[Senate Report 114-166]
[From the U.S. Government Publishing Office]
Calendar No. 168
114th Congress } { Report
SENATE
1st Session } { 144-166
______________________________________________________________________
ILLEGAL, UNREPORTED, AND UNREGULATED FISHING ENFORCEMENT ACT OF 2015
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1334
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
November 10, 2015--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
59-010 WASHINGTON : 2015
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
One Hundred Fourteenth Congress
First Session
JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi BILL NELSON, Florida
ROY BLUNT, Missouri MARIA CANTWELL, Washington
MARCO RUBIO, Florida CLAIRE McCASKILL, Missouri
KELLY AYOTTE, New Hampshire AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas ED MARKEY, Massachusetts
DAN SULLIVAN, Alaska CORY BOOKER, New Jersey
RON JOHNSON, Wisconsin TOM UDALL, New Mexico
DEAN HELLER, Nevada JOE MANCHIN, West Virginia
CORY GARDNER, Colorado GARY PETERS, Michigan
STEVE DAINES, Montana
David Schwietert, Staff Director
Nick Rossi, Deputy Staff Director
Rebecca Seidel, General Counsel
Kim Lipsky, Democratic Staff Director
Christopher Day, Democratic Deputy Staff Director
Clint Odom, Democratic General Counsel
Calendar No. 168
114th Congress } { Report
SENATE
1st Session } { 144-166
======================================================================
ILLEGAL, UNREPORTED, AND UNREGULATED FISHING ENFORCEMENT ACT OF 2015
_______
November 10, 2015.--Ordered to be printed
_______
Mr. Thune, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
[To accompany S. 1334]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1334) to strengthen enforcement
mechanisms to stop illegal, unreported, and unregulated
fishing, to amend the Tuna Conventions Act of 1950 to implement
the Antigua Convention, 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 purpose of S. 1334, is to implement an international
agreement to address illegal fishing activity and establish
uniform procedures and penalties for the enforcement of the
High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826 et seq.) and other international fisheries statutes.
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 fishery 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 the Exclusive Economic Zone
(EEZ). However, 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 Fishery Conservation and
Management Act (MSA, 16 U.S.C. 1801 et seq.), the United States
Government exercises jurisdiction over the management of
commercial fisheries within the U.S. EEZ. The MSA charges the
Secretary of Commerce, through the National Marine Fisheries
Service (NMFS), with responsibility for the management of
marine fishery resources. The MSA allows Regional Fishery
Management Councils to develop management plans, subject to the
Secretary of Commerce's approval, that follow the MSA's
requirements for rebuilding overfished stocks and setting
harvest levels according to science-based catch limits. While
fishing activities within U.S. waters are regulated and
enforced under the MSA, fishing activities outside of U.S.
waters, especially illegal fishing, can have an effect on both
U.S. fishermen and the U.S. seafood industry.
The coordinated management of shared stocks harvested
beyond 200 miles is accomplished by nations participating in
Regional Fisheries Management Organizations (RFMOs) or through
international fisheries 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 the RFMOs or
international 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 the 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.
Illegal, unreported, or unregulated (IUU) fishing,
sometimes referred to as pirate fishing, is a global problem
that threatens sustainable fisheries and the economies that
rely on a healthy ocean. IUU fishing encompasses: fishing
activities that violate national laws; unauthorized
transshipments or transfers to cargo vessels at sea; fishing
using unauthorized gear; fishing without a license or keeping
fish that are protected by regulations; or fishing in closed
areas. IUU fishing poses an economic threat to legal fishing
operations, especially to sustainably managed U.S. commercial
fisheries. Between 2000 and 2014, a National Oceanic and
Atmospheric Administration (NOAA) spokesperson estimated that
the Alaska king crab fishery lost approximately $560 million
from IUU crab fishing,\1\ with an additional $11 million loss
to coastal communities,\2\ while the U.S. Coast Guard (USCG)
estimates that over 1,100 Mexican boats enter U.S. waters
annually, taking up to 760,000 pounds of Red Snapper.\3\ As the
third largest importer of seafood in the world, the United
States has an opportunity to boost consumer confidence in the
seafood supply by keeping illegal products out of the market.
Globally, IUU fishing is an extensive problem: between 11
million and 26 million tons of seafood annually is produced by
IUU fishing, resulting in estimated losses of $10 billion to
$23 billion to legal fishing operations.\4\ Because IUU fishing
is often driven by economic rewards that incentivize risk-
taking, strengthening legal frameworks for addressing IUU
fishing is one way to make the activity less profitable.
---------------------------------------------------------------------------
\1\NOAA National Marine Fisheries Service. ``Efforts to Combat
Illegal, Unreported, and Unregulated (IUU) Fishing.'' Available at:
http://www.nmfs.noaa.gov/mediacenter/docs/2011/sep/iuu_factsheet.pdf
(accessed July 8, 2013).
\2\Presidential Task Force on Combating Illegal, Unreported, and
Unregulated Fishing and Seafood Fraud, Public Meeting. Available at
http://www.nmfs.noaa.gov/ia/iuu/iuu_transcript_8_20_14.pdf (accessed
March 23, 2015).
\3\U.S. Coast Guard. ``Coast Guard interdicted Mexican fishing crew
poaching red snapper in U.S. waters'' Available at: http://
www.uscgnews.com/go/doc/4007/2476550/Coast-Guard-interdicted-Mexican-
fishing-crew-poaching-red-snapper-in-U-S-waters (accessed May 19,
2015).
\4\NOAA National Marine Fisheries Service. ``Illegal Fishing: Not
in Our Ports.'' Available at: http://www.nmfs.noaa.gov/ia/iuu/
portstate_factsheet.pdf (accessed July 8, 2013).
---------------------------------------------------------------------------
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.\5\ 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 Food and Agriculture Organization (FAO), and are
primarily focused on pressuring individual nations to better
control and manage their fishing fleets.
---------------------------------------------------------------------------
\5\Agnew, David J., John Pearce, Ganapathiraju Pramod, Tom Peatman,
Reg Watson, John R. Beddington, and Tony J. Pitcher. "Estimating the
worldwide extent of illegal fishing." PLoS one 4, no. 2 (2009): e4570.
---------------------------------------------------------------------------
The threat presented by IUU fishing to the U.S. industry
was formally recognized in the 2007 amendments to the MSA. The
updates to the law required the Secretary of Commerce to
improve international fisheries management by: identifying
nations that have vessels engaged in IUU fishing; working with
the RFMOs to strengthen their ability to reduce IUU fishing
activity; building information-sharing capabilities; and
seeking the adoption of stronger port state controls in all
nations.
Internationally, the United States has actively worked to
strengthen the existing RFMOs through renegotiation of their
underlying agreements or the negotiation of new protocols. With
substantial U.S. involvement, international fishery management
organizations have adopted and shared IUU vessel lists; used
observers and technologies to monitor compliance; promoted and
used centralized vessel monitoring systems (VMS); established
trade tracking and documentation schemes; prevented trade in or
importation of IUU-caught fish or other living marine
resources; and protected vulnerable marine ecosystems. The
United States has been a leader in encouraging international
bodies to adopt measures to address IUU fishing. In 2001, the
FAO adopted the International Plan of Action to Prevent, Deter,
and Eliminate Illegal, Unreported, and Unregulated Fishing
(IPOA-IUU), which included tools for port states to deal with
IUU fishing such as denial of port access and prohibitions on
landing and transshipment. The United States implemented the
IPOA-IUU with a National Plan of Action in 2004.
The Need for Legislation to Strengthen U.S. International Fisheries
Enforcement
U.S. international fishery enforcement activities are
coordinated closely between the NMFS, the State Department, and
the USCG. The NMFS and the USCG also provide input for the
State Department's negotiations of fishery treaties and
agreements, in addition to reviewing foreign fishing vessel
permit applications. The NMFS and the USCG jointly conduct
fisheries enforcement patrols and investigations under a wide-
ranging memorandum of understanding (MOU). Additionally, the
NMFS and the USCG cooperate closely with individual States and
territories, and coordinate MSA enforcement in and adjacent to
State and territorial waters.
