69-010

2008
110th Congress 2d Session
SENATE
Report

110-469

Calendar No. 1028

INTERNATIONAL FISHERIES STEWARDSHIP AND ENFORCEMENT ACT OF 2008

R E P O R T

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

on

S. 2907

congress.#13

SEPTEMBER 17, 2008- Ordered to be printed

	SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
	one hundred tenth congress
	second session
DANIEL K. INOUYE, Hawaii, Chairman
JOHN D. ROCKEFELLER IV, West Virginia JOHN F. KERRY, Massachusetts BYRON L. DORGAN, North Dakota BARBARA BOXER, California BILL NELSON, Florida MARIA CANTWELL, Washington FRANK R. LAUTENBERG, New Jersey MARK PRYOR, Arkansas THOMAS CARPER, Delaware CLAIRE MCCASKILL, Missouri AMY KLOBUCHAR, Minnesota	KAY BAILEY HUTCHISON, Texas TED STEVENS, Alaska JOHN MCCAIN, Arizona OLYMPIA J. SNOWE, Maine GORDON H. SMITH, Oregon JOHN ENSIGN, Nevada JOHN E. SUNUNU, New Hampshire JIM DEMINT, South Carolina DAVID VITTER, Louisiana JOHN THUNE, South Dakota ROGER F. WICKER, Mississippi
MARGARET CUMMISKY, STAFF DIRECTOR AND CHIEF COUNSEL
LILA HELMS, DEPUTY STAFF DIRECTOR AND POLICY DIRECTOR
JEAN TOAL EISEN, SENIOR ADVISOR AND DEPUTY POLICY DIRECTOR
CHRISTINE KURTH, REPUBLICAN STAFF DIRECTOR AND GENERAL COUNSEL
PAUL J. NAGLE, REPUBLICAN CHIEF COUNSEL
MIMI BRANIFF, REPUBLICAN DEPUTY CHIEF COUNSEL

Calendar No. 1028

110TH CONGRESS

Report

SENATE

2d Session

110-469

--INTERNATIONAL FISHERIES STEWARDSHIP AND ENFORCEMENT ACT OF 2008

SEPTEMBER 17, 2008- Ordered to be printed

Mr. INOUYE, from the Committee on Commerce, Science, and Transportation, submitted the following

REPORT

[To accompany S. 2907]

The Committee on Commerce, Science, and Transportation, to which was referred the bill (S. 2907) to establish uniform administrative and enforcement procedures and penalties for the enforcement of the High Seas Driftnet Fishing Moritorium Protection Act and similar statutes, and for other purposes, having considered the same, reports favorably thereon with an amendment (in the nature of a substitute) and recommends that the bill (as amended) do pass.

PURPOSE OF THE BILL

The purposes of S. 2907, the International Fisheries Stewardship and Enforcement Act of 2008, are to strengthen and harmonize the enforcement provisions of U.S. statutes for implementing international fisheries agreements, authorize actions regarding foreign vessels engaged in illegal fishing, create interagency programs for coordinating international fisheries enforcement and assistance to developing countries, and make other technical and clarifying changes to international fisheries statutes. The bill responds to issues identified during a Committee hearing held on April 3, 2008, and it addresses comments from a wide variety of stakeholders interested in the bill, including representatives of the fishing industry, conservation organizations, the National Oceanic and Atmospheric Administration (NOAA), the United States Coast Guard, and the Department of State (DOS).

BACKGROUND AND NEEDS

Many fish stocks around the world have become depleted in the last several decades as a result of fleet overcapacity, overfishing, and ineffective fisheries law enforcement regimes. Coastal fishing nations are responsible for managing the stocks that fall within their domestic waters, which extend 200 miles from their coastline, also known as their Exclusive Economic Zone (EEZ). Unfortunately, many of these coastal nations do not manage for stock sustainability, enforce their regulations effectively, or coordinate management of shared stocks with other fishing nations.

Under the Magnuson-Stevens Fisheries Conservation and Management Act (MSA, 16 U.S.C. 1801 et seq.), the primary Federal statute governing how U.S. fisheries are managed, the U.S. government exercises jurisdiction over the management of commercial fisheries within the U.S. EEZ. The MSA authorizes the Secretary of Commerce (Secretary), through the National Marine Fisheries Service (NMFS) within the NOAA, to be responsible for the management of marine resources. The MSA allows Regional Fishery Management Councils to develop management plans, subject to the Secretary's approval, that follow the Act's requirements for rebuilding overfished stocks and setting harvest levels according to science-based catch limits.

The coordinated management of shared stocks harvested beyond 200 miles is accomplished by nations participating in Regional Fisheries Management Organizations (RFMOs) or through international agreements created to guide and coordinate the fisheries management activities of multiple nations that target common stocks in specific regions. Each nation that chooses to participate in RFMOs or fisheries agreements retains its sovereignty, yet is expected to develop domestic fisheries laws and regulations consistent with each agreement. The United States follows this practice and seeks to implement legislation and regulations to meet the commitments under RFMOs and international fisheries agreements. Short of such an agreement or implementing legislation, U.S. fisheries managers seek discussions with foreign counterparts to address concerns on interjurisdictional stock management.

All U.S. international fishery enforcement activities are coordinated closely between the NMFS, the DOS, and the Coast Guard. The NMFS and the Coast Guard also provide input for the DOS negotiations of fishery treaties and agreements, in addition to reviewing foreign fishing vessel permit applications. The NMFS and the Coast Guard jointly conduct fisheries enforcement patrols and investigations under a wide-ranging memorandum of understanding (MOU). Additionally, the NMFS and the Coast Guard cooperate closely with individual states and territories, and coordinate MSA enforcement in and adjacent to state and territorial waters. Further, the Coast Guard conducts international enforcement operations in close coordination with the DOS, as required by Presidential Directive 27.

Foreign Illegal, Unreported, and Unregulated (IUU) Fishing

The term `IUU fishing' describes a range of fishing activities including the failure to report or misreporting of catches, fishing without the permission of a coastal country, the reflagging of vessels to countries that are unable or unwilling to adequately control their fishing activity, and noncompliance with fishing gear and area rules. The extent to which IUU fishing occurs is not known, but some have estimated that it accounts for as much as one quarter of the world's fish catch, and as such, represents one of the greatest challenges to sustainable global fishing management and conservation. The United Kingdom-based Chatham House estimates that IUU fish harvests are worth $9 billion annually, and despite a lack of specific data, these harvests likely create significant ecological impacts.

