(1) striking ‘‘Except as provided in section 
973d of this title, it’’ at the beginning of section 
5(b), and inserting in its place: ‘‘It’’; 
(2) striking paragraph (5); and 
(3) redesignating existing paragraphs (6) and 
(7) as paragraphs (5) and (6), respectively. 
SEC. 5. EXCEPTIONS. 
(a) Section 6 (16 U.S.C. 973d) is amended by strik-
ing section 6, including the section heading of section 6 
and subsections (a) and (b), and inserting in its place: 
‘‘øReserved¿’’. 
SEC. 6. CRIMINAL OFFENSES. 
(a) PROHIBITED ACTS.—Section 7(a) (16 U.S.C. 
973e) is amended by striking ‘‘section 973c(a)(8), (10), 
(11), or (12)’’, and inserting in its place: ‘‘section 
973c(a)(6), (8), (9), or (10)’’. 
SEC. 7. CIVIL PENALTIES. 
(a) DETERMINATION OF LIABILITY; AMOUNT; PAR-
TICIPATION BY SECRETARY OF STATE IN ASSESSMENT 
PROCEEDING.—Section 8(a) (16 U.S.C. 973f) is amended 
by— 
(1) striking ‘‘Code’’ after ‘‘liable to the United 
States’’; and 
(2) striking ‘‘Except for those acts prohibited 
by section 973c(a)(4), (5), (7), (8), (10), (11), and 
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(12), and section 973c(b)(1), (2), (3), and (7) of 
this title, the’’, and inserting in its place: ‘‘The’’. 
(b) WAIVER
OF REFERRAL
TO ATTORNEY GEN-
ERAL.—Section 8(g) (16 U.S.C. 973f) is amended by— 
(1) striking ‘‘(8), (9),’’ after ‘‘(5), (6), (7),’’ at 
the beginning of paragraph (g), and inserting in its 
place: ‘‘(11), (12), or’’; and 
(2) striking ‘‘, all Limited Areas closed to fish-
ing,’’ after ‘‘outside of the Licensing Area’’ in para-
graph (2). 
SEC. 8. LICENSES. 
(a) FORWARDING AND TRANSMITTAL OF VESSEL LI-
CENSE APPLICATION.—Section 9(b) (16 U.S.C. 973g) is 
amended by— 
(1) striking ‘‘Except as provided in sub-
sections’’ at the beginning of section 9(b), and in-
serting in its place: ‘‘In accordance with subsection’’; 
(2) inserting ‘‘and except as provided in sub-
section’’ after ‘‘In accordance with subsection (e),’’ 
at the beginning of section 9(b), as so amended; 
(3) striking ‘‘, and (g)’’ at the beginning of sec-
tion 9(b); 
(4) striking ‘‘to the Secretary of State for 
transmittal’’; and 
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(5) striking ‘‘, includes a complete application 
form as required by Annex II of the Treaty, and is 
accompanied by the required license fee’’ at the end 
of section 9(b). 
(b) FEES AND SCHEDULES.—Section 9(c) (16 U.S.C. 
973g) is amended by— 
(1) striking ‘‘and fee schedules’’ in the section 
heading of section 9(c); 
(2) striking paragraph (1); 
(3) striking ‘‘(2) After such initial year, fees for 
vessel licenses’’ of paragraph (2), and inserting in its 
place: ‘‘Fees required under the Treaty’’; 
(4) striking ‘‘fee schedules established under 
Annex II of’’; and 
(5) striking ‘‘published by the Secretary’’ at the 
end of section 9(c), and inserting in its place: ‘‘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(f) (16 U.S.C. 973g) is amended by— 
(1) striking section 9(f); and 
(2) redesignating existing sections 9(g) and 
9(h) as sections 9(f) and 9(g), respectively. 
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(d) GROUNDS FOR DENIAL OF FORWARDING OF LI-
CENSE APPLICATION.—Section 9(f) (16 U.S.C. 973g), as 
so redesignated, is amended by striking ‘‘chapter’’ at the 
end of paragraph (4), and inserting in its place: ‘‘title’’. 
(e) GRANDFATHERING OF VESSELS DOCUMENTED 
BEFORE NOVEMBER 3, 1995.—Section 9(g) (16 U.S.C. 
