[Senate Report 110-469]
[From the U.S. Government Publishing Office]
110th Congress
2d Session SENATE Report
110-469
_______________________________________________________________________
Calendar No. 1028
INTERNATIONAL FISHERIES STEWARDSHIP AND ENFORCEMENT ACT OF 2008
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 2907
September 17, 2008.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred tenth congress
second session
DANIEL K. INOUYE, Hawaii, Chairman
JOHN D. ROCKEFELLER IV, West KAY BAILEY HUTCHISON, Texas
Virginia TED STEVENS, Alaska
JOHN F. KERRY, Massachusetts JOHN McCAIN, Arizona
BYRON L. DORGAN, North Dakota OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California GORDON H. SMITH, Oregon
BILL NELSON, Florida JOHN ENSIGN, Nevada
MARIA CANTWELL, Washington JOHN E. SUNUNU, New Hampshire
FRANK R. LAUTENBERG, New Jersey JIM DeMINT, South Carolina
MARK PRYOR, Arkansas DAVID VITTER, Louisiana
THOMAS CARPER, Delaware JOHN THUNE, South Dakota
CLAIRE McCASKILL, Missouri ROGER F. WICKER, Mississippi
AMY KLOBUCHAR, Minnesota
Margaret Cummisky, Staff Director and Chief Counsel
Lila Helms, Deputy Staff Director and Policy Director
Jean Toal Eisen, Senior Advisor and Deputy Policy Director
Christine Kurth, Republican Staff Director and General Counsel
Paul J. Nagle, Republican Chief Counsel
Mimi Braniff, Republican Deputy Chief Counsel
Calendar No. 1028
110th Congress Report
SENATE
2d Session 110-469
======================================================================
INTERNATIONAL FISHERIES STEWARDSHIP AND ENFORCEMENT ACT OF 2008
_______
September 17, 2008.--Ordered to be printed
_______
Mr. Inouye, from the Committee on Commerce, Science, and
Transportation, submitted the following
REPORT
[To accompany S. 2907]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 2907) to establish uniform
administrative and enforcement procedures and penalties for the
enforcement of the High Seas Driftnet Fishing Moritorium
Protection Act and similar statutes, and for other purposes,
having considered the same, reports favorably thereon with an
amendment (in the nature of a substitute) and recommends that
the bill (as amended) do pass.
Purpose of the Bill
The purposes of S. 2907, the International Fisheries
Stewardship and Enforcement Act of 2008, are to strengthen and
harmonize the enforcement provisions of U.S. statutes for
implementing international fisheries agreements, authorize
actions regarding foreign vessels engaged in illegal fishing,
create interagency programs for coordinating international
fisheries enforcement and assistance to developing countries,
and make other technical and clarifying changes to
international fisheries statutes. The bill responds to issues
identified during a Committee hearing held on April 3, 2008,
and it addresses comments from a wide variety of stakeholders
interested in the bill, including representatives of the
fishing industry, conservation organizations, the National
Oceanic and Atmospheric Administration (NOAA), the United
States Coast Guard, and the Department of State (DOS).
Background and Needs
Many fish stocks around the world have become depleted in the
last several decades as a result of fleet overcapacity,
overfishing, and ineffective fisheries law enforcement regimes.
Coastal fishing nations are responsible for managing the stocks
that fall within their domestic waters, which extend 200 miles
from their coastline, also known as their Exclusive Economic
Zone (EEZ). Unfortunately, many of these coastal nations do not
manage for stock sustainability, enforce their regulations
effectively, or coordinate management of shared stocks with
other fishing nations.
Under the Magnuson-Stevens Fisheries Conservation and
Management Act (MSA, 16 U.S.C. 1801 et seq.), the primary
Federal statute governing how U.S. fisheries are managed, the
U.S. government exercises jurisdiction over the management of
commercial fisheries within the U.S. EEZ. The MSA authorizes
the Secretary of Commerce (Secretary), through the National
Marine Fisheries Service (NMFS) within the NOAA, to be
responsible for the management of marine resources. The MSA
allows Regional Fishery Management Councils to develop
management plans, subject to the Secretary's approval, that
follow the Act's requirements for rebuilding overfished stocks
and setting harvest levels according to science-based catch
limits.
The coordinated management of shared stocks harvested beyond
200 miles is accomplished by nations participating in Regional
Fisheries Management Organizations (RFMOs) or through
international agreements created to guide and coordinate the
fisheries management activities of multiple nations that target
common stocks in specific regions. Each nation that chooses to
participate in RFMOs or fisheries agreements retains its
sovereignty, yet is expected to develop domestic fisheries laws
and regulations consistent with each agreement. The United
States follows this practice and seeks to implement legislation
and regulations to meet the commitments under RFMOs and
international fisheries agreements. Short of such an agreement
or implementing legislation, U.S. fisheries managers seek
discussions with foreign counterparts to address concerns on
interjurisdictional stock management.
All U.S. international fishery enforcement activities are
coordinated closely between the NMFS, the DOS, and the Coast
Guard. The NMFS and the Coast Guard also provide input for the
DOS negotiations of fishery treaties and agreements, in
addition to reviewing foreign fishing vessel permit
applications. The NMFS and the Coast Guard jointly conduct
fisheries enforcement patrols and investigations under a wide-
ranging memorandum of understanding (MOU). Additionally, the
NMFS and the Coast Guard cooperate closely with individual
states and territories, and coordinate MSA enforcement in and
adjacent to state and territorial waters. Further, the Coast
Guard conducts international enforcement operations in close
coordination with the DOS, as required by Presidential
Directive 27.
Foreign Illegal, Unreported, and Unregulated (IUU) Fishing
The term ``IUU fishing'' describes a range of fishing
activities including the failure to report or misreporting of
catches, fishing without the permission of a coastal country,
the reflagging of vessels to countries that are unable or
unwilling to adequately control their fishing activity, and
noncompliance with fishing gear and area rules. The extent to
which IUU fishing occurs is not known, but some have estimated
that it accounts for as much as one quarter of the world's fish
catch, and as such, represents one of the greatest challenges
to sustainable global fishing management and conservation. The
United Kingdom-based Chatham House estimates that IUU fish
harvests are worth $9 billion annually, and despite a lack of
specific data, these harvests likely create significant
ecological impacts.
Worldwide, the amount of IUU fishing appears to be increasing
as IUU fishermen attempt to avoid stricter fishing rules
created to address declining fish stocks. Preventing IUU
fishing on the high seas is difficult due to the vast areas of
ocean to monitor, enforcement resource limitations, and a high
volume of operating fishing vessels. Current international
efforts to eliminate IUU fishing are mainly led through the
United Nations' (UN) Food and Agriculture Organization (FAO),
and are primarily focused on pressuring individual nations to
better control and manage their fishing fleets. RFMOs strive to
follow guidelines established by the UN to combat IUU fishing.
For example, the International Commission for the Conservation
of Atlantic Tunas is working toward requiring fishing vessels
to register with the Commission to be eligible to sell their
catch.
Unique IUU Challenges of Developing Countries
On January 14 and 15, 2008, the New York Times published two
articles highlighting the challenges IUU fishing presents to
fisheries managers in coastal developing countries, including
many African nations which have large EEZs containing valuable
fish stocks. In an effort to generate revenue, the governments
of many of these coastal developing countries have negotiated
agreements that allow developed countries, including Europe,
China, and Russia, to harvest their fisheries resources. In
some cases, officials from developing countries have oversold
fishing rights, inflated potential catches, and allowed pirate
vessels and locals free reign in breeding grounds. Fishing
under these agreements can lead to overexploitation, as many of
these coastal developing countries lack the capacity to conduct
fish stock assessments, define sustainable harvest levels, and
monitor and enforce regulations to guide fishing activity. This
results in the rapid decline of local fish stocks which removes
the livelihood of artisanal local fishermen.
In an effort to combat IUU fishing, particularly along the
coasts of developing countries, many marine policy experts call
for ending the system of flags of convenience, improving port
inspections, and reducing the fishing pressure caused by large
fishing fleets from industrialized nations. However, these
measures require resources, including funding, staff,
technology, and expertise, that remain largely unavailable in
many developing countries. Many foreign aid organizations, such
as the World Bank, attempt to direct foreign financial and
technical assistance to improve the sustainability of coastal
nations' fisheries. The United States has initiated limited
efforts to assist developing countries in targeting IUU
fishing. The NMFS is engaged in activities to prevent, deter,
and control bycatch and IUU actions in West Africa through
observer training in Ghana and regional dialogues in Senegal.
The NOAA has contracted the Coast Guard to examine the
enforcement capabilities and the available governmental
infrastructure and capacity of both Senegal and Gabon to
promote fisheries conservation and management.
The Need for Legislation to Strengthen U.S. International Fisheries
Enforcement
The United States conducts international fisheries
enforcement patrols and investigations through the NMFS Office
of Law Enforcement (OLE) and the Coast Guard, with the DOS
providing diplomatic and legal support. These agencies enforce
the provisions of statutes for implementing the terms of the
international fisheries treaties and agreements to which the
United States is a party. However, as each implementing statute
was developed, they often took divergent approaches for
establishing enforcement tools, setting fines and penalties,
and otherwise carrying out enforcement patrols and
investigations. As a result, U.S. international fisheries
enforcement efforts are carried out under a patchwork of
different standards and statutes. By harmonizing these
standards and activities across statutes and with the MSA, U.S.
fisheries enforcement officers and lawyers could streamline,
clarify, and strengthen their overall approach for targeting
foreign IUU fishing. Additionally, by increasing the fines and
penalties, U.S. laws could have a more effective deterrent and
make these penalties more than the cost of doing business for
well-financed global corporations, as they are now.
Internationally, the United States is participating in a UN
effort to draft a legally-binding instrument on port state
measures to prevent, deter, and eliminate IUU fishing.
Ultimately, this agreement will facilitate greater IUU controls
in coastal fishing nations; however, there are certain steps
that the United States can take in the interim to discourage
IUU fishing. First, the United States can grant permanence to
the now-temporary list of IUU fishing vessels maintained by
NOAA. This list was established in the fiscal year (FY) 2008
Consolidated Appropriations bill (P.L. 110--161), which
temporarily authorized NOAA to publish a list of IUU fishing
vessels identified by RFMOs. The goal of this list is to allow
U.S. law enforcement officers, port authorities, and the
commercial fishing industry to quickly and easily identify IUU
fishing vessels given that there are significant risks and
liabilities to engaging in business with them. Second, the
Secretary of Treasury is now authorized to deny port access to
certain vessels engaged in high seas driftnet fishing, subject
to his discretion, and this authority can be expanded to
vessels identified as IUU fishing vessels as defined by the
MSA.
Domestically, the United States can take steps to promote
interagency cooperation and reduce the bureaucratic barriers
that can limit the effectiveness of patrols, investigations,
and any subsequent litigation. The NMFS OLE and the Coast Guard
undertake international fisheries enforcement activities to the
extent that funding and other resources allow, and as such have
had limited effectiveness in reducing IUU fishing and
preventing all IUU fish product from entering the United
States. For FY 2009, the President requested a $1.1 million
increase for targeting IUU fishing (the first IUU-specific
request) out of a $56 million total request for fisheries
enforcement. The United States could improve its law
enforcement efforts by allowing agencies to share enforcement
authorities, information, and intelligence (subject to
appropriate protections), and other resources; enter into MOUs
and other agreements with fisheries officers in states and
other nations; and otherwise leverage intergovernmental tools
and resources.
The United States can also build upon existing efforts to
provide assistance and other support to developing countries
struggling with fisheries management and IUU enforcement
efforts. As noted above, the United States has provided minimal
forms of support and assistance through the NMFS and the Coast
Guard, but this topic has not been a significant part of the
U.S. Agency for International Development or the Millennium
Challenge Corporation, the two primary United States Federal
programs for providing foreign assistance. By encouraging the
development of programs aimed at international fisheries
conservation and IUU fishing within the existing foreign
assistance framework, in cooperation with experts in the NMFS
and the Coast Guard, the United States can expand its reach and
effectiveness in targeting this significant marine policy
problem facing developing countries.
Summary of Provisions
The substitute amendment for S. 2907 would harmonize the
enforcement provisions of U.S. statues for implementing
international fisheries agreements and otherwise strengthen
international fisheries enforcement.
Title I of this bill would grant the NOAA and the Coast Guard
authority to implement international fisheries laws, expand
authorities for carrying out investigations and enforcement
activities, and establish new prohibited acts for interfering
with investigations. It would amend the enforcement provisions
of statutes for implementing international fisheries agreements
to conform to sections 307 through 311 of the MSA and increase
civil and criminal penalties for violating international
fisheries laws. Additionally, it would authorize the Secretary
to maintain and make public a list of vessels engaged in IUU
fishing and authorize appropriate action against listed vessels
consistent with applicable U.S. and international law in all
ports of the United States or its territories. It also would
amend the High Seas Driftnet Fishing Moratorium Protection Act
(HSDFMPA, 16 U.S.C. 1826d et seq.) to authorize the Secretary
of the Treasury to deny port access to IUU fishing vessels from
nations listed under the new nation certification procedures
for IUU fishing and bycatch of protected living marine
resources authorized in Section 403 of the MSA.
Title II would leverage intergovernmental capabilities
through joint efforts and agreements by creating an
International Fisheries Enforcement Program, which would be
housed in the NMFS OLE, with new authorities to increase
interagency cooperation, share resources and information, and
extend authorities to other law enforcement officers. It also
would create an International Cooperation and Assistance
Program authorized to provide assistance for international
capacity building efforts; facilitate training for monitoring,
enforcement, and conservation efforts; promote technical
expertise, outreach, and education to combat IUU fishing; and
promote international marine conservation.
Title III would make other technical and clarifying
amendments to various statutes for implementing international
fisheries agreements to improve and streamline program
performance and rulemaking processes and to facilitate
information sharing.
Title IV would consist of implementing legislation for the
Inter-American Tropical Tuna Commission, or the Antigua
Convention.
Legislative History
S. 2907 was introduced in the Senate by Senators Inouye and
Stevens on April 24, 2008. Senators Wicker, Murkowski, Kerry,
Snowe, and Cantwell joined as cosponsors. The bill was referred
to the Senate Committee on Commerce, Science, and
Transportation. On June 24, 2008, an Inouye/Stevens substitute
amendment for the bill was considered by the Committee in an
open executive session. The Committee, without objection,
ordered the substitute amendment for S. 2907 be reported as
offered.
Staff assigned to this legislation include Amanda Hallberg,
Democratic Professional Staff, Todd Bertoson, Republican Senior
Counsel, and Kris Lynch, Republican Senior Advisor for Oceans,
Fisheries, and Coast Guard.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
July 25, 2008.
Hon. Daniel K. Inouye,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2907, the
International Stewardship and Enforcement Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Peter R. Orszag.
Enclosure.
S. 2907--International Fisheries Stewardship and Enforcement Act
Summary: S. 2907 would establish uniform enforcement
policies and procedures among federal statutes that govern the
regulation of commercial fishing. The bill also would authorize
funding for new programs to improve the enforcement of laws
related to international fisheries and coordinate enforcement
actions among federal agencies.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing S. 2907 would cost $90 million over
the 2010-2013 period and $120 million after 2013. Enacting this
legislation could increase revenues (from civil and criminal
penalties) and associated direct spending, but CBO estimates
that such increases would be less than $500,000 annually and
would offset each other in most years.
Section 4 of the Unfunded Mandates Reform Act (UMRA)
excludes from the application of that act any legislative
provisions that are necessary for the ratification or
implementation of international treaty obligations. CBO has
determined that the provisions of title IV fall within that
exclusion because they would implement the Antigua Convention.
Therefore, CBO has not reviewed title IV for the presence of
intergovernmental or private-sector mandates.
The remaining provisions contain an intergovernmental and
private-sector mandate as defined in UMRA because they would
require public and private entities, if subpoenaed, to provide
testimony, documents, or other evidence to the Department of
Commerce. CBO estimates that the cost to comply with the
mandate would fall below the annual thresholds established in
UMRA for intergovernmental and private-sector mandates ($68
million and $136 million in 2008, respectively, adjusted
annually for inflation).
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 2907 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
---------------------------------------------------------
2009 2010 2011 2012 2013 2009-2013
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level................................... 0 35 35 35 35 140
Estimated Outlays..................................... 0 10 15 30 35 90
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted near the beginning of fiscal year
2009 and that the amounts authorized will be appropriated for
each year. Estimated outlays are based on historical spending
patterns for similar programs.
S. 2907 would authorize the appropriation of $30 million
for each of fiscal years 2010 through 2015 for a new program to
detect, investigate, and enforce laws against certain fishing
activities. The new program would be administered by the
National Oceanic and Atmospheric Administration (NOAA) and
carried out with help from other federal agencies such as the
U.S. Coast Guard and U.S. Customs and Border Protection. The
bill also would authorize the appropriation of $5 million
annually over the same period for grants and other assistance
to foreign governments to improve international enforcement of
fisheries laws. Assuming appropriation of the authorized
amounts, CBO estimates that implementing the new programs would
cost $90 million over the 2010-2013 period and $120 million
after 2013.
Finally, S. 2907 would increase civil and criminal
penalties for violations of fisheries laws. Based on
information provided by NOAA, CBO estimates that any increase
in revenues from penalties would be less than $500,000 a year
and would be offset by similar increases in direct spending
from the Crime Victims Fund (for criminal penalties) or by NOAA
(for civil penalties) as authorized by existing law.
Intergovernmental and private-sector impact: Section 4 of
UMRA excludes from the application of that act any legislative
provisions that are necessary for the ratification or
implementation of international treaty obligations. CBO has
determined that the provisions of title IV fall within that
exclusion because they would implement the Antigua Convention.
Therefore, CBO has not reviewed title IV for the presence of
intergovernmental or private-sector mandates.
The remaining provisions contain an intergovernmental and
private-sector mandate as defined in UMRA. The bill would
expand the authority of the Secretary of Commerce to issue
subpoenas when investigating violations of certain fishing
laws. Public and private entities, if subpoenaed, would be
required to provide testimony, documents, or other evidence.
CBO expects that the Secretary would use that authority
sparingly and that the costs to the private and public entities
to comply with such subpoenas would be small. Therefore CBO
estimates that the cost of the mandate would fall below the
annual thresholds established in UMRA for intergovernmental and
private-sector mandates ($68 million and $136 million in 2008,
respectively, adjusted annually for inflation).
Estimate prepared by: Federal Costs: Deborah Reis; Impact
on State, Local, and Tribal Governments: Elizabeth Cove; Impact
on the Private Sector: Jacob Kuiper.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
The reported bill would strengthen and harmonize the
enforcement provisions of U.S. statutes for implementing
international fisheries agreements, authorize actions regarding
foreign vessels engaged in illegal fishing, create interagency
programs for coordinating international fisheries enforcement
and assistance to developing countries, and make other
technical and clarifying changes to international fisheries
statutes. It authorizes the Secretary to promulgate new
regulations to carry out its authorities to address new
prohibited acts related to interfering with an international
fisheries investigation, and therefore will subject those
individuals or businesses to new regulations.
ECONOMIC IMPACT
Title II of the reported substitute amendment authorizes
$30,000,000, for each of FY 2010 through FY 2015, for the
development and implementation of a new inter-agency
International Fisheries Enforcement Program. It also authorizes
$5,000,000, for each of FY 2010 through FY 2015, for the
establishment of the International Cooperation and Assistance
Program. Considering the potential cost savings and economic
return on an effective international fisheries conservation
program, the funding levels ultimately enacted are not expected
to have an inflationary impact on the nation's economy.
PRIVACY
The reported substitute amendment will not have any adverse
impact on the personal privacy of individuals that do not
violate provisions of this legislation.
PAPERWORK
S. 2907 would not impose any new paperwork requirements on
private citizens, businesses, or other entities that do not
choose to participate in international fisheries activities;
those who do participate in this industry may be subject to
some changes in the paperwork requirements to meet emerging
program needs.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short Title and Table of Contents.
This section would provide that the legislation may be cited
as the ``International Fisheries Stewardship and Enforcement
Act.'' This section also contains the table of contents.
TITLE I. ADMINISTRATION AND ENFORCEMENT OF CERTAIN FISHERY AND RELATED
STATUTES
Section 101. Authority of the Secretary to Enforce Statutes.
Sec. 101 (a). In General. This subsection would direct the
Secretary and the Secretary of the Department in which the
Coast Guard is operating, currently the Department of Homeland
Security, to enforce the statutes to which this section
applies. The Secretary would be allowed, by agreement, to
utilize the personnel, equipment, and facilities of any other
Federal agency, including all elements of the Department of
Defense, to carry out this section. This section would apply to
the HSDFMPA, the Pacific Salmon Treaty Act of 1985 (16 U.S.C.
3631 et seq.), the Dolphin Protection Consumer Information Act
(16 U.S.C. 1385), the Tuna Conventions Act of 1950 (16 U.S.C.
951 et seq.), the North Pacific Anadromous Stocks Act of 1992
(16 U.S.C. 5001 et seq.), the South Pacific Tuna Act of 1988
(16 U.S.C. 973 et seq.), the Antarctic Marine Living Resources
Convention Act of 1984 (16 U.S.C. 2431 et seq.), the Atlantic
Tunas Convention Act of 1975 (16 U.S.C. 971 et seq.), the
Northwest Atlantic Fisheries Convention Act of 1995 (16 U.S.C.
5601 et seq.), the Western and Central Pacific Fisheries
Convention Implementation Act (16 U.S.C. 6901 et seq.), the
Northern Pacific Halibut Act of 1982 (16 U.S.C. 773 et seq.),
and the Antigua Convention Implementing Act of 2008. In
addition, this subsection could apply to any other Act of the
same subject as designated by the Secretary after having given
notice and an opportunity for a hearing.
Sec. 101 (b). Administration and Enforcement. This subsection
would direct the Secretary to prevent any person from violating
any Act to which this section applies in the same way as though
sections 307 through 311 of the MSA were incorporated into such
Act. Any person, with a few exceptions, who violates any Act to
which this section applies would be subject to the penalties,
privileges, and immunities provided in the sections 307 through
311 of the MSA.
Sec. 101 (c) Special Rules. This subsection would outline
that if there is a conflict with a provision from the MSA, the
provision of this subsection would apply. The amount of the
civil penalty would not exceed $250,000 per violation. Each day
of a continuing violation would constitute a separate
violation. The Attorney General, upon the request of the
Secretary, would be allowed to take civil action in the
appropriate district court of the United States to enforce this
Act and any Act to which this section applies. Any person,
other than a foreign government, who knowingly violates any
provision of subsection (e) of this section, or any regulation
conforming to this Act, would be guilty of a criminal offense
and subject to penalties provided under section 309 of the MSA.
Authorized officers enforcing the provisions of any Act to
which this section applies would be authorized to search or
inspect any facility used for the storage, processing,
transport, or trade of fish or fish products; inspect any
records pertaining to the storage, processing, transport, or
trade of fish or fish products; detain, for 5 days, any
shipment of fish or fish product within the jurisdiction of the
United States; and make an arrest. The Secretary could issue
subpoenas for the production of relevant papers, photographs,
records, books, and documents in any form including electronic,
electrical, or magnetic.
Sec. 101 (d). District Court Jurisdiction. This subsection
would give the district courts of the United States
jurisdiction over any actions arising under this section.
American Samoa would be included within the District of Hawaii.
Any offenses not committed in any district would be subject to
the venue provisions of section 3238 of title 18, United States
Code.