Worldwide, the amount of IUU fishing appears to be increasing as IUU fishermen attempt to avoid stricter fishing rules created to address declining fish stocks. Preventing IUU fishing on the high seas is difficult due to the vast areas of ocean to monitor, enforcement resource limitations, and a high volume of operating fishing vessels. Current international efforts to eliminate IUU fishing are mainly led through the United Nations' (UN) Food and Agriculture Organization (FAO), and are primarily focused on pressuring individual nations to better control and manage their fishing fleets. RFMOs strive to follow guidelines established by the UN to combat IUU fishing. For example, the International Commission for the Conservation of Atlantic Tunas is working toward requiring fishing vessels to register with the Commission to be eligible to sell their catch.

Unique IUU Challenges of Developing Countries

On January 14 and 15, 2008, the New York Times published two articles highlighting the challenges IUU fishing presents to fisheries managers in coastal developing countries, including many African nations which have large EEZs containing valuable fish stocks. In an effort to generate revenue, the governments of many of these coastal developing countries have negotiated agreements that allow developed countries, including Europe, China, and Russia, to harvest their fisheries resources. In some cases, officials from developing countries have oversold fishing rights, inflated potential catches, and allowed pirate vessels and locals free reign in breeding grounds. Fishing under these agreements can lead to overexploitation, as many of these coastal developing countries lack the capacity to conduct fish stock assessments, define sustainable harvest levels, and monitor and enforce regulations to guide fishing activity. This results in the rapid decline of local fish stocks which removes the livelihood of artisanal local fishermen.

In an effort to combat IUU fishing, particularly along the coasts of developing countries, many marine policy experts call for ending the system of flags of convenience, improving port inspections, and reducing the fishing pressure caused by large fishing fleets from industrialized nations. However, these measures require resources, including funding, staff, technology, and expertise, that remain largely unavailable in many developing countries. Many foreign aid organizations, such as the World Bank, attempt to direct foreign financial and technical assistance to improve the sustainability of coastal nations' fisheries. The United States has initiated limited efforts to assist developing countries in targeting IUU fishing. The NMFS is engaged in activities to prevent, deter, and control bycatch and IUU actions in West Africa through observer training in Ghana and regional dialogues in Senegal. The NOAA has contracted the Coast Guard to examine the enforcement capabilities and the available governmental infrastructure and capacity of both Senegal and Gabon to promote fisheries conservation and management.

The Need for Legislation to Strengthen U.S. International Fisheries Enforcement

The United States conducts international fisheries enforcement patrols and investigations through the NMFS Office of Law Enforcement (OLE) and the Coast Guard, with the DOS providing diplomatic and legal support. These agencies enforce the provisions of statutes for implementing the terms of the international fisheries treaties and agreements to which the United States is a party. However, as each implementing statute was developed, they often took divergent approaches for establishing enforcement tools, setting fines and penalties, and otherwise carrying out enforcement patrols and investigations. As a result, U.S. international fisheries enforcement efforts are carried out under a patchwork of different standards and statutes. By harmonizing these standards and activities across statutes and with the MSA, U.S. fisheries enforcement officers and lawyers could streamline, clarify, and strengthen their overall approach for targeting foreign IUU fishing. Additionally, by increasing the fines and penalties, U.S. laws could have a more effective deterrent and make these penalties more than the cost of doing business for well-financed global corporations, as they are now.

Internationally, the United States is participating in a UN effort to draft a legally-binding instrument on port state measures to prevent, deter, and eliminate IUU fishing. Ultimately, this agreement will facilitate greater IUU controls in coastal fishing nations; however, there are certain steps that the United States can take in the interim to discourage IUU fishing. First, the United States can grant permanence to the now-temporary list of IUU fishing vessels maintained by NOAA. This list was established in the fiscal year (FY) 2008 Consolidated Appropriations bill (P.L. 110--161), which temporarily authorized NOAA to publish a list of IUU fishing vessels identified by RFMOs. The goal of this list is to allow U.S. law enforcement officers, port authorities, and the commercial fishing industry to quickly and easily identify IUU fishing vessels given that there are significant risks and liabilities to engaging in business with them. Second, the Secretary of Treasury is now authorized to deny port access to certain vessels engaged in high seas driftnet fishing, subject to his discretion, and this authority can be expanded to vessels identified as IUU fishing vessels as defined by the MSA.

Domestically, the United States can take steps to promote interagency cooperation and reduce the bureaucratic barriers that can limit the effectiveness of patrols, investigations, and any subsequent litigation. The NMFS OLE and the Coast Guard undertake international fisheries enforcement activities to the extent that funding and other resources allow, and as such have had limited effectiveness in reducing IUU fishing and preventing all IUU fish product from entering the United States. For FY 2009, the President requested a $1.1 million increase for targeting IUU fishing (the first IUU-specific request) out of a $56 million total request for fisheries enforcement. The United States could improve its law enforcement efforts by allowing agencies to share enforcement authorities, information, and intelligence (subject to appropriate protections), and other resources; enter into MOUs and other agreements with fisheries officers in states and other nations; and otherwise leverage intergovernmental tools and resources.

The United States can also build upon existing efforts to provide assistance and other support to developing countries struggling with fisheries management and IUU enforcement efforts. As noted above, the United States has provided minimal forms of support and assistance through the NMFS and the Coast Guard, but this topic has not been a significant part of the U.S. Agency for International Development or the Millennium Challenge Corporation, the two primary United States Federal programs for providing foreign assistance. By encouraging the development of programs aimed at international fisheries conservation and IUU fishing within the existing foreign assistance framework, in cooperation with experts in the NMFS and the Coast Guard, the United States can expand its reach and effectiveness in targeting this significant marine policy problem facing developing countries.

SUMMARY OF PROVISIONS

The substitute amendment for S. 2907 would harmonize the enforcement provisions of U.S. statues for implementing international fisheries agreements and otherwise strengthen international fisheries enforcement.