973g), as so redesignated, is amended by— 
(1) in paragraph (1), replacing ‘‘12108’’ with 
‘‘12113’’; 
(2) striking ‘‘Treaty’’ after ‘‘may fish for tuna 
in the’’ in paragraph (3) and inserting in its place: 
‘‘Licensing’’; 
(3) striking ‘‘including those waters subject to 
the jurisdiction of the United States’’ in paragraph 
(3) and inserting in its place: ‘‘and on the high seas 
and in waters subject to the jurisdiction of the 
United States west of 146° W. longitude and east of 
129.5° E longitude’’; 
(4) striking ‘‘treaty and’’ after ‘‘subject to the 
provisions of the’’ in paragraph (3), and inserting in 
its place: ‘‘Treaty,’’; 
(5) inserting ‘‘and other applicable law,’’ in 
paragraph (3) after ‘‘this chapter,’’; 
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(6) striking ‘‘fishing in the Treaty Area’’ after 
‘‘provided that no such vessel’’ in paragraph (3); 
and 
(7) striking ‘‘under the provisions of the Treaty 
or this chapter’’ at the end of paragraph (3). 
SEC. 9. ENFORCEMENT. 
(a) NOTICE REQUIREMENTS
TO PACIFIC ISLAND 
PARTY CONCERNING INSTITUTION
AND OUTCOME
OF 
LEGAL PROCEEDINGS.—Section 10(c) (16 U.S.C. 973h) 
is amended by— 
(1) striking ‘‘paragraph 8 of Article 4 of’’ after 
‘‘notify the Pacific Island Party in accordance with’’ 
in paragraph (1); and 
(2) striking ‘‘Article 10 of’’ after ‘‘effective date 
of the notice under’’ at the end of paragraph (1). 
(b) SEARCHES AND SEIZURES BY AUTHORIZED OF-
FICERS; LIMITATIONS
ON POWER.—Section 10(d) (16 
U.S.C. 973h) is amended by— 
(1) striking ‘‘or’’ at the end of paragraph 
(1)(A)(ii); and 
(2) inserting ‘‘or’’ at the end of paragraph 
(1)(A)(iii). 
SEC. 10. FINDINGS BY SECRETARY. 
(a) ORDER OF VESSEL TO LEAVE WATERS UPON 
FAILURE TO SUBMIT TO JURISDICTION OF PACIFIC IS-
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LAND PARTY; PROCEDURE APPLICABLE.—Section 11(a) 
(16 U.S.C. 973i) is amended by— 
(1) striking ‘‘, all Limited Areas,’’ after ‘‘leave 
immediately the Licensing Area’’ in section 11(a); 
(2) striking ‘‘paragraph 2 of Article 3 of’’ after 
‘‘and that under’’ in paragraph (1)(A); 
(3) striking ‘‘within the Treaty Area’’ after 
‘‘final determination deriving from a violation in 
waters’’ in paragraph (1)(C), and inserting in its 
place: ‘‘under the jurisdiction’’; 
(4) 
striking 
‘‘(a)(5),’’ 
after 
‘‘section 
973c(a)(4),’’ in paragraph (2)(A); 
(5) striking ‘‘(7)’’ after ‘‘section 973c(b)’’ in 
paragraph (2)(B), and inserting in its place: ‘‘(6)’’; 
and 
(6) striking ‘‘(7)’’ after ‘‘section 973c(b)’’ in 
paragraph (2)(C), and inserting in its place: ‘‘(6)’’. 
(b) ORDER OF VESSEL TO LEAVE WATERS WHERE 
PACIFIC ISLAND PARTY INVESTIGATING ALLEGED TREA-
TY INFRINGEMENT.—Section 11(b) (16 U.S.C. 973i) is 
amended by striking ‘‘paragraph 7 of Article 5 of’’ after 
‘‘Parties has been made under’’. 
SEC. 11. REPORTING REQUIREMENTS; DISCLOSURE OF IN-
FORMATION. 
(a) Section 12(a) (16 U.S.C. 973j) is amended by— 
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(1) striking ‘‘Holders of licenses’’ at the begin-
ning of section 12(a), and inserting in its place: 
‘‘Operators’’; and 
(2) striking ‘‘of part 4 of Annex I to the Trea-
ty’’ at the end of section 12(a), and inserting in its 
place: ‘‘established by the Secretary’’. 