Sec. 101 (e). Prohibited Acts. This subsection would create a
list of unlawful activities and would direct the Secretary to
enforce such regulations as may be necessary to carry out this
section.
Section 102. Conforming, Minor, and Technical Amendments.
This section would provide for enforcement under section 101
of this Act, of the HSDFMPA, the Dolphin Protection Consumer
Information Act, the Tuna Conventions Act of 1950, the Northern
Pacific Anadromous Stocks Act of 1992, the Pacific Salmon
Treaty Act of 1985, the South Pacific Tuna Act of 1988, the
Antarctic Marine Living Resources Convention Act of 1984, the
Atlantic Tunas Convention Act of 1975, the Northwest Atlantic
Fisheries Convention Act of 1995, the Western and Central
Pacific Fisheries Convention Implementation Act, and the
Northern Pacific Halibut Act of 1982.
Section 103. Illegal, Unreported, or Unregulated Fishing.
This section would amend the HSDFMPA to include a list of
vessels and vessel owners engaged in IUU fishing, to apply
restrictions on port access to all U.S. ports, and to authorize
authority for the Secretary of Treasury to take actions with
respect to fishing vessels that receive a negative
certification under section 609 or 610 of the HSDFMPA.
TITLE II. LAW ENFORCEMENT AND INTERNATIONAL OPERATIONS
Section 201. International Fisheries Enforcement Program.
Sec. 201 (a). Establishment. This subsection would direct the
Secretary to establish an interagency International Fisheries
Enforcement Program within the NMFS OLE, within 12 months of
enactment. This program would detect and investigate IUU
fishing activity and enforce the provisions of this Act. The
program would have a representative from the U.S. Coast Guard,
U.S. Customs and Border Protection, U.S. Food and Drug
Administration, and any other agency deemed appropriate by the
Secretary.
Sec. 201 (b). Program Actions. This subsection would allow
the Secretary to request from the heads of other departments
and agencies providing program staff to participate in staffing
the program, share personnel, services, equipment, and
facilities with the program, and extend enforcement authorities
to other agencies within the program. The Secretary and the
department and agency heads providing staff for the program
could develop interagency plans, budgets, and financing. Within
180 days after the establishment of the program, the Secretary
would develop a 5-year strategic plan, to be updated at least
once every 5 years, for guiding interagency and
intergovernmental international fisheries enforcement efforts.
Additionally, the Secretary, in coordination with the other
program participants, could create and participate in task
forces, committees, or other working groups, as well as enter
into agreements with other Federal, state, or local
governments, as well as with foreign governments.
Sec. 201 (c). Powers of Authorized Officers. This subsection
would allow authorized officers to have the powers and
authority provided in section 101 while enforcing the
provisions of this Act.
Sec. 201 (d). Information Collection, Maintenance, and Use.
This subsection would direct the Secretary and the other
program participants to share, subject to appropriate
safeguards, all applicable information, intelligence, and data,
related to IUU fishing. The Secretary, through the program,
would coordinate the collection, storage, analysis, and
dissemination of all applicable materials related to IUU
fishing and would ensure the protection and confidentiality
required by law for materials related to IUU fishing. The
Secretary and the other program participants would develop data
standardization methods for fisheries related data. Upon
request of the Secretary, elements of the U.S. intelligence
community would collect information related to IUU fishing
outside the United States about non-U.S. citizens and share
such information with the Secretary, through the program, for
law enforcement purposes. In addition, this section would give
the Secretary the authority to share fisheries related data
with other Federal, State, and foreign governments, as well as
international organizations, if such governments and
organizations have policies and procedures to safeguard the
information from unintended disclosure, and if the exchange of
information is necessary to carry out the requirements of this
section.
Sec 201 (e). Authorization of Appropriations. This subsection
would authorize $30 million to the Secretary annually for FY
2010 through FY 2015 to carry out the purposes of this section.
Section 202. International Cooperation and Assistance Program.
This section would direct the Secretary to establish an
international cooperation and assistance program, including
grants, to provide assistance for international capacity
building efforts. In carrying out the program, the Secretary
would provide funding and technical expertise to other nations
to assist them in addressing IUU fishing and to reduce bycatch
of living marine resources. Also, the Secretary would establish
partnerships with other Federal agencies, conduct outreach and
education efforts, and provide funding, technical expertise,
and training to other nations to assist them in enhancing
fisheries management and monitoring. The Secretary would
establish guidelines necessary to implement the program. In
addition, this section would authorize $5 million annually for
FY 2010 through FY 2015 for the Secretary to carry out the
purposes of this section.
TITLE III. MISCELLANEOUS AMENDMENTS
Section 301. Atlantic Tunas Convention Act of 1975.
This section would repeal Section 11 of the Atlantic Tunas
Convention Act of 1975, which mandates an annual reporting
requirement.
Section 302. Data Sharing.
This section would amend the HSDFMPA to include information
sharing by authorizing the Secretary to share information with
other nations or organizations that have policies and
procedures to safeguard such information from unintended or
unauthorized disclosure. It would also authorize the Secretary
to urge other nations to foster information sharing on
scientific, conservation, management, and enforcement matters.
Section 303. Permits Under the High Seas Fishing Compliance Act of
1995.
This section would amend the High Seas Fishing Compliance Act
of 1995 (16 U.S.C. 5501 et. seq.) to void a permit issued if
either one or more permits required for a vessel to fish
expire, are revoked, or suspended, or the vessel is no longer
eligible for U.S. documentation.
Section 304. Technical Corrections to the Western and Central Pacific
Fisheries Convention Implementation Act.
This section would make technical corrections to the Western
and Central Pacific Fisheries Convention Implementation Act to
clarify that commissioners would include representatives of the
Western Pacific Fishery Management Council and the Pacific
Fishery Management Council.
Section 305. Technical Correction to the Pacific Whiting Act of 2006.
This section would make technical corrections to the Pacific
Whiting Act of 2006 to adjust the number of participants on a
scientific advisory committee.
Section 306. Committee on Scientific Cooperation for Pacific Salmon
Agreement.
This section would amend the Pacific Salmon Treaty Act of
1985 by allowing members of the Committee on Scientific
Cooperation to receive compensation when performing duties for
the Commission.
Section 307. Reauthorizations.
This section would reauthorize the International Dolphin
Conservation Program, the Pacific Salmon Treaty Act of 1985,
and the South Pacific Tuna Act of 1988 through FY 2013.
TITLE IV. IMPLEMENTATION OF THE ANTIGUA CONVENTION
Section 401. Short Title.
This section would allow this title to be cited as the
``Antigua Convention Implementing Act of 2008''.
Section 402. Amendment of the Tuna Conventions Act of 1950.
This section would ensure that any reference in this title to
an amendment or repeal, except as otherwise stated, would be to
the Tuna Conventions Act of 1950.
Section 403. Definitions.
This section would define the following terms: ``Antigua
Convention,'' ``Convention,'' ``Import,'' ``Person,'' ``United
States,'' ``U.S. Commissioners,'' and ``U.S. section.''
Section 404. Commissioners; Number, Appointment, and Qualifications.
This section would direct the President to appoint five U.S.
Commissioners to represent the United States on the Commission.
One Commissioner would be from each of the Department of
Commerce, the Western Pacific Fishery Management Council, and
the Pacific Fishery Management Council. Not more than 2
Commissioners would be appointed from states whose vessels do
not maintain a substantial fishery in the area of the
Convention. Alternate U.S. Commissioners could also be
appointed in the case of a Commissioner's absence.
Section 405. General Advisory Committee and Scientific Advisory
Subcommittee.
This section would direct the Secretary, in consultation with
the Secretary of State, to appoint a General Advisory
Committee, consisting of no more than 25 individuals
representing various groups, including nongovernmental
conservation organizations. Members would be appointed for
three year terms and would be eligible for reappointment. The
Secretary and the Secretary of State would be directed to
provide relevant information and administrative support to the
Committee. This section would also direct the Secretary, in
consultation with the Secretary of State, to appoint a
Scientific Advisory Subcommittee consisting of 5 to 15
qualified scientists.
Section 406. Rulemaking.
This section would direct the Secretary of State to approve
or disapprove bylaws and rules adopted by the Commission and
submitted for approval of the U.S. government. Regulations and
decisions by the Commission requiring the submission of boat
operation records would be put into effect by the Secretary of
Commerce and would apply to all vessels under U.S.
jurisdiction. Regulations carrying out recommendations by the
Commission would be exempt from notice and comment rulemaking
procedures as well as requirements for environmental and
economic analysis. The Secretary of Commerce would set the date
such regulations go into effect. The Secretary of Commerce
would suspend any rules under this section if foreign fishing
operations constitute a threat to the achievement of the
Commission's objectives.
Section 407. Prohibited Acts.
This section would make it unlawful for any person (1) to
violate any provision of this chapter or any regulation or
permit issued under the Tuna Conventions Act of 1950, as
amended by the Antigua Convention Implementing Act of 2008; (2)
to use any fishing vessel for fishing activities after an
applicable permit has been revoked or suspended; (3) to refuse
to permit any authorized officer to board a fishing vessel for
purposes of enforcing the Tuna Conventions Act of 1950, as
amended; (4) to forcibly assault, resist, oppose, impede,
intimidate, sexually harass, bribe, or interfere with an
authorized officer enforcing the Tuna Conventions Act of 1950,
as amended; (5) to resist a lawful arrest for any act
prohibited by the Tuna Conventions Act of 1950, as amended; (6)
to ship, transport, offer for sale, sell, purchase, import,
export, or have custody, control, or possession of, any fish
taken in violation of the Tuna Conventions Act of 1950, as
amended; (7) to interfere with, delay, or prevent the
apprehension, or arrest of another person, knowing that such
person has committed any act prohibited by this section; (8) to
knowingly and willfully submit to the Secretary false
information; (9) to forcibly assault, resist, oppose, impede,
intimidate, sexually harass, bribe, or interfere with any
observer on a vessel; (10) to engage in fishing in violation of
the Tuna Conventions Act of 1950, as amended; (11) to ship,
transport, purchase, sell, offer for sale, import, export, or
have in custody, possession, or control any fish taken in
violation of applicable regulations; (12) to fail to make,
keep, or furnish any catch returns, statistical records, or
other reports as required by the Tuna Conventions Act of 1950,
as amended; (13) to fail to stop a vessel upon being instructed
to stop by an authorized official of the United States; or (14)
to import, in violation of the Tuna Conventions Act of 1950, as
amended, any fish in any form, including tuna not under
regulation but under investigation by the Commission.
Section 408. Enforcement.
This section would enforce the Tuna Conventions Act of 1950,
as amended, under section 101 of the International Fisheries
Stewardship and Enforcement Act.
Section 409. Reduction of Bycatch.
This section would make minor technical corrections.
Section 410. Repeal of Eastern Pacific Tuna Licensing Act of 1984
This section would repeal the Eastern Pacific Tuna Licensing
Act of 1984.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman):
NORTHERN PACIFIC HALIBUT ACT OF 1982
SEC. 7. PROHIBITED ACTS.
[16 U.S.C. 773e]
It is unlawful--
[(a)] (1) for any person subject to the jurisdiction
of the United States--
[(1)] (A) to violate any provision of the
Convention, this Act or any regulation adopted
under this Act;
[(2)] (B) to refuse to permit any enforcement
officer to board a fishing vessel subject to
such person's control for purposes of
conducting any [search or inspection] search,
investigation, or inspection in connection with
the enforcement of the Convention, this Act or
any regulation adopted under this Act;
[(3)] (C) to forcibly assault, resist,
oppose, impede, intimidate or interfere with
any enforcement officer in the conduct of any
[search or inspection] search, investigation,
or inspection described in paragraph (2);
[(4)] (D) to resist a lawful arrest or
detention for any act prohibited by this
section;
[(5)] (E) 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 the Convention, this
Act, or any regulation adopted under this Act;
[or]
[(6)] (F) to interfere with, delay or
prevent, by any means, the apprehension, arrest
or detention of another person, knowing that
such person has committed any act prohibited by
this [section.] section; or
(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.
[(b)] (2) for any foreign fishing vessel, and for the
owner or operator of any foreign fishing vessel, to
engage in fishing for halibut in the fishery
conservation zone, unless such fishing is authorized
by, and conducted in accordance with the Convention,
this Act and regulations adopted under this Act.
[SEC. 3. CIVIL PENATLY; PROCEDURE.
[16 U.S.C. 773f]
[(a) Liability; Continuing Violations; Notice; Determination
of Amount.-- Any person who is found by the Secretary, after
notice and opportunity for a hearing in accordance with section
554 of title 5, United States Code, to have committed an act
prohibited by section 7 shall be liable to the United States
for a civil penalty. The amount of the civil penalty shall not
exceed $200,000 for each violation. Each day of a continuing
violation shall constitute a separate offense. The amount of
such civil penalty shall be assessed by the Secretary, or his
designee, by written notice. In determining the amount of such
penalty, the Secretary shall taken 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 offenses, and such other
matters as justice may require. In assessing such penalty, the
Secretary may also consider any information provided by the
violator relating to the ability of the violator to pay if the
information is provided to the Secretary at least 30 days prior
to an administrative hearing.
[(b) Judicial Review.--Any person against whom a civil
penalty is assessed under subsection (a) may obtain a review
thereof in the appropriate court of the United States by filing
a notice of appeal in such court within 30 days from the date
of such order and by simultaneously sending a copy of such
notice by certified mail to the Secretary and the Attorney
General. The Secretary shall promptly file in such court a
certified copy of the record upon which such violation was
found or such penalty imposed, in accordance with rules
prescribed pursuant to section 2112 of title 28, United States
Code. The findings and order of the Secretary shall be set
aside by such court if they are not found to be supported by
substantial evidence, as provided in section 706(2) of title 5,
United States Code.
[(c) Recovery of Assessed Penalties by Attorney General.--If
any person fails to pay an assessment of a civil penalty after
it has become a final and unappealable order, or after the
appropriate court has entered final judgment in favor of the
Secretary, the Secretary shall refer the matter to the Attorney
General of the United States, who shall recover the amount
assessed in any validity and appropriateness of the final order
imposing the civil penalty shall not be subject to review.
[(d) Compromise, Modification, and Remission of Penalties.--
The Secretary may compromise, modify, or remit, with or without
conditions, any civil penalty which is subject to imposition or
which has been imposed under this section.
[(e) Revocation or suspension of permit.--
[(1) In general.--The Secretary may take any action
described in paragraph (2) in any case in which--
[(A) a vessel has been used in the commission
of any act prohibited under section 7;
[(B) the owner or operator of a vessel or any
other person who has been issued or has applied
for a permit under this Act has acted in
violation of section 7; or
[(C) any amount in settlement of a civil
forfeiture imposed on a vessel or other
property, or any civil penalty or criminal fine
imposed on a vessel or owner or operator of a
vessel or any other person who has been issued
or has applied for a permit under any marine
resource law enforced by the Secretary has not
been paid and is overdue.
[(2) Permit-related actions.--Under the circumstances
described in paragraph (1) the Secretary may--
[(A) revoke any permit issued with respect to
such vessel or person, with or without
prejudice to the issuance of subsequent
permits;
[(B) suspend such permit for a period of time
considered by the Secretary to be appropriate;
[(C) deny such permit; or
[(D) impose additional conditions and
restrictions on any permit issued to or applied
for by such vessel or person under this Act
and, with respect to any foreign fishing
vessel, on the approved application of the
foreign nation involved and on any permit
issued under that application.
[(3) Factors to be considered.--In imposing a
sanction under this subsection, the Secretary shall
take into account--
[(A) the nature, circumstances, extent, and
gravity of the prohibited acts for which the
sanction is imposed; and
[(B) with respect to the violator, the degree
of culpability, any history of prior offenses,
and such other matters as justice may require.
[(4) Transfers of ownership.--Transfer of ownership
of a vessel, a permit, or any interest in a permit, by
sale or otherwise, shall not extinguish any permit
sanction that is in effect or is pending at the time of
transfer of ownership. Before executing the transfer of
ownership of a vessel, permit, or interest in a permit,
by sale or otherwise, the owner shall disclose in
writing to the prospective transferee the existence of
any permit sanction that will be in effect or pending
with respect to the vessel, permit, or interest at the
time of the transfer.
[(5) Reinstatement.--In the case of any permit that
is suspended under this subsection for nonpayment of a
civil penalty, criminal fine, or any amount in
settlement of a civil forfeiture, the Secretary shall
reinstate the permit upon payment of the penalty, fine,
or settlement amount and interest thereon at the
prevailing rate.
[(6) Hearing.--No sanction shall be imposed under
this subsection unless there has been prior opportunity
for a hearing on the facts underlying the violation for
which the sanction is imposed either in conjunction
with a civil penalty proceeding under this section or
otherwise.
[(7) Permit defined.--In this subsection, the term
``permit'' means any license, certificate, approval,
registration, charter, membership, exemption, or other
form of permission issued by the Commission or the
Secretary, and includes any quota share or other
transferable quota issued by the Secretary.]
[SEC. 9. CRIMES AND CRIMINAL PENALTIES.
[16 U.S.C. 773g]
[(a) Offenses.--A person is guilty of any offense if he
commits an act prohibited by section 7(a)(2), (3), (4), or (6);
or section 7(b).
[(b) Fines; Imprisonment.--Any offense described in
subsection (a) is punishable by a fine of not more than
$200,000 or imprisonment for not more than 6 months or both;
except that if in the commission of any offense the person 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 offense is punishable by a fine of not more than
$400,000, or imprisonment for not more than 10 years or both.
[(c) Federal Jurisdiction.--There is Federal jurisdiction
over any offense described in this section.
[SEC. 10. FORFEITURES.
[16 U.S.C. 773h]
[(a) Civil Forfeiture Proceeding.--Any fishing vessel
(including its fishing gear, furniture, appurtenances, stores,
and cargo) used, and any fish taken or retained, in any manner,
in connection with or as a result of the commission of any act
prohibited by section 7 shall be subject to forfeiture to the
United States. All or part of such vessel may, and all such
fish shall, be forfeited to the United States pursuant to a
civil proceeding under this section.
[(b) United States District Court Jurisdiction.--Any district
court of the United States shall have jurisdiction, upon
application by the Attorney General on behalf of the United
States, to order any forfeiture authorized under subsection (a)
and any action provided for under subsection (d).
[(c) Seizure of Forfeited Property.--If a judgment is entered
for the United States in a civil forfeiture proceeding under
this section, the Attorney General may seize any property or
other interest declared forfeited to the United States, which
has not previously been seized pursuant to this Act or for
which security has not previously been obtained under
subsection (d). The provisions of the customs laws relating
to--
[(1) the disposition of forfeited property;
[(2) the proceeds from the sale of forfeited
property;
[(3) the remission or mitigation of forfeitures; and
[(4) the compromise of claims;
shall apply to any forfeiture ordered, and to any case in which
forfeiture is alleged to be authorized, under this section,
unless such provisions are inconsistent with the purposes,
policy, and provisions of this Act. The duties and powers
imposed upon the Commissioner of Customs or other persons under
such provisions shall, with respect to this Act, be performed
by officers or other persons designated for such purpose by the
Secretary.
[(d) Bond or Other Security; Disposal of Seized Fish.--
[(1) Any officer authorized to serve any process in
rem which is issued by a court having jurisdiction
under section 11(d) shall--
[(A) stay the execution of such process; or
[(B) discharge any fish seized pursuant to
such process;
upon the receipt of a satisfactory bond or other
security from any person claiming such property. Such
bond or other security shall be conditioned upon such
person delivering such property to the appropriate
court upon order thereof, without any impairment of its
value, or paying the monetary value of such property
pursuant to an order of such court. Judgment shall be
recoverable on such bond or other security against both
the principal and any sureties in the event that any
condition thereof is breached, as determined by such
court.
[(2) Any fish seized pursuant to this Act may be
disposed of pursuant to the order of a court of
competent jurisdiction or, if perishable, in a manner
prescribed by regulations of the Secretary or the
Secretary of the department in which the Coast Guard is
operating.
[(e) Presumption of Violation.--For purposes of this section,
it shall be a rebuttable presumption that all fish found on
board a fishing vessel which is seized in connection with an
act prohibited by section 7 were taken or retained in violation
of the Convention and this Act.]
SEC. 11. ADMINISTRATION AND ENFORCMENT.
[16 U.S.C. 773i]
(a) Secretary of Commerce and Secretary of Department in
which Coast Guard is Operating.--The Convention, this Act, and
any regulation adopted under this Act, shall be enforced by the
Secretary and the Secretary of the department in which the
Coast Guard is operating. Such Secretaries 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, and of any State
agency, in the performance of such duties.
[(b) Arrest, Search and Inspection, Seizure; Execution of
Warrants and Other Process.--Any officer who is authorized by
the Secretary, the Secretary of the department in which the
Coast Guard is operating, or the head of any Federal or State
agency which has entered into an agreement with such
Secretaries under subsection (a) to enforce the Convention,
this Act or any regulation adopted under this Act may--
[(1) with or without a warrant or other process--
[(A) arrest any person, if he has reasonable
cause to believe that such person has committed
an act prohibited by section 7;
[(B) board, and search or inspect, any
fishing vessel which is subject to this Act;
[(C) at reasonable times enter, search or
inspect, shoreside facilities in which fish
taken subject to this Act are processed, packed
or held;
[(D) seize any fishing vessel (together with
its fishing gear, furniture, appurtenances,
stores, and cargo) used or employed in, or with
respect to which it reasonably appears that
such vessel was used or employed in, an act
prohibited by section 7;
[(E) seize any fish (wherever found) taken or
retained in the course of an act prohibited by
section 7, or the proceeds of the sale of such
fish; and
[(F) seize any other evidence related to an
act prohibited by section 7;
[(2) execute any warrant or other process issued by
any court of competent jurisdiction; and
[(3) exercise any other lawful authority.
[(c) Citation of Owner or Operator of Offending Vessel.--If
any officer authorized to enforce this Act (as provided for in
this section) finds that a fishing vessel is operating or has
been operated in the commission of an act prohibited by section
7, such officer may, in accordance with regulations issued
jointly by the Secretary and the Secretary of the department in
which the Coast Guard is operating, issue a citation to the
owner or operator of such vessel in lieu of proceeding under
subsection (b). If a permit has been issued pursuant to this
Act for such vessel, such officer shall note the issuance of
any citation under this subsection, including the date thereof
and the reason therefor, on the permit. The Secretary shall
maintain a record of all citations issued pursuant to this
subsection.
[(d) United States District Court Jurisdiction.--The district
courts of the United States shall have exclusive jurisdiction
over any case or controversy arising under this Act. Any such
court may, at any time--
[(1) enter restraining orders or prohibitions;
[(2) issue warrants, process in rem or other process;
[(3) prescribe and accept satisfactory bonds or other
security; and
[(4) take such other actions as are in the interest
of justice.
[(e) Witnesses; Records and Files.--When requested by the
appropriate authorities of Canada, officers or employees of the
Coast Guard, the National Oceanic and Atmospheric
Administration or any other agency of the United States may be
directed to attend as a witness, and to produce such available
records and files or duly certified copies thereof as may be
necessary for the prosecution in Canada of any violation of the
Convention or any Canadian law relating to the enforcement
thereof.
[(f) Investigations by Secretary of Commerce; Powers;
Process.--
[(1) In cooperation with such other agencies as may
be appropriate, the Secretary may conduct or cause to
be conducted such law enforcement investigations as are
deemed necessary to carry out the purposes of this Act.