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, divergent
approaches were often taken for establishing enforcement tools,
setting fines and penalties, and 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 improve information sharing and coordination, and
strengthen their overall approach for targeting foreign IUU
fishing. This process also would likely increase the ease and
improve the efficiency with which the USCG executes its at-sea
fisheries enforcement activities. This is not an unimportant
consideration as the USCG seeks to fulfill its mission
requirements in the face of an increasingly unpredictable and
resource-constrained budgetary and appropriations process.
The United States can also build upon existing efforts to
provide technical assistance, training, and other support to
developing countries struggling with fisheries management and
IUU enforcement efforts. By encouraging the development of
initiatives aimed at international fisheries conservation and
IUU fishing, in cooperation with the NMFS and USCG experts, the
United States can expand its reach and effectiveness in
targeting this significant marine policy problem facing
developing countries.
The Agreement on Port State Measures
Since 2004, the FAO has focused on strengthening port state
controls as an effective way of addressing IUU fishing, and a
series of workshops and consultations with other international
organizations culminated in the Agreement on Port State
Measures to Prevent, Deter and Eliminate Illegal, Unreported
and Unregulated Fishing (Port State Measures Agreement), which
was approved by the FAO Conference in November 2009.
Ultimately, the Port State Measures Agreement will deny port
entry to IUU fishing vessels and other vessels that support IUU
fishing. The Port State Measures Agreement, of which the United
States was a primary negotiator and one of its first
signatories, is the first global instrument focused
specifically on combating IUU fishing. It sets forth minimum
standards for the conduct of dockside inspections and training
of inspectors and, most significantly, would require parties to
restrict port entry and port services to foreign vessels known
or suspected of having been involved in IUU fishing,
particularly those on the IUU vessel list maintained by an
RFMO. Since all fish must be brought to port to enter into
trade, closing ports to illegal product is an effective way to
prevent, deter, and eliminate IUU fishing. The Port State
Measures Agreement would also require information sharing,
including the sharing of inspection results, with parties and
other relevant actors to the Port State Measures Agreement when
evidence of IUU fishing is found during the course of an
inspection. By eliminating so-called ``ports of convenience,''
the cost of IUU fishing operations will increase, and financial
incentives for engaging in IUU fishing should be diminished. It
is important to identify vessels associated with IUU activity
as they enter ports, because once illegally-caught fish have
entered commerce on land it becomes increasingly difficult to
identify the origins of the seafood product.
Additionally, the United States has yet to fully ratify and
accede to the Antigua Convention, which was negotiated to
strengthen and replace the 1949 Convention establishing the
first RFMO, the Inter-American Tropical Tuna Commission. The
Senate gave its advice and consent to enter into the Antigua
Convention in 2005 and the Antigua Convention entered into
force in 2010, but the United States must conform its domestic
implementing statute, the Tuna Conventions Act of 1950, to the
provisions of the Antigua Convention before it deposits its
instrument of ratification and accedes to the Antigua
Convention.
Many of the requirements that would be made by S. 1334 are
consistent with standards and processes already in place in the
United States. For example, the USCG already has rules
requiring foreign vessels to submit a Notice of Arrival before
entering port (33 C.F.R. part 160, subpart C). Foreign-flagged
fishing vessels are generally prohibited from landing their
catch in U.S. ports, but transport vessels have entered U.S.
ports and S. 1334 would allow the United States to deny access
to such vessels if they were supporting IUU fishing or carrying
illegally-caught fish.
Summary of Provisions
The Illegal, Unreported, and Unregulated Fishing
Enforcement Act of 2015 would implement the Antigua Convention,
strengthen enforcement mechanisms to stop illegal, unreported,
and unregulated fishing, and implement the Port State Measures
Agreement to combat IUU fishing activity. If enacted, S. 1334
would--
make consistent existing fisheries enforcement
laws;
implement the Antigua Convention, which was
ratified by the Senate in 2005;
strengthen and harmonize the enforcement
provisions of U.S. statutes for implementing international
fisheries agreements;
authorize actions regarding foreign vessels
engaged in IUU fishing;
create interagency programs for coordinating
international fisheries enforcement and assistance to
developing countries;
require the Secretary of Commerce to designate
which ports foreign vessels may seek to enter;
require foreign vessels to submit certain
information to the USCG and restrict port entry and access to
port services by vessels that have been engaged in IUU fishing
or vessels supporting these activities; and
authorize dockside vessel inspections and
information sharing, including evidence of IUU fishing found
during the course of an inspection.
Legislative History
S. 1334 was introduced by Senators Murkowski, Sullivan, and
Schatz on May 13, 2015. Senators Markey and Whitehouse are
cosponsors. On May 20, 2015, the Committee met in open
Executive Session and, by a voice vote, ordered S. 1334 to be
reported favorably with an amendment in the nature of a
substitute. Similar bills passed out of Committee last
Congress: S. 267, the Pirate Fishing Elimination Act; S. 269,
the International Fisheries Stewardship and Enforcement Act;
and H.R. 69, the Illegal, Unreported, and Unregulated Fishing
Enforcement Act.
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:
S. 1334--Illegal, Unreported, and Unregulated Fishing Enforcement Act
of 2015
S. 1334 would provide the National Oceanic and Atmospheric
Administration (NOAA) with additional tools to enforce
fisheries laws and combat illegal, unreported, and unregulated
(IUU) fishing. The bill would establish uniform enforcement
policies and procedures under the many federal statutes that
govern the regulation of commercial fishing. The bill also
would allow NOAA to implement two international fishing
agreements previously entered into by the United States.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing S. 1334 would cost $2 million over
the 2016-2020 period. Because enacting the bill could increase
revenues (from civil and criminal penalties) and associated
direct spending, pay-as-you-go procedures apply. However, CBO
estimates that such increases in penalties and spending would
be less than $500,000 annually and would offset each other in
most years.
CBO has reviewed title I of S. 1334 and determined that it
contains no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act (UMRA). 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 titles II and III fall within that exclusion
because they would implement international fishing treaties.
Enforcement of Fisheries Laws
Title I would authorize the appropriation of $450,000 a
year for NOAA to expand the scope of information considered for
identifying IUU vessels and require the agency to keep a list
of countries with vessels engaged in IUU fishing in the
preceding three years. Assuming appropriation of the authorized
amounts, CBO estimates that carrying out those activities would
cost about $2 million over the 2016-2020 period.
Title I also would provide NOAA with greater authority to
combat IUU fishing. While the bill would not explicitly mandate
an increase in NOAA's enforcement efforts, the enhanced
enforcement authorities could result in additional costs if
those authorities increased the number of violations
adjudicated by the agency. In 2015, NOAA received
appropriations totaling $66 million to enforce more than 35
federal statutes. Based on information provided by the agency,
CBO expects that any increase in enforcement costs under S.
1334 associated with IUU fishing would not be significant in
any year.
In addition, title I would make various amendments to
portions of the High Seas Driftnet Fishing Moratorium
Protection Act and the Magnuson-Stevens Fishery Conservation
and Management Act. Based on information provided by NOAA, CBO
expects that implementing those amendments would not affect the
agency's workload because the agency is conducting most of the
newly required activities under current law. The authorization
of appropriations to carry out the affected portions of those
acts expired in 2013; however, the Congress has continued to
appropriate funds to conduct activities under those laws. In
2015, the agency received appropriations totaling $3 million to
implement those provisions.
Finally, title I could 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.
