[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2907 Reported in Senate (RS)]
Calendar No. 1028
110th CONGRESS
2d Session
S. 2907
[Report No. 110-469]
To establish uniform administrative and enforcement procedures and
penalties for the enforcement of the High Seas Driftnet Fishing
Moratorium Protection Act and similar statutes, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 24, 2008
Mr. Inouye (for himself, Mr. Stevens, Mr. Kerry, Mr. Wicker, Ms.
Murkowski, Ms. Snowe, and Ms. Cantwell) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
September 17, 2008
Reported by Mr. Inouye, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To establish uniform administrative and enforcement procedures and
penalties for the enforcement of the High Seas Driftnet Fishing
Moratorium Protection Act and similar statutes, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the
``International Fisheries Stewardship and Enforcement Act''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>TITLE I--ADMINISTRATION AND ENFORCEMENT OF CERTAIN FISHERY AND
RELATED STATUTES.
<DELETED>Sec. 101. Authority of the Secretary to enforce statutes.
<DELETED>Sec. 102. Conforming, minor, and technical amendments.
<DELETED>Sec. 103. Illegal, unreported, or unregulated fishing.
<DELETED>TITLE II--LAW ENFORCEMENT AND INTERNATIONAL OPERATIONS
<DELETED>Sec. 201. International fisheries enforcement program.
<DELETED>Sec. 202. International cooperation and assistance program.
<DELETED>TITLE III--MISCELLANEOUS AMENDMENTS
<DELETED>Sec. 301. Atlantic Tunas Convention Act of 1975.
<DELETED>Sec. 302. Data Sharing.
<DELETED>Sec. 303. Permits under the High Seas Fishing Compliance Act
of 1995.
<DELETED>Sec. 304. Technical corrections to the Western and Central
Pacific Fisheries Convention Implementation
Act.
<DELETED>Sec. 305. Technical correction to the Pacific Whiting Act of
2006.
<DELETED>Sec. 306. Regulations under the Antarctic Marine Living
Resources Convention Act of 1984.
<DELETED>TITLE I--ADMINISTRATION AND ENFORCEMENT OF CERTAIN FISHERY AND
RELATED STATUTES.</DELETED>
<DELETED>SEC. 101. AUTHORITY OF THE SECRETARY TO ENFORCE
STATUTES.</DELETED>
<DELETED> (a) In General.--</DELETED>
<DELETED> (1) Enforcement of statutes.--The Secretary of
Commerce and the Secretary of the department in which the Coast
Guard is operating shall enforce the statutes to which this
section applies in accordance with the provisions of this
section.</DELETED>
<DELETED> (2) Utilization of nondepartmental resources.--The
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, including all elements of the Department of Defense,
and of any State agency, in carrying out this
section.</DELETED>
<DELETED> (3) Statutes to which applicable.--This section
applies to--</DELETED>
<DELETED> (A) the High Seas Driftnet Fishing
Moratorium Protection Act (16 U.S.C. 1826d et
seq.);</DELETED>
<DELETED> (B) title III of the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1411 et
seq.);</DELETED>
<DELETED> (C) the Dolphin Protection Consumer
Information Act (16 U.S.C. 1385);</DELETED>
<DELETED> (D) the Tuna Conventions Act of 1950 (16
U.S.C. 951 et seq.);</DELETED>
<DELETED> (E) the North American Anadromous Stocks
Act of 1992 (16 U.S.C. 5001 et seq.);</DELETED>
<DELETED> (F) the South Pacific Tuna Act of 1988 (16
U.S.C. 973 et seq.);</DELETED>
<DELETED> (G) the Antarctic Marine Living Resources
Convention Act of 1984 (16 U.S.C. 2431 et
seq.);</DELETED>
<DELETED> (H) the Atlantic Tunas Convention Act of
1975 (16 U.S.C. 971 et seq.);</DELETED>
<DELETED> (I) the Northwest Atlantic Fisheries
Convention Act of 1995 (16 U.S.C. 5601 et
seq.);</DELETED>
<DELETED> (J) the Western and Central Pacific
Fisheries Convention Implementation Act (16 U.S.C. 6901
et seq.);</DELETED>
<DELETED> (K) the Northern Pacific Halibut Act of
1982 (16 U.S.C. 773 et seq.);</DELETED>
<DELETED> (L) any other Act in pari materia, so
designated by the Secretary after notice and an
opportunity for a hearing; and</DELETED>
<DELETED> (M) the Antigua Convention Implementing
Act of 2008.</DELETED>
<DELETED> (b) Administration and Enforcement.--The Secretary shall
prevent any person from violating 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 307 through 311 of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1857 through
1861) were incorporated into and made a part of each such Act. Except
as provided in subsection (c), any person that violates any Act to
which this section applies is subject to the penalties, and entitled to
the privileges and immunities, provided in the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.) in the same
manner and by the same means as though sections 307 through 311 of that
Act were incorporated into and made a part of each such Act.</DELETED>
<DELETED> (c) Special Rules.--</DELETED>
<DELETED> (1) In general.--Notwithstanding the incorporation
by reference of certain sections of the Magnuson-Stevens
Fishery Conservation and Management Act under subsection (b),
if there is a conflict between a provision of this subsection
and the corresponding provision of any section of the Magnuson-
Stevens Fishery Conservation and Management Act so
incorporated, the provision of this subsection shall
apply.</DELETED>
<DELETED> (2) Civil administrative enforcement.--The amount
of the civil penalty for a violation of any Act to which this
section applies shall not exceed $250,000 for each violation.
Each day of a continuing violation shall constitute a separate
violation.</DELETED>
<DELETED> (3) Civil judicial enforcement.--The Attorney
General, upon the request of the Secretary, may commence a
civil action in an appropriate district court of the United
States to enforce this Act and any Act to which this section
applies, and such court shall have jurisdiction to award civil
penalties or such other relief as justice may require,
including a permanent or temporary injunction. The amount of
the civil penalty for a violation of any Act to which this
section applies shall not exceed $250,000 for each violation.
Each day of a continuing violation shall constitute a separate
violation. In determining the amount of a civil penalty, the
court shall take into account the nature, circumstances,
extent, and gravity of the prohibited acts committed and, with
respect to the violator, the degree of culpability, any history
of prior violations and such other matters as justice may
require. In imposing such penalty, the district court may also
consider information related to the ability of the violator to
pay.</DELETED>
<DELETED> (4) Criminal fines and penalties.--</DELETED>
<DELETED> (A) Individuals.--In the case of an
individual, any offense described in subsection (e)(2),
(3), (4), (5), or (6) is punishable by a fine of not
more than $500,000, imprisonment for not more than 5
years, or both. If, in the commission of such offense,
an individual uses a dangerous weapon, engages in
conduct that causes bodily injury to any officer
authorized to enforce the provisions of this Act, or
places any such officer in fear of imminent bodily
injury the maximum term of imprisonment is 10
years.</DELETED>
<DELETED> (B) Other persons.--In the case of any
other person, any offense described in subsection
(e)(2), (3), (4), (5), or (6) is punishable by a fine
of not more than $1,000,000.</DELETED>
<DELETED> (5) Other criminal violations.--Any person (other
than a foreign government or any entity of such government) who
knowingly violates any provision of subsection (e) of this
section, or any provision of any regulation promulgated
pursuant to this Act, is guilty of a criminal offense
punishable--</DELETED>
<DELETED> (A) in the case of an individual, by a
fine of not more than $500,000, imprisonment for not
more than 5 years, or both; and</DELETED>
<DELETED> (B) in the case of any other person, by a
fine of not more than $1,000,000.</DELETED>
<DELETED> (6) Criminal forfeitures.--</DELETED>
<DELETED> (A) In general.--A person found guilty of
an offense described in subsection (e), or who is
convicted of a criminal violation of any Act to which
this section applies, shall forfeit to the United
States--</DELETED>
<DELETED> (i) any property, real or
personal, constituting or traceable to the
gross proceeds obtained, or retained, as a
result of the offense including any marine
species (or the fair market value thereof)
taken or retained in connection with or as a
result of the offense; and</DELETED>
<DELETED> (ii) any property, real or
personal, used or intended to be used to commit
or to facilitate the commission of the offense,
including any shoreside facility, including its
conveyances, structure, equipment, furniture,
appurtenances, stores, and cargo.</DELETED>
<DELETED> (B) Procedure.--Pursuant to section
2461(c) of title 28, United States Code, the provisions
of section 413 of the Controlled Substances Act (21
U.S.C. 853), other than subsection (d) thereof, shall
apply to criminal forfeitures under this
section.</DELETED>
<DELETED> (7) Additional enforcement authority.--In addition
to the powers of officers authorized pursuant to subsection
(b), any officer who is authorized by the Secretary, or the
head of any Federal or State agency that has entered into an
agreement with the Secretary under subsection (a) to enforce
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-Stevens fishery Conservation and
Management Act (16 U.S.C. 1861) were incorporated into and made
a part of each such Act--</DELETED>
<DELETED> (A) search or inspect any facility or
conveyance used or employed in, or which reasonably
appears to be used or employed in, the storage,
processing, transport, or trade of fish or fish
products;</DELETED>
<DELETED> (B) inspect records pertaining to the
storage, processing, transport, or trade of fish or
fish products;</DELETED>
<DELETED> (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, or
transported within the jurisdiction of the United
States; and</DELETED>
<DELETED> (D) make an arrest, in accordance with any
guidelines which may be issued by the Attorney 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 person has reasonable grounds to believe
that the person to be arrested has committed or is
committing a felony; may search and seize, in
accordance with any guidelines which may be issued by
the Attorney General and may execute and serve any
subpoena, arrest warrant, search warrant issued in
accordance 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.</DELETED>
<DELETED> (8) Subpoenas.--In addition to any subpoena
authority pursuant to subsection (b), the Secretary may, for
the purposes of conducting any investigation under this
section, or any other statute administered by the Secretary,
issue subpoenas for the production of relevant papers,
photographs, records, books, and documents in any form,
including those in electronic, electrical, or magnetic
form.</DELETED>
<DELETED> (d) District Court Jurisdiction.--The several district
courts of the United States shall have jurisdiction over any actions
arising under this section. For the purpose of this section, American
Samoa shall be included within the judicial district of the District
Court of the United States for the District of Hawaii. Each violation
shall be a separate offense and the offense shall be deemed to have
been committed not only in the district where the violation first
occurred, but also in any other district as authorized by law. Any
offenses not committed in any district are subject to the venue