[(2) For the purpose of all investigations which, in
the opinion of the Secretary, are necessary and proper
for the enforcement of this Act, the Secretary or any
officer designated by him is empowered to administer
oaths and affirmations, subpena witnesses, take
evidence, and require the production of any books,
papers, or other documents which the Secretary deems
relevant or material to the inquiry. Such attendance of
witnesses and the production of such documentary
evidence may be required from any place in the United
States at any designated place or hearing.
[(3) Process of the Secretary may be served by anyone
duly authorized by him either--
[(A) by delivering a copy thereof to the
individual to be served, or to a member of the
partnership to be served, or the president,
secretary, or other executive officer or a
director of the corporation to be served; or
the agent designated for service of process;
[(B) by leaving a copy thereof at the
residence or the principal office or place of
business of such individual, partnership, or
corporation; or
[(C) by mailing a copy thereof by registered
or certified mail addressed to such individual,
partnership, or corporation at his or its
residence or principal office or place of
business. The verified return by the individual
so serving such complaint, order, or other
process setting forth the manner of service
shall be proof of same, and the returned post
office receipt for such complaint, order, or
other process mailed by registered or certified
mail shall be proof of the service of the
same.]
(b) Administration and Enforcement.--This Act shall be
enforced under section 101 of the International Fisheries
Stewardship and Enforcement Act.
TUNA CONVENTIONS ACT OF 1950
[SEC. 2. DEFINITIONS.
[16 U.S.C. 951]
[As used in this Act, the term--
[(a) ``convention'' includes (1) the Convention for
the Establishment of an International Commission for
the Scientific Investigation of Tuna, signed at Mexico
City January 25, 1949, by the United States of America
and the United Mexican States, (2) 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, or both such conventions, as the context
requires;
[(b) ``commission'' includes (1) the International
Commission for the Scientific Investigation of Tuna,
(2) the Inter-American Tropical Tuna Commission
provided for by the conventions referred to in
subsection (a) of this section, or both such
commissions, as the context requires;
[(c) ``United States Commissioners'' means the
members of the commissions referred to in subsection
(b) of this section representing the United States of
America and appointed pursuant to the terms of the
pertinent convention and section 3 of this Act;
[(d) ``person'' means every individual, partnership,
corporation, and association subject to the
jurisdiction of the United States; and
[(e) ``United States'' shall include all areas under
the sovereignty of the United States, the Trust
Territory of the Pacific Islands, and the Canal Zone.]
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. 3. COMMISSIONERS; NUMBER; APPOINTMENT; QUALIFICATION.
[16 U.S.C. 952]
[The United States shall be represented on the two
commissions by a total of not more than four United States
Commissioners, who shall be appointed by the President, serve
as such during his pleasure, and receive no compensation for
their services as such Commissioners. Individuals serving as
such Commissioners shall not be considered to be Federal
employees while performing such service, except for purposes of
injury compensation or tort claims liability as provided in
chapter 81 of title 5, United States Code, and chapter 171 of
title 28, United States Code. Of such Commissioners--
[(a) not more than one shall be a person residing
elsewhere than in a State whose vessels maintain a
substantial fishery in the areas of the conventions;
[(b) at least one of the Commissioners who are such
legal residents shall be a person chosen from the
public at large, and who is not a salaried employee of
a State or of the Federal Government;
[(c) at least one shall be either the Administrator,
or an appropriate officer, of the National Marine
Fisheries Service; and
[(d) at least one shall be chosen from a
nongovernmental conservation organization.]
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. 4. GENERAL ADVISORY COMMITTEE AND SCIENTIFIC ADVISORY
SUBCOMMITTEE.
[16 U.S.C. 953]
[(a) Appointments; Public Participation; Compensation.--The
Secretary, in consultation with the United States
Commissioners, shall--
[(1) appoint a General Advisory Committee which shall
be composed of not less than 5 nor more than 15 persons
with balanced representation from the various groups
participating in the fisheries included under the
conventions, and from nongovernmental conservation
organizations;
[(2) appoint a Scientific Advisory Subcommittee which
shall be composed of not less than 5 nor more than 15
qualified scientists with balanced representation from
the public and private sectors, including
nongovernmental conservation organizations;
[(3) establish procedures to provide for appropriate
public participation and public meetings and to provide
for the confidentiality of confidential business data;
and
[(4) fix the terms of office of the members of the
General Advisory Committee and Scientific Advisory
Subcommittee, who shall receive no compensation for
their services as such members.]
(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.
[(b) Functions.--
[(1) General advisory committee.--The General
Advisory Committee shall be invited to have
representatives attend all nonexecutive meetings of the
United States sections and shall be given full
opportunity to examine and to be heard on all proposed
programs of investigations, reports, recommendations,
and regulations of the Commission. The General Advisory
Committee may attend all meetings of the international
commissions to which they are invited by such
commissions.]
(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.
(2) Scientific Advisory Subcommittee.--
(A) Advice.--The Scientific Advisory Subcommittee
shall advise the General Advisory Committee and the
Commissioners on matters including--
(i) the conservation of ecosystems;
(ii) the sustainable uses of living marine
resources related to the tuna fishery in the
eastern Pacific Ocean; and
(iii) the long-term conservation and
management of stocks of living marine resources
in the eastern tropical Pacific Ocean.
(B) Other functions and assistance.--The Scientific
Advisory Subcommittee shall, as requested by the
General Advisory Committee, the United States
Commissioners, or the Secretary, perform functions and
provide assistance required by formal agreements
entered into by the United States for this fishery,
including the International Dolphin Conservation
Program. These functions may include--
(i) the review of data from the Program,
including data received from the Inter-American
Tropical Tuna Commission;
(ii) recommendations on research needs,
including ecosystems, fishing practices, and
gear technology research, including the
development and use of selective,
environmentally safe and cost-effective fishing
gear, and on the coordination and facilitation
of such research;
(iii) recommendations concerning scientific
reviews and assessments required under the
Program and engaging, as appropriate, in such
reviews and assessments;
(iv) consulting with other experts as needed;
and
(v) recommending measures to assure the
regular and timely full exchange of data among
the parties to the Program and each nation's
National Scientific Advisory Committee (or its
equivalent).
(3) Attendance at Meetings.--The Scientific Advisory
Subcommittee shall be invited to have representatives attend
all nonexecutive meetings of the United States sections and the
General Advisory Subcommittee and shall be given full
opportunity to examine and to be heard on all proposed programs
of scientific investigation, scientific reports, and scientific
recommendations of the commission. Representatives of the
Scientific Advisory Subcommittee may attend meetings of the
Inter-American Tropical Tuna Commission in accordance with the
rules of such Commission.
[SEC. 6. SECRETARY OF STATE TO ACT FOR UNITED STATES.]
SEC. 6. RULEMAKING.
[16 U.S.C. 955]
[(a) Approval of Commission Bylaws and Rules; Action on
Reports, Requests, and Recommendations.--The Secretary of State
is authorized to approve or disapprove, on behalf of the United
States Government, bylaws and rules, or amendments thereof,
adopted by each commission and submitted for approval of the
United States Government in accordance with the provisions of
the conventions, and, with the concurrence of the Secretary of
the Interior, to approve or disapprove the general annual
programs of the commissions. The Secretary of State is further
authorized to receive, on behalf of the United States
Government, reports, requests, recommendations, and other
communications of the commissions, and to take appropriate
action thereon either directly or by reference to the
appropriate authority.
[(b) Regulations.--Regulations recommended by each commission
pursuant to the convention requiring the submission to the
commission of records of operations by boat captains or other
persons who participate in the fisheries covered by the
convention, upon the concurrent approval of the Secretary of
State and the Secretary of the Interior, shall be promulgated
by the latter and upon publication in the Federal Register,
shall be applicable to all vessels and persons subject to the
jurisdiction of the United States.]
(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.
(c) Rulemaking Procedures; Prohibitions.--Regulations
required to carry out recommendations of the commission made
pursuant to paragraph 5 of article II of the Convention for the
Establishment of an Inter-American Tropical Tuna Commission
shall be promulgated as hereinafter provided by the Secretary
of the Interior upon approval of such recommendations by the
Secretary of State and the Secretary of the Interior. The
Secretary of the Interior shall cause to be published in the
Federal Register a general notice of proposed rulemaking and
shall afford interested persons an opportunity to participate
in the rulemaking through (1) submission of written data,
views, or arguments, and (2) oral presentation at a public
hearing. Such regulations shall be published in the Federal
Register and shall be accompanied by a statement of the
considerations involved in the issuance of the regulations.
After publication in the Federal Register such regulations
shall be applicable to all vessels and persons subject to the
jurisdiction of the United States on such date as the Secretary
of the Interior shall prescribe, but in no event prior to an
agreed date for the application by all countries whose vessels
engage in fishing for species covered by the convention in the
regulatory area on a meaningful scale, in terms of effect upon
the success of the conservation program, of effective measures
for the implementation of the commission's recommendation
applicable to all vessels and persons subject to their
respective jurisdictions. The Secretary of the Interior shall
suspend at any time the application of any such regulations
when, after consultation with the Secretary of State and the
United States Commissioners, he determines that foreign fishing
operations in the regulatory area are such as to constitute a
serious threat to the achievement of the objectives of the
commission's recommendations. The regulations thus promulgated
may include the selection for regulation of one or more of the
species covered by the convention; the division of the
convention waters into areas; the establishment of one more
open or closed seasons as to each area; the limitation of the
size of the fish and quantity of the catch which may be taken
from each area within any season during which fishing is
allowed; the limitation or prohibition of the incidental catch
of a regulated species which may be retained, taken, possessed,
or landed by vessels or persons fishing for other species of
fish; the requiring of such clearance certificates for vessels
as may be necessary to carry out the purposes of the convention
and this Act; and such other measures incidental thereto as the
Secretary of the Interior may deem necessary to implement the
recommendations of the commission: Provided, That upon the
promulgation of any such regulations the Secretary of the
Interior shall promulgate additional regulations, with the
concurrence of the Secretary of State, which shall become
effective simultaneously with the application of the
regulations hereinbefore referred to (1) to prohibit the entry
into the United States, from any country when the vessels of
such country are being used in the conduct of fishing
operations in the regulatory area in such manner or in such
circumstances as would tend to diminish the effectiveness of
the conservation recommendations of the commission, of fish in
any form of those species which are subject to regulation
pursuant to a recommendation of the commission and which were
taken from the regulatory area; and (2) to prohibit entry into
the United States, from any country, of fish in any form of
those species which are subject to regulation pursuant to a
recommendation of the commission and which were taken from the
regulatory area by vessels other than those of such country in
such manner or in such circumstances as would tend to diminish
the effectiveness of the conservation recommendations of the
commission. In the case of repeated and flagrant fishing
operations in the regulatory area by the vessels of any country
which seriously threaten the achievement of the objectives of
the commission's recommendations, the Secretary of the
Interior, with the concurrence of the Secretary of State, may,
in his discretion, also prohibit the entry from such country of
such other species of tuna, in any form, as may be under
investigation by the commission and which were taken in the
regulatory area. The aforesaid prohibitions shall continue
until the Secretary of the Interior is satisfied that the
condition warranting the prohibition no longer exists, except
that all fish in any form of the species under regulation which
were previously prohibited from entry shall continue to be
prohibited from entry.
[SEC. 8. VIOLATIONS; FINES AND FORFEITURES; APPLICATION OF RELATED
LAWS.
[16 U.S.C. 957]
[(a) It shall be unlawful for any master or other person in
charge of a fishing vessel of the United States to engage in
fishing in violation of any regulation adopted pursuant to
section 6(c) of this Act, or for any person knowingly 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 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.
[(b) It shall be unlawful for the master or any person in
charge of any fishing vessel of the United States or any person
on board such vessel 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; or to fail to stop upon being hailed
by a duly authorized official of the United States; or to
refuse to permit the duly authorized officials of the United
States or authorized officials of the commissions to board such
vessel or inspect its catch, equipment, books, documents,
records, or other articles or question the persons on board in
accordance with the provisions of this Act, or the convention,
as the case may be.
[(c) It shall be unlawful for any person to import, in
violation of any regulation adopted pursuant to section 6(c) of
this Act, from any country, any fish in any form of those
species subject to regulation pursuant to a recommendation 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. In the case of any fish
as described in this subsection offered for entry into the
United States, the Secretary of the Interior shall require
proof satisfactory to him that such fish is not ineligible for
such entry under the terms of section 6(c) of this Act.
[(d) Any person violating any provision of subsection (a) of
this section shall be fined not more than $25,000, and for a
subsequent violation of any provisions of said subsection (a)
shall be fined not more than $50,000.
[(e) Any person violating any provision of subsection (b) of
this section shall be fined not more than $1,000, and for a
subsequent violation of any provision of subsection (b) shall
be fined not more than $5,000.
[(f) Any person violating any provision of subsection (c) of
this section shall be fined not more than $100,000.
[(g) All fish taken or retained in violation of subsection
(a) of this section, or the monetary value thereof, may be
forfeited.
[(h) All provisions of law relating to the seizure, judicial
forfeiture, and condemnation of a cargo for violation of the
customs laws, the disposition of such cargo or the proceeds
from the sale thereof, and the remission or mitigation of such
forfeitures shall apply to seizures and forfeitures incurred,
or alleged to have been incurred, under the provisions of this
Act, insofar as such provisions of law are applicable and not
inconsistent with the provisions of this Act.
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. 10. ENFORCEMENT.
[16 U.S.C. 959]
[(a) Issuance of Process.--The judges of the United States
district courts and United States commissioners may, within
their respective jurisdictions, upon proper oath or affirmation
showing probable cause, issue such warrants or other process as
may be required for enforcement of this Act and the regulations
issued pursuant thereto.
[(b) Federal Law Enforcement Agents.--Enforcement of the
provisions of this Act and the regulations issued pursuant
thereto shall be the joint responsibility of the United States
Coast Guard, the United States Department of the Interior, and
the United States Bureau of Customs. In addition, the Secretary
of the Interior may designate officers and employees of the
States of the United States, of the Commonwealth of Puerto
Rico, and of American Samoa to carry out enforcement activities
hereunder. When so designated, such officers and employees are
authorized to function as Federal law enforcement agents for
these purposes.
[(c) Execution of Process.--Any person authorized to carry
out enforcement activities hereunder shall have the power to
execute any warrant or process issued by any officer or court
of competent jurisdiction for the enforcement of this Act.
[(d) Arrests.--Such person so authorized shall have the
power--
[(1) with or without a warrant or other process, to
arrest any persons subject to the jurisdiction of the
United States at any place within the jurisdiction of
the United States committing in his presence or view a
violation of this Act or the regulations issued
thereunder;
[(2) with or without a warrant or other process, to
search any vessel subject to the jurisdiction of the
United States, and, if as a result of such search he
has reasonable cause to believe that such vessel or any
person on board is engaging in operations in violation
of the provisions of this Act or the regulations issued
thereunder, then to arrest such person.
[(e) Seizures and Disposition of Fish.--Such person so
authorized may seize, whenever and wherever lawfully found, all
fish taken or retained in violation of the provisions of this
Act or the regulations issued pursuant thereto. Any fish so
seized may be disposed of pursuant to the order of a court of
competent jurisdiction, pursuant to the provisions of
subsection (f) of this section or, if perishable, in a manner
prescribed by regulations of the Secretary of the Interior.
[(f) Security.--Notwithstanding the provisions of section
2464 of title 28 of the United States Code, when a warrant of
arrest or other process in rem is issued in any cause under
this section, the marshal or other officer shall stay the
execution of such process, or discharge any fish seized if the
process has been levied, on receiving from the claimant of the
fish a bond or stipulation for the value of the property with
sufficient surety to be approved by a judge of the district
court having jurisdiction of the offense, conditioned to
deliver the fish seized, if condemned, without impairment in
value or, in the discretion of the court, to pay its equivalent
value in money or otherwise to answer the decree of the court
in such cause. Such bond or stipulation shall be returned to
the court and judgment thereon against both the principal and
sureties may be recovered in event of any breach of the
conditions thereof as determined by the court. In the
discretion of the accused, and subject to the direction of the
court, the fish may be sold for not less than its reasonable
market value and the proceeds of such sale placed in the
registry of the court pending judgment in the case.]
SEC. 10. ENFORCEMENT.
This Act shall be enforced under section 101 of the
International Fisheries Stewardship and Enforcement Act.
SEC. 15. REDUCTION OF BYCATCH IN THE EASTERN TROPICAL PACIFIC OCEAN.
[16 U.S.C. 962]
The Secretary of State, in consultation with the Secretary of
Commerce and acting through the United States Commissioners,
shall seek, in cooperation with other nations whose [vessel]
vessels fish for tuna in the eastern tropical Pacific Ocean, to
establish standards and measures for a bycatch reduction
program for vessels fishing for yellowfin tuna in the eastern
tropical Pacific Ocean. The bycatch reduction program shall
include measures--
(1) to require, to the maximum extent practicable,
that sea turtles and other threatened species and
endangered species are released alive;
(2) to reduce, to the maximum extent practicable, the
harvest of nontarget species;
(3) to reduce, to the maximum extent practicable, the
mortality of nontarget species; and
(4) to reduce, to the maximum extent practicable, the
mortality of juveniles of the target species.
ATLANTIC TUNAS CONVENTION ACT OF 1975
SEC. 6. ADMINISTRATION.
[16 U.S.C. 971d]
(a) Regulations; Cooperation with Other Parties to
Convention; utilization of personnel, services, and facilities
for enforcement.--The Secretary is authorized and directed to
administer and enforce all of the provisions of the Convention,
this Act, and regulations issued pursuant thereto, except to
the extent otherwise provided for in this Act. In carrying out
such functions the Secretary is authorized and directed to
adopt such regulations as may be necessary to carry out the
purposes and objectives of the Convention and this Act, and
with the concurrence of the Secretary of State, he may
cooperate with the duly authorized officials of the government
of any party to the Convention. In addition, the Secretary may
utilize, with the concurrence of the Secretary of the
department in which the Coast Guard is operating insofar as
such utilization involves enforcement at sea, with or without
reimbursement and by agreement with any other Federal
department or agency, or with any agency of any State, the
personnel, services, and facilities of that agency for
enforcement purposes with respect to any vessel in the
exclusive economic zone, or wherever found, with respect to any
vessel documented under the laws of the United States, and any
vessel numbered or otherwise licensed under the laws of any
State. When so utilized, such personnel of the States of the
United States are authorized to function as Federal law
enforcement agents for these purposes, but they shall not be
held and considered as employees of the United States for the
purposes of any laws administered by the Civil Service
Commission.
(b) Primary Enforcement Responsibility.--Enforcement
activities at sea under the provisions of this Act for fishing
vessels subject to the jurisdiction of the United States shall
be primarily the responsibility of the Secretary of the
department in which the Coast Guard is operating, in
cooperation with the Secretary and the United States Customs
Service. The Secretary after consultation with the Secretary of
the department in which the Coast Guard is operating, shall
adopt such regulations as may be necessary to provide for
procedures and methods of enforcement pursuant to article IX of
the Convention.
(c) Regulations and Other Measures To Carry Out Commission
Recommendations.--
(1)(A) Upon favorable action by the Secretary of
State under section 5(a) of this Act on any
recommendation of the Commission made pursuant to
article VIII of the Convention, the Secretary shall
promulgate, pursuant to this subsection, such
regulations as may be necessary and appropriate to
carry out such recommendation.
(B) Not later than June 30, 1991, the Secretary shall
promulgate any additional regulations necessary to
ensure that the United States is in full compliance
with all recommendations made by the Commission that
have been accepted by the United States and with other
agreements under the Convention between the United
States and any nation which is a party to the
Convention.
(C) Regulations promulgated under this paragraph
shall, to the extent practicable, be consistent with
fishery management plans prepared and implemented under
the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.).
(2)(A) To promulgate regulations referred to in
paragraph (1) of this subsection, the Secretary shall
publish in the Federal Register a general notice of
proposed rulemaking and shall afford interested persons
an opportunity to participate in the rulemaking through
[(A) submission] the presentation of written data,
views, or [arguments, and (B) oral presentation at a
public hearing. Such] written or oral statements at a
public hearing. After consideration of such
presentations, the regulations shall be published in
the Federal Register and shall be accompanied by a
statement of the considerations involved in the
issuance of the regulations, and by a statement, based
on inquiries and investigations, assessing the nature
and effectiveness of the measures for the
implementation of the Commission's recommendations
which are being or will be carried out by countries
whose vessels engage in fishing the species subject to
such recommendations within the waters to which the
Convention applies. After publication in the Federal
Register, such regulations shall be applicable to all
vessels and persons subject to the jurisdiction of the
United States on such date as the Secretary shall
prescribe. The Secretary shall suspend at any time the
application of any such regulation when, after
consultation with the Secretary of State and the United
States Commissioners, he determines that fishing
operations in the Convention area of a contracting
party for whom the regulations are effective are such
as to constitute a serious threat to the achievement of
the Commission's recommendations.
(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.
(3) The regulations required to be promulgated under
paragraph (1) of this subsection may--
(A) select for regulation one or more of the
species covered by the Convention;
(B) divide the Convention waters into areas;
(C) establish one or more open or closed
seasons as to each such area;
(D) limit the size of the fish and quantity
of the catch which may be taken from each area
within any season during which fishing is
allowed;
(E) limit or prohibit the incidental catch of
a regulated species which may be retained,
taken, possessed, or landed by vessels or
persons fishing for other species of fish;
(F) require records of operations to be kept
by any master or other person in charge of any
fishing vessel;
(G) require such clearance certificates for
vessels as may be necessary to carry out the
purposes of the Convention and this Act;
(H) require proof satisfactory to the
Secretary that any fish subject to regulation
pursuant to a recommendation of the Commission
offered for entry into the United States has
not been taken or retained contrary to the
recommendations of the Commission made pursuant
to article VIII of the Convention which have
been adopted as regulations pursuant to this
section;
(I) require any commercial or recreational
fisherman to obtain a permit from the Secretary
and report the quantity of the catch of a
regulated species;
(J) require that observers be carried aboard
fishing vessels for the purpose of providing
statistically reliable scientific data; and
(K) impose such other requirements and
provide for such other measures as the
Secretary may determine necessary to implement
any recommendation of the Convention or to
obtain scientific data necessary to accomplish
the purpose of the Convention;
except that no regulation promulgated under this
section may have the effect of increasing or decreasing
any allocation or quota of fish or fishing mortality
level to the United States agreed to pursuant to a
recommendation of the Commission.
(4) Upon the promulgation of regulations provided for
in paragraph (3) of this subsection, the Secretary
shall promulgate, with the concurrence of the Secretary
of State and pursuant to the procedures prescribed in
paragraph (2) of this subsection, additional
regulations which shall become effective simultaneously
with the application of the regulations provided for in
paragraph (3) of this subsection, which prohibit--
(A) the entry into the United States of fish
in any form of those species which are subject
to regulation pursuant to a recommendation of
the Commission and which were taken from the
Convention area in such manner or in such
circumstances as would tend to diminish the
effectiveness of the conservation
recommendations of the Commission; and
(B) the entry into the United States, from
any country when the vessels of such country
are being used in the conduct of fishing
operations in the Convention area in such
manner or in such circumstances as would tend
to diminish the effectiveness of the
conservation recommendations of the Commission,
of fish in any form of those species which are
subject to regulation pursuant to a
recommendation of the Commission and which were
taken from the Convention area.