Title I of this bill would grant the NOAA and the Coast Guard authority to implement international fisheries laws, expand authorities for carrying out investigations and enforcement activities, and establish new prohibited acts for interfering with investigations. It would amend the enforcement provisions of statutes for implementing international fisheries agreements to conform to sections 307 through 311 of the MSA and increase civil and criminal penalties for violating international fisheries laws. Additionally, it would authorize the Secretary to maintain and make public a list of vessels engaged in IUU fishing and authorize appropriate action against listed vessels consistent with applicable U.S. and international law in all ports of the United States or its territories. It also would amend the High Seas Driftnet Fishing Moratorium Protection Act (HSDFMPA, 16 U.S.C. 1826d et seq.) to authorize the Secretary of the Treasury to deny port access to IUU fishing vessels from nations listed under the new nation certification procedures for IUU fishing and bycatch of protected living marine resources authorized in Section 403 of the MSA.

Title II would leverage intergovernmental capabilities through joint efforts and agreements by creating an International Fisheries Enforcement Program, which would be housed in the NMFS OLE, with new authorities to increase interagency cooperation, share resources and information, and extend authorities to other law enforcement officers. It also would create an International Cooperation and Assistance Program authorized to provide assistance for international capacity building efforts; facilitate training for monitoring, enforcement, and conservation efforts; promote technical expertise, outreach, and education to combat IUU fishing; and promote international marine conservation.

Title III would make other technical and clarifying amendments to various statutes for implementing international fisheries agreements to improve and streamline program performance and rulemaking processes and to facilitate information sharing.

Title IV would consist of implementing legislation for the Inter-American Tropical Tuna Commission, or the Antigua Convention.

LEGISLATIVE HISTORY

S. 2907 was introduced in the Senate by Senators Inouye and Stevens on April 24, 2008. Senators Wicker, Murkowski, Kerry, Snowe, and Cantwell joined as cosponsors. The bill was referred to the Senate Committee on Commerce, Science, and Transportation. On June 24, 2008, an Inouye/Stevens substitute amendment for the bill was considered by the Committee in an open executive session. The Committee, without objection, ordered the substitute amendment for S. 2907 be reported as offered.

Staff assigned to this legislation include Amanda Hallberg, Democratic Professional Staff, Todd Bertoson, Republican Senior Counsel, and Kris Lynch, Republican Senior Advisor for Oceans, Fisheries, and Coast Guard.

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing Rules of the Senate and section 403 of the Congressional Budget Act of 1974, the Committee provides the following cost estimate, prepared by the Congressional Budget Office:

July 25, 2008.

Hon. DANIEL K. INOUYE,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 2907, the International Stewardship and Enforcement Act.

If you wish further details on this estimate, we will be pleased to provide them. The CBO staff contact is Deborah Reis.

Sincerely,

PETER R. ORSZAG.

Enclosure.

S. 2907--International Fisheries Stewardship and Enforcement Act

Summary: S. 2907 would establish uniform enforcement policies and procedures among federal statutes that govern the regulation of commercial fishing. The bill also would authorize funding for new programs to improve the enforcement of laws related to international fisheries and coordinate enforcement actions among federal agencies.

Assuming appropriation of the authorized amounts, CBO estimates that implementing S. 2907 would cost $90 million over the 2010-2013 period and $120 million after 2013. Enacting this legislation could increase revenues (from civil and criminal penalties) and associated direct spending, but CBO estimates that such increases would be less than $500,000 annually and would offset each other in most years.

Section 4 of the Unfunded Mandates Reform Act (UMRA) excludes from the application of that act any legislative provisions that are necessary for the ratification or implementation of international treaty obligations. CBO has determined that the provisions of title IV fall within that exclusion because they would implement the Antigua Convention. Therefore, CBO has not reviewed title IV for the presence of intergovernmental or private-sector mandates.

The remaining provisions contain an intergovernmental and private-sector mandate as defined in UMRA because they would require public and private entities, if subpoenaed, to provide testimony, documents, or other evidence to the Department of Commerce. CBO estimates that the cost to comply with the mandate would fall below the annual thresholds established in UMRA for intergovernmental and private-sector mandates ($68 million and $136 million in 2008, respectively, adjusted annually for inflation).

Estimated cost to the Federal Government: The estimated budgetary impact of S. 2907 is shown in the following table. The costs of this legislation fall within budget function 300 (natural resources and environment).

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                                             By fiscal year, in millions of dollars--                               

                                                                                 2009 2010 2011 2012 2013 2009-2013 

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CHANGES IN SPENDING SUBJECT TO APPROPRIATION                                                                        

Authorization Level                                                                 0   35   35   35   35       140 

Estimated Outlays                                                                   0   10   15   30   35        90 

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Basis of estimate: For this estimate, CBO assumes that the legislation will be enacted near the beginning of fiscal year 2009 and that the amounts authorized will be appropriated for each year. Estimated outlays are based on historical spending patterns for similar programs.

S. 2907 would authorize the appropriation of $30 million for each of fiscal years 2010 through 2015 for a new program to detect, investigate, and enforce laws against certain fishing activities. The new program would be administered by the National Oceanic and Atmospheric Administration (NOAA) and carried out with help from other federal agencies such as the U.S. Coast Guard and U.S. Customs and Border Protection. The bill also would authorize the appropriation of $5 million annually over the same period for grants and other assistance to foreign governments to improve international enforcement of fisheries laws. Assuming appropriation of the authorized amounts, CBO estimates that implementing the new programs would cost $90 million over the 2010-2013 period and $120 million after 2013.

Finally, S. 2907 would increase civil and criminal penalties for violations of fisheries laws. Based on information provided by NOAA, CBO estimates that any increase in revenues from penalties would be less than $500,000 a year and would be offset by similar increases in direct spending from the Crime Victims Fund (for criminal penalties) or by NOAA (for civil penalties) as authorized by existing law.

Intergovernmental and private-sector impact: Section 4 of UMRA excludes from the application of that act any legislative provisions that are necessary for the ratification or implementation of international treaty obligations. CBO has determined that the provisions of title IV fall within that exclusion because they would implement the Antigua Convention. Therefore, CBO has not reviewed title IV for the presence of intergovernmental or private-sector mandates.

The remaining provisions contain an intergovernmental and private-sector mandate as defined in UMRA. The bill would expand the authority of the Secretary of Commerce to issue subpoenas when investigating violations of certain fishing laws. Public and private entities, if subpoenaed, would be required to provide testimony, documents, or other evidence. CBO expects that the Secretary would use that authority sparingly and that the costs to the private and public entities to comply with such subpoenas would be small. Therefore CBO estimates that the cost of the mandate would fall below the annual thresholds established in UMRA for intergovernmental and private-sector mandates ($68 million and $136 million in 2008, respectively, adjusted annually for inflation).