provisions of section 3238 of title 18, United States Code.</DELETED>
<DELETED> (e) Prohibited Acts.--It is unlawful for any person--
</DELETED>
<DELETED> (1) to violate any provision of this section or
any Act to which this section applies or any regulation
promulgated thereunder;</DELETED>
<DELETED> (2) to refuse to permit any authorized enforcement
officer to board, search, or inspect a fishing vessel,
conveyance, or shoreside facility that is subject to the
person's control for purposes of conducting any search,
investigation, or inspection in connection with the enforcement
of this section or any Act to which this section applies or any
regulation promulgated thereunder;</DELETED>
<DELETED> (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 paragraph (2);</DELETED>
<DELETED> (4) to resist a lawful arrest for any act
prohibited by this section or any Act to which this section
applies;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (6) to forcibly assault, resist, oppose, impede,
intimidate, sexually harass, bribe, or interfere with any
observer on a vessel under this Act, or any data collector
employed by or under contract to the National Marine Fisheries
Service to carry out responsibilities under this section or any
Act to which this section applies;</DELETED>
<DELETED> (7) to import, export, transport, sell, receive,
acquire, or purchase in interstate or foreign commerce any fish
or fish product taken, possessed, transported, or sold in
violation of any foreign law, treaty or any binding
conservation measure adopted by an international agreement or
organization; or</DELETED>
<DELETED> (8) to make or submit any false record, account,
or label for, or any false identification of, any fish or fish
product which has been, or is intended to be imported,
exported, transported, sold, offered for sale, purchased, or
received in interstate or foreign commerce.</DELETED>
<DELETED> (f) Regulations.--The Secretary may promulgate such
regulations, in accordance with section 553 of title 5, United States
Code, as may be necessary to carry out this section or any Act to which
this section applies.</DELETED>
<DELETED>SEC. 102. CONFORMING, MINOR, AND TECHNICAL
AMENDMENTS.</DELETED>
<DELETED> (a) High Seas Driftnet Fishing Moratorium Protection
Act.--Section 606 of the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826g) is amended--</DELETED>
<DELETED> (1) by inserting ``(a) Detecting, Monitoring, and
Preventing Violations.--'' before ``The President'';
and</DELETED>
<DELETED> (2) by adding at the end thereof the
following:</DELETED>
<DELETED> ``(b) Enforcement.--This Act shall be enforced under
section 101 of the International Fisheries Stewardship and Enforcement
Act.''.</DELETED>
<DELETED> (b) Dolphin Protection Consumer Information Act.--Section
901 of the Dolphin Protection Consumer Information Act (16 U.S.C. 1385)
is amended--</DELETED>
<DELETED> (1) by adding at the end of subsection (d) the
following:</DELETED>
<DELETED> ``(4) An act that is considered to be a violation of
section 5 of the Federal Trade Commission Act under paragraph (1) is
deemed also to be a violation of section 609 of the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C. 1826j).</DELETED>
<DELETED> ``(5) It is a violation of section 101 of the
International Fisheries Stewardship and Enforcement Act for any person
to assault, resist, oppose, impede, intimidate, or interfere with and
authorized officer in the conduct of any search, investigation or
inspection under this Act.''; and</DELETED>
<DELETED> (2) by striking subsection (e) and inserting the
following:</DELETED>
<DELETED> ``(e) Enforcement.--This Act shall be enforced under
section 101 of the International Fisheries Stewardship and Enforcement
Act.''.</DELETED>
<DELETED> (c) Tuna Conventions Act of 1950.--Section 8 of the Tuna
Conventions Act of 1950 (16 U.S.C. 957) is amended--</DELETED>
<DELETED> (1) by striking ``regulation.'' in subsection (a)
and inserting ``regulation or for any person to make or submit
any false record, account, or label for, or any false
identification of, any fish or fish product which has been, or
is intended to be imported, exported, transported, sold,
offered for sale, purchased, or received in interstate or
foreign commerce.'';</DELETED>
<DELETED> (2) by striking subsection (d) and inserting the
following:</DELETED>
<DELETED> ``(d) It shall be unlawful for any person--</DELETED>
<DELETED> ``(1) to refuse to permit any officer authorized
to enforce the provisions of this Act to board a fishing vessel
subject to such person's control for purposes of conducting any
search, investigation, or inspection in connection with the
enforcement of this Act or any regulation promulgation or
permit issued under this Act;</DELETED>
<DELETED> ``(2) 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 paragraph (1);</DELETED>
<DELETED> ``(3) to resist a lawful arrest for any act
prohibited by this section; or</DELETED>
<DELETED> ``(4) to interfere with, delay, or prevent, by any
means, the apprehension or arrest of another person, knowing
that such other person has committed any act prohibited by this
section.'';</DELETED>
<DELETED> (3) by striking subsections (e) through (g) and
redesignating subsection (h) as subsection (f); and</DELETED>
<DELETED> (4) by inserting after subsection (d) the
following:</DELETED>
<DELETED> ``(e) Enforcement.--This section shall be enforced under
section 101 of the International Fisheries Stewardship and Enforcement
Act.''.</DELETED>
<DELETED> (d) Northern Pacific Anadromous Stocks Act of 1992.--
</DELETED>
<DELETED> (1) Unlawful activities.--Section 810 of the
Northern Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 5009)
is amended--</DELETED>
<DELETED> (A) by striking ``search or inspection''
in paragraph (5) and inserting ``search, investigation,
or inspection'';</DELETED>
<DELETED> (B) by striking ``search or inspection''
in paragraph (6) and inserting ``search, investigation,
or inspection'';</DELETED>
<DELETED> (C) by striking ``or'' after the semicolon
in paragraph (8);</DELETED>
<DELETED> (D) by striking ``title.'' in paragraph
(9) and inserting ``title; or''; and</DELETED>
<DELETED> (E) by adding at the end thereof the
following:</DELETED>
<DELETED> ``(10) for any person to make or submit any false
record, account, or label for, or any false identification of,
any fish or fish product which has been, or is intended to be
imported, exported, transported, sold, offered for sale,
purchased, or received in interstate or foreign
commerce.''.</DELETED>
<DELETED> (2) Administration and Enforcement.--Section 811
of the Northern Pacific Anadromous Stocks Act of 1992 (16
U.S.C. 5010) is amended to read as follows:</DELETED>
<DELETED>``SEC. 811. ADMINISTRATION AND ENFORCEMENT.</DELETED>
<DELETED> ``This Act shall be enforced under section 101 of the
International Fisheries Stewardship and Enforcement Act.''.</DELETED>
<DELETED> (e) Pacific Salmon Treaty Act of 1985.--Section 8 of the
Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3637) is amended--
</DELETED>
<DELETED> (1) by striking ``search or inspection'' in
subsection (a)(2) and inserting ``search, investigation, or
inspection'';</DELETED>
<DELETED> (2) by striking ``search or inspection'' in
subsection (a)(3) and inserting ``search, investigation, or
inspection'';</DELETED>
<DELETED> (3) by striking ``or'' after the semicolon in
subsection (a)(5);</DELETED>
<DELETED> (4) by striking ``section.'' in subsection (a)(6)
and inserting ``section; or'';</DELETED>
<DELETED> (5) by adding at the end of subsection (a) the
following:</DELETED>
<DELETED> ``(7) for any person to make or submit any false
record, account, or label for, or any false identification of,
any fish or fish product which has been, or is intended to be
imported, exported, transported, sold, offered for sale,
purchased, or received in interstate or foreign commerce.'';
and</DELETED>
<DELETED> (6) by striking subsections (b) through (j) and
inserting the following:</DELETED>
<DELETED> ``(b) Administration and Enforcement.--This Act shall be
enforced under section 101 of the International Fisheries Stewardship
and Enforcement Act.''.</DELETED>
<DELETED> (f) South Pacific Tuna Act of 1988.--</DELETED>
<DELETED> (1) Prohibited acts.--Section 5(a) of the South
Pacific Tuna Act of 1988 (16 U.S.C. 973c(a)) is amended--
</DELETED>
<DELETED> (A) by striking ``search or inspection''
in paragraph (8) and inserting ``search, investigation,
or inspection'';</DELETED>
<DELETED> (B) by striking ``search or inspection''
in paragraph (10)(A) and inserting ``search,
investigation, or inspection'';</DELETED>
<DELETED> (C) by striking ``or'' after the semicolon
in paragraph (12);</DELETED>
<DELETED> (D) by striking `` retained.'' in
paragraph (13) and inserting ``retained; or'';
and</DELETED>
<DELETED> (E) by adding at the end thereof the
following:</DELETED>
<DELETED> ``(14) for any person to make or submit any false
record, account, or label for, or any false identification of,
any fish or fish product which has been, or is intended to be
imported, exported, transported, sold, offered for sale,
purchased, or received in interstate or foreign
commerce.''.</DELETED>
<DELETED> (2) Administration and enforcement.--The South
Pacific Tuna Act of 1988 (16 U.S.C. 973 et seq.) is amended by
striking sections 7 and 8 (16 U.S.C. 973e and 973f) and
inserting the following:</DELETED>
<DELETED>``SEC. 7. ADMINISTRATION AND ENFORCEMENT.</DELETED>
<DELETED> ``This Act shall be enforced under section 101 of the
International Fisheries Stewardship and Enforcement Act.''.</DELETED>
<DELETED> (g) Antarctic Marine Living Resources Convention Act of
1984.--</DELETED>
<DELETED> (1) Unlawful activities.--Section 306 of the
Antarctic Marine Living Resources Convention Act (16 U.S.C.
2435) is amended--</DELETED>
<DELETED> (A) by striking ``which he knows, or
reasonably should have known, was'' in paragraph
(3);</DELETED>
<DELETED> (B) by striking ``search or inspection''
in paragraph (4) and inserting ``search, investigation,
or inspection'';</DELETED>
<DELETED> (C) by striking ``search or inspection''
in paragraph (5) and inserting ``search, investigation,
or inspection'';</DELETED>
<DELETED> (D) by striking ``or'' after the semicolon
in paragraph (6);</DELETED>
<DELETED> (E) by striking ``section.'' in paragraph
(7) and inserting ``section; or''; and</DELETED>
<DELETED> (F) by adding at the end thereof the
following:</DELETED>
<DELETED> ``(8) to make or submit any false record, account,
or label for, or any false identification of, any fish or fish
product which has been, or is intended to be imported,
exported, transported, sold, offered for sale, purchased, or
received in interstate or foreign commerce.''.</DELETED>
<DELETED> (2) Regulations.--Section 307 of the Antarctic
Marine Living Resources Convention Act (16 U.S.C. 2436) is
amended by inserting after ``title.'' the following:
``Notwithstanding the provisions of 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 rule to implement conservation measures, described in
section 305(a) of this Act, that are in effect for 12 months or
less, adopted by the Commission, and not objected to by the
United States within the time period allotted under Article IX
of the Convention. Upon publication in the Federal Register,
such conservation measures shall be in force with respect to
the United States.''.</DELETED>
<DELETED> (3) Penalties and Enforcement.--The Antarctic
Marine Living Resources Convention Act (16 U.S.C. 2431 et seq.)