(5) In the case of repeated and flagrant fishing
operations in the Convention area by the vessels of any
country which seriously threaten the achievement of the
objectives of the Commission's recommendations, the
Secretary with the concurrence of the Secretary of
State, may by regulations promulgated pursuant to
paragraph (2) of this subsection prohibit the entry in
any form from such country of other species covered by
the Convention as may be under investigation by the
Commission and which were taken in the Convention area.
Any such prohibition shall continue until the Secretary
is satisfied that the condition warranting the
prohibition no longer exists, except that all fish in
any form of the species under regulation which were
previously prohibited from entry shall continue to be
prohibited from entry.
(6) Identification and notification.--
(A) Not later than July 1, 1996, and annually
thereafter, the Secretary, in consultation with
the Secretary of State, the Commissioners, and
the advisory committee, shall--
(i) identify those nations whose
fishing vessels are fishing, or have
fished during the preceding calendar
year, within the convention area in a
manner or under circumstances that
diminish the effectiveness of a
conservation recommendation;
(ii) notify the President and the
nation so identified, including an
explanation of the reasons therefor;
and
(iii) publish a list of those Nations
identified under clause (i).
(B) In identifying those Nations, the
Secretary shall consider, based on the best
available information, whether those Nations
have measures in place for reporting,
monitoring, and enforcement, and whether those
measures diminish the effectiveness of any
conservation recommendation.
(7) Consultation.--Not later than 30 days after a
Nation is notified under paragraph (6), the President
may enter into consultations with the Government of
that Nation for the purpose of obtaining an agreement
that will--
(A) effect the immediate termination and
prevent the resumption of any fishing operation
by vessels of that Nation within the Convention
area which is conducted in a manner or under
circumstances that diminish the effectiveness
of the conservation recommendation;
(B) when practicable, require actions by that
Nation, or vessels of that Nation, to mitigate
the negative impacts of fishing operations on
the effectiveness of the conservation
recommendation involved, including but not
limited to, the imposition of subsequent-year
deductions for quota overages; and
(C) result in the establishment, if
necessary, by such Nation of reporting,
monitoring, and enforcement measures that are
adequate to ensure the effectiveness of
conservation recommendations.
(d) Commission Recommendations Concerning Large-scale
Driftnet Fishing and Conservation of Atlantic Awordfish.--
(1) It is the sense of the Congress that the
Secretary, in consultation with the Secretary of State,
should seek support for a recommendation by the
Commission to ban large-scale driftnet fishing (as that
term is defined in section 3(16) of the Magnuson-
Stevens Fishery Conservation and Management Act) in the
Convention area.
(2) The Secretary, in consultation with the Secretary
of State, shall request the Commission to adopt
recommendations necessary for the conservation and
management of Atlantic swordfish. In making the
request, the Secretary shall seek the establishment of
an international minimum harvest size and a reduction
in harvest levels to the extent necessary to conserve
the stock. Until the Commission adopts all the
conservation and management measures requested by the
Secretary, the Secretary, within 3 months after each
annual meeting of the Commission, shall notify Congress
as to the nature and results of his request. These
notifications shall identify those nations not acting
to conserve and manage Atlantic swordfish, and
recommend measures which could be taken to achieve
effective international conservation and management of
the stock.
SEC. 7. VIOLATIONS; FINES AND FORFEITURES; RELATED LAWS.
[16 U.S.C. 971e]
(a) In General.--It shall be unlawful--
(1) for any person in charge of a fishing vessel or
any fishing vessel subject to the jurisdiction of the
United States to engage in fishing in violation of any
regulation adopted pursuant to section 6 of this Act;
or
(2) for any person subject to the jurisdiction of the
United States to ship, transport, purchase, sell, offer
for sale, import, export, or have in custody,
possession, or control any fish which he knows, or
should have known, were taken or retained contrary to
the recommendations of the Commission made pursuant to
article VIII of the Convention and adopted as
regulations pursuant to section 6 of this Act, without
regard to the citizenship of the person or vessel which
took the fish.
(b) Failure To Furnish Returns, Records, or Reports.--It
shall be unlawful for the master or any person in charge of any
fishing vessel subject to the jurisdiction of the United States
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 by such master or person.
(c) Refusal of Request to Board and Inspect Vessel.--It shall
be unlawful for the master or any person in charge of any
fishing vessel subject to the jurisdiction of the United States
to refuse to permit any person authorized to enforce the
provisions of this Act and any regulations adopted pursuant
thereto, to board such vessel and inspect its catch, equipment,
books, documents, records, or other articles or question the
persons onboard in accordance with the provisions of this Act,
or the Convention, as the case may be, or to obstruct such
officials in the execution of such duties.
(d) Importation of Ineligible Species or Species Under
Investigation.--It shall be unlawful for any person to import,
in violation of any regulation adopted pursuant to section 6(c)
or (d) of this Act, from any country, any fish in any form of
those species subject to regulation pursuant to a
recommendation of the Commission, or any fish 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) or (d) of this
Act. In the case of any fish as described in this subsection
offered for entry in the United States, the Secretary shall
require proof satisfactory to him that such fish is not
ineligible for such entry under the terms of section 6(c) or
(d) of this Act.
[(e) Sanctions.--The civil penalty and permit sanctions of
section 308 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1858) are hereby made applicable to
violations of this section as if they were violations of
section 307 of that Act.
[(f) Forfeiture.--All fish taken or retained in violation of
subsection (a) of this section, or the monetary value thereof,
may be forfeited.]
(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.
[(g)] (f) Applicability of Other Laws.--All provisions of law
relating to the seizure, judicial forfeiture, and condemnation
of a cargo for violation of the customs laws, the disposition
of such cargo or the proceeds from the sale thereof, and the
remission or mitigation of such forfeitures shall apply to
seizures and forfeitures incurred, or alleged to have been
incurred, under the provisions of this Act, insofar as such
provisions of law are applicable and not inconsistent with the
provisions of this Act.
SEC. 8. ENFORCEMENT.
[16 U.S.C. 971f]
[(a) Particular Powers.--Any person authorized in accordance
with the provisions of this Act to enforce the provisions of
this Act and the regulations issued thereunder may--
[(1) with or without a warrant, board any vessel
subject to the jurisdiction of the United States and
inspect such vessel and its catch and, if as a result
of such inspection, he has reasonable cause to believe
that such vessel or any person on board is engaging in
operations in violation of this Act or any regulations
issued thereunder, he may, with or without a warrant or
other process, arrest such person;
[(2) arrest, with or without a warrant, any person
who violates the provisions of this Act or any
regulation issued thereunder in his presence or view;
[(3) execute any warrant or other process issued by
an officer or court of competent jurisdiction; and
[(4) seize, whenever and wherever lawfully found, all
fish taken or retained by a vessel subject to the
jurisdiction of the United States in violation of the
provisions of this Act or any regulations issued
pursuant thereto. Any fish so seized may be disposed of
pursuant to an order of a court of competent
jurisdiction, or, if perishable, in a manner prescribed
by regulation of the Secretary.]
[(b) International Enforcement.--]This Act shall be enforced
under section 101 of the International Fisheries Stewardship
and Enforcement Act. To the extent authorized under the
convention or by agreements between the United States and any
contracting party concluded pursuant to section 5(b) of this
Act for international enforcement, the duly authorized
officials of such party [shall have the authority to carry out
the enforcement activities specified in section 8(a) of this
Act] shall enforce this Act with respect to persons or vessels
subject to the jurisdiction of the United States, and the
officials of the United States authorized pursuant to this
section [shall have the authority to carry out the enforcement
activities specified in section 8(a) of this Act] shall enforce
this Act with respect to persons or vessels subject to the
jurisdiction of such party, except that where any agreement
provides for arrest or seizure of persons or vessels under
United States jurisdiction it shall also provide that the
person or vessel arrested or seized shall be promptly handed
over to a United States enforcement officer or another
authorized United States official.
[(c) Bonds or Stipulations.--Notwithstanding the provisions
of section 2464 of title 28, United States Code, when a warrant
of arrest or other process in rem is issued in any cause under
this section, the marshal or other officer shall stay the
execution of such process, or discharge any fish seized if the
process has been levied, on receiving from the claimant of the
fish a bond or stipulation for the value of the property with
sufficient surety to be approved by a judge of the district
court having jurisdiction of the offense, conditioned to
deliver the fish seized, if condemned, without impairment in
value or, in the discretion of the court, to pay its equivalent
value in money or otherwise to answer the decree of the court
in such cause. Such bond or stipulation shall be returned to
the court and judgment thereon against both the principal and
sureties may be recovered in event of any breach of the
conditions thereof as determined by the court. In the
discretion of the accused, and subject to the direction of the
court, the fish may be sold for not less than its reasonable
market value at the time of seizure and the proceeds of such
sale placed in the registry of the court pending judgment in
the case.]
[SEC. 11. ANNUAL REPORT.
[16 U.S.C. 971j]
[Not later than April 1, 1996, and annually thereafter, the
Secretary shall prepare and transmit to the Committee on
Resources of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report,
that--
[(1) details for the previous 10-year period the
catches and exports to the United States of highly
migratory species (including tunas, swordfish, marlin
and sharks) from Nations fishing on Atlantic stocks of
such species that are subject to management by the
Commission;
[(2) identifies those fishing Nations whose harvests
are inconsistent with conservation and management
recommendations of the Commission;
[(3) describes reporting requirements established by
the Secretary to ensure that imported fish products are
in compliance with all international management
measures, including minimum size requirements,
established by the Commission and other international
fishery organizations to which the United States is a
party; and
[(4) describes actions taken by the Secretary under
section 6.]
[EASTERN PACIFIC TUNA LICENSING ACT OF 1984
[SECTION 1. SHORT TITLE.
[This Act may be cited as the ``Eastern Pacific Tuna
Licensing Act of 1984''.
[SEC. 2. DEFINITIONS.
[16 U.S.C. 972]
[As used in this Act--
[(1) The term ``Agreement'' means the Eastern Pacific
Ocean Tuna Fishing Agreement, signed in San Jose, Coast
Rica, March 15, 1983.
[(2) The term ``Agreement Area'' means the area
within a perimeter determined as follows: From the
point on the mainland where the parallel of 40 degrees
north latitude intersects the coast westward along the
parallel of 40 degrees north latitude to 40 degrees
north latitude by 125 degrees west longitude, thence
southerly along the meridian of 125 degrees west
longitude to 20 degrees north latitude by 125 degrees
west longitude, thence easterly along the parallel of
20 degrees north latitude to 20 degrees north latitude
by 120 degrees west longitude, thence southerly along
the meridian of 120 degrees west longitude to 5 degrees
north latitude by 120 degrees west longitude, thence
easterly along the parallel of 5 degrees north latitude
to 5 degrees north latitude by 110 degrees west
longitude, thence southerly along the meridian of 110
degrees west longitude to 10 degrees south latitude by
110 degrees west longitude, thence easterly along the
parallel of 10 degrees south latitude to 10 degrees
south latitude by 90 degrees west longitude, thence
southerly along the meridian of 90 degrees west
longitude to 30 degrees south latitude by 90 degrees
west longitude, thence easterly along the parallel of
30 degrees south latitude to the point on the mainland
where the parallel intersects the coast; but the
Agreement Area does not include the zones within twelve
nautical miles of the baseline from which the breadth
of territorial sea is measured and the zones within two
hundred nautical miles of the baselines of Coastal
States not signatories to the Agreement, measured from
the same baseline.
[(3) The term ``designated species of tuna'' means
yellowfin tuna, Thunnus albacares (Bonnaterre, 1788);
bigeye tuna, Thunnus obesus (Lowe, 1839); albacore
tuna, thunnus alalunga (Bonnaterre, 1788); northern
bluefin tuna, Thunnus thynnus (Linnaeus, 1758);
southern bluefin tuna, Thunnus maccoyil (Castelnau,
1872); skipjack tuna, Katsuwonus pelamis (Linnaeus[,]
1578); black skipjack, Euthynnus Lineatus
(Kishinouye[,] 1920); kawakawa, Euthynnus affinis
(Cantor, 1849); bullet tuna, Auxis rochei (Risso,
1810),[;] frigate tuna, Ausix thazard (Lacepede, 1800);
eastern Pacific bonito, Sarda chiliensis (Cuvier in
Cuvier and Valenciennes, 1831); and Indo-Pacific
bonito, Sarda orientalis (Temminck and Schlegel, 1844).
[(4) The term ``Council'' means the body consisting
of the representatives from each Contracting Party to
the Agreement which is a Coastal State of the eastern
Pacific Ocean or a member of the Inter-American
Tropical Tuna Commission at the time of entry into
force of the Agreement.
[SEC. 3. UNITED STATES REPRESENTATION ON THE COUNCIL.
[16 U.S.C. 972a]
[(a) Appointment by Secretary of State.--The Secretary of
State--
[(1) shall appoint a United States representative to
the Council; and
[(2) may appoint not more than three alternate United
States representatives to the Council.
[(b) Qualification.--An individual is not eligible for
appointment as, or to serve as, the United States
representative under subsection (a)(1) unless the individual is
an officer or employee of the United States Government.
[(c) Compensation.--An individual is not entitled to
compensation for serving as the United States representative or
an alternate United States representative.
[(d) Travel Expenses.--While away from home or a regular
place of business in the performance of service as the United
States representative or an alternate United States
representative, an individual is entitled to travel expenses,
including per diem in lieu of subsistence, in the same manner
as individuals employed intermittently in Government service
are allowed expenses under section 5703(b) of title 5 of the
United States Code.
[SEC. 4. SECRETARY OF STATE TO ACT FOR THE UNITED STATES.
[16 U.S.C. 972b]
[The Secretary of State shall receive, on behalf of the
United States Government, reports, requests, recommendations
and other communications of the Council, and, in consultation
with the Secretary of Commerce, shall act directly thereon or
by reference to the appropriate authorities.
[SEC. 5. APPLICATION TO OTHER LAWS.
[16 U.S.C. 972c]
[(a) Notwithstanding section 4 of the Fishermen's Protective
Act of 1967 (22 U.S.C. 1874), such Act applies with respect to
a seizure by a Contracting Party to the Agreement of a vessel
of the United States within the Agreement Area for violation of
the Agreement if the Secretary of State determines that the
violation is not of such seriousness as to diminish the
effectiveness of the Agreement.
[(b) The seizure by a Contracting Party to the Agreement of a
vessel of the United States shall not be considered to be a
seizure described in section 205(a)(4)(C) of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1825(a)(4)(C)) if the seizure is consistent with the Agreement.
[SEC. 6. DISPOSITION OF FEES.
[16 U.S.C. 972d]
[All fees accruing to the United States under Article III of
the Agreement shall be deposited into the Treasury of the
United States.
[SEC. 7. REGULATIONS.
[16 U.S.C. 972e]
[The Secretary of Commerce, in cooperation with the Secretary
of State and the Secretary of the department in which the Coast
Guard is operating, shall issue such regulations as may be
necessary to carry out the purposes and objectives of the
Agreement and this Act. Regulations may be made applicable as
necessary to all persons and vessels subject to the
jurisdiction of the United States, wherever located.
Regulations concerning the conservation of a designated species
of tuna may be issued only to implement conservation
recommendations made by the Council under Article 3(D) of the
Agreement.
[SEC. 8. PROHIBITED ACTS.
[16 U.S.C. 972f]
[(a) Unlawful Acts.--It is unlawful for any person subject to
the jurisdiction of the United States--
[(1) to engage in fishing for a designated species of
tuna within the Agreement Area unless issued a license
under the Agreement authorizing such fishing;
[(2) to engage in fishing for a designated species of
tuna within the Agreement area in contravention of
regulations promulgated by the Secretary of Commerce
under the Agreement;
[(3) knowingly to ship, transport, purchase, sell,
offer for sale, export, or have in custody, possession,
or control any designated species of tuna taken or
retained in violation of regulations issued under
section 7;
[(4) to fail to make, keep, or furnish any catch
return, statistical record, or other report required by
regulations issued under section 7;
[(5) being a person in charge of a vessel of the
United States, to fail to stop upon being hailed by an
authorized official of the United States, or to refuse
to permit officials of the United States to board the
vessel or inspect its catch, equipment, books,
documents, records, or other articles, or to question
individuals on board; or
[(6) to import from any country, in violation of any
regulation issued under section 7, any designated
species of tuna.
[(b) Penalties.--Any person who is convicted of violating--
[(1) subsection (a)(1), (a)(2), or (a)(3) shall be
fined or assessed a civil penalty not more than
$25,000, and for a subsequent violation shall be fined
or assessed a civil penalty not more than $50,000;
[(2) subsection (a)(4) or (a)(5) shall be fined or
assessed a civil penalty not more than $5,000, and for
a subsequent violation shall be fined or assessed a
civil penalty not more than $5,000; or
[(3) subsection (a)(6) shall be fined or assessed a
civil penalty not more than $100,000.
[(c) Forfeiture.--All designated species of tuna taken or
retained in violation of subsection (a)(1), (2), (3), or (6),
or the monetary value thereof, is subject to forfeiture.
[(d) Application of Laws Relating to Seizures and
Forfeitures.--All provisions of law relating to the seizure,
judicial forfeiture, and condemnation of a cargo for violation
of the customs laws, the disposition of such cargo or the
proceeds from the sale thereof, and the remission or mitigation
of such forfeitures shall apply to seizures and forfeitures
incurred, or alleged to have been incurred, under this Act,
insofar as such provisions of law are applicable and not
inconsistent with the provision of this Act.
[SEC. 9. ENFORCEMENT.
[16 U.S.C. 972g]
[(a) Warrants.--The judges of the United States district
courts and United States magistrates may, within their
respective jurisdictions, upon proper oath or affirmation
showing probable cause, issue such warrants or other process as
may be required for enforcement of this Act and the regulations
issued under section 7.
[(b) Joint Responsibility for Enforcement.--The enforcement
of this Act and the regulations issued under section 7 shall be
the joint responsibility of the department in which the Coast
Guard is operating, the Department of Commerce, and the United
States Customs Service. In addition, the Secretary of Commerce
may designate officers and employees of the States of the
United States, of the Commonwealth of Puerto Rico, and of
American Samoa to carry out enforcement activities under this
section. When so designated, such officers and employees may
function as Federal law enforcement agents for these purposes.
[(c) Execution of Warrants and Process.--An individual
authorized to carry out enforcement activities under this
section has power to execute any warrant or process issued by
any officer or court of competent jurisdiction for the
enforcement of this Act.
[(d) Arrest; Search.--An individual so authorized to carry
out enforcement activities under this section has power--
[(1) with or without a warrant or other process, to
arrest any person subject to the jurisdiction of the
United States at any place within the jurisdiction of
the United States committing in his presence or view a
violation of this Act or the regulations issued under
section 7;
[(2) with or without a warrant or other process, to
search any vessel subject to the jurisdiction of the
United States, and, if, as a result of the search he
has reasonable cause to believe that such vessel or any
individual on board is engaging in operations in
violation of this Act or any regulation issued
thereunder to arrest such person.
[(e) Seizure.--An individual authorized to enforce this Act
may seize, whenever or wherever lawfully found, all species of
designated tuna taken or retained in violation of this Act or
the regulations issued under section 7. Any species so seized
may be disposed of pursuant to the order of a court of
competent jurisdiction, under subsection (f) of this section
or, if perishable, in a manner prescribed by regulations of the
Secretary of Commerce.
[(f) Bond or Stipulation for Value of the Property.--
Notwithstanding the provisions of section 2464 of title 28,
United States Code, when a warrant of arrest or other process
in rem is issued in any cause under this section, the marshal
or other officer shall stay the execution of such process, or
discharge any species of designated tuna seized if the process
has been levied, on receiving from the claimant of the species
a bond or stipulation for the value of the property with
sufficient surety to be approved by a judge of the district
court having jurisdiction of the offense, conditioned to
deliver the species seized, if condemned, without impairment in
value or, in the discretion of the court, to pay its equivalent
value in money or otherwise to answer the decree of the court
in such cause. Such bond or stipulation shall be returned to
the court and judgment thereon against both the principal and
sureties may be recovered in event of any breach of the
conditions thereof as determined by the court. In the
discretion of the accused, and subject to the direction of the
court, the species may be sold for not less than its reasonable
market value and the proceeds of such sale placed in the
registry of the court pending judgment in the case.
[SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
[16 U.S.C. 972h]
[There are authorized to be appropriated for fiscal years
after fiscal year 1984 such sums as may be necessary to carry
out this Act.]
SOUTH PACIFIC TUNA ACT OF 1988
SEC. 5. PROHIBITED ACTS.
[16 U.S.C. 973c]
(a) Except as provided in section 6 of this Act, it is
unlawful for any person subject to the jurisdiction of the
United States--
(1) to violate any provision of this Act or any
regulation or order issued pursuant to this Act;
(2) to use a vessel for fishing in violation of an
applicable national law;
(3) who has entered into a fishing arrangement under
paragraph 3 of Article 3 of the Treaty, to violate the
terms and conditions of such fishing arrangement if the
Secretary of State has decided under section 18 of this
Act that Article 4 and paragraph 6 of Article 5 of the
Treaty shall apply to the arrangement;
(4) to use a vessel for fishing in any Limited Area
in violation of any requirement in Schedule 3 of Annex
I of the Treaty;
(5) to use a vessel for fishing in any Closed Area;
(6) to falsify any information required to be
reported, notified, communicated, or recorded pursuant
to a requirement of this Act, or to fail to submit any
required information, or to fail to report to the
Secretary immediately any change in circumstances which
has the effect of rendering any such information false,
incomplete, or misleading;
(7) to intentionally destroy evidence which could be
used to determine if a violation of this Act or the
Treaty has occurred;
(8) to refuse to permit any Authorized Officer or
Authorized Party Officer to board a fishing vessel for
purposes of conducting a [search or inspection] search,
investigation, or inspection in connection with the
enforcement of this Act or the Treaty;
(9) to refuse to comply with the instructions of an
Authorized Officer or Authorized Party Officer relating
to fishing activities under the Treaty;
(10) to forcibly assault, resist, oppose, impede,
intimidate, or interfere with--
(A) any Authorized Officer or Authorized
Party Officer in the conduct of a [search or
inspection] search, investigation, or
inspection in connection with the enforcement
of this Act or the Treaty; or
(B) an observer in the conduct of observer
duties under the Treaty;
(11) to resist a lawful arrest for any act prohibited
by this section;
(12) 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; [or]
(13) 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 the Treaty,
with the knowledge that the fish were so taken or
[retained.] retained; or
(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.
(b) Except as provided in section 6 of this Act, it is
unlawful for any person subject to the jurisdiction of the
United States when in the Licensing Area--
(1) to use a vessel to fish unless validly licensed
as required by the Administrator;
(2) to use a vessel for directed fishing for southern
bluefin tuna or for fishing for any kinds of fish other
than tunas, except that fish may be caught as an
incidental by-catch;
(3) to use a vessel for fishing by any method other
than the purse-seine method;
(4) to use any vessel to engage in fishing after the
revocation of its license, or during the period of
suspension of an applicable license;
(5) to operate a vessel in such a way as to disrupt
or in any other way adversely affect the activities of
traditional and locally based fishermen and fishing
vessels;
(6) to use a vessel to fish in a manner inconsistent
with an order issued by the Secretary under section 11
of this Act; or
(7) except for circumstances involving force majeure
and other emergencies involving the health or safety of
crew members or the safety of the vessel, to use an
aircraft in association with the fishing activities of
a vessel unless it is identified in the license
application for the vessel, or any amendment thereto.
[SEC. 7. CRIMINAL OFFENSES.