Estimate prepared by: Federal Costs: Deborah Reis; Impact on State, Local, and Tribal Governments: Elizabeth Cove; Impact on the Private Sector: Jacob Kuiper.

Estimate approved by: Theresa Gullo, Deputy Assistant Director for Budget Analysis.

REGULATORY IMPACT STATEMENT

In accordance with paragraph 11(b) of rule XXVI of the Standing Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported:

NUMBER OF PERSONS COVERED

The reported bill would strengthen and harmonize the enforcement provisions of U.S. statutes for implementing international fisheries agreements, authorize actions regarding foreign vessels engaged in illegal fishing, create interagency programs for coordinating international fisheries enforcement and assistance to developing countries, and make other technical and clarifying changes to international fisheries statutes. It authorizes the Secretary to promulgate new regulations to carry out its authorities to address new prohibited acts related to interfering with an international fisheries investigation, and therefore will subject those individuals or businesses to new regulations.

ECONOMIC IMPACT

Title II of the reported substitute amendment authorizes $30,000,000, for each of FY 2010 through FY 2015, for the development and implementation of a new inter-agency International Fisheries Enforcement Program. It also authorizes $5,000,000, for each of FY 2010 through FY 2015, for the establishment of the International Cooperation and Assistance Program. Considering the potential cost savings and economic return on an effective international fisheries conservation program, the funding levels ultimately enacted are not expected to have an inflationary impact on the nation's economy.

PRIVACY

The reported substitute amendment will not have any adverse impact on the personal privacy of individuals that do not violate provisions of this legislation.

PAPERWORK

S. 2907 would not impose any new paperwork requirements on private citizens, businesses, or other entities that do not choose to participate in international fisheries activities; those who do participate in this industry may be subject to some changes in the paperwork requirements to meet emerging program needs.

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing Rules of the Senate, the Committee provides that no provisions contained in the bill, as reported, meet the definition of congressionally directed spending items under the rule.

SECTION-BY-SECTION ANALYSIS

Section 1. Short Title and Table of Contents.

This section would provide that the legislation may be cited as the `International Fisheries Stewardship and Enforcement Act.' This section also contains the table of contents.

TITLE I. ADMINISTRATION AND ENFORCEMENT OF CERTAIN FISHERY AND RELATED STATUTES

Section 101. Authority of the Secretary to Enforce Statutes.

Sec. 101 (a). In General. This subsection would direct the Secretary and the Secretary of the Department in which the Coast Guard is operating, currently the Department of Homeland Security, to enforce the statutes to which this section applies. The Secretary would be allowed, by agreement, to utilize the personnel, equipment, and facilities of any other Federal agency, including all elements of the Department of Defense, to carry out this section. This section would apply to the HSDFMPA, the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3631 et seq.), the Dolphin Protection Consumer Information Act (16 U.S.C. 1385), the Tuna Conventions Act of 1950 (16 U.S.C. 951 et seq.), the North Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 5001 et seq.), the South Pacific Tuna Act of 1988 (16 U.S.C. 973 et seq.), the Antarctic Marine Living Resources Convention Act of 1984 (16 U.S.C. 2431 et seq.), the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971 et seq.), the Northwest Atlantic Fisheries Convention Act of 1995 (16 U.S.C. 5601 et seq.), the Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6901 et seq.), the Northern Pacific Halibut Act of 1982 (16 U.S.C. 773 et seq.), and the Antigua Convention Implementing Act of 2008. In addition, this subsection could apply to any other Act of the same subject as designated by the Secretary after having given notice and an opportunity for a hearing.

Sec. 101 (b). Administration and Enforcement. This subsection would direct the Secretary to prevent any person from violating any Act to which this section applies in the same way as though sections 307 through 311 of the MSA were incorporated into such Act. Any person, with a few exceptions, who violates any Act to which this section applies would be subject to the penalties, privileges, and immunities provided in the sections 307 through 311 of the MSA.

Sec. 101 (c) Special Rules. This subsection would outline that if there is a conflict with a provision from the MSA, the provision of this subsection would apply. The amount of the civil penalty would not exceed $250,000 per violation. Each day of a continuing violation would constitute a separate violation. The Attorney General, upon the request of the Secretary, would be allowed to take civil action in the appropriate district court of the United States to enforce this Act and any Act to which this section applies. Any person, other than a foreign government, who knowingly violates any provision of subsection (e) of this section, or any regulation conforming to this Act, would be guilty of a criminal offense and subject to penalties provided under section 309 of the MSA. Authorized officers enforcing the provisions of any Act to which this section applies would be authorized to search or inspect any facility used for the storage, processing, transport, or trade of fish or fish products; inspect any records pertaining to the storage, processing, transport, or trade of fish or fish products; detain, for 5 days, any shipment of fish or fish product within the jurisdiction of the United States; and make an arrest. The Secretary could issue subpoenas for the production of relevant papers, photographs, records, books, and documents in any form including electronic, electrical, or magnetic.

Sec. 101 (d). District Court Jurisdiction. This subsection would give the district courts of the United States jurisdiction over any actions arising under this section. American Samoa would be included within the District of Hawaii. Any offenses not committed in any district would be subject to the venue provisions of section 3238 of title 18, United States Code.

Sec. 101 (e). Prohibited Acts. This subsection would create a list of unlawful activities and would direct the Secretary to enforce such regulations as may be necessary to carry out this section.

Section 102. Conforming, Minor, and Technical Amendments.

This section would provide for enforcement under section 101 of this Act, of the HSDFMPA, the Dolphin Protection Consumer Information Act, the Tuna Conventions Act of 1950, the Northern Pacific Anadromous Stocks Act of 1992, the Pacific Salmon Treaty Act of 1985, the South Pacific Tuna Act of 1988, the Antarctic Marine Living Resources Convention Act of 1984, the Atlantic Tunas Convention Act of 1975, the Northwest Atlantic Fisheries Convention Act of 1995, the Western and Central Pacific Fisheries Convention Implementation Act, and the Northern Pacific Halibut Act of 1982.

Section 103. Illegal, Unreported, or Unregulated Fishing.

This section would amend the HSDFMPA to include a list of vessels and vessel owners engaged in IUU fishing, to apply restrictions on port access to all U.S. ports, and to authorize authority for the Secretary of Treasury to take actions with respect to fishing vessels that receive a negative certification under section 609 or 610 of the HSDFMPA.