is amended--</DELETED>
<DELETED> (A) by striking sections 308 and 309 (16
U.S.C. 2437 and 2438);</DELETED>
<DELETED> (B) by striking subsection (b), (c), and
(d) of section 310 (16 U.S.C. 2439) and redesignating
subsection (e) as subsection (c); and</DELETED>
<DELETED> (C) by inserting after subsection (a) the
following:</DELETED>
<DELETED> ``(b) Administration and Enforcement.--This title shall be
enforced under section 101 of the International Fisheries Stewardship
and Enforcement Act.''.</DELETED>
<DELETED> (h) Atlantic Tunas Convention Act of 1975.--</DELETED>
<DELETED> (1) Violations.--Section 7 of the Atlantic Tunas
Convention Act of 1975 (16 U.S.C. 971e) is amended--</DELETED>
<DELETED> (A) by striking subsections (e) and (f)
and redesignating subsection (g) as subsection (f);
and</DELETED>
<DELETED> (B) by inserting after subsection (d) the
following:</DELETED>
<DELETED> ``(e) Mislabeling.--It shall be unlawful for any person to
make or submit any false record, account, or label for, or any false
identification of, any fish or fish product which has been, or is
intended to be, imported, exported, transported, sold, offered for
sale, purchased or received in interstate or foreign
commerce.''.</DELETED>
<DELETED> (2) Enforcement.--Section 8 of the Atlantic Tunas
Convention Act of 1975 (16 U.S.C. 971f) is amended by striking
subsections (a) and (c), and inserting the following before
subsection (b):</DELETED>
<DELETED> ``(a) Administration and Enforcement.--This Act shall be
enforced under section 101 of the International Fisheries Stewardship
and Enforcement Act.''.</DELETED>
<DELETED> (i) 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--</DELETED>
<DELETED> (1) by striking ``AND PENALTIES.'' in the section
caption and inserting ``AND ENFORCEMENT.'';</DELETED>
<DELETED> (2) by striking ``search or inspection'' in
subsection (a)(2) and inserting ``search, investigation, or
inspection'';</DELETED>
<DELETED> (3) by striking ``search or inspection'' in
subsection (a)(3) and inserting ``search, investigation, or
inspection'';</DELETED>
<DELETED> (4) by striking ``or'' after the semicolon in
subsection (a)(5);</DELETED>
<DELETED> (5) by striking ``section.'' in subsection (a)(6)
and inserting ``section ; or'';</DELETED>
<DELETED> (6) by adding at the end of subsection (a) the
following:</DELETED>
<DELETED> ``(7) to make or submit any false record, account,
or label for, or any false identification of, any fish or fish
product which has been, or is intended to be, imported,
exported, transported, sold, offered for sale, purchased or
received in interstate or foreign commerce.''; and</DELETED>
<DELETED> (7) by striking subsection (b) through (f) and
inserting the following:</DELETED>
<DELETED> ``(b) Administration and Enforcement.--This title shall be
enforced under section 101 of the International Fisheries Stewardship
and Enforcement Act.''.</DELETED>
<DELETED> (j) Western and Central Pacific Fisheries Convention
Implementation Act.--</DELETED>
<DELETED> (1) Adminstration and enforcement.--Section 506(c)
of the Western and Central Pacific Fisheries Convention
Implementation Act (16 U.S.C. 6905(c)) is amended to read as
follows:</DELETED>
<DELETED> ``(c) Administration and Enforcement.--This title shall be
enforced under section 101 of the International Fisheries Stewardship
and Enforcement Act.''.</DELETED>
<DELETED> (2) Prohibited acts.--Section 507(a) of the
Western and Central Pacific Fisheries Convention Implementation
Act (16 U.S.C. 6906(a)) is amended--</DELETED>
<DELETED> (A) by striking ``suspension, on'' in
paragraph (2) and inserting ``suspension
of'';</DELETED>
<DELETED> (B) by striking ``title.'' in paragraph
(14) and inserting ``title; or''; and</DELETED>
<DELETED> (C) by adding at the end thereof the
following:</DELETED>
<DELETED> ``(15) to make or submit any false record,
account, or label for, or any false identification of, any fish
or fish product which has been, or is intended to be, imported,
exported, transported, sold, offered for sale, purchased or
received in interstate or foreign commerce.''.</DELETED>
<DELETED> (k) Northern Pacific Halibut Act of 1982.--</DELETED>
<DELETED> (1) Prohibited acts.--Section 7 of the Northern
Pacific Halibut Act of 1982 (16 U.S.C.773e) is amended--
</DELETED>
<DELETED> (A) by redesignating subdivisions (a) and
(b) as paragraphs (1) and (2), respectively, and
subdivisions (1) through (6) of paragraph (1), as
redesignated, as subparagraphs (A) through
(F);</DELETED>
<DELETED> (B) by striking ``search or inspection''
in paragraph (1)(B), as redesignated, and inserting
``search, investigation, or inspection'';</DELETED>
<DELETED> (C) by striking ``search or inspection''
in paragraph (1)(C), as redesignated, and inserting
``search, investigation, or inspection'';</DELETED>
<DELETED> (D) by striking ``or'' after the semicolon
in paragraph (1)(E), as redesignated;</DELETED>
<DELETED> (E) by striking ``section.'' in paragraph
(1)(F), as redesignated; and</DELETED>
<DELETED> (F) by adding at the end of paragraph (1),
as redesignated, the following:</DELETED>
<DELETED> ``(G) to make or submit any false record, account,
or label for, or any false identification of, any fish or fish
product which has been, or is intended to be, imported,
exported, transported, sold, offered for sale, purchased or
received in interstate or foreign commerce; or''.</DELETED>
<DELETED> (2) Administration and enforcement.--The Northern
Pacific Halibut Act of 1982 (16 U.S.C. 773 et seq.) is
amended--</DELETED>
<DELETED> (A) by striking sections 3, 9, and 10 (16
U.S.C. 773f, 773g, and 773h); and</DELETED>
<DELETED> (B) by striking subsections (b) through
(f) of section 11 (16 U.S.C. 773i) and inserting the
following:</DELETED>
<DELETED> ``(b) Administration and Enforcement.--This Act shall be
enforced under section 101 of the International Fisheries Stewardship
and Enforcement Act.''.</DELETED>
<DELETED>SEC. 103. ILLEGAL, UNREPORTED, OR UNREGULATED
FISHING.</DELETED>
<DELETED> (a) In General.--Section 608 of the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C. 1826i), as amended by
section 302(a) of this title, is further amended by adding at the end
thereof the following:</DELETED>
<DELETED> ``(c) Vessels and Vessel Owners Engaged in Illegal,
Unreported, or Unregulated Fishing.--The Secretary may--</DELETED>
<DELETED> ``(1) develop, maintain, and make public a list of
vessels and vessel owners engaged in illegal, unreported, or
unregulated fishing, including vessels or vessel owners
identified by an international fishery management organization
or arrangement made pursuant to an international fishery
agreement, whether or not the United States is a party to such
organization or arrangement; and</DELETED>
<DELETED> ``(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 and trade agreements.</DELETED>
<DELETED> ``(d) Restrictions on Port Access or Use.--Action taken by
the Secretary under subsection (c)(2) that includes measures to
restrict use of or access to ports or port services shall apply to all
ports of the United States and its territories.</DELETED>
<DELETED> ``(e) Regulations.--The Secretary may promulgate
regulations to implement subsections (c) and (d).''.</DELETED>
<DELETED> (b) Additional Measures.--</DELETED>
<DELETED> (1) Amendment of the high seas driftnet fishing
moratorium protection act.--</DELETED>
<DELETED> (A) Section 609(d)(3) of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826j) is amended--</DELETED>
<DELETED> (i) by striking ``101(a)'' in
subparagraph (A) and inserting
``101(a)(3)'';</DELETED>
<DELETED> (ii) by striking ``1826a(a),'' in
subparagraph (A) and inserting
``1826(a)(a)(3),''; and</DELETED>
<DELETED> (iii) by striking ``that has not
been certified by the Secretary under this
subsection, or'' in subparagraph
(A)(i).</DELETED>
<DELETED> (B) Section 610(c)(5) of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826k(c)(5)) is amended--</DELETED>
<DELETED> (i) by striking ``101(a)'' and
inserting ``101(a)(3)'';</DELETED>
<DELETED> (ii) by striking ``1826a(a),'' and
inserting ``1826(a)(a)(3),''; and</DELETED>
<DELETED> (iii) by striking ``that has not
been certified by the Secretary under this
subsection, or''.</DELETED>
<DELETED> (2) Amendment of the high seas driftnet fisheries
enforcement act.--</DELETED>
<DELETED> (A) Section 101 of the High Seas Driftnet
Fisheries Enforcement Act (16 U.S.C. 1826a) is
amended--</DELETED>
<DELETED> (i) redesignating paragraph (3) of
subsection (a) as paragraph (4) and inserting
after paragraph (2) the following:</DELETED>
<DELETED> ``(3) Additional authority.--The Secretary of Treasury is
authorized, in accordance with international law, to undertake actions
under paragraph (2)(A) and (B) with respect to fishing vessels engaged
in illegal, unreported, or unregulated fishing.'';</DELETED>
<DELETED> (ii) by striking ``or illegal,
unreported, or unregulated fishing'' each place
it appears in subsection (b)(1) and
(2);</DELETED>
<DELETED> (iii) by striking ``or'' after the
semicolon in subsection (b)(3)(A)(i);</DELETED>
<DELETED> (iv) by striking ``nation.'' in
subsection (b)(3)(A)(ii) and inserting
``nation; or'';</DELETED>
<DELETED> (v) by adding at the end of
subsection (b)(3)(A) the following:</DELETED>
<DELETED> ``(iii) upon receipt of notification of a negative
certification under section 609(d)(1) or 610(c)(1) of the High
Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826j(d)(1) or 1826k(c)(1)).'';</DELETED>
<DELETED> (vi) by inserting ``or after
issuing a negative certification under section
609(d)(1) or 610(c)(1) of the High Seas
Driftnet Fishing Moratorium Protection Act (16
U.S.C. 1826j(d)(1) or 1826k(c)(1),'' after
``paragraph (1),'' in subsection (b)(4)(A);
and</DELETED>
<DELETED> (vii) by striking subsection
(b)(4)(A)(i) and inserting the
following:</DELETED>
<DELETED> ``(i) any prohibition established under paragraph
(3) is insufficient to cause that nation to terminate large-
scale driftnet fishing conducted by its nationals and vessels
beyond the exclusive economic zone of any nation, illegal,
unreported, or unregulated fishing activities under section 609
of the High Seas Driftnet Fishing Moratorium Protection Act (16
U.S.C. 1826j) or bycatch of a protected living marine resource
under section 610 of such Act (16 U.S.C. 1826k);
or''.</DELETED>
<DELETED> (B) Section 102 of the High Seas Driftnet
Fisheries Enforcement Act (16 U.S.C. 1826b) is
amended--</DELETED>
<DELETED> (i) by striking ``or illegal,
unreported, or unregulated fishing'';
and</DELETED>
<DELETED> (ii) by striking ``nation.'' and
inserting ``nation, section 609 of the High
Seas Driftnet Fishing Moratorium Protection Act
(16 U.S.C. 1826j), or bycatch of a protected
living marine resource under section 610 of
such Act (16 U.S.C. 1826k).''.</DELETED>
<DELETED>TITLE II--LAW ENFORCEMENT AND INTERNATIONAL
OPERATIONS.</DELETED>
<DELETED>SEC. 201. INTERNATIONAL FISHERIES ENFORCEMENT
PROGRAM.</DELETED>
<DELETED> (a) Establishment.--</DELETED>
<DELETED> (1) In general.--Within 12 months after the date
of the enactment of this Act, the Secretary shall, subject to
the availability of appropriations, establish an International
Fisheries Enforcement Program within the Office of Law
Enforcement of the National Marine Fisheries Service.</DELETED>
<DELETED> (2) Purpose.--The Program shall be an interagency
program established and administered by the Secretary in
coordination with the heads of other departments and agencies
for the purpose of detecting and investigating illegal,
unreported, or unregulated fishing activity and enforcing the
provisions of this Act.</DELETED>
<DELETED> (3) Staff.--The Program shall be staffed with
representation from the U.S. Coast Guard, U.S. Customs and
Border Protection, U.S. Food and Drug Administration, and any
other department or agency determined by the Secretary to be
appropriate and necessary to detect and investigate illegal,
unreported, or unregulated fishing activity and enforce the
provisions of this Act.</DELETED>
<DELETED> (b) Program Actions.--</DELETED>
<DELETED> (1) Staffing and other resources.--At the request
of the Secretary, the heads of other departments and agencies
providing staff for the Program shall--</DELETED>
<DELETED> (A) by agreement, on a reimbursable basis
or otherwise, participate in staffing the
Program;</DELETED>
<DELETED> (B) by agreement, on a reimbursable basis
or otherwise, share personnel, services, equipment
(including aircraft and vessels), and facilities with
the Program; and</DELETED>
<DELETED> (C) to the extent possible, and consistent
with other applicable law, extend the enforcement
authorities provided by their enabling legislation to
the other departments and agencies participating in the
Program for the purposes of conducting joint operations
to detect and investigate illegal, unreported or
unregulated fishing activity and enforcing the
provisions of this Act.</DELETED>
<DELETED> (2) Budget.--The Secretary and the heads of other
departments and agencies providing staff for the Program, may,
at their discretion, develop interagency plans and budgets and
engage in interagency financing for such purposes.</DELETED>
<DELETED> (3) 5-year plan.--Within 180 days after the date
on which the Program is established under subsection (a), the
Secretary shall develop a 5-year strategic plan for guiding
interagency and intergovernmental international fisheries
enforcement efforts to carry out the provisions of this Act.