Implementation of the Antigua Convention
Title II would amend the Tuna Conventions Act of 1950 to
implement the Antigua Convention and would establish guidelines
for the selection, composition, and duties of certain bodies
that represent the United States on the Inter-American Tropical
Tuna Commission. Because those bodies currently exist and
members of those bodies are not compensated by the federal
government, CBO estimates that implementing title II would have
no significant effect on the federal budget.
Implementation of the Agreement on Port State Measures
Title III would require NOAA to identify ports that can be
used by foreign vessels, coordinate inspections of those
vessels with the U.S. Coast Guard (USCG), deny port entry to
vessels that have engaged in IUU fishing, and share information
with foreign governments and other entities regarding the
results of inspections and any actions taken if IUU fishing is
discovered. Title III also would establish civil and criminal
penalties for entities that violate provisions in the bill.
Based on information provided by NOAA and the USCG, CBO
estimates that implementing title III would have no significant
effect on the federal budget The affected agencies already
carry out the activities required under the bill. Enacting the
legislation could increase revenues (from civil and criminal
penalties) and associated direct spending; however, CBO
estimates that such increases would be small and would offset
each other in most years.
On June 12, 2015, CBO transmitted a cost estimate for H.R.
774, the Illegal, Unreported, and Unregulated Fishing
Enforcement Act of 2015, as ordered reported by the House
Committee on Natural Resources on April 30, 2015. The two
pieces of legislation are similar and the estimated budgetary
effects are the same.
The CBO staff contacts for this estimate are Jeff LaFave
(for federal costs), Jon Sperl (for intergovernmental
mandates), and Amy Petz (for private-sector mandates). The
estimate was approved by H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact
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
S. 1334 would make refinements to the existing statutory
authorities of NOAA, the NMFS and the USCG to better enable
them to limit and regulate access to U.S. ports and port
services in order to curtail IUU fishing activity. It would
authorize the Secretary of Commerce to designate ports to which
foreign vessels involved in fishing or fishing-related activity
may request entry, and to require such vessels to provide
advance notice for such requests. It generally would require
the Secretary of Commerce and the Secretary of the department
in which the Coast Guard is operating to deny port entry to
those vessels known to have engaged in or supported IUU
fishing, as well as to prohibit vessels already in U.S. ports
from landing, transshipping, packaging, or processing fish
where there is evidence they have engaged in or supported IUU
fishing. The provisions of the bill would generally apply with
respect to foreign vessels seeking entry to or in a port
subject to the jurisdiction of the United States, vessels of
the United States seeking entry to or in a port subject to the
jurisdiction of another party to the Port State Measures
Agreement, and persons who are subject to the jurisdiction of
the United States.
S. 1334 would strengthen and harmonize the enforcement
provisions of a number of implementing statutes for
international fisheries agreements to which the United States
is a party; authorize actions regarding foreign vessels engaged
in IUU fishing; authorize actions regarding the importation of
IUU fish and fish product into the United States; facilitate
provision of international fisheries enforcement technical
expertise, training, and other assistance to developing
countries; and make technical and clarifying changes to
international fisheries statutes. It would authorize the
Secretary of Commerce to promulgate regulations necessary to
carry out the enforcement authorities under section 101 of this
Act and each act to which that section would apply. Persons
subject to enforcement proceedings under these provisions could
be subject to new regulations.
economic impact
The legislation is not expected to have a negative impact
on the Nation's economy and in fact, would have a positive
impact. IUU-caught fish significantly undercut the value of
legally, sustainably caught fish in the United States and
elsewhere around the world. Because S. 1334 would substantially
curtail the entry of IUU-caught fish into the stream of
commerce in the United States, it is expected to have a
positive impact on the domestic fishing and seafood industries.
The Secretary of Commerce would be allowed to reimburse United
States Commissioners for travel expenses.
privacy
The reported bill would have little, if any, impact on the
personal privacy of individuals.
paperwork
S. 1334 would require a vessel covered by the Act to submit
to the USCG Captain of the Port certain basic information about
the vessel when it is requesting port entry. However, much of
the information (such as a vessel's name, type, flag state,
dimensions, destination, estimated date and time of arrival,
IMO ship identification number, international radio call sign)
is already reported and available to the USCG via automated
information system transmissions, the USCG's Marine Information
Safety and Law Enforcement System, and other sources. Because
the bill would require that the procedure for submitting vessel
information utilize existing USCG reporting mechanisms to the
maximum extent possible, S. 1334 is not expected to 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. By replacing
multiple requirements for Federal enforcement of high seas
fishing law with a single set of national requirements, S. 1334
will likely reduce paperwork requirements for individuals,
businesses, and enforcement agencies. It would streamline
enforcement for the owners and operators of approximately
70,000 vessels with respect to high seas fishing.
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.
This section would designate the short title of this bill,
the ``Illegal, Unreported, and Unregulated Fishing Enforcement
Act of 2015.''
Section 2. Table of contents.
This section would provide the table of contents.
TITLE I-- STRENGTHENING FISHERIES ENFORCEMENT MECHANISMS
Section 101. Amendments to the High Seas Driftnet Fishing Moratorium
Protection Act.
This section would change responsibility of the enforcement
of the High Seas Driftnet Fishing Moratorium Protection Act
from the President to the Secretary of Commerce and the
Secretary of the department in which the Coast Guard is
operating, and would allow them to use the assets of Federal
and State agencies in their duties. This section would apply to
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 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.), and the Antigua Convention Implementing
Act of 2015. The Secretary of Commerce would be allowed to
engage in international cooperation to help other nations
combat IUU fishing. The existing enforcement provisions of the
MSA would apply to enforcement of this Act, the authority of
authorized officers, and data disclosure. The data
confidentiality provisions of the MSA would not apply to
obligations of the United States to share information under a
RFMO or with respect to foreign vessels. Violating any
regulation or permit issued pursuant to this Act, refusing an
inspection by an authorized officer, assaulting an officer,
resisting arrest, and interfering with or impeding an
investigation by any NMFS data collector or observer would be
prohibited. Civil and criminal penalties of the existing MSA
would apply.
The Secretary of Commerce would be allowed to develop a
list of vessels that have engaged in IUU fishing and to take
appropriate action against them in accordance with U.S. law.
These vessels would be identified using data from the
international fishery management organizations and listed in a
report if they have engaged in IUU fishing within three years.
The definition of IUU fishing would be expanded to include
fishing that has undermined the effectiveness of measures taken
by an international fishery management organization. Nations
would be listed in the report if they are violating, or failing
to address or regulate IUU fisheries in the preceding three
years. The Secretary of Commerce would be required to notify
the President when a nation has been listed on the IUU list.
Nations which have been IUU listed would be notified and
informed about the provisions of this Act.
The Secretary of Commerce would be allowed to establish a
procedure to authorize the importation of fish products from
countries or vessels that have been on the IUU list in the last
three years if they can demonstrate that they are now fishing
in such a way as to avoid bycatch of protected species and are
using practices comparable to those used in the United States.
Additional changes in this section would ensure consistency.
Section 102. Amendments to the High Seas Driftnet Fisheries Enforcement
Act.
This section would revoke clearance into U.S. ports of
vessels from a nation that has been listed as participating in
IUU fishing, except for the purposes of inspection or
enforcement. IUU fishing references would be removed from this
Act because they would now be covered in the High Seas Driftnet
Fishing Moratorium Protection Act. Prohibitions from the High
Seas Driftnet Fisheries Enforcement Act would be applied to IUU
listed vessels, and within six months the Secretary of Commerce
would be required to determine whether the prohibitions are
sufficient to cause the nation to address the activities that
led to their IUU listing.
Section 103. Amendments to the North Pacific Anadromous Stocks Act of
1992.
This section would add ``investigation'' to ``search or
inspection,'' as activities during which it is unlawful to
refuse an enforcement officer to board a vessel for purposes of
an investigation, or to assault, impede, or interfere with an
officer. The penalties and enforcement sections of the North
Pacific Anadromous Stocks Act of 1992 would be replaced with
the penalties and enforcement sections of the High Seas
Driftnet Fishing Moratorium Protection Act.