TITLE II. LAW ENFORCEMENT AND INTERNATIONAL OPERATIONS

Section 201. International Fisheries Enforcement Program.

Sec. 201 (a). Establishment. This subsection would direct the Secretary to establish an interagency International Fisheries Enforcement Program within the NMFS OLE, within 12 months of enactment. This program would detect and investigate IUU fishing activity and enforce the provisions of this Act. The program would have a representative from the U.S. Coast Guard, U.S. Customs and Border Protection, U.S. Food and Drug Administration, and any other agency deemed appropriate by the Secretary.

Sec. 201 (b). Program Actions. This subsection would allow the Secretary to request from the heads of other departments and agencies providing program staff to participate in staffing the program, share personnel, services, equipment, and facilities with the program, and extend enforcement authorities to other agencies within the program. The Secretary and the department and agency heads providing staff for the program could develop interagency plans, budgets, and financing. Within 180 days after the establishment of the program, the Secretary would develop a 5-year strategic plan, to be updated at least once every 5 years, for guiding interagency and intergovernmental international fisheries enforcement efforts. Additionally, the Secretary, in coordination with the other program participants, could create and participate in task forces, committees, or other working groups, as well as enter into agreements with other Federal, state, or local governments, as well as with foreign governments.

Sec. 201 (c). Powers of Authorized Officers. This subsection would allow authorized officers to have the powers and authority provided in section 101 while enforcing the provisions of this Act.

Sec. 201 (d). Information Collection, Maintenance, and Use. This subsection would direct the Secretary and the other program participants to share, subject to appropriate safeguards, all applicable information, intelligence, and data, related to IUU fishing. The Secretary, through the program, would coordinate the collection, storage, analysis, and dissemination of all applicable materials related to IUU fishing and would ensure the protection and confidentiality required by law for materials related to IUU fishing. The Secretary and the other program participants would develop data standardization methods for fisheries related data. Upon request of the Secretary, elements of the U.S. intelligence community would collect information related to IUU fishing outside the United States about non-U.S. citizens and share such information with the Secretary, through the program, for law enforcement purposes. In addition, this section would give the Secretary the authority to share fisheries related data with other Federal, State, and foreign governments, as well as international organizations, if such governments and organizations have policies and procedures to safeguard the information from unintended disclosure, and if the exchange of information is necessary to carry out the requirements of this section.

Sec 201 (e). Authorization of Appropriations. This subsection would authorize $30 million to the Secretary annually for FY 2010 through FY 2015 to carry out the purposes of this section.

Section 202. International Cooperation and Assistance Program.

This section would direct the Secretary to establish an international cooperation and assistance program, including grants, to provide assistance for international capacity building efforts. In carrying out the program, the Secretary would provide funding and technical expertise to other nations to assist them in addressing IUU fishing and to reduce bycatch of living marine resources. Also, the Secretary would establish partnerships with other Federal agencies, conduct outreach and education efforts, and provide funding, technical expertise, and training to other nations to assist them in enhancing fisheries management and monitoring. The Secretary would establish guidelines necessary to implement the program. In addition, this section would authorize $5 million annually for FY 2010 through FY 2015 for the Secretary to carry out the purposes of this section.

TITLE III. MISCELLANEOUS AMENDMENTS

Section 301. Atlantic Tunas Convention Act of 1975.

This section would repeal Section 11 of the Atlantic Tunas Convention Act of 1975, which mandates an annual reporting requirement.

Section 302. Data Sharing.

This section would amend the HSDFMPA to include information sharing by authorizing the Secretary to share information with other nations or organizations that have policies and procedures to safeguard such information from unintended or unauthorized disclosure. It would also authorize the Secretary to urge other nations to foster information sharing on scientific, conservation, management, and enforcement matters.

Section 303. Permits Under the High Seas Fishing Compliance Act of 1995.

This section would amend the High Seas Fishing Compliance Act of 1995 (16 U.S.C. 5501 et. seq.) to void a permit issued if either one or more permits required for a vessel to fish expire, are revoked, or suspended, or the vessel is no longer eligible for U.S. documentation.

Section 304. Technical Corrections to the Western and Central Pacific Fisheries Convention Implementation Act.

This section would make technical corrections to the Western and Central Pacific Fisheries Convention Implementation Act to clarify that commissioners would include representatives of the Western Pacific Fishery Management Council and the Pacific Fishery Management Council.

Section 305. Technical Correction to the Pacific Whiting Act of 2006.

This section would make technical corrections to the Pacific Whiting Act of 2006 to adjust the number of participants on a scientific advisory committee.

Section 306. Committee on Scientific Cooperation for Pacific Salmon Agreement.

This section would amend the Pacific Salmon Treaty Act of 1985 by allowing members of the Committee on Scientific Cooperation to receive compensation when performing duties for the Commission.

Section 307. Reauthorizations.

This section would reauthorize the International Dolphin Conservation Program, the Pacific Salmon Treaty Act of 1985, and the South Pacific Tuna Act of 1988 through FY 2013.

TITLE IV. IMPLEMENTATION OF THE ANTIGUA CONVENTION

Section 401. Short Title.

This section would allow this title to be cited as the `Antigua Convention Implementing Act of 2008'.

Section 402. Amendment of the Tuna Conventions Act of 1950.

This section would ensure that any reference in this title to an amendment or repeal, except as otherwise stated, would be to the Tuna Conventions Act of 1950.

Section 403. Definitions.

This section would define the following terms: `Antigua Convention,' `Convention,' `Import,' `Person,' `United States,' `U.S. Commissioners,' and `U.S. section.'

Section 404. Commissioners; Number, Appointment, and Qualifications.

This section would direct the President to appoint five U.S. Commissioners to represent the United States on the Commission. One Commissioner would be from each of the Department of Commerce, the Western Pacific Fishery Management Council, and the Pacific Fishery Management Council. Not more than 2 Commissioners would be appointed from states whose vessels do not maintain a substantial fishery in the area of the Convention. Alternate U.S. Commissioners could also be appointed in the case of a Commissioner's absence.

Section 405. General Advisory Committee and Scientific Advisory Subcommittee.

This section would direct the Secretary, in consultation with the Secretary of State, to appoint a General Advisory Committee, consisting of no more than 25 individuals representing various groups, including nongovernmental conservation organizations. Members would be appointed for three year terms and would be eligible for reappointment. The Secretary and the Secretary of State would be directed to provide relevant information and administrative support to the Committee. This section would also direct the Secretary, in consultation with the Secretary of State, to appoint a Scientific Advisory Subcommittee consisting of 5 to 15 qualified scientists.