The Secretary shall update the plan periodically as necessary,
but at least once every 5 years.</DELETED>
<DELETED> (4) Cooperative activities.--The Secretary, in
coordination with the heads of other departments and agencies
providing staff for the Program, may--</DELETED>
<DELETED> (A) create and participate in task forces,
committees, or other working groups with other Federal,
State or local governments as well as with the
governments of other nations for the purposes of
detecting and investigating illegal, unreported, or
unregulated fishing activity and carrying out the
provisions of this Act; and</DELETED>
<DELETED> (B) enter into agreements with other
Federal, State, or local governments as well as with
the governments of other nations, on a reimbursable
basis or otherwise, for such purposes.</DELETED>
<DELETED> (c) Powers of Authorized Officers.--Notwithstanding any
other provision of law, while operating under an agreement with the
Secretary entered into under section 101 of this Act, and conducting
joint operations as part of the Program for the purposes of detecting
and investigating illegal, unreported or unregulated fishing activity
and enforcing the provisions of this Act, authorized officers shall
have the powers and authority provided in that section.</DELETED>
<DELETED> (d) Information collection, maintenance and use.--
</DELETED>
<DELETED> (1) In general.--The Secretary and the heads of
other departments and agencies providing staff for the Program
shall, to the maximum extent allowable by law, share all
applicable information, intelligence and data, related to the
harvest, transportation or trade of fish and fish product in
order to detect and investigate illegal, unreported, or
unregulated fishing activity and to carry out the provisions of
this Act.</DELETED>
<DELETED> (2) Coordination of data.--The Secretary, through
the Program, shall coordinate the collection, storage,
analysis, and dissemination of all applicable information,
intelligence, and data related to the harvest, transportation,
or trade of fish and fish product collected or maintained by
the member agencies of the Program.</DELETED>
<DELETED> (3) Confidentiality.--The Secretary, through the
Program, shall ensure the protection and confidentiality
required by law for information, intelligence, and data related
to the harvest, transportation, or trade of fish and fish
product obtained by the Program.</DELETED>
<DELETED> (4) Data standardization.--The Secretary and the
heads of other departments and agencies providing staff for the
Program shall, to the maximum extent practicable, develop data
standardization for fisheries related data for Program agencies
and with international fisheries enforcement databases as
appropriate.</DELETED>
<DELETED> (5) Assistance from intelligence community.--Upon
request of the Secretary, elements of the intelligence
community (as defined in section 3(4) of the National Security
Act of 1947 (50 U.S.C. 401a(4))) shall collect information
related to illegal, unreported, or unregulated fishing activity
outside the United States about individuals who are not United
States persons (as defined in section 105A(c)(2) of such Act
(50 U.S.C. 403-5a(c)(2))). Such elements of the intelligence
community shall collect and share such information with the
Secretary through the Program for law enforcement purposes in
order to detect and investigate illegal, unreported, or
unregulated fishing activities and to carry out the provisions
of this Act. All collection and sharing of information shall be
in accordance with the National Security Act of 1947 (50 U.S.C.
401 et seq.).</DELETED>
<DELETED> (6) Information sharing.--The Secretary, through
the Program, shall have authority to share fisheries-related
data with other Federal, State, and foreign governments as well
as international organizations or arrangements, including
international fishery management organizations, if--</DELETED>
<DELETED> (A) such governments, organizations, or
arrangements have policies and procedures to safeguard
such information from unintended or unauthorized
disclosure; and</DELETED>
<DELETED> (B) the exchange of information is
necessary--</DELETED>
<DELETED> (i) to ensure compliance with any
law or regulation enforced or administered by
the Secretary;</DELETED>
<DELETED> (ii) to administer or enforce
treaties to which the United States is a
party;</DELETED>
<DELETED> (iii) to administer or enforce
binding conservation measures adopted by any
international organization or arrangement to
which the United States is a party;</DELETED>
<DELETED> (iv) to assist in investigative,
judicial, or administrative enforcement
proceedings in the United States; or</DELETED>
<DELETED> (v) to assist in any fisheries or
living marine resource related law enforcement
action undertaken by a law enforcement agency
of a foreign government, or in relation to a
legal proceeding undertaken by a foreign
government.</DELETED>
<DELETED> (e) Authorization of Appropriations.--There are authorized
to be appropriated $30,000,000 to the Secretary for each of fiscal
years 2010 through 2015 to carry out this section.</DELETED>
<DELETED>SEC. 202. INTERNATIONAL COOPERATION AND ASSISTANCE
PROGRAM.</DELETED>
<DELETED> (a) International Cooperation and Assistance Program.--The
Secretary may establish an international cooperation and assistance
program, including grants, to provide assistance for international
capacity building efforts.</DELETED>
<DELETED> (b) Authorized Activities.--In carrying out the program,
the Secretary may--</DELETED>
<DELETED> (1) provide funding and technical expertise to
other nations to assist them in addressing illegal, unreported,
or unregulated fishing activities;</DELETED>
<DELETED> (2) provide funding and technical expertise to
other nations to assist them in reducing the bycatch of living
marine resources or promoting international marine resource
conservation;</DELETED>
<DELETED> (3) provide funding, technical expertise, and
training, in cooperation with the International Fisheries
Enforcement Program under section 201 of this Act, to other
nations to aid them in building capacity for enhanced fisheries
management, fisheries monitoring, catch and trade tracking
activities, enforcement, and international marine resource
conservation;</DELETED>
<DELETED> (4) establish partnerships with other Federal
agencies, as appropriate, to ensure that fisheries development
assistance to other nations is directed toward projects that
promote sustainable fisheries management; and</DELETED>
<DELETED> (5) conduct outreach and education efforts in
order to promote public and private sector awareness of
international fisheries sustainability issues, including the
need to combat illegal, unreported, or unregulated fishing
activity and to promote international marine resource
conservation.</DELETED>
<DELETED> (c) Guidelines.--The Secretary may establish guidelines
necessary to implement the program.</DELETED>
<DELETED> (d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary $5,000,000 for each of fiscal years
2010 through 2015 to carry out this section.</DELETED>
<DELETED>TITLE III--MISCELLANEOUS AMENDMENTS</DELETED>
<DELETED>SEC. 301. ATLANTIC TUNAS CONVENTION ACT OF 1975.</DELETED>
<DELETED> (a) Elimination of Annual Report.--Section 11 of the
Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971j) is
repealed.</DELETED>
<DELETED> (b) Certain Regulations.--Section 971d(c)(2) of the
Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971d(c)(2)) is
amended--</DELETED>
<DELETED> (1) by inserting ``(A)'' after ``(2)'';</DELETED>
<DELETED> (2) by striking ``(A) submission'' and inserting
``the presentation'';</DELETED>
<DELETED> (3) by striking ``arguments, and (B) oral
presentation at a public hearing. Such'' and inserting
``written or oral statements at a public hearing. After
consideration of such presentations, the ''; and</DELETED>
<DELETED> (4) by adding at the end thereof the
following:</DELETED>
<DELETED> ``(B) The Secretary may issue final regulations to
implement Commission recommendations referred to in paragraph (1) of
this subsection concerning trade restrictive measures against nations
or fishing entities without regard to the requirements of subparagraph
(A) of this paragraph and subsections (b) and (c) of section 553 of
title 5, United States Code.''.</DELETED>
<DELETED>SEC. 302. DATA SHARING.</DELETED>
<DELETED> (a) High Seas Driftnet Fishing Moratorium Protection
Act.--Section 608 of the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826i) is amended--</DELETED>
<DELETED> (1) by inserting ``(a) In General.--'' before
``The Secretary,'';</DELETED>
<DELETED> (2) by striking ``organizations'' the first place
it appears and inserting, ``organizations, or arrangements made
pursuant to an international fishery agreement (as defined in
section 3(24) of the Magnuson-Stevens Fishery Conservation and
Management Act),''; and</DELETED>
<DELETED> (3) by adding at the end thereof the
following:</DELETED>
<DELETED> ``(b) Information Sharing.--In carrying out this section,
the Secretary may disclose, as necessary and appropriate, information
to the Food and Agriculture Organization of the United Nations,
international fishery management organizations (as so defined), or
arrangements made pursuant to an international fishery agreement, if
such organizations or arrangements have policies and procedures to
safeguard such information from unintended or unauthorized
disclosure.''.</DELETED>
<DELETED> (b) Conforming Amendment.--Section 402(b)(1) of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1881a(b)(1)) is amended--</DELETED>
<DELETED> (1) by striking ``or'' after the semicolon in
subparagraph (G);</DELETED>
<DELETED> (2) by redesignating subparagraph (H) as
subparagraph (I); and</DELETED>
<DELETED> (3) by inserting after subparagraph (G) the
following:</DELETED>
<DELETED> ``(H) to the Food and Agriculture Organization of
the United Nations, international fishery management
organizations, or arrangements made pursuant to an
international fishery agreement as provided for in the High
Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826i(b)); or''.</DELETED>
<DELETED>SEC. 303. PERMITS UNDER THE HIGH SEAS FISHING COMPLIANCE ACT
OF 1995.</DELETED>
<DELETED> Section 104(f) of the High Seas Fishing Compliance Act (16
U.S.C. 5503(f)) is amended to read as follows:</DELETED>
<DELETED> ``(f) Validity.--A permit issued under this section is
void if--</DELETED>
<DELETED> ``(1) 1 or more permits or authorizations required
for a vessel to fish, in addition to a permit issued under this
section, expire, are revoked, or are suspended; or</DELETED>
<DELETED> ``(2) the vessel is no longer eligible for United
States documentation, such documentation is revoked or denied,
or the vessel is deleted from such documentation.''.</DELETED>
<DELETED>SEC. 304. TECHNICAL CORRECTIONS TO THE WESTERN AND CENTRAL
PACIFIC FISHERIES CONVENTION IMPLEMENTATION
ACT.</DELETED>
<DELETED> Section 503 of the Western and Central Pacific Fisheries
Convention Implementation Act (16 U.S.C. 6902) is amended--</DELETED>
<DELETED> (1) by striking ``the chairman or'' in subsection
(a);</DELETED>
<DELETED> (2) by inserting `` and one of whom shall be a
member of'' after ``Management Council'' in subsection (a);
and</DELETED>
<DELETED> (3) redesignating subsection (f) as subsection
(e).</DELETED>
<DELETED>SEC. 305. TECHNICAL CORRECTION TO THE PACIFIC WHITING ACT OF
2006.</DELETED>
<DELETED> Section 605(a)(1) of the Pacific Whiting Act of 2006 (16
U.S.C. 7004(a)(1)) is amended by striking ``at least 6 but not more
than 12'' inserting ``no more than 2''.</DELETED>
<DELETED>SEC. 306. REGULATIONS UNDER THE ANTARCTIC MARINE LIVING
RESOURCES CONVENTION ACT OF 1984.</DELETED>
<DELETED> Section 307 of the Antarctic Marine Living Resources
Convention Act of 1984 (16 U.S.C. 2436)) is amended by inserting after
``title.'' the following: ``Notwithstanding section 553(b), (c), and
(d) of title 5, United States Code, the Secretary of Commerce may
publish in the Federal Register a final rule to implement conservation
measures, described in section 305(a) of this title, that are in effect
for 12 months or less, adopted by the Commission, and not objected to
by the United States within the time period allotted under Article IX
of the Convention. Upon publication in the Federal Register, such
conservation measures shall be in force with respect to the United
States.''.-</DELETED>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``International
Fisheries Stewardship and Enforcement Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--ADMINISTRATION AND ENFORCEMENT OF CERTAIN FISHERY AND RELATED
STATUTES
Sec. 101. Authority of the Secretary to enforce statutes.
Sec. 102. Conforming, minor, and technical amendments.
Sec. 103. Illegal, unreported, or unregulated fishing.
TITLE II--LAW ENFORCEMENT AND INTERNATIONAL OPERATIONS
Sec. 201. International fisheries enforcement program.
Sec. 202. International cooperation and assistance program.
TITLE III--MISCELLANEOUS AMENDMENTS
Sec. 301. Atlantic Tunas Convention Act of 1975.
Sec. 302. Data Sharing.
Sec. 303. Permits under the High Seas Fishing Compliance Act of 1995.
Sec. 304. Technical corrections to the Western and Central Pacific
Fisheries Convention Implementation Act.
Sec. 305. Pacific Whiting Act of 2006.
Sec. 306. Committee on Scientific Cooperation for Pacific Salmon
Agreement.
Sec. 307. Reauthorizations.
TITLE IV--IMPLEMENTATION OF ANTIGUA CONVENTION
Sec. 401. Short title.
Sec. 402. Amendment of the Tuna Conventions Act of 1950.
Sec. 403. Definitions.
Sec. 404. Commissioners; number, appointment, and qualifications.
Sec. 405. General advisory committee and scientific advisory
subcommittee.
Sec. 406. Rulemaking.
Sec. 407. Prohibited acts.
Sec. 408. Enforcement.
Sec. 409. Reduction of bycatch.
Sec. 410. Repeal of Eastern Pacific Tuna Licensing Act of 1984.
TITLE I--ADMINISTRATION AND ENFORCEMENT OF CERTAIN FISHERY AND RELATED
STATUTES.