(b) Section 12(b) (16 U.S.C. 973j) is amended by— 
(1) striking section 12(b), and inserting the fol-
lowing new paragraphs in its place— 
‘‘(b) The following information shall be confidential 
and shall not be disclosed, except in accordance with sub-
section (c) below— 
‘‘(1) information provided to the Secretary by 
the Administrator that the Administrator has des-
ignated confidential; 
‘‘(2) observer information; and 
‘‘(3) any information submitted to the Sec-
retary by any person in compliance with the require-
ments of this title. 
‘‘(c) The Secretary may disclose information de-
scribed in subsection (b): 
‘‘(1) if disclosure is required under court order; 
‘‘(2) if the information is used by Federal em-
ployees for enforcement, or in support of the Coast 
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Guard’s homeland and national security missions as 
defined in 6 U.S.C. 468; 
‘‘(3) if the information is used by Federal em-
ployees or Fishery Management Council employees 
for Treaty administration or fishery management 
and monitoring; 
‘‘(4) to the Administrator, in accordance with 
the requirements of the Treaty and this title; 
‘‘(5) to the secretariat or equivalent of an inter-
national fisheries management organization of which 
the United States is a member, in accordance with 
its requirements or decisions, and insofar as pos-
sible, in accordance with an agreement that prevents 
public disclosure of the business or identity of any 
person; or 
‘‘(6) if the Secretary has obtained written au-
thorization from the person providing such informa-
tion, and release does not violate other requirements 
of this title. 
‘‘(d) Notwithstanding subsections (b) and (c) above, 
the Secretary may, by regulations, prescribe such proce-
dures as may be necessary to preserve the confidentiality 
of information described in subsection (b), except that the 
Secretary may release or make public any such informa-
tion in any aggregate or summary form, which does not 
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directly or indirectly disclose the identity or business of 
any person submitting such information.’’. 
SEC. 12. CLOSED AREA STOWAGE REQUIREMENTS. 
(a) Section 13 (16 U.S.C. 973k) is amended by strik-
ing ‘‘. In particular, the boom shall be lowered’’ and all 
that follows, and inserting in its place: ‘‘and in accordance 
with any requirements established by the Secretary.’’. 
SEC. 13. OBSERVERS. 
(a) Section 14 (16 U.S.C. 973l) is amended by strik-
ing the text of section 14, including subsections (a), (b), 
and (c), and paragraphs (1), (2), (3), and (4) of sub-
section (a), and inserting in its place: ‘‘Operators shall 
comply with the requirements established by the Secretary 
regarding vessel observers.’’. 
SEC. 14. TECHNICAL ASSISTANCE. 
(a) Section 15 (16 U.S.C. 973m) is amended by strik-
ing the text of section 15, and inserting the following new 
paragraph in its place— 
‘‘The Secretary and the Secretary of State may assist 
the Pacific Island Parties to achieve their objective of 
maximizing benefits to the Pacific Island Parties from the 
development of their fisheries resources and the operation 
of fishing vessels that are licensed pursuant to the Treaty. 
This may include the provision of technical assistance, 
training and capacity building opportunities, facilitation of 
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the implementation of private sector activities or partner-
ships, and other activities as appropriate.’’. 
SEC. 15. ARBITRATION. 
(a) Section 16 (16 U.S.C. 973n) is amended by— 
(1) striking ‘‘Article 6 of’’ after ‘‘arbitral tri-
bunal under’’; and 
(2) striking ‘‘paragraph 3 of that Article’’, and 
inserting in its place: ‘‘the Treaty, shall determine 
the location of the arbitration’’. 
SEC. 16. DISPOSITION OF FEES, PENALTIES, FORFEITURES, 
AND OTHER MONEYS. 
(a) Section 17 (16 U.S.C. 973o) is amended by strik-
ing ‘‘Article 4 of’’. 
SEC. 17. ADDITIONAL AGREEMENTS. 
(a) Section 18 (16 U.S.C. 973p) is amended by strik-
ing the text of section 18, and inserting in its place: ‘‘The 
Secretary may establish procedures for review of any 
agreements for additional fishing access entered into pur-
suant to the Treaty.’’. 
SEC. 18. AUTHORIZATION OF APPROPRIATIONS. 
(a) Section 20(a) (16 U.S.C. 973r) is amended by 
striking section 20(a), including paragraphs (1) and (2), 
and inserting in its place: ‘‘(a) There are authorized to 
be appropriated such sums as may be necessary for car-
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rying out the purposes and provisions of the Treaty and 
this title.’’. 
Æ 
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