Section 406. Rulemaking.

This section would direct the Secretary of State to approve or disapprove bylaws and rules adopted by the Commission and submitted for approval of the U.S. government. Regulations and decisions by the Commission requiring the submission of boat operation records would be put into effect by the Secretary of Commerce and would apply to all vessels under U.S. jurisdiction. Regulations carrying out recommendations by the Commission would be exempt from notice and comment rulemaking procedures as well as requirements for environmental and economic analysis. The Secretary of Commerce would set the date such regulations go into effect. The Secretary of Commerce would suspend any rules under this section if foreign fishing operations constitute a threat to the achievement of the Commission's objectives.

Section 407. Prohibited Acts.

This section would make it unlawful for any person (1) to violate any provision of this chapter or any regulation or permit issued under the Tuna Conventions Act of 1950, as amended by the Antigua Convention Implementing Act of 2008; (2) to use any fishing vessel for fishing activities after an applicable permit has been revoked or suspended; (3) to refuse to permit any authorized officer to board a fishing vessel for purposes of enforcing the Tuna Conventions Act of 1950, as amended; (4) to forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with an authorized officer enforcing the Tuna Conventions Act of 1950, as amended; (5) to resist a lawful arrest for any act prohibited by the Tuna Conventions Act of 1950, as amended; (6) to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any fish taken in violation of the Tuna Conventions Act of 1950, as amended; (7) to interfere with, delay, or prevent the apprehension, or arrest of another person, knowing that such person has committed any act prohibited by this section; (8) to knowingly and willfully submit to the Secretary false information; (9) to forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with any observer on a vessel; (10) to engage in fishing in violation of the Tuna Conventions Act of 1950, as amended; (11) to ship, transport, purchase, sell, offer for sale, import, export, or have in custody, possession, or control any fish taken in violation of applicable regulations; (12) to fail to make, keep, or furnish any catch returns, statistical records, or other reports as required by the Tuna Conventions Act of 1950, as amended; (13) to fail to stop a vessel upon being instructed to stop by an authorized official of the United States; or (14) to import, in violation of the Tuna Conventions Act of 1950, as amended, any fish in any form, including tuna not under regulation but under investigation by the Commission.

Section 408. Enforcement.

This section would enforce the Tuna Conventions Act of 1950, as amended, under section 101 of the International Fisheries Stewardship and Enforcement Act.

Section 409. Reduction of Bycatch.

This section would make minor technical corrections.

Section 410. Repeal of Eastern Pacific Tuna Licensing Act of 1984

This section would repeal the Eastern Pacific Tuna Licensing Act of 1984.

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing Rules of the Senate, changes in existing law made by the bill, as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new material is printed in italic, existing law in which no change is proposed is shown in roman):

NORTHERN PACIFIC HALIBUT ACT OF 1982

SEC. 7. PROHIBITED ACTS.

[16 U.S.C. 773e]

It is unlawful--

5(a)6 (1) for any person subject to the jurisdiction of the United States--

5(1)6 (A) to violate any provision of the Convention, this Act or any regulation adopted under this Act;

5(2)6 (B) to refuse to permit any enforcement officer to board a fishing vessel subject to such person's control for purposes of conducting any 5search or inspection6 search, investigation, or inspection in connection with the enforcement of the Convention, this Act or any regulation adopted under this Act;

5(3)6 (C) to forcibly assault, resist, oppose, impede, intimidate or interfere with any enforcement officer in the conduct of any 5search or inspection6 search, investigation, or inspection described in paragraph (2);

5(4)6 (D) to resist a lawful arrest or detention for any act prohibited by this section;

5(5)6 (E) to ship, transport, offer for sale, sell, purchase, import, export or have custody, control or possession of, any fish taken or retained in violation of the Convention, this Act, or any regulation adopted under this Act; 5or6

5(6)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 5section.6 section; or

(G) to make or submit any false record, account, or label for, or any false identification of, any fish or fish product (including false identification of the harvesting nation or the ocean where harvested) which has been, or is intended to be imported, exported, transported, sold, offered for sale, purchased, or received in interstate or foreign commerce.

5(b)6 (2) for any foreign fishing vessel, and for the owner or operator of any foreign fishing vessel, to engage in fishing for halibut in the fishery conservation zone, unless such fishing is authorized by, and conducted in accordance with the Convention, this Act and regulations adopted under this Act.

5SEC. 3. CIVIL PENATLY; PROCEDURE.

[16 U.S.C. 773f]

5(a) LIABILITY; CONTINUING VIOLATIONS; NOTICE; DETERMINATION OF AMOUNT- Any person who is found by the Secretary, after notice and opportunity for a hearing in accordance with section 554 of title 5, United States Code, to have committed an act prohibited by section 7 shall be liable to the United States for a civil penalty. The amount of the civil penalty shall not exceed $200,000 for each violation. Each day of a continuing violation shall constitute a separate offense. The amount of such civil penalty shall be assessed by the Secretary, or his designee, by written notice. In determining the amount of such penalty, the Secretary shall taken into account the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, and such other matters as justice may require. In assessing such penalty, the Secretary may also consider any information provided by the violator relating to the ability of the violator to pay if the information is provided to the Secretary at least 30 days prior to an administrative hearing.

5(b) JUDICIAL REVIEW- Any person against whom a civil penalty is assessed under subsection (a) may obtain a review thereof in the appropriate court of the United States by filing a notice of appeal in such court within 30 days from the date of such order and by simultaneously sending a copy of such notice by certified mail to the Secretary and the Attorney General. The Secretary shall promptly file in such court a certified copy of the record upon which such violation was found or such penalty imposed, in accordance with rules prescribed pursuant to section 2112 of title 28, United States Code. The findings and order of the Secretary shall be set aside by such court if they are not found to be supported by substantial evidence, as provided in section 706(2) of title 5, United States Code.

5(c) RECOVERY OF ASSESSED PENALTIES BY ATTORNEY GENERAL- If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order, or after the appropriate court has entered final judgment in favor of the Secretary, the Secretary shall refer the matter to the Attorney General of the United States, who shall recover the amount assessed in any validity and appropriateness of the final order imposing the civil penalty shall not be subject to review.