SEC. 101. AUTHORITY OF THE SECRETARY TO ENFORCE STATUTES.
(a) In General.--
(1) Enforcement of statutes.--The Secretary of Commerce and
the Secretary of the department in which the Coast Guard is
operating shall enforce the statutes to which this section
applies in accordance with the provisions of this section.
(2) Utilization of nondepartmental resources.--The
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, including all elements of the Department of Defense,
and of any State agency, in carrying out this section.
(3) Statutes to which applicable.--This section applies
to--
(A) the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826d et seq.);
(B) the Pacific Salmon Treaty Act of 1985 (16
U.S.C. 3631 et seq.);
(C) the Dolphin Protection Consumer Information Act
(16 U.S.C. 1385);
(D) the Tuna Conventions Act of 1950 (16 U.S.C. 951
et seq.);
(E) the North Pacific Anadromous Stocks Act of 1992
(16 U.S.C. 5001 et seq.);
(F) the South Pacific Tuna Act of 1988 (16 U.S.C.
973 et seq.);
(G) the Antarctic Marine Living Resources
Convention Act of 1984 (16 U.S.C. 2431 et seq.);
(H) the Atlantic Tunas Convention Act of 1975 (16
U.S.C. 971 et seq.);
(I) the Northwest Atlantic Fisheries Convention Act
of 1995 (16 U.S.C. 5601 et seq.);
(J) the Western and Central Pacific Fisheries
Convention Implementation Act (16 U.S.C. 6901 et seq.);
(K) the Northern Pacific Halibut Act of 1982 (16
U.S.C. 773 et seq.);
(L) any other Act in pari materia, so designated by
the Secretary after notice and an opportunity for a
hearing; and
(M) the Antigua Convention Implementing Act of
2008.
(b) Administration and Enforcement.--The Secretary shall prevent
any person from violating 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 307 through 311 of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1857 through 1861)
were incorporated into and made a part of each such Act. Except as
provided in subsection (c), any person that violates any Act to which
this section applies is subject to the penalties, and entitled to the
privileges and immunities, provided in the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.) in the same
manner and by the same means as though sections 307 through 311 of that
Act were incorporated into and made a part of each such Act.
(c) Special Rules.--
(1) In general.--Notwithstanding the incorporation by
reference of certain sections of the Magnuson-Stevens Fishery
Conservation and Management Act under subsection (b), if there
is a conflict between a provision of this subsection and the
corresponding provision of any section of the Magnuson-Stevens
Fishery Conservation and Management Act so incorporated, the
provision of this subsection shall apply.
(2) Civil administrative enforcement.--The amount of the
civil penalty for a violation of any Act to which this section
applies shall not exceed $250,000 for each violation. Each day
of a continuing violation shall constitute a separate
violation.
(3) Civil judicial enforcement.--The Attorney General, upon
the request of the Secretary, may commence a civil action in an
appropriate district court of the United States to enforce this
Act and any Act to which this section applies, and such court
shall have jurisdiction to award civil penalties or such other
relief as justice may require, including a permanent or
temporary injunction. The amount of the civil penalty for a
violation of any Act to which this section applies shall not
exceed $250,000 for each violation. Each day of a continuing
violation shall constitute a separate violation. In determining
the amount of a civil penalty, the court shall take into
account the nature, circumstances, extent, and gravity of the
prohibited acts committed and, with respect to the violator,
the degree of culpability, any history of prior violations and
such other matters as justice may require. In imposing such
penalty, the district court may also consider information
related to the ability of the violator to pay.
(4) Criminal fines and penalties.--
(A) Individuals.--In the case of an individual, any
offense described in subsection (e) (2), (3), (4), (5),
or (6) is punishable by a fine of not more than
$500,000, imprisonment for not more than 5 years, or
both. If, in the commission of such offense, an
individual uses a dangerous weapon, engages in conduct
that causes bodily injury to any officer authorized to
enforce the provisions of this Act, or places any such
officer in fear of imminent bodily injury the maximum
term of imprisonment is 10 years.
(B) Other persons.--In the case of any other
person, any offense described in subsection (e) (2),
(3), (4), (5), or (6) is punishable by a fine of not
more than $1,000,000.
(5) Other criminal violations.--Any person (other than a
foreign government or any entity of such government) who
knowingly violates any provision of subsection (e) of this
section, or any provision of any regulation promulgated
pursuant to this Act, is guilty of a criminal offense
punishable--
(A) in the case of an individual, by a fine of not
more than $500,000, imprisonment for not more than 5
years, or both; and
(B) in the case of any other person, by a fine of
not more than $1,000,000.
(6) Criminal forfeitures.--
(A) In general.--A person found guilty of an
offense described in subsection (e), or who is
convicted of a criminal violation of any Act to which
this section applies, shall forfeit to the United
States--
(i) any property, real or personal,
constituting or traceable to the gross proceeds
obtained, or retained, as a result of the
offense including any marine species (or the
fair market value thereof) taken or retained in
connection with or as a result of the offense;
and
(ii) any property, real or personal, used
or intended to be used to commit or to
facilitate the commission of the offense,
including any shoreside facility, including its
conveyances, structure, equipment, furniture,
appurtenances, stores, and cargo.
(B) Procedure.--Pursuant to section 2461(c) of
title 28, United States Code, the provisions of section
413 of the Controlled Substances Act (21 U.S.C. 853),
other than subsection (d) thereof, shall apply to
criminal forfeitures under this section.
(7) Additional enforcement authority.--In addition to the
powers of officers authorized pursuant to subsection (b), any
officer who is authorized by the Secretary, or the head of any
Federal or State agency that has entered into an agreement with
the Secretary under subsection (a) to enforce 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-Stevens 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 conveyance
used or employed in, or which reasonably appears to be
used or employed in, the storage, processing,
transport, or trade of fish or fish products;
(B) inspect records pertaining to the storage,
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, 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; and
(D) make an arrest, in accordance with any
guidelines which may be issued by the Attorney 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 person has reasonable grounds to believe
that the person to be arrested has committed or is
committing a felony; may search and seize, in
accordance with any guidelines which may be issued by
the Attorney General and may execute and serve any
subpoena, arrest warrant, search warrant issued in
accordance 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.
(8) Subpoenas.--In addition to any subpoena authority
pursuant to subsection (b), the Secretary may, for the purposes
of conducting any investigation under this section, or any
other statute administered by the Secretary, issue subpoenas
for the production of relevant papers, photographs, records,
books, and documents in any form, including those in
electronic, electrical, or magnetic form.
(d) District Court Jurisdiction.--The several district courts of
the United States shall have jurisdiction over any actions arising
under this section. For the purpose of this section, American Samoa
shall be included within the judicial district of the District Court of
the United States for the District of Hawaii. Each violation shall be a
separate offense and the offense shall be deemed to have been committed
not only in the district where the violation first occurred, but also
in any other district as authorized by law. Any offenses not committed
in any district are subject to the venue provisions of section 3238 of
title 18, United States Code.
(e) Prohibited Acts.--It is unlawful for any person--
(1) to violate any provision of this section or any Act to
which this section applies or any regulation promulgated
thereunder;
(2) to refuse to permit any authorized enforcement officer
to board, search, or inspect a fishing vessel, conveyance, or
shoreside facility that is subject to the person's control for
purposes of conducting any search, investigation, or inspection
in connection with the enforcement of this section or any Act
to which this section applies or any regulation promulgated
thereunder;
(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 paragraph (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;
(6) to forcibly assault, resist, oppose, impede,
intimidate, sexually harass, bribe, or interfere with any
observer on a vessel under this Act, or any data collector
employed by or under contract to the National Marine Fisheries
Service to carry out responsibilities under this section or any
Act to which this section applies;
(7) to import, export, transport, sell, receive, acquire,
or purchase in interstate or foreign commerce any fish or fish
product taken, possessed, transported, or sold in violation of
any treaty or any binding conservation measure adopted by an
international agreement or organization to which the United
States is a party; or
(8) to make or submit any false record, account, or label
for, or any false identification of, any fish or fish product
(including false identification of the harvesting nation or the
ocean where harvested) which has been, or is intended to be
imported, exported, transported, sold, offered for sale,
purchased, or received in interstate or foreign commerce.
(f) Regulations.--The Secretary may promulgate such regulations, in
accordance with section 553 of title 5, United States Code, as may be
necessary to carry out this section or any Act to which this section
applies.
SEC. 102. CONFORMING, MINOR, AND TECHNICAL AMENDMENTS.
(a) High Seas Driftnet Fishing Moratorium Protection Act.--
(1) Section 606 of the High Seas Driftnet Fishing
Moratorium Protection Act (16 U.S.C. 1826g) is amended--
(A) by inserting ``(a) Detecting, Monitoring, and
Preventing Violations.--'' before ``The President'';
and
(B) by adding at the end thereof the following:
``(b) Enforcement.--This Act shall be enforced under section 101 of
the International Fisheries Stewardship and Enforcement Act.''.
(2) Section 609(a) of the High Seas Driftnet Fishing
Moratorium Protection Act (16 U.S.C. 1826j(a)) is amended by
striking ``2 years,'' and inserting ``3 years,''.
(3) Section 610(a)(1) of the High Seas Driftnet Fishing
Moratorium Protection Act (16 U.S.C. 1826k(a)(1)) is amended by
striking ``calendar year'' and inserting ``3 years''.
(b) Dolphin Protection Consumer Information Act.--The Dolphin
Protection Consumer Information Act (16 U.S.C. 1385) is amended--
(1) by adding at the end of subsection (d) the following:
``(4) An act that is considered to be a violation of section 5 of
the Federal Trade Commission Act under paragraph (1) is deemed also to
be a violation of section 609 of the High Seas Driftnet Fishing
Moratorium Protection Act (16 U.S.C. 1826j).
``(5) It is a violation of section 101 of the International
Fisheries Stewardship and Enforcement Act for any person to assault,
resist, oppose, impede, intimidate, or interfere with and authorized
officer in the conduct of any search, investigation or inspection under
this Act.''; and
(2) by striking subsection (e) and inserting the following:
``(e) Enforcement.--This Act shall be enforced under section 101 of
the International Fisheries Stewardship and Enforcement Act.''.
(c) Northern Pacific Anadromous Stocks Act of 1992.--
(1) Unlawful activities.--Section 810 of the Northern
Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 5009) is
amended--
(A) by striking ``purchases'' in paragraph (5) and
inserting ``purposes'';
(B) by striking ``search or inspection'' in
paragraph (5) and inserting ``search, investigation, or
inspection'';
(C) by striking ``search or inspection'' in
paragraph (6) and inserting ``search, investigation, or
inspection'';
(D) by striking ``or'' after the semicolon in
paragraph (8);
(E) by striking ``title.'' in paragraph (9) and
inserting ``title; or''; and
(F) by adding at the end thereof the following:
``(10) for any person to make or submit any false record,
account, or label for, or any false identification of, any fish
or fish product (including false identification of the
harvesting nation or the ocean where harvested) which has been,
or is intended to be imported, exported, transported, sold,
offered for sale, purchased, or received in interstate or
foreign commerce.''.
(2) Administration 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. ADMINISTRATION AND ENFORCEMENT.
``This Act shall be enforced under section 101 of the International
Fisheries Stewardship and Enforcement Act.''.
(d) Pacific Salmon Treaty Act of 1985.--Section 8 of the Pacific
Salmon Treaty Act of 1985 (16 U.S.C. 3637) is amended--
(1) by striking ``search or inspection'' in subsection
(a)(2) and inserting ``search, investigation, or inspection'';
(2) by striking ``search or inspection'' in subsection
(a)(3) and inserting ``search, investigation, or inspection'';
(3) by striking ``or'' after the semicolon in subsection
(a)(5);
(4) by striking ``section.'' in subsection (a)(6) and
inserting ``section; or'';
(5) by adding at the end of subsection (a) the following:
``(7) for any person to make or submit any false record,
account, or label for, or any false identification of, any fish
or fish product (including false identification of the
harvesting nation or the ocean where harvested) which has been,
or is intended to be imported, exported, transported, sold,
offered for sale, purchased, or received in interstate or
foreign commerce.''; and
(6) by striking subsections (b) through (f) and inserting
the following:
``(b) Administration and Enforcement.--This Act shall be enforced
under section 101 of the International Fisheries Stewardship and
Enforcement Act.''.
