Illegal, Unreported, and Unregulated Fishing Enforcement Act of 2015

Bill: 114-hr-774
Sponsor: Del. Bordallo, Madeleine Z. [D-GU-At Large]
Introduced: 2015-02-05 in the House
Policy area: Public Lands and Natural Resources
Subjects: Administrative law and regulatory procedures
Advisory bodies
Arctic and polar regions
Assault and harassment offenses
Atlantic Ocean
Caribbean area
Civil actions and liability
Costa Rica
Crimes against animals and natural resources
Criminal investigation, prosecution, interrogation
Customs enforcement
Department of Commerce
Fishes
Fraud offenses and financial crimes
Government information and archives
International law and treaties
International organizations and cooperation
Latin America
Licensing and registrations
Marine and coastal resources, fisheries
Pacific Ocean
Seafood
Trade restrictions
Wildlife conservation and habitat protection

Summary:
action_date: 2015-02-05
text: 

Illegal, Unreported, and Unregulated Fishing Enforcement Act of 2015

 
This bill amends the High Seas Driftnet Fishing Moratorium Protection Act to direct the National Oceanic and Atmospheric Administration (NOAA) and the Coast Guard to enforce specified laws to address illegal, unreported, or unregulated (IUU) fishing, including through vessel forfeiture and civil and criminal penalties. 

NOAA may: (1) help other nations combat IUU fishing and achieve sustainable fisheries; (2) disclose information to government agencies, international fisheries management organizations, and foreign governments to enforce or assist in enforcing fisheries policies; and (3) publish a list of vessels and vessel owners engaged in IUU fishing and take action against listed vessels and owners.
 
This bill subjects a nation to sanctions only if NOAA certifies that the nation is not addressing IUU fishing or activities resulting in bycatch of a protected living marine resource. Currently, such nations are subject to denial of port privileges and other sanctions unless NOAA has certified that they are addressing such activities. 
 
This bill amends the Magnuson-Stevens Fishery Conservation and Management Act to expand enforcement authority to include violations of a treaty or binding conservation measure.
 

Antigua Convention Implementing Act of 2015

 
This bill amends the Tuna Conventions Act of 1950 to implement the Convention for the Strengthening of the Inter-American Tropical Tuna Commission Established by the 1949 Convention Between the United States of America and the Republic of Costa Rica, also known as the Antigua Convention.
 
The Eastern Pacific Tuna Licensing Act of 1984 is repealed.
 

Port State Measures Agreement Act of 2015
 
This bill implements the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing signed by the United States November 22, 2009.
action_date: 2015-07-27
text: 

Illegal, Unreported, and Unregulated Fishing Enforcement Act of 2015

 
This bill revises enforcement mechanisms of several Acts to address illegal, unreported, or unregulated (IUU) fishing.
 
TITLE I--STRENGTHENING FISHERIES ENFORCEMENT MECHANISMS
 
 (Sec. 101) This bill amends the High Seas Driftnet Fishing Moratorium Protection Act to revise and apply its enforcement provisions to: 
 
 
 the Pacific Salmon Treaty Act of 1985,
 
 the Dolphin Protection Consumer Information Act, 
 
the Tuna Conventions Act of 1950, 
 
the North Pacific Anadromous Stocks Act of 1992,
 
the Atlantic Tunas Convention Act of 1975, 
 
the Northwest Atlantic Fisheries Convention Act of 1995,
 
the Western and Central Pacific Fisheries Convention Implementation Act, and
 
the Antigua Convention Implementing Act of 2015.
 
 
The High Seas Driftnet Fishing Moratorium Protection Act is revised to direct the Department of Commerce to prevent a person from violating those Acts in the same manner as though specified enforcement provisions of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) had been incorporated into each Act, including civil and criminal penalties, permit sanctions, and civil forfeiture procedures. Additional enforcement authorities are established with respect to searches and seizures, inspections, shipment detentions, the carrying of firearms, arrests, and the execution of subpoenas. 
 
The MSA is amended to make it unlawful for any person to import, export, transport, sell, acquire, or purchase in interstate or foreign commerce any fish taken, possessed, transported, or sold in violation of 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.
 
Commerce may: (1) engage in international cooperation to help other nations combat IUU fishing and achieve sustainable fisheries; and (2) disclose certain enforcement information to state or federal agencies or internationally to ensure compliance with measures Commerce enforces, including international fishery agreements to which the United States is a party. Commerce is subject to the data confidentiality provisions of the MSA, except with respect to: (1) obligations of the United States to share information under a regional fisheries management organization of which the United States is a member, or (2) information collected by Commerce regarding foreign vessels.
 