[16 U.S.C. 973e]
[(a) Prohibited Acts.--A person is guilty of a criminal
offense if he or she commits any act prohibited by section
5(a)(8), (10), (11), or (12) of this Act.
[(b) Sentence and Fine.--Any offense described in subsection
(a) of this section is punishable by a fine of not more than $
50,000, or imprisonment for not more than 6 months, or both;
except that if in the commission of any such offense the person
uses a dangerous weapon, engages in conduct that causes bodily
injury to any Authorized Officer, Authorized Party Officer, or
observer under the Treaty in the conduct of their duties, or
places any such Authorized Officer, Authorized Party Officer,
or observer in fear of imminent bodily injury, the offense is
punishable by a fine of not more than $ 100,000 or imprisonment
for not more than 10 years, or both.
[(c) Jurisdiction.--The district courts of the United States
shall have jurisdiction over any offense described in this
section.
[SEC. 8. CIVIL PENALTIES.
[16 U.S.C. 973f]
[(a) Determination of Liability; Amount; Participation by
Secretary of State in Assessment Proceeding.Any person who is
found by the Secretary, after notice and an opportunity for a
hearing in accordance with section 554 of title 5, United
States Code, to have committed an act prohibited by section 5
of this Act, shall be liable to the United States for a civil
penalty. Before issuing a notice of violation, the Secretary
shall consult with the Secretary of State. The amount of the
civil penalty shall be determined in accordance with
considerations set forth in the Treaty and 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 offenses,
ability to pay, and such other matters as justice may require.
Except for those acts prohibited by section 5(a) (4), (5), (7),
(8), (10), (11), and (12), and section 5(b)(1), (2), (3), and
(7) of this Act, the amount of the civil penalty shall not
exceed $250,000 for each violation. Upon written notice, the
Secretary of State shall have the right to participate in any
proceeding initiated to assess a civil penalty for violation of
this Act.
[(b) Judicial Review of Assessment; Procedures Applicable.--
Any person against whom a civil penalty is assessed under
subsection (a) of this section may obtain review thereof in the
United States district court for the appropriate district by
filing a complaint in such court within 30 days from the date
of the order and by simultaneously serving a copy of the
complaint by certified mail on the Secretary, the Attorney
General of the United States, and the appropriate United States
Attorney. The Secretary shall promptly file in the court a
certified copy of the record upon which the violation was found
or the penalty imposed. The findings and order of the Secretary
shall be set aside or modified by the court if they are not
found to be supported by substantial evidence, as provided in
section 706(2) of title 5, United States Code.
[(c) Failure To Pay Assessment of Civil Penalty; Recovery by
Attorney General.--Except as provided in subsection (g) of this
section, if any person fails to pay an assessment of a civil
penalty after it has become a final and unappealable order, or
after the appropriate court has entered final judgment in favor
of the Secretary, the Secretary shall refer the matter to the
Attorney General of the United States, who shall recover the
amount assessed in any appropriate district court of the United
States.
[(d) In Rem Liability for Civil Penalty; Jurisdiction;
Maritime Lien on Vessel.--Except as provided in subsection (g)
of this section, a fishing vessel (including its fishing gear,
furniture, appurtenances, stores, and cargo) used in the
commission of an act prohibited by section 5 of this Act shall
be liable in rem for any civil penalty assessed for the
violation under section 8 of this Act [this section] and may be
proceeded against in any district court of the United States
having jurisdiction thereof. The penalty shall constitute a
maritime lien on the vessel which may be recovered in an action
in rem in the district court of the United States having
jurisdiction over the vessel.
[(e) Compromise, etc., of Civil Penalty.--The Secretary,
after consultation with the Secretary of State, may compromise,
modify, or remit, with or without conditions, any civil penalty
which is subject to imposition or which has been imposed under
this section.
[(f) Conduct of Hearings.--For the purposes of conducting any
hearing under this section, the Secretary may issue subpoenas
for the attendance and testimony of witnesses and the
production of relevant papers, books, and documents, and may
administer oaths. Witnesses summoned shall be paid the same
fees and mileage that are paid to witnesses in the courts of
the United States. In case of contempt or refusal to obey a
subpoena served upon a person pursuant to this subsection, the
district court of the United States for any district in which
the person is found, resides, or transacts business, upon
application by the United States and after notice to the
person, shall have jurisdiction to issue an order requiring the
person to appear and give testimony before the Secretary or to
appear and produce documents before the Secretary, or both, and
any failure to obey the order of the court may be punished by
the court as a contempt thereof.
[(g) Waiver of Referral to Attorney General.--If a vessel
used in a violation of section 5(a)(1), (2), (3), (4), (5),
(6), (7), (8), (9), or (13) or section 5(b) of this Act for
which a civil penalty has been assessed--
[(1) had a valid license under the Treaty at the time
of the violation, and
[(2) within 60 days after the penalty assessment has
become final, leaves and remains outside of the
Licensing Area, all Limited Areas closed to fishing,
and all Closed Areas until the final penalty has been
paid,
there shall be no referral to the Attorney General under
subsection (c) of this section or in rem action under
subsection (d) of this section in connection with such civil
penalty.]
SEC. 7. ADMINISTRATION AND ENFORCEMENT.
This Act shall be enforced under section 101 of the
International Fisheries Stewardship and Enforcement Act.
SEC. 20. AUTHORIZATION OF APPROPRIATIONS.
[16 U.S.C. 973r]
(a) There are authorized to be appropriated for fiscal years
[1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001,
and 2002,] 2009 through 2013 such sums as may be necessary for
carrying out the purposes and provisions of the Treaty and this
Act including--
(1) for fiscal years [1992, 1993, 1994, 1995, 1996,
1997, 1998, 1999, 2000, 2001, and 2002,] 2009 through
2013 an amount not to exceed $350,000 annually to the
Department of Commerce for administrative expenses; and
(2) for fiscal years [1992, 1993, 1994, 1995, 1996,
1997, 1998, 1999, 2000, 2001, and 2002,] 2009 through
2013 an amount not to exceed $50,000 annually to the
Department of State for administrative expenses.
(b) Funds appropriated for the purposes of the Treaty may be
used notwithstanding any of the provisions of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or of any
appropriations Act that imposes restrictions on the maintenance
or use of cash transfer assistance, which are inconsistent with
the provisions of the Treaty.
DOLPHIN PROTECTION CONSUMER INFORMATION ACT
[Section 901 of the Fishery Conservation Amendments Act of 1990]
SEC. 901. DOLPHIN PROTECTION.
[16 U.S.C. 1385]
(a) Short Title.--This section may be cited as the ``Dolphin
Protection Consumer Information Act''.
(b) Findings.--The Congress finds that--
(1) dolphins and other marine mammals are frequently
killed in the course of tuna fishing operations in the
eastern tropical Pacific Ocean and high seas driftnet
fishing in other parts of the world;
(2) it is the policy of the United States to support
a worldwide ban on high seas driftnet fishing, in part
because of the harmful effects that such driftnets have
on marine mammals, including dolphins; and
(3) consumers would like to know if the tuna they
purchase is falsely labeled as to the effect of the
harvesting of the tuna on dolphins.
(c) Definitions.--For purposes of this section--
(1) the terms ``driftnet'' and ``driftnet fishing''
have the meanings given those terms in section 4003 of
the Driftnet Impact Monitoring, Assessment, and Control
Act of 1987 (16 U.S.C. 1822 note);
(2) the term ``eastern tropical Pacific Ocean'' means
the area of the Pacific Ocean bounded by 40 degrees
north latitude, 40 degrees south latitude, 160 degrees
west longitude, and the western coastlines of North,
Central, and South America;
(3) the term ``label'' means a display of written,
printed, or graphic matter on or affixed to the
immediate container of any article;
(4) the term ``Secretary'' means the Secretary of
Commerce; and
(5) the term ``tuna product'' means a food item which
contains tuna and which has been processed for retail
sale, except perishable sandwiches, salads, or other
products with a shelf life of less than 3 days.
(d) Labeling Standard.--
(1) It is a violation of section 5 of the Federal
Trade Commission Act (15 U.S.C. 45) for any producer,
importer, exporter, distributor, or seller of any tuna
product that is exported from or offered for sale in
the United States to include on the label of that
product the term ``dolphin safe'' or any other term or
symbol that falsely claims or suggests that the tuna
contained in the product were harvested using a method
of fishing that is not harmful to dolphins if the
product contains tuna harvested--
(A) on the high seas by a vessel engaged in
driftnet fishing;
(B) outside the eastern tropical Pacific
Ocean by a vessel using purse seine nets--
(i) in a fishery in which the
Secretary has determined that a regular
and significant association occurs
between dolphins and tuna (similar to
the association between dolphins and
tuna in the eastern tropical Pacific
Ocean), unless such product is
accompanied by a written statement,
executed by the captain of the vessel
and an observer participating in a
national or international program
acceptable to the Secretary, certifying
that no purse seine net was
intentionally deployed on or used to
encircle dolphins during the particular
voyage on which the tuna were caught
and no dolphins were killed or
seriously injured in the sets in which
the tuna were caught; or
(ii) in any other fishery (other than
a fishery described in subparagraph
(D)) unless the product is accompanied
by a written statement executed by the
captain of the vessel certifying that
no purse seine net was intentionally
deployed on or used to encircle
dolphins during the particular voyage
on which the tuna was harvested;
(C) in the eastern tropical Pacific Ocean by
a vessel using a purse seine net unless the
tuna meet the requirements for being considered
dolphin safe under paragraph (2); or
(D) by a vessel in a fishery other than one
described in subparagraph (A), (B), or (C) that
is identified by the Secretary as having a
regular and significant mortality or serious
injury of dolphins, unless such product is
accompanied by a written statement executed by
the captain of the vessel and an observer
participating in a national or international
program acceptable to the Secretary that no
dolphins were killed or seriously injured in
the sets or other gear deployments in which the
tuna were caught, provided that the Secretary
determines that such an observer statement is
necessary.
(2) For purposes of paragraph (1)(C), a tuna product
that contains tuna harvested in the eastern tropical
Pacific Ocean by a vessel using purse seine nets is
dolphin safe if--
(A) the vessel is of a type and size that the
Secretary has determined, consistent with the
International Dolphin Conservation Program, is
not capable of deploying its purse seine nets
on or to encircle dolphins; or
(B)(i) the product is accompanied by a
written statement executed by the captain
providing the certification required under
subsection (h);
(ii) the product is accompanied by a written
statement executed by--
(I) the Secretary or the Secretary's
designee;
(II) a representative of the Inter-
American Tropical Tuna Commission; or
(III) an authorized representative of
a participating nation whose national
program meets the requirements of the
International Dolphin Conservation
Program,
which states that there was an observer
approved by the International Dolphin
Conservation Program on board the vessel during
the entire trip and that such observer provided
the certification required under subsection
(h); and
(iii) the statements referred to in clauses
(i) and (ii) are endorsed in writing by each
exporter, importer, and processor of the
product; and
(C) the written statements and endorsements
referred to in subparagraph (B) comply with
regulations promulgated by the Secretary which
provide for the verification of tuna products
as dolphin safe.
(3)(A) The Secretary of Commerce shall develop an
official mark that may be used to label tuna products
as dolphin safe in accordance with this Act.
(B) A tuna product that bears the dolphin safe mark
developed under subparagraph (A) shall not bear any
other label or mark that refers to dolphins, porpoises,
or marine mammals.
(C) It is a violation of section 5 of the Federal
Trade Commission Act (15 U.S.C. 45) to label a tuna
product with any label or mark that refers to dolphins,
porpoises, or marine mammals other than the mark
developed under subparagraph (A) unless--
(i) no dolphins were killed or seriously
injured in the sets or other gear deployments
in which the tuna were caught;
(ii) the label is supported by a tracking and
verification program which is comparable in
effectiveness to the program established under
subsection (f); and
(iii) the label complies with all applicable
labeling, marketing, and advertising laws and
regulations of the Federal Trade Commission,
including any guidelines for environmental
labeling.
(D) If the Secretary determines that the use of a
label referred to in subparagraph (C) is substantially
undermining the conservation goals of the International
Dolphin Conservation Program, the Secretary shall
report that determination to the United States Senate
Committee on Commerce, Science, and Transportation and
the United States House of Representatives Committees
on Resources and on Commerce, along with
recommendations to correct such problems.
(E) It is a violation of section 5 of the Federal
Trade Commission Act (15 U.S.C. 45) willingly and
knowingly to use a label referred to in subparagraph
(C) in a campaign or effort to mislead or deceive
consumers about the level of protection afforded
dolphins under the International Dolphin Conservation
Program.
(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.
[(e) Enforcement.--Any person who knowingly and willfully
makes a statement or endorsement described in subsection
(d)(2)(B) that is false is liable for a civil penalty of not to
exceed $100,000 assessed in an action brought in any
appropriate district court of the United States on behalf of
the Secretary.]
(e) Enforcement.--This Act shall be enforced under section
101 of the International Fisheries Stewardship and Enforcement
Act.
(f) Regulations.--The Secretary, in consultation with the
Secretary of the Treasury, shall issue regulations to implement
this Act, including regulations to establish a domestic
tracking and verification program that provides for the
effective tracking of tuna labeled under subsection (d). In the
development of these regulations, the Secretary shall establish
appropriate procedures for ensuring the confidentiality of
proprietary information the submission of which is voluntary or
mandatory. The regulations shall address each of the following
items:
(1) The use of weight calculation for purposes of
tracking tuna caught, landed, processed, and exported.
(2) Additional measures to enhance current observer
coverage, including the establishment of criteria for
training, and for improving monitoring and reporting
capabilities and procedures.
(3) The designation of well location, procedures for
sealing holds, procedures for monitoring and certifying
both above and below deck, or through equally effective
methods, the tracking and verification of tuna labeled
under subsection (d).
(4) The reporting, receipt, and database storage of
radio and facsimile transmittals from fishing vessels
containing information related to the tracking and
verification of tuna, and the definition of set.
(5) The shore-based verification and tracking
throughout the fishing, transshipment, and canning
process by means of Inter-American Tropical Tuna
Commission trip records or otherwise.
(6) The use of periodic audits and spot checks for
caught, landed, and processed tuna products labeled in
accordance with subsection (d).
(7) The provision of timely access to data required
under this subsection by the Secretary from harvesting
nations to undertake the actions required in paragraph
(6) of this paragraph.
The Secretary may make such adjustments as may be appropriate
to the regulations promulgated under this subsection to
implement an international tracking and verification program
that meets or exceeds the minimum requirements established by
the Secretary under this subsection.
(g) Secretarial Findings.--
(1) Between March 1, 1999, and March 31, 1999, the
Secretary shall, on the basis of the research conducted
before March 1, 1999, under section 304(a) of the
Marine Mammal Protection Act of 1972, information
obtained under the International Dolphin Conservation
Program, and any other relevant information, make an
initial finding regarding whether the intentional
deployment on or encirclement of dolphins with purse
seine nets is having a significant adverse impact on
any depleted dolphin stock in the eastern tropical
Pacific Ocean. The initial finding shall be published
immediately in the Federal Register and shall become
effective upon a subsequent date determined by the
Secretary.
(2) Between July 1, 2001, and December 31, 2002, the
Secretary shall, on the basis of the completed study
conducted under section 304(a) of the Marine Mammal
Protection Act of 1972, information obtained under the
International Dolphin Conservation Program, and any
other relevant information, make a finding regarding
whether the intentional deployment on or encirclement
of dolphins with purse seine nets is having a
significant adverse impact on any depleted dolphin
stock in the eastern tropical Pacific Ocean. The
finding shall be published immediately in the Federal
Register and shall become effective upon a subsequent
date determined by the Secretary.
(h) Certification by Captain and Observer.--
(1) Unless otherwise required by paragraph (2), the
certification by the captain under subsection
(d)(2)(B)(i) and the certification provided by the
observer as specified in subsection (d)(2)(B)(ii) shall
be that no dolphins were killed or seriously injured
during the sets in which the tuna were caught.
(2) The certification by the captain under subsection
(d)(2)(B)(i) and the certification provided by the
observer as specified under subsection (d)(2)(B)(ii)
shall be that no tuna were caught on the trip in which
such tuna were harvested using a purse seine net
intentionally deployed on or to encircle dolphins, and
that no dolphins were killed or seriously injured
during the sets in which the tuna were caught, if the
tuna were caught on a trip commencing--
(A) before the effective date of the initial
finding by the Secretary under subsection
(g)(1);
(B) after the effective date of such initial
finding and before the effective date of the
finding of the Secretary under subsection
(g)(2), where the initial finding is that the
intentional deployment on or encirclement of
dolphins is having a significant adverse impact
on any depleted dolphin stock; or
(C) after the effective date of the finding
under subsection (g)(2), where such finding is
that the intentional deployment on or
encirclement of dolphins is having a
significant adverse impact on any such depleted
stock.
MARINE MAMMAL PROTECTION ACT
SEC. 304. RESEARCH.
[16 U.S.C. 1414a]
(a) Required Research.--
(1) In general.--The Secretary shall, in consultation
with the Marine Mammal Commission and the Inter-
American Tropical Tuna Commission, conduct a study of
the effect of intentional encirclement (including
chase) on dolphins and dolphin stocks incidentally
taken in the course of purse seine fishing for
yellowfin tuna in the eastern tropical Pacific Ocean.
The study, which shall commence on October 1, 1997,
shall consist of abundance surveys as described in
paragraph (2) and stress studies as described in
paragraph (3), and shall address the question of
whether such encirclement is having a significant
adverse impact on any depleted dolphin stock in the
eastern tropical Pacific Ocean.
(2) Population abundance surveys.--The abundance
surveys under this subsection shall survey the
abundance of such depleted stocks and shall be
conducted during each of the calendar years 1998, 1999,
and 2000.
(3) Stress studies.--The stress studies under this
subsection shall include--
(A) a review of relevant stress-related
research and a 3-year series of necropsy
samples from dolphins obtained by commercial
vessels;
(B) a 1-year review of relevant historical
demographic and biological data related to
dolphins and dolphin stocks referred to in
paragraph (1); and
(C) an experiment involving the repeated
chasing and capturing of dolphins by means of
intentional encirclement.
(4) Report.--No later than 90 days after publishing
the finding under subsection (g)(2) of the Dolphin
Protection Consumer Information Act, the Secretary
shall complete and submit a report containing the
results of the research described in this subsection to
the United States Senate Committee on Commerce,
Science, and Transportation and the United States House
of Representatives Committees on Resources and on
Commerce, and to the Inter-American Tropical Tuna
Commission.
(b) Other Research.--
(1) In general.--In addition to conducting the
research described in subsection (a), the Secretary
shall, in consultation with the Marine Mammal
Commission and in cooperation with the nations
participating in the International Dolphin Conservation
Program and the Inter-American Tropical Tuna
Commission, undertake or support appropriate scientific
research to further the goals of the International
Dolphin Conservation Program.
(2) Specific areas of research.--Research carried out
under paragraph (1) may include--
(A) projects to devise cost-effective fishing
methods and gear so as to reduce, with the goal
of eliminating, the incidental mortality and
serious injury of marine mammals in connection
with commercial purse seine fishing in the
eastern tropical Pacific Ocean;
(B) projects to develop cost-effective
methods of fishing for mature yellowfin tuna
without setting nets on dolphins or other
marine mammals;
(C) projects to carry out stock assessments
for those marine mammal species and marine
mammal stocks taken in the purse seine fishery
for yellowfin tuna in the eastern tropical
Pacific Ocean, including species or stocks not
within waters under the jurisdiction of the
United States; and
(D) projects to determine the extent to which
the incidental take of nontarget species,
including juvenile tuna, occurs in the course
of purse seine fishing for yellowfin tuna in
the eastern tropical Pacific Ocean, the
geographic location of the incidental take, and
the impact of that incidental take on tuna
stocks and nontarget species.
(c) Authorization of Appropriations.--
(1) There are authorized to be appropriated to the
Secretary the following amounts, to be used by the
Secretary to carry out the research described in
subsection (a):
(A) $4,000,000 for fiscal year 1998.
(B) $3,000,000 for fiscal year 1999.
(C) $4,000,000 for fiscal year 2000.
(D) $1,000,000 for fiscal year 2001.
(E) $1,000,000 for each of fiscal years 2009
through 2013.
(2) In addition to the amount authorized to be
appropriated under paragraph (1), there are authorized
to be appropriated to the Secretary for carrying out
this section $3,000,000 for each of the fiscal years
1998, 1999, 2000, and 2001.
HIGH SEAS DRIFTNET FISHERIES ENFORCEMENT ACT
SEC. 101. DENIAL OF PORT PRIVILEGES AND SANCTIONS FOR HIGH SEAS LARGE-
SCALE DRIFTNET FISHING.
[16 U.S.C. 1826a]
(a) Denial of Port Privileges.--
(1) Publication of list.--Not later than 30 days
after the date of enactment of this Act and
periodically thereafter, the Secretary of Commerce, in
consultation with the Secretary of State, shall publish
a list of nations whose nationals or vessels conduct
large-scale driftnet fishing beyond the exclusive
economic zone of any nation.
(2) Denial of port privileges.--The Secretary of the
Treasury shall, in accordance with recognized
principles of international law--
(A) withhold or revoke the clearance required
by section 4197 of the Revised Statutes of the
United States (46 App. U.S.C. 91) for any
large-scale driftnet fishing vessel that is
documented under the laws of the United States
or of a nation included on a list published
under paragraph (1); and
(B) deny entry of that vessel to any place in
the United States and to the navigable waters
of the United States.
(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.
[(3)] (4) Notification of nation.--Before the
publication of a list of nations under paragraph (1),
the Secretary of State shall notify each nation
included on that list regarding--
(A) the effect of that publication on port
privileges of vessels of that nation under
paragraph (1); and
(B) any sanctions or requirements, under this
Act or any other law, that may be imposed on
that nation if nationals or vessels of that
nation continue to conduct large-scale driftnet
fishing beyond the exclusive economic zone of
any nation after December 31, 1992.
(b) Sanctions.--
(1) Identifications.--
(A) Initial identifications.--Not later than
January 10, 1993, the Secretary of Commerce
shall--
(i) identify each nation whose
nationals or vessels are conducting
large-scale driftnet fishing [or
illegal, unreported, or unregulated
fishing] beyond the exclusive economic
zone of any nation; and
(ii) notify the President and that
nation of the identification under
clause (i).
(B) Additional identifications.--At any time
after January 10, 1993, whenever the Secretary
of Commerce has reason to believe that the
nationals or vessels of any nation are
conducting large-scale driftnet fishing [or
illegal, unreported, or unregulated fishing]
beyond the exclusive economic zone of any
nation, the Secretary of Commerce shall--
(i) identify that nation; and
(ii) notify the President and that
nation of the identification under
clause (i).
(2) Consultations.--Not later than 30 days after a
nation is identified under paragraph (1)(B), the
President shall enter into consultations with the
government of that nation for the purpose of obtaining
an agreement that will effect the immediate termination
of large-scale driftnet fishing [or illegal,
unreported, or unregulated fishing] by the nationals or
vessels of that nation beyond the exclusive economic
zone of any nation.
(3) Prohibition on imports of fish and fish products
and sport fishing equipment.--
(A) Prohibition.--The President--
(i) upon receipt of notification of
the identification of a nation under
paragraph (1)(A); [or]
(ii) if the consultations with the
government of a nation under paragraph
(2) are not satisfactorily concluded
within ninety days, shall direct the
Secretary of the Treasury to prohibit
the importation into the United States
of fish and fish products and sport
fishing equipment (as that term is
defined in section 4162 of the Internal
Revenue Code of 1986 (26 U.S.C. 4162))
from that [nation.] nation; or
(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))
(B) Implementation of prohibition.--With
respect to an import prohibition directed under
subparagraph (A), the Secretary of the Treasury
shall implement such prohibition not later than
the date that is forty-five days after the date
on which the Secretary has received the
direction from the President.