Section 104. Amendments to the Pacific Salmon Treaty Act of 1985.
This section would add ``investigation'' to ``search or
inspection,'' as activities during which it is unlawful to
refuse an enforcement officer to board a vessel for purposes of
an investigation, or to assault, impede, or interfere with an
officer. The prohibitions and enforcement sections of the
Pacific Salmon Treaty Act of 1985 would be struck out and would
refer instead to the prohibitions and enforcement sections of
the High Seas Driftnet Fishing Moratorium Protection Act.
Section 105. Amendments to the Western and Central Pacific Fisheries
Convention Implementation Act.
The prohibitions and enforcement sections of the Western
and Central Pacific Fisheries Convention Implementation Act
would be struck out and would refer instead to the prohibitions
and enforcement sections of the High Seas Driftnet Fishing
Moratorium Protection Act.
Section 106. Amendments to the Antarctic Marine Living Resources
Convention Act.
This section would remove the requirement for a person who
is violating the Antarctic Marine Living Resources Convention
Act to do so knowingly. It would add ``investigation'' to
``search or inspection,'' as activities during which it is
unlawful to refuse an enforcement officer to board a vessel for
purposes of an investigation, or to assault, impede, or
interfere with an officer. It also would allow the Secretary of
Commerce to publish a final regulation for conservation
measures that have been in effect for 12 months or less and
have been adopted by the commission and enters these
regulations into force when published.
Section 107. Amendments to the Atlantic Tunas Convention Act.
This section would allow the Secretary of Commerce to issue
trade restriction measures against nations or fishing entities
that violate the Atlantic Tunas Convention Act. The sanctions,
forfeiture, and parts of the enforcement sections of that Act
would be struck out and would refer instead to the prohibitions
and enforcement sections of the High Seas Driftnet Fishing
Moratorium Protection Act. The requirement for an annual report
would be removed.
Section 108. Amendments to the High Seas Fishing Compliance Act of
1965.
This section would remove the five-year limitations of the
permit for the High Seas Fishing Compliance Act of 1965, void a
permit issued if 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 109. Amendments to the Dolphin Protection Consumer Information
Act.
The prohibitions and enforcement sections of the Dolphin
Protection Consumer Information Act would be struck out and
would refer instead to the prohibitions and enforcement
sections of the High Seas Driftnet Fishing Moratorium
Protection Act.
Section 110. Amendments to the Northern Pacific Halibut Act of 1982.
This section would add ``investigation'' to ``search or
inspection,'' as activities during which it would be unlawful
to refuse an enforcement officer to board a vessel for purposes
of an investigation, or to assault, impede, or interfere with
an officer. Technical corrections also would be made.
Section 111. Amendments to the Northwest Atlantic Fisheries Convention
Act of 1995.
The civil and criminal penalties, civil forfeitures,
enforcement, fish disposal, and jurisdiction sections of the
Northwest Atlantic Fisheries Convention Act of 1995 would be
struck out and would refer instead to the prohibitions and
enforcement sections of the High Seas Driftnet Fishing
Moratorium Protection Act. It would add ``investigation'' to
``search or inspection,'' as activities during which it is
unlawful to refuse an enforcement officer to board a vessel for
purposes of an investigation, or to assault, impede, or
interfere with an officer.
Section 112. Amendment to the Magnuson-Stevens Fishery Conservation and
Management Act.
This section would add a prohibition on the import, export,
sale, acquisition, or purchase of fish that have been taken or
sold in violation of treaties to which the United States is a
party.
TITLE II-- IMPLEMENTATION OF THE ANTIGUA CONVENTION
Section 201. Short title.
This section would designate the short title of title II of
the bill as the ``Antigua Convention Implementing Act of
2015.''
Section 202. Amendment of the Tuna Conventions Act of 1950.
This section would apply all changes made in S. 1334 to
other acts to the Tuna Conventions Act of 1950.
Section 203. Definitions.
This section would define the following terms: ``Antigua
Convention''; ``Commission''; ``Convention''; ``person'';
``United States''; and ``United States Commissioners.''
Section 204. Commissioners; number, appointment, and qualifications.
This section would direct the President to appoint five
United States Commissioners to represent the United States on
the Inter-American Tropical Tuna Commission, who would be
supervised by the Secretary of State. It would limit the number
of outside commissions and would allow the Secretary of State
to designate alternates. United States Commissioners would not
be considered Federal employees and receive no compensation,
but may be reimbursed for travel expenses. The Secretary of
Commerce would be allowed to reimburse the Secretary of State
for expenses incurred under this Act.
Section 205. General Advisory Committee and Scientific Advisory
Subcommittee.
This section would direct the Secretary of Commerce, in
consultation with the Secretary of State, to appoint a General
Advisory Committee, consisting of no more than 25 individuals.
This section also would direct the Secretary of Commerce, in
consultation with the Secretary of State, to appoint a
Scientific Advisory Subcommittee consisting of 5 to 15
qualified scientists. This section would describe how the
committee and subcommittee should be set up.
Section 206. Rulemaking.
This section would direct the Secretary of Commerce to
consult with the Secretary of State and, when appropriate, the
Secretary of the department in which the Coast Guard is
operating to promulgate regulations necessary to carry out U.S.
responsibilities under the Antigua Convention and the Tuna
Conventions Act of 1950.
Section 207. Prohibited acts.
This section would incorporate into the Tuna Conventions
Act of 1950, as amended, the prohibited acts under section 606
of the High Seas Driftnet Fishing Moratorium Protection Act.
Section 208. Enforcement.
This section would enforce the Tuna Conventions Act of
1950, as amended, under section 606 of the High Seas Driftnet
Fishing Moratorium Protection Act.
Section 209. Reduction of bycatch.
This section would make a technical correction.
Section 210. Repeal of Eastern Pacific Tuna Licensing Act of 1984.
This section would repeal the Eastern Pacific Tuna
Licensing Act of 1984 (16 U.S.C. 972 et seq.).
TITLE III-- STRENGTHENING FISHERIES ENFORCEMENT MECHANISMS
Section 301. Short title.
This section would designate the short title of title III
of the bill as the ``Port State Measures Agreement Act of
2015.''
Section 302. Purpose.
This section would state that the purpose of this title of
the bill is to implement the Port State Measures Agreement.
Section 303. Definitions.
This section would define the following terms:
``Agreement'' as the Port State Measures Agreement; ``fish'';
``fishing''; ``IUU fishing''; ``Listed IUU vessel'';
``Magnuson-Stevens Act''; ``person''; ``RFMO''; ``Secretary'';
and ``vessel.''
Section 304. Duties and authorizations of the Secretary.
This section would authorize the Secretary of Commerce to
promulgate regulations to carry out this Act. It would
authorize the Secretary of Commerce to consult with the
Secretary of State, the Secretary of Homeland Security, and the
Secretary of the department in which the Coast Guard is
operating to develop procedures to carry out this Act. This
section would require the Secretary to develop and share a list
of ports to which vessels may seek entry under the Act, and
would authorize the Secretary to cooperate with the FAO to
facilitate information sharing relevant to the Port State
Measures Agreement. This section would require the Secretary of
Commerce to maintain, and to make readily available,
information about legal remedies available to persons affected
by actions under this Act. Finally, this section would allow
the Secretary of Commerce to request confirmation that fish on
board a foreign vessel in a U.S. port were taken in accordance
with RFMO measures.
Section 305. Authorization or denial of port entry.
This section would require a foreign vessel to submit
certain information in advance of its arrival to the Secretary
of the department in which the Coast Guard is operating, and
for those procedures to conform to existing reporting
mechanisms utilized by the USCG. This section would authorize
the Secretary of Commerce to authorize port entry or to deny
port entry to a vessel that is known or suspected of IUU
fishing or supporting IUU fishing. This section would authorize
the Secretary of Commerce to allow port entry to a vessel that
would otherwise be denied if the vessel or a person aboard
needs assistance, if the vessel is going to be scrapped, or to
inspect the vessel or carry out enforcement.