(e) South Pacific Tuna Act of 1988.--
(1) Prohibited acts.--Section 5(a) of the South Pacific
Tuna Act of 1988 (16 U.S.C. 973c(a)) is amended--
(A) by striking ``search or inspection'' in
paragraph (8) and inserting ``search, investigation, or
inspection'';
(B) by striking ``search or inspection'' in
paragraph (10)(A) and inserting ``search,
investigation, or inspection'';
(C) by striking ``or'' after the semicolon in
paragraph (12);
(D) by striking ``retained.'' in paragraph (13) and
inserting ``retained; or''; and
(E) by adding at the end thereof the following:
``(14) for any person to make or submit any false record,
account, or label for, or any false identification of, any fish
or fish product (including false identification of the
harvesting nation or the ocean where harvested) which has been,
or is intended to be imported, exported, transported, sold,
offered for sale, purchased, or received in interstate or
foreign commerce.''.
(2) Administration and enforcement.--The South Pacific Tuna
Act of 1988 (16 U.S.C. 973 et seq.) is amended by striking
sections 7 and 8 (16 U.S.C. 973e and 973f) and inserting the
following:
``SEC. 7. ADMINISTRATION AND ENFORCEMENT.
``This Act shall be enforced under section 101 of the International
Fisheries Stewardship and Enforcement Act.''.
(f) Antarctic Marine Living Resources Convention Act of 1984.--
(1) Unlawful activities.--Section 306 of the Antarctic
Marine Living Resources Convention Act of 1984 (16 U.S.C. 2435)
is amended--
(A) by striking ``which he knows, or reasonably
should have known, was'' in paragraph (3);
(B) by striking ``search or inspection'' in
paragraph (4) and inserting ``search, investigation, or
inspection'';
(C) by striking ``search or inspection'' in
paragraph (5) and inserting ``search, investigation, or
inspection'';
(D) by striking ``or'' after the semicolon in
paragraph (6);
(E) by striking ``section.'' in paragraph (7) and
inserting ``section; or''; and
(F) by adding at the end thereof the following:
``(8) to make or submit any false record, account, or label
for, or any false identification of, any fish or fish product
(including false identification of the harvesting nation or the
ocean where harvested) which has been, or is intended to be
imported, exported, transported, sold, offered for sale,
purchased, or received in interstate or foreign commerce.''.
(2) Regulations.--Section 307 of the Antarctic Marine
Living Resources Convention Act of 1984 (16 U.S.C. 2436) is
amended by inserting after ``title.'' the following:
``Notwithstanding the provisions of 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 rule to implement conservation measures, described in
section 305(a) of this Act, that are in effect for 12 months or
less, adopted by the Commission, and not objected to by the
United States within the time period allotted under Article IX
of the Convention. Upon publication in the Federal Register,
such conservation measures shall be in force with respect to
the United States.''.
(3) Penalties and Enforcement.--The Antarctic Marine Living
Resources Convention Act of 1984 (16 U.S.C. 2431 et seq.) is
amended--
(A) by striking sections 308 and 309 (16 U.S.C.
2437 and 2438);
(B) by striking subsection (b), (c), and (d) of
section 310 (16 U.S.C. 2439) and redesignating
subsection (e) as subsection (c); and
(C) by inserting after subsection (a) the
following:
``(b) Administration and Enforcement.--This title shall be enforced
under section 101 of the International Fisheries Stewardship and
Enforcement Act.''.
(g) Atlantic Tunas Convention Act of 1975.--
(1) Violations.--Section 7 of the Atlantic Tunas Convention
Act of 1975 (16 U.S.C. 971e) is amended--
(A) by striking subsections (e) and (f) and
redesignating subsection (g) as subsection (f); and
(B) by inserting after subsection (d) the
following:
``(e) Mislabeling.--It shall be unlawful for any person to make or
submit any false record, account, or label for, or any false
identification of, any fish or fish product which has been, or is
intended to be, imported, exported, transported, sold, offered for
sale, purchased or received in interstate or foreign commerce.''.
(2) Enforcement.--Section 8 of the Atlantic Tunas
Convention Act of 1975 (16 U.S.C. 971f) is amended--
(A) by striking subsections (a) and (c);
(B) by striking ``(b) International Enforcement.--
'' in subsection (b) and inserting ``This Act shall be
enforced under section 101 of the International
Fisheries Stewardship and Enforcement Act.''; and
(C) by striking ``shall have the authority to carry
out the enforcement activities specified in section
8(a) of this Act'' each place it appears and inserting
``shall enforce this Act''.
(h) 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) by striking ``AND PENALTIES.'' in the section caption
and inserting ``AND ENFORCEMENT.'';
(2) by striking ``search or inspection'' in subsection
(a)(2) and inserting ``search, investigation, or inspection'';
(3) by striking ``search or inspection'' in subsection
(a)(3) and inserting ``search, investigation, or inspection'';
(4) by striking ``or'' after the semicolon in subsection
(a)(5);
(5) by striking ``section.'' in subsection (a)(6) and
inserting ``section ; or'';
(6) by adding at the end of subsection (a) the following:
``(7) to make or submit any false record, account, or label
for, or any false identification of, any fish or fish product
(including false identification of the harvesting nation or the
ocean where harvested) which has been, or is intended to be
imported, exported, transported, sold, offered for sale,
purchased, or received in interstate or foreign commerce.'';
and
(7) by striking subsection (b) through (f) and inserting
the following:
``(b) Administration and Enforcement.--This title shall be enforced
under section 101 of the International Fisheries Stewardship and
Enforcement Act.''.
(i) Western and Central Pacific Fisheries Convention Implementation
Act.--
(1) Adminstration and enforcement.--Section 506(c) of the
Western and Central Pacific Fisheries Convention Implementation
Act (16 U.S.C. 6905(c)) is amended to read as follows:
``(c) Administration and Enforcement.--This title shall be enforced
under section 101 of the International Fisheries Stewardship and
Enforcement Act.''.
(2) Prohibited acts.--Section 507(a) of the Western and
Central Pacific Fisheries Convention Implementation Act (16
U.S.C. 6906(a)) is amended--
(A) by striking ``suspension, on'' in paragraph (2)
and inserting ``suspension of'';
(B) by striking ``title.'' in paragraph (14) and
inserting ``title; or''; and
(C) by adding at the end thereof the following:
``(15) to make or submit any false record, account, or
label for, or any false identification of, any fish or fish
product (including false identification of the harvesting
nation or the ocean where harvested) which has been, or is
intended to be imported, exported, transported, sold, offered
for sale, purchased, or received in interstate or foreign
commerce.''.
(j) Northern Pacific Halibut Act of 1982.--
(1) Prohibited acts.--Section 7 of the Northern Pacific
Halibut Act of 1982 (16 U.S.C. 773e) is amended--
(A) by redesignating subdivisions (a) and (b) as
paragraphs (1) and (2), respectively, and subdivisions
(1) through (6) of paragraph (1), as redesignated, as
subparagraphs (A) through (F);
(B) by striking ``search or inspection'' in
paragraph (1)(B), as redesignated, and inserting
``search, investigation, or inspection'';
(C) by striking ``search or inspection'' in
paragraph (1)(C), as redesignated, and inserting
``search, investigation, or inspection'';
(D) by striking ``or'' after the semicolon in
paragraph (1)(E), as redesignated;
(E) by striking ``section.'' in paragraph (1)(F),
as redesignated, and inserting ``section;''; and
(F) by adding at the end of paragraph (1), as
redesignated, the following:
``(G) to make or submit any false record, account,
or label for, or any false identification of, any fish
or fish product (including false identification of the
harvesting nation or the ocean where harvested) which
has been, or is intended to be imported, exported,
transported, sold, offered for sale, purchased, or
received in interstate or foreign commerce.''.
(2) Administration and enforcement.--The Northern Pacific
Halibut Act of 1982 (16 U.S.C. 773 et seq.) is amended--
(A) by striking sections 3, 9, and 10 (16 U.S.C.
773f, 773g, and 773h); and
(B) by striking subsections (b) through (f) of
section 11 (16 U.S.C. 773i) and inserting the
following:
``(b) Administration and Enforcement.--This Act shall be enforced
under section 101 of the International Fisheries Stewardship and
Enforcement Act.''.
SEC. 103. ILLEGAL, UNREPORTED, OR UNREGULATED FISHING.
(a) In General.--Section 608 of the High Seas Driftnet Fishing
Moratorium Protection Act (16 U.S.C. 1826i), as amended by section
302(a) of this title, is further amended by adding at the end thereof
the following:
``(c) Vessels and Vessel Owners Engaged in Illegal, Unreported, or
Unregulated Fishing.--The Secretary may--
``(1) develop, maintain, and make public a list of vessels
and vessel owners engaged in illegal, unreported, or
unregulated fishing, including vessels or vessel owners
identified by an international fishery management organization
or arrangement made pursuant to an international fishery
agreement, whether or not the United States is a party to such
organization or arrangement;
``(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 and trade
agreements; and
``(3) provide notification to the public of vessels and
vessel owners identified by international fishery management
organizations or arrangements made pursuant to an international
fishery agreement as having been engaged in illegal,
unreported, or unregulated fishing, as well as any measures
adopted by such organizations or arrangements to address
illegal, unreported, or unregulated fishing.
``(d) Restrictions on Port Access or Use.--Action taken by the
Secretary under subsection (c)(2) that includes measures to restrict
use of or access to ports or port services shall apply to all ports of
the United States and its territories.
``(e) Regulations.--The Secretary may promulgate regulations to
implement subsections (c) and (d).''.
(b) Additional Measures.--
(1) Amendment of the high seas driftnet fishing moratorium
protection act.--
(A) Section 609(d)(3) of the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C.
1826j(d)(3)) is amended--
(i) by striking ``101(a)'' in subparagraph
(A) and inserting ``101(a)(3)'';
(ii) by striking ``1826a(a),'' in
subparagraph (A) and inserting
``1826a(a)(3),''; and
(iii) by striking ``that has not been
certified by the Secretary under this
subsection, or'' in subparagraph (A)(i).
(B) Section 610(c)(5) of the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C.
1826k(c)(5)) is amended--
(i) by striking ``101(a)'' and inserting
``101(a)(3)'';
(ii) by striking ``1826a(a),'' and
inserting ``1826(a)(a)(3),''; and
(iii) by striking ``that has not been
certified by the Secretary under this
subsection, or''.
(2) Amendment of the high seas driftnet fisheries
enforcement act.--
(A) Section 101 of the High Seas Driftnet Fisheries
Enforcement Act (16 U.S.C. 1826a) is amended--
(i) redesignating paragraph (3) of
subsection (a) as paragraph (4) and inserting
after paragraph (2) the following:
``(3) Additional authority.--The Secretary of Treasury is
authorized, in accordance with international law, to undertake actions
under paragraph (2)(A) and (B) with respect to fishing vessels engaged
in illegal, unreported, or unregulated fishing.'';
(ii) by striking ``or illegal, unreported,
or unregulated fishing'' each place it appears
in subsection (b)(1) and (2);
(iii) by striking ``or'' after the
semicolon in subsection (b)(3)(A)(i);
(iv) by striking ``nation.'' in subsection
(b)(3)(A)(ii) and inserting ``nation; or'';
(v) by adding at the end of subsection
(b)(3)(A) the following:
``(iii) upon receipt of notification of a negative
certification under section 609(d)(1) or 610(c)(1) of the High
Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826j(d)(1) or 1826k(c)(1)).'';
(vi) by inserting ``or after issuing a
negative certification under section 609(d)(1)
or 610(c)(1) of the High Seas Driftnet Fishing
Moratorium Protection Act (16 U.S.C.