(C) Public notice of prohibition.--Before the
effective date of any import prohibition under
this paragraph, the Secretary of the Treasury
shall provide public notice of the impending
prohibition.
(4) Additional economic sanctions.--
(A) Determination of effectiveness of
sanctions.--Not later than six months after the
date the Secretary of Commerce identifies a
nation under paragraph (1), 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), the Secretary shall
determine whether--
[(i) any prohibition established
under paragraph (3) is insufficient to
cause that nation to terminate large-
scale driftnet fishing or illegal,
unreported, or unregulated fishing
conducted by its nationals and vessels
beyond the exclusive economic zone of
any nation; or]
(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
(ii) that nation has retaliated
against the United States as a result
of that prohibition.
(B) Certification.--The Secretary of Commerce
shall certify to the President each affirmative
determination under subparagraph (A) with
respect to a nation.
(C) Effect of certification.--Certification
by the Secretary of Commerce under subparagraph
(B) is deemed to be a certification under
section 8(a) of the Fishermen's Protective Act
of 1967 (22 U.S.C. 1978(a)), as amended by this
Act.
SEC. 102. DURATION OF DENIAL OF PORT PRIVILEGES AND SANCTIONS.
[16 U.S.C. 1826b]
Any denial of port privileges or sanction under section 101
with respect to a nation shall remain in effect until such time
as the Secretary of Commerce certifies to the President and the
Congress that [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.] 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).
HIGH SEAS DRIFTNET FISHING MORATORIUM PROTECTION ACT
SEC. 606. ENFORCEMENT.
[16 U.S.C. 1826g]
(a) Detecting, Monitoring, and Preventing Violations._The
President shall utilize appropriate assets of the Department of
Defense, the United States Coast Guard, and other Federal
agencies to detect, monitor, and prevent violations of the
United Nations moratorium on large-scale driftnet fishing on
the high seas for all fisheries under the jurisdiction of the
United States and, in the case of fisheries not under the
jurisdiction of the United States, to the fullest extent
permitted under international law.
(b) Enforcement.--This Act shall be enforced under section
101 of the International Fisheries Stewardship and Enforcement
Act.
SEC. 608. ACTION TO STRENGTHEN INTERNATIONAL FISHERY MANAGEMENT
ORGANIZATIONS.
[16 U.S.C. 1826i]
(a) In General._The Secretary, in consultation with the
Secretary of State, and in cooperation with relevant fishery
management councils and any relevant advisory committees, shall
take actions to improve the effectiveness of international
fishery management [organizations] 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), in conserving and
managing fish stocks under their jurisdiction. These actions
shall include--
(1) urging international fishery management
organizations to which the United States is a member--
(A) to incorporate multilateral market-
related measures against member or nonmember
governments whose vessels engage in illegal,
unreported, or unregulated fishing;
(B) to seek adoption of lists that identify
fishing vessels and vessel owners engaged in
illegal, unreported, or unregulated fishing
that can be shared among all members and other
international fishery management organizations;
(C) to seek international adoption of a
centralized vessel monitoring system in order
to monitor and document capacity in fleets of
all nations involved in fishing in areas under
an international fishery management
organization's jurisdiction;
(D) to increase use of observers and
technologies needed to monitor compliance with
conservation and management measures
established by the organization, including
vessel monitoring systems and automatic
identification systems; and
(E) to seek adoption of stronger port state
controls in all nations, particularly those
nations in whose ports vessels engaged in
illegal, unreported, or unregulated fishing
land or transship fish;
(2) urging international fishery management
organizations to which the United States is a member,
as well as all members of those organizations, to adopt
and expand the use of market-related measures to combat
illegal, unreported, or unregulated fishing,
including--
(A) import prohibitions, landing
restrictions, or other market-based measures
needed to enforce compliance with international
fishery management organization measures, such
as quotas and catch limits;
(B) import restrictions or other market-based
measures to prevent the trade or importation of
fish caught by vessels identified
multilaterally as engaging in illegal,
unreported, or unregulated fishing; and
(C) catch documentation and certification
schemes to improve tracking and identification
of catch of vessels engaged in illegal,
unreported, or unregulated fishing, including
advance transmission of catch documents to
ports of entry; [and]
(3) urging other nations at bilateral, regional, and
international levels, including the Convention on
International Trade in Endangered Species of Fauna and
Flora and the World Trade Organization to take all
steps necessary, consistent with international law, to
adopt measures and policies that will prevent fish or
other living marine resources harvested by vessels
engaged in illegal, unreported, or unregulated fishing
from being traded or imported into their nation or
[territories.] territories; and
(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.
(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).
SEC. 609. ILLEGAL, UNREPORTED, OR UNREGULATED FISHING.
[16 U.S.C. 1826j]
(a) Identification.--The Secretary shall identify, and list
in the report under section 607, a nation if fishing vessels of
that nation are engaged, or have been engaged at any point
during the preceding [2 years,] 3 years, in illegal,
unreported, or unregulated fishing--
(1) the relevant international fishery management
organization has failed to implement effective measures
to end the illegal, unreported, or unregulated fishing
activity by vessels of that nation or the nation is not
a party to, or does not maintain cooperating status
with, such organization; or
(2) where no international fishery management
organization exists with a mandate to regulate the
fishing activity in question.
(b) Notification.--An identification under subsection (a) or
section 610(a) is deemed to be an identification under section
101(b)(1)(A) of the High Seas Driftnet Fisheries Enforcement
Act (16 U.S.C. 1826a(b)(1)(A)), and the Secretary shall notify
the President and that nation of such identification.
(c) Consultation.--No later than 60 days after submitting a
report to Congress under section 607, the Secretary, acting
through the Secretary of State, shall--
(1) notify nations listed in the report of the
requirements of this section;
(2) initiate consultations for the purpose of
encouraging such nations to take the appropriate
corrective action with respect to the offending
activities of their fishing vessels identified in the
report; and
(3) notify any relevant international fishery
management organization of the actions taken by the
United States under this section.
(d) IUU Certification Procedure.--
(1) Certification.--The Secretary shall establish a
procedure, consistent with the provisions of subchapter
II of chapter 5 of title 5, United States Code, for
determining if a nation identified under subsection (a)
and listed in the report under section 607 has taken
appropriate corrective action with respect to the
offending activities of its fishing vessels identified
in the report under section 607. The certification
procedure shall provide for notice and an opportunity
for comment by any such nation. The Secretary shall
determine, on the basis of the procedure, and certify
to the Congress no later than 90 days after the date on
which the Secretary promulgates a final rule containing
the procedure, and biennially thereafter in the report
under section 607--
(A) whether the government of each nation
identified under subsection (a) has provided
documentary evidence that it has taken
corrective action with respect to the offending
activities of its fishing vessels identified in
the report; or
(B) whether the relevant international
fishery management organization has implemented
measures that are effective in ending the
illegal, unreported, or unregulated fishing
activity by vessels of that nation.
(2) Alternative procedure.--The Secretary may
establish a procedure for certification, on a shipment-
by-shipment, shipper-by-shipper, or other basis of fish
or fish products from a vessel of a harvesting nation
not certified under paragraph (1) if the Secretary
determines that--
(A) the vessel has not engaged in illegal,
unreported, or unregulated fishing under an
international fishery management agreement to
which the United States is a party; or
(B) the vessel is not identified by an
international fishery management organization
as participating in illegal, unreported, or
unregulated fishing activities.
(3) Effect of certification.--
(A) In general.--The provisions of section
[101(a)] 101(a)(3) and section 101(b)(3) and
(4) of this Act (16 U.S.C. [1826a(a),]
1826a(a)(3), (b)(3), and (b)(4))--
(i) shall apply to any nation
identified under subsection (a) [that
has not been certified by the Secretary
under this subsection, or] for which
the Secretary has issued a negative
certification under this subsection;
but
(ii) shall not apply to any nation
identified under subsection (a) for
which the Secretary has issued a
positive certification under this
subsection.
(B) Exceptions.--Subparagraph (A)(i) does not
apply--
(i) to the extent that such
provisions would apply to sport fishing
equipment or to fish or fish products
not managed under the applicable
international fishery agreement; or
(ii) if there is no applicable
international fishery agreement, to the
extent that such provisions would apply
to fish or fish products caught by
vessels not engaged in illegal,
unreported, or unregulated fishing.
(e) Illegal, Unreported, or Unregulated Fishing Defined.--
(1) In general.--In this Act the term ``illegal,
unreported, or unregulated fishing'' has the meaning
established under paragraph (2).
(2) Secretary to define term within legislative
guidelines.--Within 3 months after the date of
enactment of the Magnuson-Stevens Fishery Conservation
and Management Reauthorization Act of 2006, the
Secretary shall publish a definition of the term
``illegal, unreported, or unregulated fishing'' for
purposes of this Act.
(3) Guidelines.--The Secretary shall include in the
definition, at a minimum--
(A) fishing activities that violate
conservation and management measures required
under an international fishery management
agreement to which the United States is a
party, including catch limits or quotas,
capacity restrictions, and bycatch reduction
requirements;
(B) overfishing of fish stocks shared by the
United States, for which there are no
applicable international conservation or
management measures or in areas with no
applicable international fishery management
organization or agreement, that has adverse
impacts on such stocks; and
(C) fishing activity that has an adverse
impact on seamounts, hydrothermal vents, and
cold water corals located beyond national
jurisdiction, for which there are no applicable
conservation or management measures or in areas
with no applicable international fishery
management organization or agreement.
(f) Authorization of Appropriations.--There are authorized to
be appropriated to the Secretary for fiscal years 2007 through
2013 such sums as are necessary to carry out this section.
SEC. 610. EQUIVALENT CONSERVATION MEASURES.
[16 U.S.C. 1826k]
(a) Identification.--The Secretary shall identify, and list
in the report under section 607, a nation if--
(1) fishing vessels of that nation are engaged, or
have been engaged during the preceding [calendar year]
3 years in fishing activities or practices;
(A) in waters beyond any national
jurisdiction that result in bycatch of a
protected living marine resource; or
(B) beyond the exclusive economic zone of the
United States that result in bycatch of a
protected living marine resource shared by the
United States;
(2) the relevant international organization for the
conservation and protection of such resources or the
relevant international or regional fishery organization
has failed to implement effective measures to end or
reduce such bycatch, or the nation is not a party to,
or does not maintain cooperating status with, such
organization; and
(3) the nation has not adopted a regulatory program
governing such fishing practices designed to end or
reduce such bycatch that is comparable to that of the
United States, taking into account different
conditions.
(b) Consultation and Negotiation.--The Secretary, acting
through the Secretary of State, shall--
(1) notify, as soon as possible, other nations whose
vessels engage in fishing activities or practices
described in subsection (a), about the provisions of
this section and this Act;
(2) initiate discussions as soon as possible with all
foreign governments which are engaged in, or which have
persons or companies engaged in, fishing activities or
practices described in subsection (a), for the purpose
of entering into bilateral and multilateral treaties
with such countries to protect such species;
(3) seek agreements calling for international
restrictions on fishing activities or practices
described in subsection (a) through the United Nations,
the Food and Agriculture Organization's Committee on
Fisheries, and appropriate international fishery
management bodies; and
(4) initiate the amendment of any existing
international treaty for the protection and
conservation of such species to which the United States
is a party in order to make such treaty consistent with
the purposes and policies of this section.
(c) Conservation Certification Procedure.--
(1) Determination.--The Secretary shall establish a
procedure consistent with the provisions of subchapter
II of chapter 5 of title 5, United States Code, for
determining whether the government of a harvesting
nation identified under subsection (a) and listed in
the report under section 607--
(A) has provided documentary evidence of the
adoption of a regulatory program governing the
conservation of the protected living marine
resource that is comparable to that of the
United States, taking into account different
conditions, and which, in the case of pelagic
longline fishing, includes mandatory use of
circle hooks, careful handling and release
equipment, and training and observer programs;
and
(B) has established a management plan
containing requirements that will assist in
gathering species-specific data to support
international stock assessments and
conservation enforcement efforts for protected
living marine resources.
(2) Procedural requirement.--The procedure
established by the Secretary under paragraph (1) shall
include notice and opportunity for comment by any such
nation.
(3) Certification.--The Secretary shall certify to
the Congress by January 31, 2007, and biennially
thereafter whether each such nation has provided the
documentary evidence described in paragraph (1)(A) and
established a management plan described in paragraph
(1)(B).
(4) Alternative procedure.--The Secretary shall
establish a procedure for certification, on a shipment-
by-shipment, shipper-by-shipper, or other basis of fish
or fish products from a vessel of a harvesting nation
not certified under paragraph (3) if the Secretary
determines that such imports were harvested by
practices that do not result in bycatch of a protected
marine species, or were harvested by practices that--
(A) are comparable to those of the United
States, taking into account different
conditions, and which, in the case of pelagic
longline fishing, includes mandatory use of
circle hooks, careful handling and release
equipment, and training and observer programs;
and
(B) include the gathering of species specific
data that can be used to support international
and regional stock assessments and conservation
efforts for protected living marine resources.
(5) Effect of certification.--The provisions of
section [101(a)] 101(a)(3) and section 101(b)(3) and
(4) of this Act (16 U.S.C. [1826a(a),] 1826a(a)(3),
(b)(3), and (b)(4)) (except to the extent that such
provisions apply to sport fishing equipment or fish or
fish products not caught by the vessels engaged in
illegal, unreported, or unregulated fishing) shall
apply to any nation identified under subsection (a)
[that has not been certified by the Secretary under
this subsection, or] for which the Secretary has issued
a negative certification under this subsection, but
shall not apply to any nation identified under
subsection (a) for which the Secretary has issued a
positive certification under this subsection.
(d) International Cooperation and Assistance.--To the
greatest extent possible consistent with existing authority and
the availability of funds, the Secretary shall--
(1) provide appropriate assistance to nations
identified by the Secretary under subsection (a) and
international organizations of which those nations are
members to assist those nations in qualifying for
certification under subsection (c);
(2) undertake, where appropriate, cooperative
research activities on species statistics and improved
harvesting techniques, with those nations or
organizations;
(3) encourage and facilitate the transfer of
appropriate technology to those nations or
organizations to assist those nations in qualifying for
certification under subsection (c); and
(4) provide assistance to those nations or
organizations in designing and implementing appropriate
fish harvesting plans.
(e) Protected Living Marine Resource Defined.--In this
section the term ``protected living marine resource''--
(1) means non-target fish, sea turtles, or marine
mammals that are protected under United States law or
international agreement, including the Marine Mammal
Protection Act, the Endangered Species Act, the Shark
Finning Prohibition Act, and the Convention on
International Trade in Endangered Species of Wild Flora
and Fauna; but
(2) does not include species, except sharks, managed
under the Magnuson-Stevens Fishery Conservation and
Management Act, the Atlantic Tunas Convention Act, or
any international fishery management agreement.
(f) Authorization of Appropriations.--There are authorized to
be appropriated to the Secretary for fiscal years 2007 through
2013 such sums as are necessary to carry out this section.
MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT
SEC. 402. INFORMATION COLLECTION.
[16 U.S.C. 1881a]
(a) Collection Programs.--
(1) Council requests.--If a Council determines that
additional information would be beneficial for
developing, implementing, or revising a fishery
management plan or for determining whether a fishery is
in need of management, the Council may request that the
Secretary implement an information collection program
for the fishery which would provide the types of
information specified by the Council. The Secretary
shall undertake such an information collection program
if he determines that the need is justified, and shall
promulgate regulations to implement the program within
60 days after such determination is made. If the
Secretary determines that the need for an information
collection program is not justified, the Secretary
shall inform the Council of the reasons for such
determination in writing. The determinations of the
Secretary under this paragraph regarding a Council
request shall be made within a reasonable period of
time after receipt of that request.
(2) Secretarial initiation.--If the Secretary
determines that additional information is necessary for
developing, implementing, revising, or monitoring a
fishery management plan, or for determining whether a
fishery is in need of management, the Secretary may, by
regulation, implement an information collection or
observer program requiring submission of such
additional information for the fishery.
(b) Confidentiality of Information.--
(1) Any information submitted to the Secretary, a
State fishery management agency, or a marine fisheries
commission by any person in compliance with the
requirements of this Act shall be confidential and
shall not be disclosed except--
(A) to Federal employees and Council
employees who are responsible for fishery
management plan development, monitoring, or
enforcement;
(B) to State or Marine Fisheries Commission
employees as necessary to further the
Department's mission, subject to a
confidentiality agreement that prohibits public
disclosure of the identity of business of any
person;
(C) to State employees who are responsible
for fishery management plan enforcement, if the
States employing those employees have entered
into a fishery enforcement agreement with the
Secretary and the agreement is in effect;
(D) when required by court order;
(E) when such information is used by State,
Council, or Marine Fisheries Commission
employees to verify catch under a limited
access program, but only to the extent that
such use is consistent with subparagraph (B);
(F) when the Secretary has obtained written
authorization from the person submitting such
information to release such information to
persons for reasons not otherwise provided for
in this subsection, and such release does not
violate other requirements of this Act;
(G) when such information is required to be
submitted to the Secretary for any
determination under a limited access program;
[or]
(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 USC
1826i(b)); or
[(H)] (I) in support of homeland and national
security activities, including the Coast
Guard's homeland security missions as defined
in section 888(a)(2) of the Homeland Security
Act of 2002 (6 U.S.C. 468(a)(2)).
(2) Any observer information shall be confidential
and shall not be disclosed, except in accordance with
the requirements of subparagraphs (A) through (H) of
paragraph (1), or--
(A) as authorized by a fishery management
plan or regulations under the authority of the
North Pacific Council to allow disclosure to
the public of weekly summary bycatch
information identified by vessel or for haul-
specific bycatch information without vessel
identification;
(B) when such information is necessary in
proceedings to adjudicate observer
certifications; or
(C) as authorized by any regulations issued
under paragraph (3) allowing the collection of
observer information, pursuant to a
confidentiality agreement between the
observers, observer employers, and the
Secretary prohibiting disclosure of the
information by the observers or observer
employers, in order--
(i) to allow the sharing of observer
information among observers and between
observers and observer employers as
necessary to train and prepare
observers for deployments on specific
vessels; or
(ii) to validate the accuracy of the
observer information collected.
(3) The Secretary shall, by regulation, prescribe
such procedures as may be necessary to preserve the
confidentiality of information submitted in compliance
with any requirement or regulation under this Act,
except that the Secretary may release or make public
any such information in any aggregate or summary form
which does not directly or indirectly disclose the
identity or business of any person who submits such
information. Nothing in this subsection shall be
interpreted or construed to prevent the use for
conservation and management purposes by the Secretary,
or with the approval of the Secretary, the Council, of
any information submitted in compliance with any
requirement or regulation under this Act or the use,
release, or publication of bycatch information pursuant
to paragraph (2)(A).
(c) Restriction on Use of Certain Information.--
(1) The Secretary shall promulgate regulations to
restrict the use, in civil enforcement or criminal
proceedings under this Act, the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1361 et seq.), and
the Endangered Species Act (16 U.S.C. 1531 et seq.), of
information collected by voluntary fishery data
collectors, including sea samplers, while aboard any
vessel for conservation and management purposes if the
presence of such a fishery data collector aboard is not
required by any of such Acts or regulations thereunder.
(2) The Secretary may not require the submission of a
Federal or State income tax return or statement as a
prerequisite for issuance of a permit until such time
as the Secretary has promulgated regulations to ensure
the confidentiality of information contained in such
return or statement, to limit the information submitted
to that necessary to achieve a demonstrated
conservation and management purpose, and to provide
appropriate penalties for violation of such
regulations.
(d) Contracting Authority.--Notwithstanding any other
provision of law, the Secretary may provide a grant, contract,
or other financial assistance on a sole-source basis to a
State, Council, or Marine Fisheries Commission for the purpose
of carrying out information collection or other programs if--
(1) the recipient of such a grant, contract, or other
financial assistance is specified by statute to be, or
has customarily been, such State, Council, or Marine
Fisheries Commission; or
(2) the Secretary has entered into a cooperative
agreement with such State, Council, or Marine Fisheries
Commission.
(e) Resource Assessments.--
(1) The Secretary may use the private sector to
provide vessels, equipment, and services necessary to
survey the fishery resources of the United States when
the arrangement will yield statistically reliable
results.
(2) The Secretary, in consultation with the
appropriate Council and the fishing industry--
(A) may structure competitive solicitations
under paragraph (1) so as to compensate a
contractor for a fishery resources survey by
allowing the contractor to retain for sale fish
harvested during the survey voyage;
(B) in the case of a survey during which the
quantity or quality of fish harvested is not
expected to be adequately compensatory, may
structure those solicitations so as to provide
that compensation by permitting the contractor
to harvest on a subsequent voyage and retain
for sale a portion of the allowable catch of
the surveyed fishery; and
(C) may permit fish harvested during such
survey to count toward a vessel's catch history
under a fishery management plan if such survey
was conducted in a manner that precluded a
vessel's participation in a fishery that
counted under the plan for purposes of
determining catch history.
(3) The Secretary shall undertake efforts to expand
annual fishery resource assessments in all regions of
the Nation.
ANTARCTIC MARINE LIVING RESOURCES CONVENTION ACT OF 1984
SEC. 306. UNLAWFUL ACTIVITIES.
[16 U.S.C. 2435]
It is unlawful for any person--
(1) to engage in harvesting or other associated
activities in violation of the provisions of the
Convention or in violation of a conservation measure in
force with respect to the United States pursuant to
article IX of the Convention;
(2) to violate any regulation promulgated under this
title;
(3) to ship, transport, offer for sale, sell,
purchase, import, export, or have custody, control or
possession of, any Antarctic marine living resource (or
part or product thereof) [which he knows, or reasonably
should have known, was] harvested in violation of a
conservation measure in force with respect to the
United States pursuant to article IX of the Convention
or in violation of any regulation promulgated under
this title, without regard to the citizenship of the
person that harvested, or vessel that was used in the
harvesting of, the Antarctic marine living resource (or
part or product thereof);
(4) to refuse to permit any authorized officer or
employee of the United States to board a vessel of the
United States or a vessel subject to the jurisdiction
of the United States for purposes of conducting any
[search or inspection] search, investigation, or
inspection in connection with the enforcement of the
Convention, this title, or any regulations promulgated
under this title;
(5) to assault, resist, oppose, impede, intimidate,
or interfere with any authorized officer or employee of
the United States in the conduct of any search or
inspection described in paragraph (4);
(6) to resist a lawful arrest or detention for any
act prohibited by this section; [or]
(7) to interfere with, delay, or prevent, by any
means, the apprehension, arrest, or detention of
another person, knowing that such other person has
committed any act prohibited by this [section.]
section; 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.
SEC. 307. REGULATIONS.
[16 U.S.C. 2436]
The Secretary of Commerce, after consultation with the
Secretary of State, the Secretary of the department in which
the Coast Guard is operating, and the heads of other
appropriate departments or agencies of the United States, shall
promulgate such regulations as are necessary and appropriate to
implement the provisions of this title. 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.
[SEC. 308. CIVIL PENALTIES.