Section 306. Inspections.
This section would authorize the Secretary of Commerce and
the Secretary of the department in which the Coast Guard is
operating to conduct vessel inspections and to take enforcement
action against vessels found to have been engaged in IUU
fishing or related activities.
Section 307. Prohibited acts.
This section would make it unlawful for any person to:
violate this Act; refuse an authorized officer to board,
search, or inspect a vessel or facility; or submit false
information. For other prohibitions this Act refers to the
Western and Central Pacific Fisheries Convention Implementation
Act (16 U.S.C 6901 et seq.).
Section 308. Enforcement.
This section would apply the enforcement authorities under
the MSA and subsection (b) of the Antarctic Marine Living
Resources Convention Act (16 U.S.C. 2439(b)) to the enforcement
of this title. This section would authorize the Secretary of
Commerce to enforce this Act with the same authority as defined
in the MSA. This section would specify that civil penalties,
the ability of the Secretary of Commerce to take action, in rem
jurisdiction, forfeiture, and criminal enforcement, shall be
consistent with those defined in the MSA. The Secretary of
Commerce would be authorized to refer persons who do not pay
civil penalties under this law to the Attorney General, who
shall recover the amount of the penalty. This section would
apply to all current law on seizure of property to this title,
and would authorize customs enforcement agents to enforce this
law.
Section 309. International cooperation and assistance.
This section would authorize the Secretary of Commerce to
provide assistance, including grants, to other nations and
international organizations for the purposes of assisting other
nations to meet their obligations under the Port State Measures
Agreement. The Secretary of Commerce would be authorized by
this section to use resources of other entities.
Section 310. Relationship to other laws.
This section would clarify that this Act would not displace
any requirements of U.S. customs laws or any other laws or
regulations enforced or administered by the Department of
Homeland Security, and that this Act would not affect a
vessel's ability to enter ports for reasons of force majeure or
distress.
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):
HIGH SEAS DRIFTNET FISHING MORATORIUM PROTECTION ACT
[16 U.S.C. 1826d et seq.]
SEC. 606. ENFORCEMENT.
[16 U.S.C. 1826g]
[The President]
(a) In General.--The Secretary and the Secretary of the
department in which the Coast Guard is operating shall enforce
this Act, and the Acts to which this section applies, in
accordance with this section. Each such Secretary may, by
agreement, on a reimbursable basis or otherwise, utilize the
personnel services, equipment (including aircraft and vessels),
and facilities of any other Federal agency, and of any State
agency, in the performance of such duties.
(b) Acts to Which Section Applies.--This section applies to
the following Acts:
(1) The Pacific Salmon Treaty Act of 1985 (16 U.S.C.
3631 et seq.).
(2) The Dolphin Protection Consumer Information Act
(16 U.S.C. 1385).
(3) The Tuna Conventions Act of 1950 (16 U.S.C. 951
et seq.).
(4) The North Pacific Anadromous Stocks Act of 1992
(16 U.S.C. 5001 et seq.).
(5) The Atlantic Tunas Convention Act of 1975 (16
U.S.C. 971 et seq.).
(6) The Northwest Atlantic Fisheries Convention Act
of 1995 (16 U.S.C. 5601 et seq.).
(7) The Western and Central Pacific Fisheries
Convention Implementation Act (16 U.S.C. 6901 et seq.).
(8) The Antigua Convention Implementing Act of 2015.
(c) Administration and Enforcement.--
(1) In general.--The Secretary shall prevent any
person from violating this Act, or any Act to which
this section applies, in the same manner, by the same
means, and with the same jurisdiction, powers, and
duties as though sections 308 through 311 of the
Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1858, 1859, 1860, and 1861) were
incorporated into and made a part of and applicable to
this Act and each such Act.
(2) International cooperation.--The Secretary may,
subject to appropriations and in the course of carrying
out the Secretary's responsibilities under the Acts to
which this section applies, engage in international
cooperation to help other nations combat illegal,
unreported, and unregulated fishing and achieve
sustainable fisheries.
(d) Special Rules.--
(1) Additional enforcement authority.--In addition to
the powers of officers authorized pursuant to
subsection (c), any officer who is authorized by the
Secretary, or the head of any Federal or State agency
that has entered into an agreement with the Secretary
under subsection (a), may enforce the provisions of any
Act to which this section applies, with the same
jurisdiction, powers, and duties as though section 311
of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1861) were incorporated into
and made a part of each such Act.
(2) Disclosure of enforcement information.--
(A) In general.--The Secretary, subject to
the data confidentiality provisions in section
402 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C.
1881a), may disclose, as necessary and
appropriate, information, including information
collected under joint authority of the
Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.) and the
Atlantic Tunas Convention Act of 1975 (16
U.S.C. 971 et seq.) or the Western and Central
Pacific Fisheries Convention Implementation Act
(16 U.S.C. 6901 et seq.) or other statutes
implementing international fishery agreements,
to any other Federal or State government
agency, the Food and Agriculture Organization
of the United Nations, the secretariat or
equivalent of an international fishery
management organization or arrangement made
pursuant to an international fishery agreement,
or a foreign government, if--
(i) such government, organization, or
arrangement has policies and procedures
to protect such information from
unintended or unauthorized disclosure;
and
(ii) such disclosure is necessary--
(I) to ensure compliance with
any law or regulation enforced
or administered by the
Secretary;
(II) to administer or enforce
any international fishery
agreement to which the United
States is a party;
(III) to administer or
enforce a binding conservation
measure adopted by any
international organization or
arrangement to which the United
States is a party;
(IV) to assist in any
investigative, judicial, or
administrative enforcement
proceeding in the United
States; or
(V) to assist in any law
enforcement action undertaken
by a law enforcement agency of
a foreign government, or in
relation to a legal proceeding
undertaken by a foreign
government to the extent the
enforcement action is
consistent with rules and
regulations of a regional
fishery management organization
that the United States is a
member of, or the Secretary has
determined that the enforcement
action is consistent with the
requirements under Federal law
for enforcement actions with
respect to illegal, unreported,
and unregulated fishing.
(B) Data confidentiality provisions not
applicable.--The data confidentiality
provisions of section 402 of the Magnuson-
Stevens Fishery Conservation and Management Act
(16 U.S.C. 1881a) shall not apply with respect
to this Act with respect to--
(i) any obligation of the United
States to share information under a
Regional Fishery Management
Organization to which the United States
is a party; or
(ii) with respect to any information
collected by the Secretary regarding
foreign vessels.
(e) Prohibited Acts.--It is unlawful for any person--
(1) to violate any provision of this Act or any
regulation or permit issued pursuant to this Act;
(2) to refuse to permit any officer authorized to
enforce the provisions of this Act to board, search, or
inspect a 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, any regulation promulgated under this Act, or
any Act to which this section applies;
(3) to forcibly assault, resist, oppose, impede,
intimidate, or interfere with any such authorized
officer in the conduct of any search, investigation, or
inspection described in paragraph (2);
(4) to resist a lawful arrest for any act prohibited
by this section or any Act to which this section
applies;
(5) to interfere with, delay, or prevent, by any
means, the apprehension, arrest, or detection of an
other person, knowing that such person has committed
any act prohibited by this section or any Act to which
this section applies; or
(6) to forcibly assault, resist, oppose, impede,
intimidate, sexually harass, bribe, or interfere with--
(A) any observer on a vessel under this Act
or any Act to which this section applies; or
(B) any data collector employed by the
National Marine Fisheries Service or under
contract to any person to carry out
responsibilities under this Act or any Act to
which this section applies.