The High Seas Driftnet Fishing Moratorium Protection Act is amended to require Commerce to take actions to improve the effectiveness of arrangements made pursuant to an international fishery agreement in conserving and managing fish stocks under its jurisdiction.
 
Commerce may: (1) develop and publish a list of vessels engaged in IUU fishing or fishing-related activities in support of IUU, including vessels or vessel owners identified by an international fishery management organization or arrangement made pursuant to an international fishery agreement; and (2) take action against listed vessels.
 
Certain sanctions concerning IUU fishing are revised. The bill eliminates the denial of port privileges to vessels because Commerce has not yet issue a certification that a nation's nationals or vessels are not engaging in IUU fishing. 
 
Commerce must identify nations that: (1) violate conservation and management measures required under an international fishery management agreement to which the United States is a party, or (2) fail to effectively address or regulate IUU fishing or practices in the last three years. Provisions of the High Seas Driftnet Fishing Moratorium Protection Act that apply to nations are applied to other entities that have competency to enter into international fishery management agreements as appropriate.
 
The bill authorizes enforcement programs for the fishery laws mentioned in this title and for the identification of those nations through FY2020. 
 
(Sec. 102) The High Seas Driftnet Fisheries Enforcement Act is amended to require denial of port privileges and other sanctions for fishing vessels of a nation that receives a negative IUU or conservation certification.
 
(Sec. 106) The Antarctic Marine Living Resources Convention Act of 1984 is amended to remove a requirement that, in order to be a violation of the Act, a person knew, or reasonably should have known, that an Antarctic marine living resource was harvested in violation of the Act. Commerce may publish in the Federal Register a final regulation to implement certain conservation measures.
 
(Sec. 107) The Atlantic Tunas Convention Act of 1975 is amended to remove a requirement for Commerce to submit an annual report on the conservation and management of highly migratory species. 
 
(Sec. 108) The High Seas Fishing Compliance Act of 1995 is amended to void high seas fishing permits if any other required permit or authorization is expired, revoked, or suspended or if the vessel is no longer documented under U.S. laws or eligible for documentation.
 
TITLE II--IMPLEMENTATION OF THE ANTIGUA CONVENTION
 
 
Antigua Convention Implementing Act of 2015

 
(Sec. 202) The Tuna Conventions Act of 1950 is amended to revise provisions regarding: (1) the Inter-American Tropical Tuna Commission, (2) the General Advisory Committee, (3) the Scientific Advisory Subcommittee, and (4) enforcement.
 
(Sec. 210) The Eastern Pacific Tuna Licensing Act of 1984 is repealed. 
TITLE III--AGREEMENT ON PORT STATE MEASURES TO PREVENT, DETER AND ELIMINATE ILLEGAL, UNREPORTED AND UNREGULATED FISHING 

Port State Measures Agreement Act of 2015
 
(Sec. 304) Commerce may promulgate regulations to carry out the implementation of the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, done at the Food and Agriculture Organization of the United Nations, in Rome, Italy, November 22, 2009, and signed by the United States November 22, 2009. The Agreement provides tools for nations to address IUU fishing and to prevent IUU-caught fish from entering markets and competing with legally-caught fish. It recognizes that all seafood must pass through a port to get to market and allows nations to use inspections to prevent IUU fish from reaching the market.
action_date: 2015-10-21
text: 
(This measure has not been amended since it was passed by the House on July 27, 2015. The summary of that version is repeated here.)
 

Illegal, Unreported, and Unregulated Fishing Enforcement Act of 2015

 
This bill revises enforcement mechanisms of several Acts to address illegal, unreported, or unregulated (IUU) fishing.
 
TITLE I--STRENGTHENING FISHERIES ENFORCEMENT MECHANISMS
 
 (Sec. 101) This bill amends the High Seas Driftnet Fishing Moratorium Protection Act to revise and apply its enforcement provisions to: 
 
 
 the Pacific Salmon Treaty Act of 1985,
 
 the Dolphin Protection Consumer Information Act, 
 
the Tuna Conventions Act of 1950, 
 
the North Pacific Anadromous Stocks Act of 1992,
 
the Atlantic Tunas Convention Act of 1975, 
 
the Northwest Atlantic Fisheries Convention Act of 1995,
 
the Western and Central Pacific Fisheries Convention Implementation Act, and
 
the Antigua Convention Implementing Act of 2015.
 
 
The High Seas Driftnet Fishing Moratorium Protection Act is revised to direct the Department of Commerce to prevent a person from violating those Acts in the same manner as though specified enforcement provisions of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) had been incorporated into each Act, including civil and criminal penalties, permit sanctions, and civil forfeiture procedures. Additional enforcement authorities are established with respect to searches and seizures, inspections, shipment detentions, the carrying of firearms, arrests, and the execution of subpoenas. 
 