[16 U.S.C. 2437]
[(a) Assessment of Penalties.--
[(1) Any person who is found by the Secretary of
Commerce, after notice and opportunity for a hearing in
accordance with subsection (b), to have committed any
act prohibited by section 306 shall be liable to the
United States for a civil penalty. The amount of the
civil penalty shall not exceed $5,000 for each
violation unless the prohibited act was knowingly
committed, in which case the amount of the civil
penalty shall not exceed $10,000 for each violation.
Each day of a continuing violation shall constitute a
separate violation for purposes of this subsection. The
amount of any civil penalty shall be assessed by the
Secretary of Commerce by written notice. In determining
the amount of such penalty, the Secretary of Commerce
shall take into account the nature, circumstances,
extent, and gravity of the prohibited acts committed,
and, with respect to the person committing the
violation, the degree of culpability, any history of
prior offenses, ability to pay, and such other matters
as justice may require, to the extent that such
information is reasonably available to the Secretary.
[(2) The Secretary of Commerce may compromise,
modify, or remit, with or without conditions, any civil
penalty which is subject to imposition or which has
been imposed under this section, until such time as the
matter is referred to the Attorney General under
subsection (c) of this section.
[(b) Hearings.--Hearings for the assessment of civil
penalties under subsection (a) shall be conducted in accordance
with section 554 of title 5, United States Code. For the
purposes of conducting any such hearing, the Secretary of
Commerce may issue subpoenas for the attendance and testimony
of witnesses and the production of relevant papers, books, and
documents, and may administer oaths. Witnesses summoned shall
be paid the same fees and mileage that are paid to witnesses in
the courts of the United States. In case of contumacy or
refusal to obey a subpoena served upon any person pursuant to
this subsection, the district court of the United States for
any district in which such person is found, resides, or
transacts business, upon application by the Attorney General of
the United States and after notice to such person, shall have
jurisdiction to issue an order requiring such person to appear
and give testimony before the Secretary of Commerce or to
appear and produce documents before the Secretary of Commerce,
or both, and any failure to obey such order of the court may be
punished by such court as a contempt thereof.
[(c) Review of Civil Penalty.--Any person against whom a
civil penalty is assessed under subsection (a) of this section
may obtain review thereof in the appropriate district court of
the United States by filing a notice of appeal in such court
within 30 days from the date of such order and by
simultaneously sending a copy of such notice by certified mail
to the Secretary of Commerce, the Attorney General, and the
appropriate United States Attorney. The Secretary of Commerce
shall promptly refer the matter to the Attorney General of the
United States, who shall file in such court a certified copy of
the record upon which the violation was found or such penalty
imposed, as provided in section 2112 of title 28, United States
Code. The court shall set aside the findings and order of the
Secretary if the findings and order are found to be unsupported
by substantial evidence, as provided in section 706(2)(E) of
title 5, United States Code.
[(d) Recovery of Civil Penalties.--The Attorney General of
the United States may seek to recover in any appropriate
district court of the United States (1) any civil penalty
imposed under this section that has become a final and
unappealable order and has been referred to the Attorney
General by the Secretary of Commerce or (2) any final judgment
rendered under this section in favor of the United States by an
appropriate Court.
[(e) Penalties under Other Laws.--The assessment of a civil
penalty under subsection (a) for any act shall not be deemed to
preclude the assessment of a civil penalty for such act under
any other law.
[SEC. 309. CRIMINAL OFFENSES.
[16 U.S.C. 2438]
[(a) Offenses.--A person is guilty of an offense if that
person commits any act prohibited by paragraph (4), (5), (6),
or (7) of section 306.
[(b) Punishment.--Any offense described in subsection (a) is
punishable by a fine of $50,000, or imprisonment for not more
than ten years, or both.
[(c) Offenses under Other Laws.--A conviction under
subsection (a) for any act shall not be deemed to preclude a
conviction for such act under any other law.]
SEC. 310. ENFORCEMENT.
[16 U.S.C. 2439]
(a) Responsibility.--The provisions of this title shall be
enforced by the Secretary of Commerce and the Secretary of the
department in which the Coast Guard is operating. Such
Secretaries may utilize by agreement, on a reimbursable basis
or otherwise, the personnel, services, and facilities of any
other department or agency of the United States in the
performance of such duties.
[(b) Powers of Authorized Officers and Employees.--Any
officer or employee of the United States who is authorized (by
the Secretary of Commerce, the Secretary of the department in
which the Coast Guard is operating, or the head of any
department or agency of the United States which has entered
into an agreement with either Secretary under subsection (a))
to enforce the provisions of this title and of any regulation
promulgated under this title may, in enforcing such
provisions--
[(1) secure, execute, and serve any order, warrant,
subpoena, or other process, which is issued under the
authority of the United States;
[(2) search without warrant any person, place,
vehicle or aircraft subject to the jurisdiction of the
United States where there are reasonable grounds to
believe that a person has committed or is attempting to
commit an act prohibited by section 306,
[(3) with or without a warrant board and search or
inspect any vessel of the United States or vessel
subject to the jurisdiction of the United States;
[(4) seize without warrant--
[(A) any evidentiary item where there are
reasonable grounds to believe that a person has
committed or is attempting to commit an act
prohibited by section 306,
[(B) any Antarctic marine living resources
(or part of product thereof) with respect to
which such an act is committed,
[(C) any vessel of the United States
(including its gear, furniture, appurtenances,
stores, and cargo), any vessel subject to the
jurisdiction of the United States (including
its gear, furniture, appurtenances, stores, and
cargo), and any vehicle, aircraft, or other
means of transportation subject to the
jurisdiction of the United States used in
connection with such an act, and
[(D) any guns, traps, nets, or equipment used
in connection with such an act;
[(5) offer and pay rewards for services or
information which may lead to the apprehension of
persons violating such provisions;
[(6) make inquiries, and administer to, or take from,
any person an oath, affirmation, or affidavit,
concerning any matter which is related to the
enforcement of such provisions;
[(7) in coordination with the Secretary of the
Treasury, detain for inspection and inspect any
package, crate, or other container, including its
contents, and all accompanying documents, upon
importation into, or exportation from, the United
States;
[(8) make an arrest with or without a warrant with
respect to any act prohibited by paragraph (4), (5),
(6), or (7) of section 306 if such officer or employee
has reasonable grounds to believe that the person to be
arrested is committing such act in his or her presence
or view or has committed such act;
[(9) exercise enforcement powers conferred on such
officer or employee under a system of observation and
inspection, or interim arrangements pending the
establishment of such a system, which the Secretary of
State has agreed to on behalf of the United States
pursuant to section 305(b); and
[(10) exercise any other authority which such officer
or employee is permitted by law to exercise.
[(c) Seizure.--Subject to the succeeding provisions of this
subsection, any property or item seized pursuant to subsection
(b) shall be held by any officer or employee of the United
States, who is authorized by the Secretary of Commerce or the
Secretary of the department in which the Coast Guard is
operating, pending the disposition of civil or criminal
proceedings concerning the violation relating to the property
or item, or the institution of an action in rem for the
forfeiture of such property or item. Such authorized officer or
employee may, upon the order of a court of competent
jurisdiction, either release such seized property or item to
the wild or destroy such property or item, when the cost of
maintenance of the property or item pending the disposition of
the case is greater than the legitimate market value of the
property or item. Such authorized officer or employee and all
officers or employees acting by or under his or her direction
shall be indemnified from any penalties or actions for damages
for so releasing or destroying such property or item. Such
authorized officer or employee may, in lieu of holding such
property or item, permit the owner or consignee thereof to post
a bond or other satisfactory surety.
[(d) Forfeiture.--
[(1) Any Antarctic marine living resource (or part of
product thereof) with respect to which an act
prohibited by section 306 is committed, any vessel of
the United States (including its gear, furniture,
appurtenances, stoves, and cargo), vessel subject to
the jurisdiction of the United States (including its
gear, furniture, appurtenances, stoves, and cargo), or
vessel, vehicle, or aircraft or other means of
transportation subject to the jurisdiction of the
United States, which is used in connection with an act
prohibited by section 306, and all guns, traps, nets,
and other equipment used in connection with such act,
shall be subject to forfeiture to the United States.
[(2) Upon the forfeiture to the United States of any
property or item described in paragraph (1), or upon
the abandonment or waiver of any claim to any such
property or item, it shall be disposed of by the
Secretary of Commerce, or the Secretary of the
department in which the Coast Guard is operating, as
the case may be, in such a manner, consistent with the
purposes of this title, as may be prescribed by
regulation.]
(b) Administration and Enforcement.--This title shall be
enforced under section 101 of the International Fisheries
Stewardship and Enforcement Act.
[(e)] (c) Application of Customs Laws.--All provisions of law
relating to the seizure, forfeiture, and condemnation of
property (including vessels) for violation of the customs laws,
the disposition of such property or the proceeds from the sale
thereof, and the remission or mitigation of such forfeiture,
shall apply to the seizures and forfeitures incurred, or
alleged to have been incurred, and the compromise of claims,
under the provisions of this title, insofar as such provisions
of law are applicable and not inconsistent with the provisions
of this title; except that all powers, rights, and duties
conferred or imposed by the customs laws upon any officer or
employee of the Customs Service may, for the purposes of this
title, also be exercised or performed by the Secretary of
Commerce or the Secretary of the department in which the Coast
Guard is operating, or by such officers or employees of the
United States as each Secretary may designate.
PACIFIC SALMON TREATY ACT OF 1985
SEC. 8. PROHIBITED ACTS AND PENALTIES.
[16 U.S.C. 3637]
(a) Unlawful Acts.--It is unlawful for any person or vessel
subject to the jurisdiction of the United States--
(1) to violate any provision of this title, or of any
regulation adopted hereunder, or of any Fraser River
Panel regulation approved by the United States under
the Treaty;
(2) to refuse to permit any officer authorized to
enforce the provisions of this title to board a fishing
vessel subject to such person's control for purposes of
conducting any [search or inspection] search,
investigation, or inspection in connection with the
enforcement of this title;
(3) to forcibly assault, resist, oppose, impede,
intimidate, or interfere with any such authorized
officer in the conduct of any [search or inspection]
search, investigation, or inspection described in
subparagraph (2);
(4) to resist a lawful arrest for any act prohibited
by this section;
(5) 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 title; [or]
(6) 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.] section; or
(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.
[(b) Civil Penalty.--Any person who commits any act that is
unlawful under subsection (a) of this section shall be liable
to the United States for a civil penalty as provided by section
308 of the Magnuson Act (16 U.S.C. 1858).
[(c) Criminal Penalty.--Any person who commits an act that is
unlawful under paragraph (2), (3), (4), or (6) of subsection
(a) of this section shall be guilty of an offense punishable as
provided by section 309(b) of the Magnuson Act (16 U.S.C.
1859(b)).
[(d) Forfeiture.--
[(1) Any vessel (including its gear, furniture,
appurtenances, stores, and cargo) used in the
commission of an act which is prohibited under
subsection (a) of this section, and any fish (or the
fair market value thereof) taken or retained, in any
manner, in connection with or as a result of the
commission of any act which is prohibited by subsection
(a) of this section, shall be subject to forfeiture as
provided by section 310 of the Magnuson Act (16 U.S.C.
1860).
[(2) Any fish seized pursuant to this title may be
disposed of pursuant to the order of a court of
competent jurisdiction or, if perishable, in a manner
prescribed by regulation of the Secretary.
[(e) Enforcement Authority.--The Secretary and the Secretary
of the Department in which the Coast Guard is operating shall
enforce the provisions of this title and shall have the
authority provided by subsections 311 (a), (b)(1), and (c) of
the Magnuson Act (16 U.S.C. 1861 (a), (b)(1), and (c)).
[(f) Jurisdiction.--The district courts of the United States
shall have exclusive jurisdiction over any case or controversy
arising under this section and may, at any time--
[(1) enter restraining orders or prohibitions;
[(2) issue warrants, process in rem, or other
process;
[(3) prescribe and accept satisfactory bonds or other
security; and
[(4) take such other actions as are in the interest
of justice.]
(b) Administration and Enforcement.--This Act shall be
enforced under section 101 of the International Fisheries
Stewardship and Enforcement Act.
SEC. 11. ADMINISTRATIVE MATTERS.
[16 U.S.C. 3640]
(a) Compensation of Commissioners and Alternate
Commissioners.--Commissioners and Alternate Commissioners who
are not State or Federal employees shall receive compensation
at the daily rate of GS-18 of the General Schedule when engaged
in the actual performance of duties for the United States
Section or for the Commission.
(b) Compensation of Panel Members and Alternate Panel
Members.--Panel Members and Alternate Panel Members who are not
State or Federal employees shall receive compensation at the
daily rate of GS-16 of the General Schedule when engaged in the
actual performance of duties for the United States Section or
for the Commission.
(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.
[(c)] (d) Travel; Other Expenses.--Travel and other necessary
expenses shall be paid for all United States Commissioners,
Alternate Commissioners, Panel Members, Alternate Panel
Members, members of the Joint Technical Committee, and members
of the Advisory Committee when engaged in the actual
performance of duties for the United States Section or for the
Commission.
[(d)] (e) Individuals Not Considered Federal Employees.--
Except for officials of the United States Government, such
individuals shall not be considered to be Federal employees
while engaged in the actual performance of duties for the
United States Section or for the Commission, except for the
purposes of injury compensation or tort claims liability as
provided in chapter 81 of title 5, United States Code, and
chapter 71 of title 28, United States Code.
SEC. 16. NORTHERN AND SOUTHERN FUNDS; TREATY IMPLEMENTATION; ADDITIONAL
AUTHORIZATION OF APPROPRIATIONS.
[16 U.S.C. 3645]
(a) Northern Fund and Southern Fund.--
(1) As provided in the June 30, 1999, Agreement of
the United States and Canada on the Treaty Between the
Government of the United States and the Government of
Canada Concerning Pacific Salmon, 1985 (hereafter
referred to as the ``1999 Pacific Salmon Treaty
Agreement'') there are hereby established a Northern
Boundary and Transboundary Rivers Restoration and
Enhancement Fund (hereafter referred to as the
``Northern Fund'') and a Southern Boundary Restoration
and Enhancement Fund (hereafter referred to as the
``Southern Fund'') to be held by the Pacific Salmon
Commission. The Northern Fund and Southern Fund shall
be invested in interest bearing accounts, bonds,
securities, or other investments in order to achieve
the highest annual yield consistent with protecting the
principal of each Fund. Income from investments made
pursuant to this paragraph shall be available until
expended, without appropriation or fiscal year
limitation, for programs and activities relating to
salmon restoration and enhancement, salmon research,
the conservation of salmon habitat, and implementation
of the Pacific Salmon Treaty and related agreements.
Amounts provided by grants under this subsection may be
held in interest bearing accounts prior to the
disbursement of such funds for program purposes, and
any interest earned may be retained for program
purposes without further appropriation. The Northern
Fund and Southern Fund are subject to the laws
governing Federal appropriations and funds and to
unrestricted circulars of the Office of Management and
Budget. Recipients of amounts from either Fund shall
keep separate accounts and such records as are
reasonably necessary to disclose the use of the funds
as well as to facilitate effective audits.
(2) Fund management.--
(A) As provided in the 1999 Pacific Salmon
Treaty Agreement, amounts made available from
the Northern Fund pursuant to paragraph (1)
shall be administered by a Northern Fund
Committee, which shall be comprised of three
representatives of the Government of Canada,
and three representatives of the United States.
The three United States representatives shall
be the United States Commissioner and Alternate
Commissioner appointed (or designated) from a
list submitted by the Governor of Alaska for
appointment to the Pacific Salmon Commission
and the Regional Administrator of the National
Marine Fisheries Service for the Alaska Region.
Only programs and activities consistent with
the purposes in paragraph (1) which affect the
geographic area from Cape Caution, Canada to
Cape Suckling, Alaska may be approved for
funding by the Northern Fund Committee.
(B) As provided in the 1999 Pacific Salmon
Treaty Agreement, amounts made available from
the Southern Fund pursuant to paragraph (1)
shall be administered by a Southern Fund
Committee, which shall be comprised of three
representatives of Canada and three
representatives of the United States. The
United States representatives shall be
appointed by the Secretary of Commerce: one
shall be selected from a list of three
qualified individuals submitted by the
Governors of the States of Washington and
Oregon; one shall be selected from a list of
three qualified individuals submitted by the
treaty Indian tribes (as defined by the
Secretary of Commerce); and one shall be the
Regional Administrator of the National Marine
Fisheries Service for the Northwest Region.
Only programs and activities consistent with
the purposes in paragraph (1) which affect the
geographic area south of Cape Caution, Canada
may be approved for funding by the Southern
Fund Committee.
(b) Pacific Salmon Treaty Implementation.--
(1) None of the funds authorized by this section for
implementation of the 1999 Pacific Salmon Treaty
Agreement shall be made available until each of the
following conditions to the 1999 Pacific Salmon Treaty
Agreement has been fulfilled--
(A) stipulations are revised and court orders
requested as set forth in the letter of
understanding of the United States negotiators
dated June 22, 1999. If such orders are not
requested by December 31, 1999, this condition
shall be considered unfulfilled; and
(B) a determination is made that--
(i) the entry by the United States
into the 1999 Pacific Salmon Treaty
Agreement;
(ii) the conduct of the Alaskan
fisheries pursuant to the 1999 Pacific
Salmon Treaty Agreement, without
further clarification or modification
of the management regimes contained
therein; and
(iii) the decision by the North
Pacific Fisheries Management Council to
continue to defer its management
authority over salmon to the State of
Alaska are not likely to cause jeopardy
to, or adversely modify designated
critical habitat of, any salmonid
species listed under Public Law 93 205,
as amended, in any fishery subject to
the Pacific Salmon Treaty.
(2) If the requests for orders in subparagraph (1)(A)
are withdrawn after December 31, 1999, or if such
orders are not entered by March 1, 2000, amounts in the
Northern Fund and the Southern Fund shall be
transferred to the general fund of the United States
Treasury.
(3) During the term of the 1999 Pacific Salmon Treaty
Agreement, the Secretary of Commerce shall determine
whether Southern United States fisheries are likely to
cause jeopardy to, or adversely modify designated
critical habitat of, any salmonid species listed under
Public Law 93 205, as amended, before the Secretary of
Commerce may initiate or reinitiate consultation on
Alaska fisheries under such Act.
(4) During the term of the 1999 Pacific Salmon Treaty
Agreement, the Secretary of Commerce may not initiate
or reinitiate consultation on Alaska fisheries under
section 7 of Public Law 93 205, as amended, until--
(A) the Pacific Salmon Commission has had a
reasonable opportunity to implement the
provisions of the 1999 Pacific Salmon Treaty
Agreement, including the harvest responses
pursuant to Paragraph 9, Chapter 3 of Annex IV
to the Pacific Salmon Treaty; and
(B) he determines, in consultation with the
United States Section of the Pacific Salmon
Commission, that implementation actions under
the 1999 Agreement will not return escapements
as expeditiously as possible to maximum
sustainable yield or other biologically-based
escapement objectives agreed to by the Pacific
Salmon Commission.
(5) The Secretary of Commerce shall notify the
Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Resources of the House
of Representatives of his intent to initiate or
reinitiate consultation on Alaska fisheries.
(6)(A) For purposes of this section, ``Alaska
fisheries'' means all directed Pacific salmon fisheries
off the coast of Alaska that are subject to the Pacific
Salmon Treaty.
(B) For purposes of this section, ``Southern United
States fisheries'' means all directed Pacific salmon
fisheries in Washington, Oregon, and the Snake River
basin of Idaho that are subject to the Pacific Salmon
Treaty.
* * * * * * *
(d) Authorization of Appropriations.--
(1) Pacific salmon treaty.--
(A) For capitalizing the Northern Fund there
is authorized to be appropriated in fiscal
years 2000, 2001, 2002, and 2003 a total of
$75,000,000.
(B) For capitalizing the Southern Fund there
is authorized to be appropriated in fiscal
years 2000, 2001, 2002, and 2003 a total of
$65,000,000.
(C) To provide economic adjustment assistance
to fishermen pursuant to the 1999 Pacific
Salmon Treaty Agreement, there is authorized to
be appropriated in fiscal years 2000, 2001, and
2002 a total of $30,000,000.
(2) Pacific coastal salmon recovery.--
(A) For salmon habitat restoration, salmon
stock enhancement, sustainable salmon
fisheries, and salmon research, including the
construction of salmon research and related
facilities, there is authorized to be
appropriated for each of fiscal years 2000,
2001, 2002, [and] 2003, 2005, 2006, 2007, 2008,
[and 2009,] 2009, 2010, 2011, 2012, and 2013,
$90,000,000 to the States of Alaska,
Washington, Oregon, Idaho, and California.
Amounts appropriated pursuant to this
subparagraph shall be made available as direct
payments. The State of Alaska may allocate a
portion of any funds it receives under this
subsection to eligible activities outside
Alaska.
(B) For salmon habitat restoration, salmon
stock enhancement, salmon research, and
supplementation activities, there is authorized
to be appropriated in each of fiscal years
2000, 2001, 2002, and 2003, $10,000,000 to be
divided between the Pacific Coastal tribes (as
defined by the Secretary of Commerce) and the
Columbia River tribes (as defined by the
Secretary of Commerce).
NORTHERN PACIFIC ANADROMOUS STOCKS ACT OF 1992
SEC. 810. UNLAWFUL ACTIVITIES.
[16 U.S.C. 5009]
It is unlawful for any person or fishing vessel subject to
the jurisdiction of the United States--
(1) to fish for any anadromous fish in the Convention
area;
(2) to retain on board any anadromous fish taken
incidentally in a fishery directed at nonanadromous
fish in the Convention area;
(3) to fail to return immediately to the sea any
anadromous fish taken incidentally in a fishery
directed at nonanadromous fish in the Convention area;
(4) to ship, transport, offer for sale, sell,
purchase, import, export, or have custody, control, or
possession of, any anadromous fish taken or retained in
violation of the Convention, this title, or any
regulation issued under this title;
(5) to refuse to permit any enforcement officer to
board a fishing vessel subject to such person's control
for [purchases] purposes of conducting any [search or
inspection] search, investigation, or inspection in
connection with the enforcement of the Convention, this
title, or any regulation issued under this title;
(6) to forcibly assault, resist, oppose, impede,
intimidate, or interfere with any enforcement officer
in the conduct of any [search or inspection] search,
investigation, or inspection described in paragraph
(5);
(7) to resist a lawful arrest or detection for any
act prohibited by this section;
(8) 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]
(9) to violate any provision of the Convention, this
title, or any regulation issued under this [title.]
title; or
(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.
[SEC. 811. PENALTIES.
[16 U.S.C. 5010]
[(a) Civil Penalties.--
[(1) Any person who is found by the Secretary of
Commerce, after notice and opportunity for a hearing in
accordance with section 554 of title 5, United States
Code, to have committed an act prohibited by section
810 shall be liable to the United States for a civil
penalty. The amount of the civil penalty shall not
exceed $100,000 for each violation. Each day of a
continuing violation shall constitute a separate
offense. The amount of such civil penalty shall be
assessed by the Secretary of Commerce, or the
Secretary's designee, by written notice. In determining
the amount of such penalty, the Secretary of Commerce
shall take into account the nature, circumstances,
extent, and gravity of the prohibited acts committed
and, with respect to the violation, the degree of
culpability, any history of prior offenses, ability to
pay, and such other matters as justice may require.