(f) Civil Penalty.--Any person who commits any act that is
unlawful under subsection (e) shall be liable to the United
States for a civil penalty, and may be subject to a permit
sanction, under section 308 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1858).
(g) Criminal Penalty.--Any person who commits an act that is
unlawful under paragraph (2), (3), (4), (5), or (6) of
subsection (e) is deemed to be guilty of an offense punishable
under section 309(b) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1859(b)).
(h) Utilization of Federal Agency Assets._ 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.
SEC. 607. BIENNIAL REPORT ON INTERNATIONAL COMPLIANCE.
[16 U.S.C. 1826h]
The Secretary, in consultation with the Secretary of State,
shall provide to Congress, by not later than 2 years after the
date of enactment of the Magnuson-Stevens Fishery Conservation
and Management Reauthorization Act of 2006, and every 2 years
thereafter, a report that includes--
(1) the state of knowledge on the status of
international living marine resources shared by the
United States or subject to treaties or agreements to
which the United States is a party, including a list of
all such fish stocks classified as overfished,
overexploited, depleted, endangered, or threatened with
extinction by any international or other authority
charged with management or conservation of living
marine resources;
(2) a list of nations [whose vessels] that have been
identified under section 609(a) or 610(a), including
the specific offending activities and any subsequent
actions taken pursuant to section 609 or 610;
(3) a description of efforts taken by nations on
those lists to comply take appropriate corrective
action consistent with sections 609 and 610, and an
evaluation of the progress of those efforts, including
steps taken by the United States to implement those
sections and to improve international compliance;
(4) progress at the international level, consistent
with section 608, to strengthen the efforts of
international fishery management organizations to end
illegal, unreported, or unregulated fishing; and
(5) steps taken by the Secretary at the international
level to adopt international measures comparable to
those of the United States to reduce impacts of fishing
and other practices on protected living marine
resources, if no international agreement to achieve
such goal exists, or if the relevant international
fishery or conservation organization has failed to
implement effective measures to end or reduce the
adverse impacts of fishing practices on such species.
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, or arrangements made pursuant
to an international fishery agreement, 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;
(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; and
(F) to adopt shark conservation measures,
including measures to prohibit removal of any
of the fins of a shark (including the tail) and
discarding the carcass of the shark at sea;
(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;
(3) seeking to enter into international agreements
that require measures for the conservation of sharks,
including measures to prohibit removal of any of the
fins of a shark (including the tail) and discarding the
carcass of the shark at sea, that are comparable to
those of the United States, taking into account
different conditions; and
(4) 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.
(b) Disclosure of Information.--The Secretary, subject to the
data confidentiality provisions in section 402 of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1881a), may disclose, as necessary and appropriate,
information, including information collected under joint
authority of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.) and the Atlantic Tunas
Convention Act of 1975 (16 U.S.C. 971 et seq.), the Western and
Central Pacific Fisheries Convention Implementation Act (16
U.S.C. 6901 et seq.), any other statute implementing an
international fishery agreement, to any other Federal or State
government agency, the Food and Agriculture Organization of the
United Nations, or the secretariat or equivalent of an
international fishery management organization or arrangement
made pursuant to an international fishery agreement, if such
government, organization, or arrangement, respectively, has
policies and procedures to protect such information from
unintended or unauthorized disclosure.
(c) IUU Vessel Lists.--The Secretary may--
(1) develop, maintain, and make public a list of
vessels and vessel owners engaged in illegal,
unreported, or unregulated fishing or fishing-related
activities in support of 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, that--
(A) the United States is party to; or
(B) the United States is not party to, but
whose procedures and criteria in developing and
maintaining a list of such vessels and vessel
owners are substantially similar to such
procedures and criteria adopted pursuant to an
international fishery agreement to which the
United States is a party; and
(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 agreements
and trade agreements.
(d) Regulations.--The Secretary may promulgate regulations to
implement this section.
SEC. 609. ILLEGAL, UNREPORTED, OR UNREGULATED FISHING.
[16 U.S.C. 1826j]
(a) Identification.--
(1) Identification for actions of fishing vessels._
The Secretary shall, based on a cumulative compilation
and analysis of data collected and provided by
international fishery management organizations and
other nations and organizations, identify, and list in
the report under section 607, a nation if [fishing
vessels of that nation are engaged, or have] a fishing
vessel of that nation is engaged or has been engaged at
any point during the preceding [2 years,] 3 years, in
illegal, unreported, or unregulated fishing--
[(1)](A) that undermines the effectiveness of
measures required by an international fishery
management organization, taking into account whether
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)](B) where no international fishery management
organization exists with a mandate to regulate the
fishing activity in question.
(2) Identification for actions of nation.--Taking
into account the factors described under paragraph (1),
the Secretary shall identify, and list in such report,
a nation--
(A) if it is violating, or has violated at
any point during the preceding 3 years,
conservation and management measures required
under an international fishery management
agreement to which the United States is a party
and the violations undermine the effectiveness
of such measures; or
(B) if it is failing, or has failed in the
preceding 3-year period, to effectively address
or regulate illegal, unreported, or unregulated
fishing in areas described under paragraph
(1)(B).
(3) Application to other entities.--Where the
provisions of this Act are applicable to nations, they
shall also be applicable, as appropriate, to other
entities that have competency to enter into
international fishery management agreements.
[(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.]
(b) Notification.--The Secretary shall notify the President
and that nation of an identification made under subsection (a).
(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,] to
authorize, on a shipment-by-shipment, shipper-by-
shipper, or other basis the importation of fish or fish
products from a vessel of a [harvesting] nation [not
certified under paragraph (1)] issued a negative
certification 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) and section 101(b)(3) and (4) of this
Act (16 U.S.C. 1826a(a), (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.
* * * * * * *
SEC. 610. EQUIVALENT CONSERVATION MEASURES.
[16 U.S.C. 1826k]
(a) Identification.--The Secretary shall identify, and list
in the report under section 607--
(1) a nation if--
(A) fishing vessels of that nation are
engaged, or have been engaged during the
preceding [calendar year] 3 years in fishing
activities or [practices;] practices--
(i) in waters beyond any national
jurisdiction that result in bycatch of
a protected living marine resource; or
(ii) beyond the exclusive economic
zone of the United States that result
in bycatch of a protected living marine
resource shared by the United States;
(B) 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
(C) 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; and
(2) a nation if--
(A) fishing vessels of that nation are
engaged, or have been engaged during the
preceding calendar year, in fishing activities
or practices in waters beyond any national
jurisdiction that target or incidentally catch
sharks; and
(B) the nation has not adopted a regulatory
program to provide for the conservation of
sharks, including measures to prohibit removal
of any of the fins of a shark (including the
tail) and discarding the carcass of the shark
at sea, 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;]
(1) notify, as soon as possible, the President and
nations that have been identified under subsection (a),
and 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]
(4) Alternative procedure.--The Secretary may
establish a procedure to authorize, on a shipment-by-
shipment, shipper-by-shipper, or other basis the
importation of fish or fish products from a vessel of a
nation issued a negative certification under paragraph
(1) 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
(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) and section 101(b)(3) and (4) of this
Act (16 U.S.C. 1826a(a), (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.
* * * * * * *
HIGH SEAS DRIFTNET FISHERIES ENFORCEMENT ACT
[106 Stat. 4900]
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)] (1) or, as appropriate,
for fishing vessels of a nation that receives a
negative certification under section 609(d) or
section 610(e) of the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C.
1826j(d) and 1826k(c)); and
(B) deny entry of that vessel to any place in
the United States and to the navigable waters
of the United States, except for the purposes
of inspecting such vessel, conducting an
investigation, or taking other appropriate
enforcement action.
(3) 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);] (1)(A) or a
negative certification under section
609(d) or section 610(c) of the High
Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826j(d) and
1826k(c)); 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.