1826j(d)(1) or 1826k(c)(1),'' after ``paragraph
(1),'' in subsection (b)(4)(A); and
(vii) by striking subsection (b)(4)(A)(i)
and inserting the following:
``(i) any prohibition established under paragraph (3) is
insufficient to cause that nation--
``(I) to terminate large-scale driftnet fishing
conducted by its nationals and vessels beyond the
exclusive economic zone of any nation;
``(II) to address illegal, unreported, or
unregulated fishing activities for which a nation has
been identified under section 609 of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826j); or
``(III) to address bycatch of a protected living
marine resource for which a nation has been identified
under section 610 of such Act (16 U.S.C. 1826k); or''.
(B) Section 102 of the High Seas Driftnet Fisheries
Enforcement Act (16 U.S.C. 1826b) is amended by
striking ``such nation has terminated large-scale
driftnet fishing or illegal, unreported, or unregulated
fishing by its nationals and vessels beyond the
exclusive economic zone of any nation.'' and inserting
``such nation has--
``(1) terminated large-scale driftnet fishing by its
nationals and vessels beyond the exclusive economic zone of any
nation;
``(2) addressed illegal, unreported, or unregulated fishing
activities for which a nation has been identified under section
609 of the High Seas Driftnet Fishing Moratorium Protection Act
(16 U.S.C. 1826j); or
``(3) addressed bycatch of a protected living marine
resource for which a nation has been identified under section
610 of that Act (16 U.S.C. 1826k).''.
TITLE II--LAW ENFORCEMENT AND INTERNATIONAL OPERATIONS.
SEC. 201. INTERNATIONAL FISHERIES ENFORCEMENT PROGRAM.
(a) Establishment.--
(1) In general.--Within 12 months after the date of the
enactment of this Act, the Secretary shall, subject to the
availability of appropriations, establish an International
Fisheries Enforcement Program within the Office of Law
Enforcement of the National Marine Fisheries Service.
(2) Purpose.--The Program shall be an interagency program
established and administered by the Secretary in coordination
with the heads of other departments and agencies for the
purpose of detecting and investigating illegal, unreported, or
unregulated fishing activity and enforcing the provisions of
this Act.
(3) Staff.--The Program shall be staffed with
representation from the U.S. Coast Guard, U.S. Customs and
Border Protection, U.S. Food and Drug Administration, and any
other department or agency determined by the Secretary to be
appropriate and necessary to detect and investigate illegal,
unreported, or unregulated fishing activity and enforce the
provisions of this Act.
(b) Program Actions.--
(1) Staffing and other resources.--At the request of the
Secretary, the heads of other departments and agencies
providing staff for the Program shall--
(A) by agreement, on a reimbursable basis or
otherwise, participate in staffing the Program;
(B) by agreement, on a reimbursable basis or
otherwise, share personnel, services, equipment
(including aircraft and vessels), and facilities with
the Program; and
(C) to the extent possible, and consistent with
other applicable law, extend the enforcement
authorities provided by their enabling legislation to
the other departments and agencies participating in the
Program for the purposes of conducting joint operations
to detect and investigate illegal, unreported or
unregulated fishing activity and enforcing the
provisions of this Act.
(2) Budget.--The Secretary and the heads of other
departments and agencies providing staff for the Program, may,
at their discretion, develop interagency plans and budgets and
engage in interagency financing for such purposes.
(3) 5-year plan.--Within 180 days after the date on which
the Program is established under subsection (a), the Secretary
shall develop a 5-year strategic plan for guiding interagency
and intergovernmental international fisheries enforcement
efforts to carry out the provisions of this Act. The Secretary
shall update the plan periodically as necessary, but at least
once every 5 years.
(4) Cooperative activities.--The Secretary, in coordination
with the heads of other departments and agencies providing
staff for the Program, may--
(A) create and participate in task forces,
committees, or other working groups with other Federal,
State or local governments as well as with the
governments of other nations for the purposes of
detecting and investigating illegal, unreported, or
unregulated fishing activity and carrying out the
provisions of this Act; and
(B) enter into agreements with other Federal,
State, or local governments as well as with the
governments of other nations, on a reimbursable basis
or otherwise, for such purposes.
(c) Powers of Authorized Officers.--Notwithstanding any other
provision of law, while operating under an agreement with the Secretary
entered into under section 101 of this Act, and conducting joint
operations as part of the Program for the purposes of detecting and
investigating illegal, unreported or unregulated fishing activity and
enforcing the provisions of this Act, authorized officers shall have
the powers and authority provided in that section.
(d) Information collection, maintenance and use.--
(1) In general.--The Secretary and the heads of other
departments and agencies providing staff for the Program shall,
to the maximum extent allowable by law, share all applicable
information, intelligence and data, related to the harvest,
transportation or trade of fish and fish product in order to
detect and investigate illegal, unreported, or unregulated
fishing activity and to carry out the provisions of this Act.
(2) Coordination of data.--The Secretary, through the
Program, shall coordinate the collection, storage, analysis,
and dissemination of all applicable information, intelligence,
and data related to the harvest, transportation, or trade of
fish and fish product collected or maintained by the member
agencies of the Program.
(3) Confidentiality.--The Secretary, through the Program,
shall ensure the protection and confidentiality required by law
for information, intelligence, and data related to the harvest,
transportation, or trade of fish and fish product obtained by
the Program.
(4) Data standardization.--The Secretary and the heads of
other departments and agencies providing staff for the Program
shall, to the maximum extent practicable, develop data
standardization for fisheries related data for Program agencies
and with international fisheries enforcement databases as
appropriate.
(5) Assistance from intelligence community.--Upon request
of the Secretary, elements of the intelligence community (as
defined in section 3(4) of the National Security Act of 1947
(50 U.S.C. 401a(4))) shall collect information related to
illegal, unreported, or unregulated fishing activity outside
the United States about individuals who are not United States
persons (as defined in section 105A(c)(2) of such Act (50
U.S.C. 403-5a(c)(2))). Such elements of the intelligence
community shall collect and share such information with the
Secretary through the Program for law enforcement purposes in
order to detect and investigate illegal, unreported, or
unregulated fishing activities and to carry out the provisions
of this Act. All collection and sharing of information shall be
in accordance with the National Security Act of 1947 (50 U.S.C.
401 et seq.).
(6) Information sharing.--The Secretary, through the
Program, shall have authority to share fisheries-related data
with other Federal, State, and foreign governments as well as
international organizations or arrangements, including
international fishery management organizations, if--
(A) such governments, organizations, or
arrangements have policies and procedures to safeguard
such information from unintended or unauthorized
disclosure; and
(B) the exchange of information is necessary--
(i) to ensure compliance with any law or
regulation enforced or administered by the
Secretary;
(ii) to administer or enforce treaties to
which the United States is a party;
(iii) to administer or enforce binding
conservation measures adopted by any
international organization or arrangement to
which the United States is a party;
(iv) to assist in investigative, judicial,
or administrative enforcement proceedings in
the United States; or
(v) to assist in any fisheries or living
marine resource related law enforcement action
undertaken by a law enforcement agency of a
foreign government, or in relation to a legal
proceeding undertaken by a foreign government.
(e) Authorization of Appropriations.--There are authorized to be
appropriated $30,000,000 to the Secretary for each of fiscal years 2010
through 2015 to carry out this section.
SEC. 202. INTERNATIONAL COOPERATION AND ASSISTANCE PROGRAM.
(a) International Cooperation and Assistance Program.--The
Secretary may establish an international cooperation and assistance
program, including grants, to provide assistance for international
capacity building efforts.
(b) Authorized Activities.--In carrying out the program, the
Secretary may--
(1) provide funding and technical expertise to other
nations to assist them in addressing illegal, unreported, or
unregulated fishing activities;
(2) provide funding and technical expertise to other
nations to assist them in reducing the loss and environmental
impacts of derelict fishing gears, reducing the bycatch of
living marine resources, and promoting international marine
resource conservation;
(3) provide funding, technical expertise, and training, in
cooperation with the International Fisheries Enforcement
Program under section 201 of this Act, to other nations to aid
them in building capacity for enhanced fisheries management,
fisheries monitoring, catch and trade tracking activities,
enforcement, and international marine resource conservation;
(4) establish partnerships with other Federal agencies, as
appropriate, to ensure that fisheries development assistance to
other nations is directed toward projects that promote
sustainable fisheries; and
(5) conduct outreach and education efforts in order to
promote public and private sector awareness of international
fisheries sustainability issues, including the need to combat
illegal, unreported, or unregulated fishing activity and to
promote international marine resource conservation.
(c) Guidelines.--The Secretary may establish guidelines necessary
to implement the program.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary $5,000,000 for each of fiscal years 2010
through 2015 to carry out this section. -
TITLE III--MISCELLANEOUS AMENDMENTS
SEC. 301. ATLANTIC TUNAS CONVENTION ACT OF 1975.
(a) Elimination of Annual Report.--Section 11 of the Atlantic Tunas
Convention Act of 1975 (16 U.S.C. 971j) is repealed.
(b) Certain Regulations.--Section 6(c)(2) of the Atlantic Tunas
Convention Act of 1975 (16 U.S.C. 971d(c)(2)) is amended--
(1) by inserting ``(A)'' after ``(2)'';
(2) by striking ``(A) submission'' and inserting ``the
presentation'';
(3) by striking ``arguments, and (B) oral presentation at a
public hearing. Such'' and inserting ``written or oral
statements at a public hearing. After consideration of such
presentations, the ''; and
(4) by adding at the end thereof the following:
``(B) The Secretary may issue final regulations to implement
Commission recommendations referred to in paragraph (1) of this
subsection concerning trade restrictive measures against nations or
fishing entities without regard to the requirements of subparagraph (A)
of this paragraph and subsections (b) and (c) of section 553 of title
5, United States Code.''.
SEC. 302. DATA SHARING.
(a) High Seas Driftnet Fishing Moratorium Protection Act.--Section
608 of the High Seas Driftnet Fishing Moratorium Protection Act (16
U.S.C. 1826i) is amended--
(1) by inserting ``(a) In General.--'' before ``The
Secretary,'';
(2) by striking ``organizations'' the first place it
appears and inserting, ``organizations, or arrangements made
pursuant to an international fishery agreement (as defined in
section 3(24) of the Magnuson-Stevens Fishery Conservation and
Management Act),'';
(3) by striking ``and'' after the semicolon in paragraph
(2)(C);
(4) by striking ``territories.'' in paragraph (3) and
inserting ``territories; and''; and
(5) by adding at the end thereof the following:
``(4) urging other nations, through the regional fishery
management organizations of which the United States is a
member, bilaterally and otherwise to seek and foster the
sharing of accurate, relevant, and timely information--
``(A) to improve the scientific understanding of
marine ecosystems;
``(B) to improve fisheries management decisions;
``(C) to promote the conservation of protected
living marine resources;
``(D) to combat illegal, unreported, and
unregulated fishing; and
``(E) to improve compliance with conservation and
management measures in international waters.
``(b) Information Sharing.--In carrying out this section, the
Secretary may disclose, as necessary and appropriate, information to
the Food and Agriculture Organization of the United Nations,
international fishery management organizations (as so defined), or
arrangements made pursuant to an international fishery agreement, if
such organizations or arrangements have policies and procedures to
safeguard such information from unintended or unauthorized
disclosure.''.
(b) Conforming Amendment.--Section 402(b)(1) of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1881a(b)(1))
is amended--
(1) by striking ``or'' after the semicolon in subparagraph
(G);
(2) by redesignating subparagraph (H) as subparagraph (I);
and
(3) by inserting after subparagraph (G) the following:
``(H) to the Food and Agriculture Organization of the
United Nations, international fishery management organizations,
or arrangements made pursuant to an international fishery
agreement as provided for in the High Seas Driftnet Fishing
Moratorium Protection Act (16 U.S.C. 1826i(b)); or''.
SEC. 303. PERMITS UNDER THE HIGH SEAS FISHING COMPLIANCE ACT OF 1995.
Section 104(f) of the High Seas Fishing Compliance Act (16 U.S.C.
5503(f)) is amended to read as follows:
``(f) Validity.--A permit issued under this section is void if--
``(1) 1 or more permits or authorizations required for a
vessel to fish, in addition to a permit issued under this
section, expire, are revoked, or are suspended; or
``(2) the vessel is no longer eligible for United States
documentation, such documentation is revoked or denied, or the
vessel is deleted from such documentation.''.