5(d) COMPROMISE, MODIFICATION, AND REMISSION OF PENALTIES- The Secretary may compromise, modify, or remit, with or without conditions, any civil penalty which is subject to imposition or which has been imposed under this section.

5(e) REVOCATION OR SUSPENSION OF PERMIT-

5(1) IN GENERAL- The Secretary may take any action described in paragraph (2) in any case in which--

5(A) a vessel has been used in the commission of any act prohibited under section 7;

5(B) the owner or operator of a vessel or any other person who has been issued or has applied for a permit under this Act has acted in violation of section 7; or

5(C) any amount in settlement of a civil forfeiture imposed on a vessel or other property, or any civil penalty or criminal fine imposed on a vessel or owner or operator of a vessel or any other person who has been issued or has applied for a permit under any marine resource law enforced by the Secretary has not been paid and is overdue.

5(2) PERMIT-RELATED ACTIONS- Under the circumstances described in paragraph (1) the Secretary may--

5(A) revoke any permit issued with respect to such vessel or person, with or without prejudice to the issuance of subsequent permits;

5(B) suspend such permit for a period of time considered by the Secretary to be appropriate;

5(C) deny such permit; or

5(D) impose additional conditions and restrictions on any permit issued to or applied for by such vessel or person under this Act and, with respect to any foreign fishing vessel, on the approved application of the foreign nation involved and on any permit issued under that application.

5(3) FACTORS TO BE CONSIDERED- In imposing a sanction under this subsection, the Secretary shall take into account--

5(A) the nature, circumstances, extent, and gravity of the prohibited acts for which the sanction is imposed; and

5(B) with respect to the violator, the degree of culpability, any history of prior offenses, and such other matters as justice may require.

5(4) TRANSFERS OF OWNERSHIP- Transfer of ownership of a vessel, a permit, or any interest in a permit, by sale or otherwise, shall not extinguish any permit sanction that is in effect or is pending at the time of transfer of ownership. Before executing the transfer of ownership of a vessel, permit, or interest in a permit, by sale or otherwise, the owner shall disclose in writing to the prospective transferee the existence of any permit sanction that will be in effect or pending with respect to the vessel, permit, or interest at the time of the transfer.

5(5) REINSTATEMENT- In the case of any permit that is suspended under this subsection for nonpayment of a civil penalty, criminal fine, or any amount in settlement of a civil forfeiture, the Secretary shall reinstate the permit upon payment of the penalty, fine, or settlement amount and interest thereon at the prevailing rate.

5(6) HEARING- No sanction shall be imposed under this subsection unless there has been prior opportunity for a hearing on the facts underlying the violation for which the sanction is imposed either in conjunction with a civil penalty proceeding under this section or otherwise.

5(7) PERMIT DEFINED- In this subsection, the term `permit' means any license, certificate, approval, registration, charter, membership, exemption, or other form of permission issued by the Commission or the Secretary, and includes any quota share or other transferable quota issued by the Secretary.6

5SEC. 9. CRIMES AND CRIMINAL PENALTIES.

[16 U.S.C. 773g]

5(a) OFFENSES- A person is guilty of any offense if he commits an act prohibited by section 7(a)(2), (3), (4), or (6); or section 7(b).

5(b) FINES; IMPRISONMENT- Any offense described in subsection (a) is punishable by a fine of not more than $200,000 or imprisonment for not more than 6 months or both; except that if in the commission of any offense the person uses a dangerous weapon, engages in conduct that causes bodily injury to any officer authorized to enforce the provisions of this Act, or places any such officer in fear of imminent bodily injury the offense is punishable by a fine of not more than $400,000, or imprisonment for not more than 10 years or both.

5(c) FEDERAL JURISDICTION- There is Federal jurisdiction over any offense described in this section.

5SEC. 10. FORFEITURES.

[16 U.S.C. 773h]

5(a) CIVIL FORFEITURE PROCEEDING- Any fishing vessel (including its fishing gear, furniture, appurtenances, stores, and cargo) used, and any fish taken or retained, in any manner, in connection with or as a result of the commission of any act prohibited by section 7 shall be subject to forfeiture to the United States. All or part of such vessel may, and all such fish shall, be forfeited to the United States pursuant to a civil proceeding under this section.

5(b) UNITED STATES DISTRICT COURT JURISDICTION- Any district court of the United States shall have jurisdiction, upon application by the Attorney General on behalf of the United States, to order any forfeiture authorized under subsection (a) and any action provided for under subsection (d).

5(c) SEIZURE OF FORFEITED PROPERTY- If a judgment is entered for the United States in a civil forfeiture proceeding under this section, the Attorney General may seize any property or other interest declared forfeited to the United States, which has not previously been seized pursuant to this Act or for which security has not previously been obtained under subsection (d). The provisions of the customs laws relating to--

5(1) the disposition of forfeited property;

5(2) the proceeds from the sale of forfeited property;

5(3) the remission or mitigation of forfeitures; and

5(4) the compromise of claims;

shall apply to any forfeiture ordered, and to any case in which forfeiture is alleged to be authorized, under this section, unless such provisions are inconsistent with the purposes, policy, and provisions of this Act. The duties and powers imposed upon the Commissioner of Customs or other persons under such provisions shall, with respect to this Act, be performed by officers or other persons designated for such purpose by the Secretary.

5(d) BOND OR OTHER SECURITY; DISPOSAL OF SEIZED FISH-

5(1) Any officer authorized to serve any process in rem which is issued by a court having jurisdiction under section 11(d) shall--

5(A) stay the execution of such process; or

5(B) discharge any fish seized pursuant to such process;

upon the receipt of a satisfactory bond or other security from any person claiming such property. Such bond or other security shall be conditioned upon such person delivering such property to the appropriate court upon order thereof, without any impairment of its value, or paying the monetary value of such property pursuant to an order of such court. Judgment shall be recoverable on such bond or other security against both the principal and any sureties in the event that any condition thereof is breached, as determined by such court.

5(2) Any fish seized pursuant to this Act may be disposed of pursuant to the order of a court of competent jurisdiction or, if perishable, in a manner prescribed by regulations of the Secretary or the Secretary of the department in which the Coast Guard is operating.

5(e) PRESUMPTION OF VIOLATION- For purposes of this section, it shall be a rebuttable presumption that all fish found on board a fishing vessel which is seized in connection with an act prohibited by section 7 were taken or retained in violation of the Convention and this Act.6

SEC. 11. ADMINISTRATION AND ENFORCMENT.