(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),] paragraph (1) or
issues a negative certification under section
609(d) or section 610(c) of the High Seas
Driftnet Fishing Moratorium Protection Act (16
U.S.C. 1826j(d) and 1826k(c)), 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] nation, or to address the
offending activities for which a nation
received a negative certification under
section 609(d) or 610(c) of the High
Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826j(d),
1826k(c)); 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[.] or effectively addressed the offending activities for
which the nation received a negative certification under 609(d)
or 610(c) of the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826j(d), 1826k(c)).
ANTARCTIC MARINE LIVING RESOURCES CONVENTION ACT OF 1984
[16 U.S.C. 2431 et seq.]
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, 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,
investigation, 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.
SEC. 307. REGULATIONS.
[16 U.S.C. 2436]
(a) In General._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.
(b) Regulations To Implement Conservation Measures.--
(1) In general.--Notwithstanding 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 regulation to implement any
conservation measure for which the Secretary of State
notifies the Commission under section 305(a)(1)--
(A) that has been in effect for 12 months or
less;
(B) that is adopted by the Commission; and
(C) with respect to which the Secretary of
State does not notify Commission in accordance
with section 305(a)(1) within the time period
allotted for objections under Article IX of the
Convention.
(2) Entering into force.--Upon publication of such
regulation in the Federal Register, such conservation
measure shall enter into 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.]
(a) In General.--Any person who commits an act that is
unlawful under section 306 shall be liable to the United States
for a civil penalty, and may be subject to a permit sanction,
under section 308 of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1858).
* * * * * * *
NORTH PACIFIC ANADROMOUS STOCKS ACT OF 1992
[16 U.S.C. 5001 et seq.]
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 of conducting any 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, 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.
[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;
[(1) 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. ADDITIONAL PROHIBITIONS AND ENFORCEMENT.
For additional prohibitions relating to this Act and
enforcement of this Act, see section 606 of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g).
PACIFIC SALMON TREATY ACT OF 1985
[16 U.S.C. 3631 et seq.]
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, investigation, or inspection in
connection with the enforcement of [this title] this
Act;
(3) to forcibly assault, resist, oppose, impede,
intimidate, or interfere with any such authorized
officer in the conduct of any search, investigation, or
inspection described in [subparagraph (2);] 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 title; or] this Act; 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.
[(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) Additional Prohibitions and Enforcement.--For additional
prohibitions relating to this Act and enforcement of this Act,
see section 606 of the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826g).
WESTERN AND CENTRAL PACIFIC FISHERIES CONVENTION IMPLEMENTATION ACT
[16 U.S.C. 6901 et seq.]
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 and commercial fishing in the Western and Central
Pacific Ocean, one of whom shall be an officer or employee of
the [Department of Commerce,] Federal Government, and 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.
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.
* * * * * * *
SEC. 505. RULEMAKING AUTHORITY OF THE SECRETARY OF COMMERCE.
[16 U.S.C. 6904]
(a) Promulgation of Regulations.--[The Secretary,]
(1) In general._ 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, is authorized to promulgate
such regulations as may be necessary to carry out the
United States international obligations under the WCPFC
Convention and this title, 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 WCPFC 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)](2) Additions to Fishery Regimes and Regulations.--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.
(b) Authority to Deny Port Privileges or Prohibit Fish
Imports.--If the Secretary determines that another Commission
member with a significant harvest of fish stocks covered by the
Convention, or a significant amount of fishing occurring in its
waters, is not complying with the Commission's conservation and
management measures in an effective manner or in a manner
comparable to compliance by vessels of the United States, the
Secretary, in consultation with the Secretary of State, may
take action with respect to such member to deny port privileges
or apply prohibitions on imports of fish and fish products in
the same manner as provided for high-seas large-scale driftnet
fishing in the High Seas Driftnet Fisheries Enforcement Act (16
U.S.C. 1826a et seq.).
(c) Prohibition on Transfer of Fishing Capacity, Fishing
Capacity Rights, or Fishing Vessels.--The Secretary shall not
make any agreement, take any action, or promulgate any
regulation which requires the transfer, to other nations or
foreign entities, of the fishing capacity, fishing capacity
rights, or fishing vessels of the United States or its
territories.
SEC. 506. ENFORCEMENT.
[16 U.S.C. 6905]
* * * * * * *
[(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) Additional Prohibitions and Enforcement.--For additional
prohibitions relating to this Act and enforcement of this Act,
see section 606 of the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826g).
* * * * * * *
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.
(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.
ATLANTIC TUNAS CONVENTION ACT OF 1975
[16 U.S.C. 971 et seq.]
SEC. 6. ADMINISTRATION.
[16 U.S.C. 971d]
* * * * * * *
(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)] (i) submission of written data, views, or
arguments, and [(B)] (ii) 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, 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) Notwithstanding the requirements of
subparagraph (A) and subsections (b) and (c) of
section 553 of title 5, United States Code, the
Secretary may issue final regulations to
implement Commission recommendations referred
to in paragraph (1) concerning trade
restrictive measures against nations or fishing
entities.
(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.
* * * * * * *
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.]
[(g)](e) 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.]
(a) For additional prohibitions relating to this Act and
enforcement of this Act, see section 606 of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g).
(b) International Enforcement.--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] enforcement activities with respect to this Act that are
otherwise authorized by law 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 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.]
SEC. [12.]11. SAVINGS CLAUSE.
[16 U.S.C. 971k]
Nothing in this Act shall have the effect of diminishing the
rights and obligations of any Nation under Article VIII(3) of
the Convention.
SEC. [13.]12. SEPARABILITY.
[16 U.S.C. 971 note]
If any provision of this Act or the application of such
provision to any circumstance or persons shall be held invalid,
the validity of the remainder of the Act and the applicability
of such provision to other circumstances or persons shall not
be affected thereby.
HIGH SEAS FISHING COMPLIANCE ACT OF 1995
[16 U.S.C. 5501 et seq.]
SEC. 104. PERMITTING.
[16 U.S.C. 5503]
* * * * * * *
[(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 for a
vessel is void if--
(1) any other permit or authorization required for
the vessel to fish is expired, revoked, or suspended;
or
(2) the vessel is no longer documented under the laws
of the United States or eligible for such
documentation.
FISHERY CONSERVATION AMENDMENTS OF 1990
[104 Stat. 4436]
SEC. 901. DOLPHIN PROTECTION.
(a) Short Title.--This section may be cited as the ``Dolphin
Protection Consumer Information 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) Additional Prohibitions and Enforcement.--For additional
prohibitions relating to this Act and enforcement of this Act,
see section 606 of the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826g).
* * * * * * *
NORTHERN PACIFIC HALIBUT ACT OF 1982
[16 U.S.C. 773 et seq.]
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
[unclassified], 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,
investigation, or inspection in connection with the
enforcement of the Convention [unclassified], 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, 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 [unclassified], 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
[(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 [unclassified], this Act and regulations adopted
under this Act.
NORTHWEST ATLANTIC FISHERIES CONVENTION ACT OF 1995
[16 U.S.C. 5601 et seq.]
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, 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,
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.
[(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) Additional Prohibitions and Enforcement.--For additional
prohibitions relating to this Act and enforcement of this Act,
see section 606 of the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826g).
MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT
[16 U.S.C. 1801 et seq.]
SEC. 307. PROHIBITED ACTS.