SEC. 304. TECHNICAL CORRECTIONS TO THE WESTERN AND CENTRAL PACIFIC
FISHERIES CONVENTION IMPLEMENTATION ACT.
Section 503 of the Western and Central Pacific Fisheries Convention
Implementation Act (16 U.S.C. 6902) is amended--
(1) by striking ``the chairman or'' in subsection (a);
(2) by inserting ``one of whom shall be a member of'' after
``Western Pacific Fishery Management Council and'' in
subsection (a);
(3) by adding at the end of subsection (c)(1) the
following:
``Notwithstanding subparagraph (B), section 208(a) of title 18, United
States Code, shall not apply to such an individual if, after review of
the financial disclosure report filed by the individual pursuant to the
Ethics in Government Act of 1978 (5 U.S.C. App.), the Secretary of
Commerce, or his designee, certifies in writing that the need for the
individual's services outweighs the potential for a conflict of
interest created by the financial interest involved.'';
(4) by adding at the end of subsection (d)(2)(B) the
following:
``Notwithstanding subclause II of clause (ii), section 208(a) of title
18, United States Code, shall not apply to such an individual if, after
review of the financial disclosure report filed by the individual
pursuant to the Ethics in Government Act of 1978 (5 U.S.C. App.), the
Secretary of Commerce, or his designee, certifies in writing that the
need for the individual's services outweighs the potential for a
conflict of interest created by the financial interest involved.''; and
(5) redesignating subsection (f) as subsection (e).
SEC. 305. PACIFIC WHITING ACT OF 2006.
(a) Scientific Experts.--Section 605(a)(1) of the Pacific Whiting
Act of 2006 (16 U.S.C. 7004(a)(1)) is amended by striking ``at least 6
but not more than 12'' inserting ``no more than 2''.
(b) Conflict of Interest Waiver.--Section 609(a) of the Pacific
Whiting Act of 2006 (16 U.S.C. 7008(a)) is amended by adding at the end
thereof the following:
``Notwithstanding paragraph (2), section 208(a) of title 18, United
States Code, shall not apply to such an individual if, after review of
the financial disclosure report filed by the individual pursuant to the
Ethics in Government Act of 1978 (5 U.S.C. App.), the Secretary of
Commerce, or his designee, certifies in writing that the need for the
individual's services outweighs the potential for a conflict of
interest created by the financial interest involved.''.
SEC. 306. COMMITTEE ON SCIENTIFIC COOPERATION FOR PACIFIC SALMON
AGREEMENT.
Section 11 of the Pacific Salmon Treaty Act of 1985 (16 U.S.C.
3640) is amended by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively, and inserting after subsection
(b) the following:
``(c) Scientific Cooperation Committee.--Members of the Committee
on Scientific Cooperation who are not State or Federal employees shall
receive compensation at a rate equivalent to the rate payable for level
IV of the Executive Schedule under section 5315 of title 5, United
States Code, when engaged in actual performance of duties for the
Commission.''.
SEC. 307. REAUTHORIZATIONS.
(a) International Dolphin Conservation Program.--Section 304(c)(1)
of the Marine Mammal Protection Act (16 U.S.C. 1414a(c)(1)) is amended
by adding at the end thereof the following:
``(E) $1,000,000 for each of fiscal years 2009
through 2013.''.
(b) Pacific Salmon Treaty Act of 1985.--Section 16(d)(2)(A) of the
Pacific Salmon Treaty Act of 1985 (16 3645(d)(2)(A)) is amended by
striking ``and 2009,'' and inserting ``2009, 2010, 2011, 2012, and
2013,''.
(c) South Pacific Tuna Act of 1988.--Section 20(a) of the South
Pacific Tuna Act of 1988 (16 U.S.C. 973r(a)) is amended by striking
``1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, and
2002,'' each place it appears and inserting ``2009 through 2013''.
TITLE IV--IMPLEMENTATION OF THE ANTIGUA CONVENTION
SEC. 401. SHORT TITLE.
This title may be cited as the ``Antigua Convention Implementing
Act of 2008''.
SEC. 402. 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. 403. 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-
American 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
Washington, 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) Import.--The term `import' means to land on, bring
into, or introduce into, or attempt to land on, bring into, or
introduce into, any place subject to the jurisdiction of the
United States, whether or not such landing, bringing, or
introduction constitutes an importation within the meaning of
the customs laws of the United States.
``(5) Person.--The term `person' means an individual,
partnership, corporation, or association subject to the
jurisdiction of the United States.
``(6) United states.--The term `United States' includes all
areas under the sovereignty of the United States.
``(7) U.S. commissioners.--The term `U.S. commissioners'
means the members of the commission.
``(8) U.S. section.--The term `U.S. section' means the U.S.
Commissioners to the Commission and a designee of the Secretary
of State.''.
SEC. 404. COMMISSIONERS; NUMBER, APPOINTMENT, AND QUALIFICATIONS.
Section 3 (16 U.S.C. 952) is amended to read as follows:
``SEC. 3. COMMISSIONERS.
``(a) Commissoners.--The United States shall be represented on the
Commission by 5 United States Commissioners. The President shall
appoint individuals to serve on the Commission at the pleasure of the
President. In making the appointments, the President shall select
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, one of whom shall be the chairman or a
member of the Western Pacific Fishery Management Council, and one of
whom shall be the chairman or a member of the Pacific Fishery
Management Council. Not more than 2 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 Subcommittee
established pursuant to section 4(b), all powers and duties of a United
States Commissioner in the absence of any 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 Commissioners 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 such
Commissioners, other than officers or employees of the United
States Government, shall be considered to be Federal employees
while performing such service, only for purposes of--
``(A) injury compensation as provided in chapter 81
of title 5, United States Code, and tort claims
liability under chapter 171 of title 28, United States
Code;
``(B) the Ethics in Government Act of 1978 (5
U.S.C. App.) and the provisions of chapter 11 of title
18, United States Code; and
``(C) any other statute or regulation governing the
conduct of Federal employees.
Notwithstanding subparagraph (B), section 208(a) of title 18,
United States Code, shall not apply to such an individual if,
after review of the financial disclosure report filed by the
individual pursuant to the Ethics in Government Act of 1978 (5
U.S.C. App.), the Secretary of Commerce, or his designee,
certifies in writing that the need for the individual's
services outweighs the potential for a conflict of interest
created by the financial interest involved.'';
``(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 such Commissioners or Alternate Commissioners.
``(3) Travel expenses.--
``(A) The Secretary of State shall pay the
necessary travel expenses of United States
Commissioners and Alternate United States Commissioners
to meetings of the IATTC and other meetings the
Secretary 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. 405. 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; compensation.--
``(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 the fisheries covered by the
Convention, including nongovernmental 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 U.S.
delegation to the Commission and its working groups to
the extent the Commission rules and space for
delegations 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
members of the General Advisory Committee by virtue of
their positions 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 Section 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 chapter, the Magnuson-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 Secretary
of State shall furnish the General Advisory Committee with
relevant information concerning fisheries and international
fishery agreements.
``(3) Administrative matters.--
``(A) The Secretary shall provide to the General
Advisory Committee in a timely manner such
administrative 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 be considered Federal
employees while performing service as members
of the General Advisory Committee only for
purposes of--
``(I) injury compensation as
provided in chapter 81 of title 5,
United States Code, and tort claims
liability under chapter 171 of title
28, United States Code;
``(II) the Ethics in Government Act
of 1978 (5 U.S.C. App.) and the
provisions of chapter 11 of title 18,
United States Code; and
``(III) any other statute or
regulation governing the conduct of
Federal employees.
Notwithstanding subclause (II), section 208(a)
of title 18, United States Code, shall not
apply to such an individual if, after review of
the financial disclosure report filed by the
individual pursuant to the Ethics in Government
Act of 1978 (5 U.S.C. App.), the Secretary of
Commerce, or his designee, certifies in writing
that the need for the individual's services
outweighs the potential for a conflict of
interest created by the financial interest
involved.''; and
(2) by striking so much of subsection (b) as precedes
paragraph (2) and inserting the following:
``(b) Scientific Advisory Committee.--(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.''.
SEC. 406. RULEMAKING.
Section 6 (16 U.S.C. 955) is amended--
(1) by striking the section caption and inserting the
following:
``SEC. 6. RULEMAKING.'' ; and
(2) by striking subsections (a) and (b) and inserting the
following:
``(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 Convention 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 in accordance
with the procedures established by the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.).
``(b) Jurisdiction.--The Secretary may promulgate regulations
applicable to all vessels and persons subject to the jurisdiction of
the United States, including United States flag vessels wherever they
may be operating, on such date as the Secretary shall prescribe.''.
SEC. 407. PROHIBITED ACTS.
Section 8 (16 U.S.C. 957) is amended to read as follows:
``SEC. 8. PROHIBITED ACTS.
``It is unlawful for any person--
``(1) to violate any provision of this chapter or any
regulation or permit issued pursuant to this Act;
``(2) to use any fishing vessel to engage in fishing after
the revocation, or during the period of suspension, of an
applicable permit issued pursuant to this Act;
``(3) to refuse to permit any officer authorized to enforce
the provisions of this Act (as provided for in section 10) to
board a fishing 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 or any
regulation, permit, or the Convention;
``(4) to forcibly assault, resist, oppose, impede,
intimidate, sexually harass, bribe, or interfere with any such
authorized officer in the conduct of any search, investigations
or inspection in connection with the enforcement of this Act or
any regulation, permit, or the Convention;
``(5) to resist a lawful arrest for any act prohibited by
this Act;
``(6) to ship, transport, offer for sale, sell, purchase,
import, export, or have custody, control, or possession of, any
fish taken or retained in violation of this Act or any
regulation, permit, or agreement referred to in paragraph (1)
or (2);
``(7) to interfere with, delay, or prevent, by any means,
the apprehension or arrest of another person, knowing that such
other person has committed any act prohibited by this section;
``(8) to knowingly and willfully submit to the Secretary
false information regarding any matter that the Secretary is
considering in the course of carrying out this Act;
``(9) to forcibly assault, resist, oppose, impede,
intimidate, sexually harass, bribe, or interfere with any
observer on a vessel under this Act, or any data collector
employed by the National Marine Fisheries Service or under
contract to any person to carry out responsibilities under this
Act;
``(10) to engage in fishing in violation of any regulation
adopted pursuant to section 6(c) of this Act;
``(11) to ship, transport, purchase, sell, offer for sale,
import, export, or have in custody, possession, or control any
fish taken or retained in violation of such regulations;
``(12) to fail to make, keep, or furnish any catch returns,
statistical records, or other reports as are required by
regulations adopted pursuant to this Act to be made, kept, or
furnished;
``(13) to fail to stop a vessel upon being hailed and
instructed to stop by a duly authorized official of the United
States;
``(14) to import, in violation of any regulation adopted
pursuant to section 6(c) of this Act, any fish in any form of
those species subject to regulation pursuant to a
recommendation, resolution, or decision of the Commission, or
any tuna in any form not under regulation but under
investigation by the Commission, during the period such fish
have been denied entry in accordance with the provisions of
section 6(c) of this Act, unless such person provides such
proof as the Secretary of Commerce may require that a fish
described in this paragraph offered for entry into the United
States is not ineligible for such entry under the terms of
section 6(c) of this Act.''.
SEC. 408. ENFORCEMENT.
Section 10 (16 U.S.C. 959) is amended to read as follows:
``SEC. 10. ENFORCEMENT.
``This Act shall be enforced under section 101 of the International
Fisheries Stewardship and Enforcement Act.''.
SEC. 409. REDUCTION OF BYCATCH.
Section 15 (16 U.S.C. 962) is amended by striking ``vessel'' and
inserting ``vessels''.
SEC. 410. 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.
Calendar No. 1028
110th CONGRESS
2d Session
S. 2907
[Report No. 110-469]
_______________________________________________________________________
A BILL
To establish uniform administrative and enforcement procedures and
penalties for the enforcement of the High Seas Driftnet Fishing
Moratorium Protection Act and similar statutes, and for other purposes.
_______________________________________________________________________
September 17, 2008
Reported with an amendment