[(2) Any person against whom a civil penalty is
assessed under paragraph (1) may obtain review thereof
in the appropriate court of the United States by filing
a complaint in such court within 30 days from the date
of such order and by simultaneously serving a copy of
such complaint by certified mail on the Secretary of
Commerce, the Attorney General, and the appropriate
United States Attorney. The Secretary of Commerce shall
promptly file in such court a certified copy of the
record upon which such violation was found or such
penalty imposed, as provided in section 2112 of title
28, United States Code. The findings and order of the
Secretary of Commerce shall be set aside by such court
if they are not found to be supported by substantial
evidence, as provided in section 706(2) of title 5,
United States Code.
[(3) If any person fails to pay an assessment of a
civil penalty after it has become a final and
unappealable order, or after the appropriate court has
entered final judgment in favor of the Secretary of
Commerce, the matter shall be referred to the Attorney
General, who shall recover the amount assessed in any
appropriate district court of the United States. In
such action, the validity and appropriateness of the
final order imposing the civil penalty shall not be
subject to review.
[(4) a fishing vessel (including its fishing gear,
furniture, appurtenances, stores, and cargo) used in
the commission of an act prohibited by section 810
shall be liable in rem for any civil penalty assessed
for such violation under paragraph (1) and may be
proceeded against in any district court of the United
States having jurisdiction thereof. Such penalty shall
constitute a maritime lien on such vessel that may be
recovered in an action in rem in the district court of
the United States having jurisdiction over the vessel.
[(5) The Secretary of Commerce may compromise,
modify, or remit, with or without conditions, any civil
penalty that is subject to imposition or that has been
imposed under this section.
[(6) For the purposes of conducting any hearing under
this section, the Secretary of Commerce may issue
subpoenas for the attendance and testimony of witnesses
and the production of relevant papers, books, and
documents, and may administer oaths. Witnesses summoned
shall be paid the same fees and mileage that are paid
to witnesses in the courts of the United States. In
case of contempt or refusal to obey a subpoena served
upon any person pursuant to this paragraph, the
district court of the United States for any district in
which such person is found, resides, or transacts
business, upon application by the United States and
after notice to such person, shall have jurisdiction to
issue an order requiring such person to appear and give
testimony before the Secretary of Commerce or to appear
and produce documents before the Secretary of Commerce,
or both, and any failure to obey such order of the
court may be punished by such court as a contempt
thereof.
[(b) Offenses.--
[(1) A person is guilty of an offense if the person
commits any act prohibited by section 810 (5), (6),
(7), or (8).
[(2) Any offense described in paragraph (1) is a
class A misdemeanor punishable by a fine under title
18, United States code, or imprisonment for not more
than 6 months, or both; except that if in the
commission of any offense the person uses a dangerous
weapon, engages in conduct that causes bodily injury to
any enforcement officer, or places and such officer in
fear of imminent bodily injury, the offense is a felony
punishable by a fine under title 18, United States
Code, or imprisonment for not more than 10 years, or
both.
[(c) Forfeiture.--
[(1) Any fishing vessel (including its fishing gear,
furniture, appurtenances, stores, and cargo) used, and
any fish (or a fair market value thereof) taken or
retained, in any manner, in connection with or as a
result of the commission of any act prohibited by
section 810 shall be subject to forfeiture to the
United States. All or part of such vessel may, and all
such fish shall, be forfeited to the United States
pursuant to a civil proceeding under this section.
[(2) Any district court of the United States shall
have jurisdiction, upon application of the Attorney
General on behalf of the United States, to order any
forfeiture authorized under paragraph (1) and any
action provided for under paragraph (4).
[(3) if a judgment is entered for the United States
in a civil forfeiture proceeding under this section,
the Attorney General may seize any property or other
interest declared forfeited to the United States, which
has not previously been seized pursuant to this title
or for which security has not previously been obtained.
The provisions of the customs laws relating to--
[(A) the seizure, forfeiture, and
condemnation of property for violation of the
customs law;
[(B) the disposition of such property or the
proceeds from the sale thereof; and
[(C) the remission or mitigation of any such
forfeiture;
shall apply to seizures and forfeitures incurred, or
alleged to have been incurred, under the provisions of
this title, unless such provisions are inconsistent
with the purposes, policy, and provisions of this
title.
[(4)(A) Any officer authorized to serve any process
in rem that is issued by a court having jurisdiction
under section 809(b) shall--
[(i) stay the execution of such process; or
[(ii) discharge any fish seized pursuant to
such process; upon receipt of a satisfactory
bond or other security from any person claiming
such property. Such bond or other security
shall be conditioned upon such person
delivering such property to the appropriate
court upon order thereof, without any
impairment of its value, or paying the monetary
value of such property pursuant to an order of
such court. Judgment shall be recoverable on
such bond or other security against both the
principal and any sureties in the event that
any condition thereof is breached, as
determined by such court.
[(B) Any fish seized pursuant to this title may be
sold, subject to the approval and direction of the
appropriate court, for not less than the fair market
value thereof. The proceeds of any such sale shall be
deposited with such court pending the disposition of
the matter involved.
[(5) For purposes of this section, it shall be a
rebuttable presumption that all fish found on board a
fishing vessel and which is seized in connection with
an act prohibited by section 810 were taken or retained
in violation of the Convention and this title.]
SEC. 811. ADMINISTRATION AND ENFORCEMENT.
This Act shall be enforced under section 101 of the
International Fisheries Stewardship and Enforcement Act.
HIGH SEAS FISHING COMPLIANCE ACT
SEC. 104. PERMITTING.
[16 U.S.C. 5503]
(a) In General.--No high seas fishing vessel shall engage in
harvesting operations on the high seas unless the vessel has on
board a valid permit issued under this section.
(b) Eligibility.--
(1) Any vessel of the United States is eligible to
receive a permit under this section, unless the vessel
was previously authorized to be used for fishing on the
high seas by a foreign nation, and--
(A) the foreign nation suspended such
authorization because the vessel undermined the
effectiveness of international conservation and
management measures, and the suspension has not
expired; or
(B) the foreign nation, within the last three
years preceding application for a permit under
this section, withdrew such authorization
because the vessel undermined the effectiveness
of international conservation and management
measures.
(2) The restriction in paragraph (1) does not apply
if ownership of the vessel has changed since the vessel
undermined the effectiveness of international
conservation and management measures, and the new owner
has provided sufficient evidence to the Secretary
demonstrating that the previous owner or operator has
no further legal, beneficial or financial interest in,
or control of, the vessel.
(3) The restriction in paragraph (1) does not apply
if the Secretary makes a determination that issuing a
permit would not subvert the purposes of the Agreement.
(4) The Secretary may not issue a permit to a vessel
unless the Secretary is satisfied that the United
States will be able to exercise effectively its
responsibilities under the Agreement with respect to
that vessel.
(c) Application.--
(1) The owner or operator of a high seas fishing
vessel may apply for a permit under this section by
completing an application form prescribed by the
Secretary.
(2) The application form shall contain--
(A) the vessel's name, previous names (if
known), official numbers, and port of record;
(B) the vessel's previous flags (if any);
(C) the vessel's International Radio Call
Sign (if any);
(D) the names and addresses of the vessel's
owners and operators;
(E) where and when the vessel was built;
(F) the type of vessel;
(G) the vessel's length; and
(H) any other information the Secretary
requires for the purposes of implementing the
Agreement.
(d) Conditions.--The Secretary shall establish such
conditions and restrictions on each permit issued under this
section as are necessary and appropriate to carry out the
obligations of the United States under the Agreement, including
but not limited to the following:
(1) The vessel shall be marked in accordance with the
FAO Standard Specifications for the Marking and
Identification of Fishing Vessels, or with regulations
issued under section 305 of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C.
1855); and
(2) The permit holder shall report such information
as the Secretary by regulation requires, including area
of fishing operations and catch statistics. The
Secretary shall promulgate regulations concerning
conditions under which information submitted under this
paragraph may be released.
(e) Fees.--
(1) The Secretary shall by regulation establish the
level of fees to be charged for permits issued under
this section. The amount of any fee charged for a
permit issued under this section shall not exceed the
administrative costs incurred in issuing such permits.
The permitting fee may be in addition to any fee
required under any regional permitting regime
applicable to high seas fishing vessels.
(2) The fees authorized by paragraph (1) shall be
collected and credited to the Operations, Research and
Facilities account of the National Oceanic and
Atmospheric Administration. Fees collected under this
subsection shall be available for the necessary
expenses of the National Oceanic and Atmospheric
Administration in implementing this Act, and shall
remain available until expended.
[(f) Duration.--A permit issued under this section is valid
for 5 years. A permit issued under this section is void in the
event the vessel is no longer eligible for United States
documentation, such documentation is revoked or denied, or the
vessel is deleted from such documentation.]
(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.
NORTHWEST ATLANTIC FISHERIES CONVENTION ACT OF 1995
SEC. 207. PROHIBITED ACTS [AND PENALTIES] AND ENFORCEMENT.
[16 U.S.C. 5606]
(a) Prohibition.--It is unlawful for any person or vessel
that is subject to the jurisdiction of the United States--
(1) to violate any regulation issued under this title
or any measure that is legally binding on the United
States under the Convention;
(2) to refuse to permit any authorized enforcement
officer to board a fishing vessel that is subject to
the person's control for purposes of conducting any
[search or inspection] search, investigation , or
inspection in connection with the enforcement of this
title, any regulation issued under this title, or any
measure that is legally binding on the United States
under the Convention;
(3) forcibly to assault, resist, oppose, impede,
intimidate, or interfere with any authorized
enforcement officer in the conduct of any [search or
inspection] search, investigation, or inspection
described in paragraph (2);
(4) to resist a lawful arrest for any act prohibited
by this section;
(5) 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 section; [or]
(6) to interfere with, delay, or prevent, by any
means, the apprehension or arrest of another person,
knowing that the other person has committed an act
prohibited by this [section.] section; or
(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.
[(b) Civil Penalty.--Any person who commits any act that is
unlawful under subsection (a) shall be liable to the United
States for a civil penalty, or may be subject to a permit
sanction, under section 308 of the Magnuson Act (16 U.S.C.
1858).
[(c) Criminal Penalty.--Any person who commits an act that is
unlawful under paragraph (2), (3), (4), or (6) of subsection
(a) shall be guilty of an offense punishable under section
309(b) of the Magnuson Act (16 U.S.C. 1859(b)).
[(d) Civil Forfeitures.--
[(1) In general.--Any vessel (including its gear,
furniture, appurtenances, stores, and cargo) used in
the commission of an act that is unlawful under
subsection (a), and any fish (or the fair market value
thereof) taken or retained, in any manner, in
connection with or as a result of the commission of any
act that is unlawful under subsection (a), shall be
subject to seizure and forfeiture as provided in
section 310 of the Magnuson Act (16 U.S.C. 1860).
[(2) Disposal of fish.--Any fish seized pursuant to
this title may be disposed of pursuant to the order of
a court of competent jurisdiction or, if perishable, in
a manner prescribed by regulations issued by the
Secretary.
[(e) Enforcement.--The Secretary and the Secretary of the
department in which the Coast Guard is operating shall enforce
the provisions of this title and shall have the authority
specified in section 311(a), (b)(1), and (c) of the Magnuson
Act (16 U.S.C. 1861(a), (b)(1), and (c)) for that purpose.
[(f) Jurisdiction of Courts.--The district courts of the
United States shall have exclusive jurisdiction over any case
or controversy arising under this section and may, at any
time--
[(1) enter restraining orders or prohibitions;
[(2) issue warrants, process in rem, or other
process;
[(3) prescribe and accept satisfactory bonds or other
security; and
[(4) take such other actions as are in the interests
of justice.]
(b) Administration and Enforcement.--This title shall be
enforced under section 101 of the International Fisheries
Stewardship and Enforcement Act
WESTERN AND CENTRAL PACIFIC FISHERIES CONVENTION IMPLEMENTATION ACT
SEC. 503. APPOINTMENT OF UNITED STATES COMMISSIONERS.
[16 U.S.C. 6902]
(a) In General.--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 Western and Central Pacific Ocean, one of
whom shall be an officer or employee of the Department of
Commerce, and one of whom shall be [the chairman or] a member
of the Western Pacific Fishery Management Council and one of
whom shall be a member of the Pacific Fishery Management
Council. The Commissioners shall be entitled to adopt such
rules of procedures as they find necessary and to select a
chairman from among members who are officers or employees of
the United States Government.
(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, Council, any Panel, or the advisory committee
established pursuant to subsection (d), 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 under chapter 81 of
title 5, United States Code;
(B) requirements concerning ethics, conflicts
of interest, and corruption as provided under
title 18, United States Code; and
(C) any other criminal or civil 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 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.
(d) Advisory Committees.--
(1) Establishment of permanent advisory committee.--
(A) Membership.--There is established an
advisory committee which shall be composed of--
(i) not less than 15 nor more than 20
individuals appointed by the Secretary
of Commerce in consultation with the
United States Commissioners, who shall
select such individuals from the
various groups concerned with the
fisheries covered by the WCPFC
Convention, providing, to the maximum
extent practicable, an equitable
balance among such groups;
(ii) the chair of the Western Pacific
Fishery Management Council's Advisory
Committee or the chair's designee; and
(iii) officials of the fisheries
management authorities of American
Samoa, Guam, and the Northern Mariana
Islands (or their designees).
(B) Terms and privileges.--Each member of the
advisory committee appointed under subparagraph
(A) shall serve for a term of 2 years and shall
be eligible for reappointment. The advisory
committee shall be invited to attend all non-
executive meetings of the United States
Commissioners 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.
(C) Procedures.--The advisory committee
established by subparagraph (A) 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 WCPFC Convention.
The advisory committee shall publish and make
available to the public a statement of its
organization, practices, and procedures. A
majority of the members of the advisory
committee shall constitute a quorum. Meetings
of the advisory committee, except when in
executive session, shall be open to the public,
and prior notice of meetings shall be made
public in a timely fashion. and the advisory
committee shall not be subject to the Federal
Advisory Committee Act (5 U.S.C. App.).
(D) Provision of information.--The Secretary
and the Secretary of State shall furnish the
advisory committee with relevant information
concerning fisheries and international fishery
agreements.
(2) Administrative matters.--
(A) Support services.--The Secretary shall
provide to advisory committees in a timely
manner such administrative and technical
support services as are necessary for their
effective functioning.
(B) Compensation; status; expenses.--
Individuals appointed to serve as a member of
an advisory committee--
(i) shall serve without pay, but
while away from their homes or regular
places of business in the performance
of services for the 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 an advisory committee only
for purposes of--
(I) injury compensation under
chapter 81 of title 5, United
States Code;
(II) requirements concerning
ethics, conflicts-of-interest,
and corruption, as provided by
title 18, United States Code;
and
(III) any other criminal or
civil statute or regulation
governing the conduct of
Federal employees in their
capacity as Federal employees.
* * * * * * *
[(f)] (e) Memorandum of Understanding.--For highly migratory
species in the Pacific, the Secretary, in coordination with the
Secretary of State, shall develop a memorandum of understanding
with the Western Pacific, Pacific, and North Pacific Fishery
Management Councils, that clarifies the role of the relevant
Council or Councils with respect to--
(1) participation in United States delegations to
international fishery organizations in the Pacific
Ocean, including government-to-government
consultations;
(2) providing formal recommendations to the Secretary
and the Secretary of State regarding necessary measures
for both domestic and foreign vessels fishing for these
species;
(3) coordinating positions with the United States
delegation for presentation to the appropriate
international fishery organization; and
(4) recommending those domestic fishing regulations
that are consistent with the actions of the
international fishery organization, for approval and
implementation under the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et
seq.)
SEC. 506. ENFORCEMENT.
[16 U.S.C. 6905]
(a) In General.--The Secretary may--
(1) administer and enforce this title and any
regulations issued under this title, except to the
extent otherwise provided for in this Act;
(2) request and utilize on a reimbursed or non-
reimbursed basis the assistance, services, personnel,
equipment, and facilities of other Federal departments
and agencies in--
(A) the administration and enforcement of
this title; and
(B) the conduct of scientific, research, and
other programs under this title;
(3) conduct fishing operations and biological
experiments for purposes of scientific investigation or
other purposes necessary to implement the WCPFC
Convention;
(4) collect, utilize, and disclose such information
as may be necessary to implement the WCPFC Convention,
subject to sections 552 and 552a of title 5, United
States Code, and section 402(b) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C.
1881a(b));
(5) if recommended by the United States Commissioners
or proposed by a Council with authority over the
relevant fishery, assess and collect fees, not to
exceed three percent of the ex-vessel value of fish
harvested by vessels of the United States in fisheries
managed pursuant to this title, to recover the actual
costs to the United States of management and
enforcement under this title, which shall be deposited
as an offsetting collection in, and credited to, the
account providing appropriations to carry out the
functions of the Secretary under this title; and
(6) issue permits to owners and operators of United
States vessels to fish in the convention area seaward
of the United States Exclusive Economic Zone, under
such terms and conditions as the Secretary may
prescribe, and shall remain valid for a period to be
determined by the Secretary.
(b) Consistency with Other Laws.--The Secretary shall ensure
the consistency, to the extent practicable, of fishery
management programs administered under this Act, the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801
et seq.), the Tuna Conventions Act (16 U.S.C. 951 et seq.), the
South Pacific Tuna Act (16 U.S.C. 973 et seq.), section 401 of
Public Law 108-219 (16 U.S.C. 1821 note) (relating to Pacific
albacore tuna), and the Atlantic Tunas Convention Act (16
U.S.C. 971).
[(c) Actions by the Secretary.--The Secretary shall prevent
any person from violating this title in the same manner, by the
same means, and with the same jurisdiction, powers, and duties
as though all applicable terms and provisions of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1857) were incorporated into and made a part of this title. Any
person that violates any provision of this title is subject to
the penalties and entitled to the privileges and immunities
provided in the Magnuson-Stevens Fishery Conservation and
Management Act in the same manner, by the same means, and with
the same jurisdiction, power, and duties as though all
applicable terms and provisions of that Act were incorporated
into and made a part of this title.]
(c) Administration and Enforcement.--This title shall be
enforced under section 101 of the International Fisheries
Stewardship and Enforcement Act.
(d) Confidentiality.--
(1) In general.--Any information submitted to the
Secretary in compliance with any requirement under this
Act shall be confidential and shall not be disclosed,
except--
(A) to Federal employees who are responsible
for administering, implementing, and enforcing
this Act;
(B) to the Commission, in accordance with
requirements in the Convention and decisions of
the Commission, and, insofar as possible, in
accordance with an agreement with the
Commission that prevents public disclosure of
the identity or business of any person;
(C) to State or Marine Fisheries Commission
employees pursuant to an agreement with the
Secretary that prevents public disclosure of
the identity or business or any person;
(D) when required by court order; or
(E) when the Secretary has obtained written
authorization from the person submitting such
information to release such information to
persons for reasons not otherwise provided for
in this subsection, and such release does not
violate other requirements of this Act.
(2) Use of information.--The Secretary shall, by
regulation, prescribe such procedures as may be
necessary to preserve the confidentiality of
information submitted in compliance with any
requirement or regulation under this Act, except that
the Secretary may release or make public any such
information in any aggregate or summary form that does
not directly or indirectly disclose the identity or
business of any person. Nothing in this subsection
shall be interpreted or construed to prevent the use
for conservation and management purposes by the
Secretary of any information submitted in compliance
with any requirement or regulation under this Act.
SEC. 507. PROHIBITED ACTS.
[16 U.S.C. 6906]
(a) In General.--It is unlawful for any person--
(1) to violate any provision of this title or any
regulation or permit issued pursuant to this title;
(2) to use any fishing vessel to engage in fishing
after the revocation, or during the period of
[suspension, on] suspension of an applicable permit
issued pursuant to this title;
(3) to refuse to permit any officer authorized to
enforce the provisions of this title 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
title or any regulation, permit, or the Convention;
(4) to forcibly assault, resist, oppose, impede,
intimidate, or interfere with any such authorized
officer in the conduct of any search, investigations,
or inspection in connection with the enforcement of
this title or any regulation, permit, or the
Convention;
(5) to resist a lawful arrest for any act prohibited
by this title;
(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 title 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
chapter prohibited by this section;
(8) to knowingly and willfully submit to the
Secretary false information (including false
information regarding the capacity and extent to which
a United States fish processor, on an annual basis,
will process a portion of the optimum yield of a
fishery that will be harvested by fishery vessels of
the United States), regarding any matter that the
Secretary is considering in the course of carrying out
this title;
(9) to forcibly assault, resist, oppose, impede,
intimidate, sexually harass, bribe, or interfere with
any observer on a vessel under this title, or any data
collector employed by the National Marine Fisheries
Service or under contract to any person to carry out
responsibilities under this title;
(10) to engage in fishing in violation of any
regulation adopted pursuant to section 506(a) of this
title;
(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 title
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 506(a) of this title, 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 506(a) of
this [title.] title; or
(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.
(b) Entry Certification.--In the case of any fish described
in subsection (a) offered for entry into the United States, the
Secretary of Commerce shall require proof satisfactory to the
Secretary that such fish is not ineligible for such entry under
the terms of section 506(a) of this title.
PACIFIC WHITING ACT OF 2006
SEC. 605. UNITED STATES REPRESENTATION ON JOINT TECHNICAL COMMITTEE.
[16 U.S.C. 7004]
(a) Scientific Experts.--
(1) In general.--The Secretary, in consultation with
the Secretary of State, shall appoint [at least 6 but
not more than 12] no more than 2 individuals to serve
as scientific experts on the joint technical committee,
at least 1 of whom shall be an official of the National
Oceanic and Atmospheric Administration.
(2) Term of office.--An individual appointed under
paragraph (1) shall be appointed for a term of not to
exceed 4 years, but shall be eligible for
reappointment. An individual appointed to fill a
vacancy occurring prior to the expiration of the term
of office of that individual's predecessor shall be
appointed for the remainder of that term.
(b) Independent Member.--In addition to individuals appointed
under subsection (a), the Secretary, jointly with the
Government of Canada, shall appoint 1 independent member to the
joint technical committee selected from a list of names
provided by the advisory panel.
SEC. 609. ADMINISTRATIVE WAIVERS.
[16 U.S.C. 7008]
(a) Employment Status.--Individuals appointed under section
603, 604, 605, or 606 of this title who are 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--
(1) injury compensation under chapter 81 of title 5,
United States Code;
(2) requirements concerning ethics, conflicts of
interest, and corruption as provided under title 18,
United States Code; and
(3) any other criminal or civil statute or regulation
governing the conduct of Federal employees.
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.
(b) Compensation.--
(1) In general.--Except as provided in paragraph (2),
an individual appointed under this title shall receive
no compensation for the individual's service as a
representative, alternate representative, scientific
expert, or advisory panel member under this title.
(2) Scientific review group.--Notwithstanding
paragraph (1), the Secretary may employ and fix the
compensation of an individual appointed under section
604(a) to serve as a scientific expert on the
scientific review group who is not employed by the
United States Government, a State government, or an
Indian tribal government in accordance with section
3109 of title 5, United States Code.
(c) Travel Expenses.--Except as provided in subsection (d),
the Secretary shall pay the necessary travel expenses of
individuals appointed under this title in accordance with the
Federal Travel Regulations and sections 5701, 5702, 5704
through 5708, and 5731 of title 5, United States Code.
(d) Joint Appointees.--With respect to the 2 independent
members of the scientific review group and the 2 public
advisors to the scientific review group jointly appointed under
section 604(c), and the 1 independent member to the joint
technical committee jointly appointed under section 605(b), the
Secretary may pay up to 50 percent of--
(1) any compensation paid to such individuals; and
(2) the necessary travel expenses of such
individuals.