[16 U.S.C. 1857]
It is unlawful--
(1) for any person--
(A) to violate any provision of this Act or
any regulation or permit issued pursuant to
this Act;
(B) 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;
(C) to violate any provision of, or
regulation under, an applicable governing
international fishery agreement entered into
pursuant to section 201(c);
(D) to refuse to permit any officer
authorized to enforce the provisions of this
Act (as provided for in section 311) to board a
fishing vessel subject to such person's control
for purposes of conducting any search or
inspection in connection with the enforcement
of this Act or any regulation, permit, or
agreement referred to in subparagraph (A) or
(C);
(E) to forcibly assault, resist, oppose,
impede, intimidate, or interfere with any such
authorized officer in the conduct of any search
or inspection described in subparagraph (D);
(F) to resist a lawful arrest for any act
prohibited by this section;
(G) 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
subparagraph (A) or (C);
(H) 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;
(I) to knowingly and willfully submit to a
Council, the Secretary, or the Governor of a
State false information (including, but not
limited to, 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 fishing
vessels of the United States) regarding any
matter that the Council, Secretary, or Governor
is considering in the course of carrying out
this Act;
(J) to ship, transport, offer for sale, sell,
or purchase, in interstate or foreign commerce,
any whole live lobster of the species Homarus
americanus, that--
(i) is smaller than the minimum
possession size in effect at the time
under the American Lobster Fishery
Management Plan, as implemented by
regulations published in part 649 of
title 50, Code of Federal Regulations,
or any successor to that plan
implemented under this title, or in the
absence of any such plan, is smaller
than the minimum possession size in
effect at the time under a coastal
fishery management plan for American
lobster adopted by the Atlantic States
Marine Fisheries Commission under the
Atlantic Coastal Fisheries Cooperative
Management Act (16 U.S.C. 5101 et
seq.);
(ii) is bearing eggs attached to its
abdominal appendages; or
(iii) bears evidence of the forcible
removal of extruded eggs from its
abdominal appendages;
(K) to to steal or attempt to steal or to
negligently and without authorization remove,
damage, or tamper with--
(i) fishing gear owned by another
person, which is located in the
exclusive economic zone,
(ii) fish contained in such fishing
gear;
(L) 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;
(M) to engage in large-scale driftnet fishing
that is subject to the jurisdiction of the
United States, including use of a fishing
vessel of the United States to engage in such
fishing beyond the exclusive economic zone of
any nation;
(N) to strip pollock of its roe and discard
the flesh of the pollock;
(O) to knowingly and willfully fail to
disclose, or to falsely disclose, any financial
interest as required under section 302(j), or
to knowingly vote on a Council decision in
violation of section 302(j)(7)(A);
(P)(i) to remove any of the fins of a shark
(including the tail) at sea;
(ii) to have custody, control, or
possession of any such fin aboard a
fishing vessel unless it is naturally
attached to the corresponding carcass;
(iii) to transfer any such fin from
one vessel to another vessel at sea, or
to receive any such fin in such
transfer, without the fin naturally
attached to the corresponding carcass;
or
(iv) to land any such fin that is not
naturally attached to the corresponding
carcass, or to land any shark carcass
without such fins naturally attached;
(Q) to import, export, transport, sell,
receive, acquire, or purchase in interstate or
foreign commerce any fish taken, possessed,
transported, or sold in violation of any
foreign law or regulation or any treaty or in
contravention of any binding conservation
measure adopted by an international agreement
or organization to which the United States is a
party; or
(R) to use any fishing vessel to engage in
fishing in Federal or State waters, or on the
high seas or in the waters of another country,
after the Secretary has made a payment to the
owner of that fishing vessel under section
312(b)(2).
For purposes of subparagraph (P), there shall be a
rebuttable presumption that if any shark fin (including
the tail) is found aboard a vessel, other than a
fishing vessel, without being naturally attached to the
corresponding carcass, such fin was transferred in
violation of subparagraph (P)(iii) or that if, after
landing, the total weight of shark fins (including the
tail) landed from any vessel exceeds five percent of
the total weight of shark carcasses landed, such fins
were taken, held, or landed in violation of
subparagraph (P). In such subparagraph, the term
``naturally attached'', with respect to a shark fin,
means attached to the corresponding shark carcass
through some portion of uncut skin.
* * * * * * *
TUNA CONVENTIONS ACT OF 1950
[16 U.S.C. 951 et seq.]
[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) Person.--The term ``person'' means an individual,
partnership, corporation, or association subject to the
jurisdiction of the United States.
(5) United states.--The term ``United States''
includes all areas under the sovereignty of the United
States.
(6) United states commissioners.--The term ``United
States commissioners'' means the individuals appointed
in accordance with section 3(a).
[SEC. 3. COMMISSIONERS; NUMBER, APPOINTMENT, AND 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) Commissioners.--
(1) In general.--The United States shall be
represented on the Commission by 5 United States
Commissioners.
(2) Appointment.--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, including the following:
(A) 1 Commissioner shall be an officer or
employee of the Department of Commerce.
(B) 1 Commissioner shall be the chairman or a
member of the Western Pacific Fishery
Management Council.
(C) 1 commissioner shall be the chairman or a
member of the Pacific Fishery Management
Council.
(3) Limitation.--No more than 2 Commissioners may
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 United States 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 United
States Commissioners, other than officers or employees
of the United States Government, shall not be
considered Federal employees except for the 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.
(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 United States
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 Inter-American
Tropical Tuna Commission and other meetings the
Secretary of State 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.
(d) Supervision.--United States Commissioners and alternative
commissioners shall be subject to the supervision of the
Secretary of Commerce.
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) General advisory committee.--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 United States
delegation to the Commission and its working
groups to the extent the Commission rules and
space for delegations allow.
(B) Ex-officio members.--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, or the designee
of such a chair, shall be ex-officio members of
the General Advisory Committee by virtue of
their positions in those Councils.
(C) Term.--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) Participation in meetings.--The General
Advisory Committee shall be invited to attend
all non-executive meetings of the United States
delegation 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) Authorities.--The General Advisory
Committee shall determine its organization, and
prescribe its practices and procedures for
carrying out its functions under this title,
the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.), and a
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.
[(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 Subcommittee.--
(1) Appointment.--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] functions and
assistance.--
(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).
(C) Other authorities.--The Scientific
Advisory Subcommittee shall determine its
organization, and prescribe its practices and
procedures for carrying out its functions under
this title, the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801
et seq.), and a convention.
(D) Public access.--
(i) Organization, practices, and
procedures.--The Scientific Advisory
Subcommittee shall publish and make
available to the public a statement of
its organization, practices, and
procedures.
(ii) Meetings.--Meetings of the
Scientific Advisory Subcommittee,
except when in executive session, shall
be open to the public, and prior notice
of meetings shall be made public in a
timely fashion.
(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]
General Advisory Committee 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.
(c) Administrative Matters.--
(1) Technical support.--The Secretary shall provide
to the General Advisory Committee and the Scientific
Advisory Subcommittee in a timely manner such
administrative and technical support services as are
necessary for the effective functioning of the
Committee and the Subcommittee.
(2) No classification as federal employees.--
Individuals appointed to serve as a member of the
General Advisory Committee or the Scientific Advisory
Subcommittee--
(A) shall serve without pay, but while away
from their homes or regular places of business
to attend meetings of the General Advisory
Committee or the Scientific Advisory
Subcommittee, as appropriate, 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
(B) shall not be considered Federal employees
except for the 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.
[SEC. 6. SECRETARY OF STATE TO ACT FOR UNITED STATES.
[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.
[(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. 6. RULEMAKING.
(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 as may be necessary to carry out
the United States international obligations under the
Convention and this Act, 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
as may be necessary to carry out the United States
international obligations under the Convention and this Act,
applicable to all vessels and persons subject to the
jurisdiction of the United States, including United States flag
vessels wherever they may be operating, on such date as the
Secretary shall prescribe.
SEC. 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] section 6, 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.
(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] section 6, 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]
section 6. 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] section 6.
(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.
(i) Additional Prohibitions and Enforcement.--For
prohibitions relating to this Act and enforcement of this Act,
see section 606 of the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826g).
[SEC. 10. ENFORCEMENT OF 16 USCS Sec. Sec. 951 ET SEQ.
[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.
For enforcement of this Act, see section 606 of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g).
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.
EASTERN PACIFIC TUNA LICENSING ACT OF 1984
[16 U.S.C. 972 et seq.]
[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.]
[all]