The MSA is amended to make it unlawful for any person to import, export, transport, sell, acquire, or purchase in interstate or foreign commerce any fish taken, possessed, transported, or sold in violation of 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.
 
Commerce may: (1) engage in international cooperation to help other nations combat IUU fishing and achieve sustainable fisheries; and (2) disclose certain enforcement information to state or federal agencies or internationally to ensure compliance with measures Commerce enforces, including international fishery agreements to which the United States is a party. Commerce is subject to the data confidentiality provisions of the MSA, except with respect to: (1) obligations of the United States to share information under a regional fisheries management organization of which the United States is a member, or (2) information collected by Commerce regarding foreign vessels.
 
The High Seas Driftnet Fishing Moratorium Protection Act is amended to require Commerce to take actions to improve the effectiveness of arrangements made pursuant to an international fishery agreement in conserving and managing fish stocks under its jurisdiction.
 
Commerce may: (1) develop and publish a list of vessels engaged in IUU fishing or fishing-related activities in support of IUU, including vessels or vessel owners identified by an international fishery management organization or arrangement made pursuant to an international fishery agreement; and (2) take action against listed vessels.
 
Certain sanctions concerning IUU fishing are revised. The bill eliminates the denial of port privileges to vessels because Commerce has not yet issue a certification that a nation's nationals or vessels are not engaging in IUU fishing. 
 
Commerce must identify nations that: (1) violate conservation and management measures required under an international fishery management agreement to which the United States is a party, or (2) fail to effectively address or regulate IUU fishing or practices in the last three years. Provisions of the High Seas Driftnet Fishing Moratorium Protection Act that apply to nations are applied to other entities that have competency to enter into international fishery management agreements as appropriate.
 
The bill authorizes enforcement programs for the fishery laws mentioned in this title and for the identification of those nations through FY2020. 
 
(Sec. 102) The High Seas Driftnet Fisheries Enforcement Act is amended to require denial of port privileges and other sanctions for fishing vessels of a nation that receives a negative IUU or conservation certification.
 
(Sec. 106) The Antarctic Marine Living Resources Convention Act of 1984 is amended to remove a requirement that, in order to be a violation of the Act, a person knew, or reasonably should have known, that an Antarctic marine living resource was harvested in violation of the Act. Commerce may publish in the Federal Register a final regulation to implement certain conservation measures.
 
(Sec. 107) The Atlantic Tunas Convention Act of 1975 is amended to remove a requirement for Commerce to submit an annual report on the conservation and management of highly migratory species. 
 
(Sec. 108) The High Seas Fishing Compliance Act of 1995 is amended to void high seas fishing permits if any other required permit or authorization is expired, revoked, or suspended or if the vessel is no longer documented under U.S. laws or eligible for the documentation.
 
TITLE II--IMPLEMENTATION OF THE ANTIGUA CONVENTION
 
 
Antigua Convention Implementing Act of 2015

 
(Sec. 202) The Tuna Conventions Act of 1950 is amended to revise provisions regarding: (1) the Inter-American Tropical Tuna Commission, (2) the General Advisory Committee, (3) the Scientific Advisory Subcommittee, and (4) enforcement.
 
(Sec. 210) The Eastern Pacific Tuna Licensing Act of 1984 is repealed. 
TITLE III--AGREEMENT ON PORT STATE MEASURES TO PREVENT, DETER AND ELIMINATE ILLEGAL, UNREPORTED AND UNREGULATED FISHING 

Port State Measures Agreement Act of 2015
 
(Sec. 304) Commerce may promulgate regulations to carry out the implementation of the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, done at the Food and Agriculture Organization of the United Nations, in Rome, Italy, November 22, 2009, and signed by the United States November 22, 2009. The Agreement provides tools for nations to address IUU fishing and to prevent IUU-caught fish from entering markets and competing with legally-caught fish. It recognizes that all seafood must pass through a port to get to market and allows nations to use inspections to prevent IUU fish from reaching the market.
action_date: 2015-11-05
text: 

Illegal, Unreported, and Unregulated Fishing Enforcement Act of 2015

 
(Sec. 101) This bill amends the High Seas Driftnet Fishing Moratorium Protection Act to direct the National Oceanic and Atmospheric Administration (NOAA) and the Coast Guard to enforce specified laws to address illegal, unreported, or unregulated (IUU) fishing. NOAA and other federal and state agencies are given the authority to enforce those laws, including enforcement through vessel forfeiture and civil and criminal penalties.
 
NOAA may: (1) help other nations combat IUU fishing and achieve sustainable fisheries; (2) disclose information to government agencies, international fisheries management organizations, and foreign governments to enforce or assist in enforcing fisheries policies; and (3) publish a list of vessels and vessel owners engaged in IUU fishing and take action against listed vessels and owners.
 
This bill subjects a nation to sanctions only if NOAA certifies that the nation is not addressing IUU fishing or activities resulting in bycatch of a protected living marine resource. Currently, such nations are subject to denial of port privileges and other sanctions unless NOAA has certified that they are addressing such activities. 
 
 NOAA must consider the activity of vessels of a nation in the last three years when identifying a nation as having vessels engaged in IUU fishing. Currently, NOAA considers only more recent activity. 
 
(Sec. 112) This bill amends the Magnuson-Stevens Fishery Conservation and Management Act to expand enforcement authority to include violations of a treaty or binding conservation measure.
 
TITLE II--IMPLEMENTATION OF THE ANTIGUA CONVENTION
 

Antigua Convention Implementing Act of 2015

 
(Sec. 202) This bill amends the Tuna Conventions Act of 1950 to implement the Convention for the Strengthening of the Inter-American Tropical Tuna Commission Established by the 1949 Convention Between the United States of America and the Republic of Costa Rica, also known as the Antigua Convention.
 
(Sec. 210) The Eastern Pacific Tuna Licensing Act of 1984 is repealed.
 
TITLE III--AGREEMENT ON PORT STATE MEASURES TO PREVENT, DETER AND ELIMINATE ILLEGAL, UNREPORTED AND UNREGULATED FISHING
 

Port State Measures Agreement Act of 2015
 
(Sec. 302) This bill implements the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing signed by the United States November 22, 2009.

Legislative actions:
action_date: 2015-11-05
text: Became Public Law No: 114-81.
action_date: 2015-11-05
text: Became Public Law No: 114-81.
action_date: 2015-11-05
text: Signed by President.
action_date: 2015-11-05
text: Signed by President.
action_date: 2015-10-26
text: Presented to President.
action_date: 2015-10-26
text: Presented to President.
action_date: 2015-10-22
text: Message on Senate action sent to the House.
action_date: 2015-10-21
text: Passed Senate without amendment by Unanimous Consent.
action_date: 2015-10-21
text: Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.
action_date: 2015-10-21
text: Senate Committee on Commerce, Science, and Transportation discharged by Unanimous Consent. (consideration: CR S7407)
action_date: 2015-10-21
text: Senate Committee on Commerce, Science, and Transportation discharged by Unanimous Consent.(consideration: CR S7407)
action_date: 2015-07-28
text: Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.
action_date: 2015-07-27
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2015-07-27
text: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H5479-5484)
action_date: 2015-07-27
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H5479-5484)
action_date: 2015-07-27
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 774.
action_date: 2015-07-27
text: Considered under suspension of the rules. (consideration: CR H5478-5486)
action_date: 2015-07-27
text: Mrs. Radewagen moved to suspend the rules and pass the bill, as amended.
action_date: 2015-07-20
text: Referred sequentially to the House Committee on the Judiciary for a period ending not later than July 30, 2015 for consideration of such provisions of the bill and amendment as fall within the jurisdiction of that committee pursuant to clause 1(l), rule X.
action_date: 2015-07-20
text: Committee on Transportation discharged.
action_date: 2015-07-20
text: Committee on Transportation discharged.
action_date: 2015-07-20
text: Reported (Amended) by the Committee on Natural Resources. H. Rept. 114-212, Part I.
action_date: 2015-07-20
text: Reported (Amended) by the Committee on Natural Resources. H. Rept. 114-212, Part I.
action_date: 2015-04-30
text: Ordered to be Reported (Amended) by Unanimous Consent.
action_date: 2015-04-30
text: Committee Consideration and Mark-up Session Held.
action_date: 2015-04-30
text: Subcommittee on Water, Power and Oceans Discharged.
action_date: 2015-04-29
text: Committee Consideration and Mark-up Session Held.
action_date: 2015-03-16
text: Referred to the Subcommittee on Water, Power and Oceans.
action_date: 2015-02-06
text: Referred to the Subcommittee on Coast Guard and Maritime Transportation.
action_date: 2015-02-05
text: Referred to the Committee on Natural Resources, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2015-02-05
text: Referred to the Committee on Natural Resources, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2015-02-05
text: Referred to the Committee on Natural Resources, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2015-02-05
text: Sponsor introductory remarks on measure. (CR E175)
action_date: 2015-02-05
text: Introduced in House
action_date: 2015-02-05
text: Introduced in House

Enacted as: number: 114-81