[16 U.S.C. 773i]

(a) SECRETARY OF COMMERCE AND SECRETARY OF DEPARTMENT IN WHICH COAST GUARD IS OPERATING- The Convention, this Act, and any regulation adopted under this Act, shall be enforced by the Secretary and the Secretary of the department in which the Coast Guard is operating. Such Secretaries may, by agreement, on a reimbursable basis or otherwise, utilize the personnel, services, equipment (including aircraft and vessels), and facilities of any other Federal agency, and of any State agency, in the performance of such duties.

5(b) ARREST, SEARCH AND INSPECTION, SEIZURE; EXECUTION OF WARRANTS AND OTHER PROCESS- Any officer who is authorized by the Secretary, the Secretary of the department in which the Coast Guard is operating, or the head of any Federal or State agency which has entered into an agreement with such Secretaries under subsection (a) to enforce the Convention, this Act or any regulation adopted under this Act may--

5(1) with or without a warrant or other process--

5(A) arrest any person, if he has reasonable cause to believe that such person has committed an act prohibited by section 7;

5(B) board, and search or inspect, any fishing vessel which is subject to this Act;

5(C) at reasonable times enter, search or inspect, shoreside facilities in which fish taken subject to this Act are processed, packed or held;

5(D) seize any fishing vessel (together with its fishing gear, furniture, appurtenances, stores, and cargo) used or employed in, or with respect to which it reasonably appears that such vessel was used or employed in, an act prohibited by section 7;

5(E) seize any fish (wherever found) taken or retained in the course of an act prohibited by section 7, or the proceeds of the sale of such fish; and

5(F) seize any other evidence related to an act prohibited by section 7;

5(2) execute any warrant or other process issued by any court of competent jurisdiction; and

5(3) exercise any other lawful authority.

5(c) CITATION OF OWNER OR OPERATOR OF OFFENDING VESSEL- If any officer authorized to enforce this Act (as provided for in this section) finds that a fishing vessel is operating or has been operated in the commission of an act prohibited by section 7, such officer may, in accordance with regulations issued jointly by the Secretary and the Secretary of the department in which the Coast Guard is operating, issue a citation to the owner or operator of such vessel in lieu of proceeding under subsection (b). If a permit has been issued pursuant to this Act for such vessel, such officer shall note the issuance of any citation under this subsection, including the date thereof and the reason therefor, on the permit. The Secretary shall maintain a record of all citations issued pursuant to this subsection.

5(d) UNITED STATES DISTRICT COURT JURISDICTION- The district courts of the United States shall have exclusive jurisdiction over any case or controversy arising under this Act. Any such court may, at any time--

5(1) enter restraining orders or prohibitions;

5(2) issue warrants, process in rem or other process;

5(3) prescribe and accept satisfactory bonds or other security; and

5(4) take such other actions as are in the interest of justice.

5(e) WITNESSES; RECORDS AND FILES- When requested by the appropriate authorities of Canada, officers or employees of the Coast Guard, the National Oceanic and Atmospheric Administration or any other agency of the United States may be directed to attend as a witness, and to produce such available records and files or duly certified copies thereof as may be necessary for the prosecution in Canada of any violation of the Convention or any Canadian law relating to the enforcement thereof.

5(f) INVESTIGATIONS BY SECRETARY OF COMMERCE; POWERS; PROCESS-

5(1) In cooperation with such other agencies as may be appropriate, the Secretary may conduct or cause to be conducted such law enforcement investigations as are deemed necessary to carry out the purposes of this Act.

5(2) For the purpose of all investigations which, in the opinion of the Secretary, are necessary and proper for the enforcement of this Act, the Secretary or any officer designated by him is empowered to administer oaths and affirmations, subpena witnesses, take evidence, and require the production of any books, papers, or other documents which the Secretary deems relevant or material to the inquiry. Such attendance of witnesses and the production of such documentary evidence may be required from any place in the United States at any designated place or hearing.

5(3) Process of the Secretary may be served by anyone duly authorized by him either--

5(A) by delivering a copy thereof to the individual to be served, or to a member of the partnership to be served, or the president, secretary, or other executive officer or a director of the corporation to be served; or the agent designated for service of process;

5(B) by leaving a copy thereof at the residence or the principal office or place of business of such individual, partnership, or corporation; or

5(C) by mailing a copy thereof by registered or certified mail addressed to such individual, partnership, or corporation at his or its residence or principal office or place of business. The verified return by the individual so serving such complaint, order, or other process setting forth the manner of service shall be proof of same, and the returned post office receipt for such complaint, order, or other process mailed by registered or certified mail shall be proof of the service of the same.6

(b) ADMINISTRATION AND ENFORCEMENT- This Act shall be enforced under section 101 of the International Fisheries Stewardship and Enforcement Act.

TUNA CONVENTIONS ACT OF 1950

5SEC. 2. DEFINITIONS.

[16 U.S.C. 951]

5As used in this Act, the term--

5(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;

5(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;

5(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;

5(d) `person' means every individual, partnership, corporation, and association subject to the jurisdiction of the United States; and

5(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.6

SEC. 2. DEFINITIONS.

In this Act:

(1) ANTIGUA CONVENTION- The term `Antigua Convention' means the Convention for the Strengthening of the Inter-American Tropical Tuna Commission Established by the 1949 Convention Between the United States of America and the Republic of Costa Rica, signed at Washington, November 14, 2003.

(2) COMMISSION- The term `Commission' means the Inter-American Tropical Tuna Commission provided for by the Convention.

(3) CONVENTION- The term `Convention' means--

(A) the Convention for the Establishment of an Inter-American Tropical Tuna Commission, signed at Washington, May 31, 1949, by the United States of America and the Republic of Costa Rica;

(B) the Antigua Convention, upon its entry into force for the United States, and any amendments thereto that are in force for the United States; or

(C) both such Conventions, as the context requires.

(4) IMPORT- The term `import' means to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States.

(5) PERSON- The term `person' means an individual, partnership, corporation, or association subject to the jurisdiction of the United States.

(6) UNITED STATES- The term `United States' includes all areas under the sovereignty of the United States.

(7) U.S. COMMISSIONERS- The term `U.S. commissioners' means the members of the commission.

(8) U.S. SECTION- The term `U.S. section' means the U.S. Commissioners to the Commission and a designee of the Secretary of State.

5SEC. 3. COMMISSIONERS; NUMBER; APPOINTMENT; QUALIFICATION.

[16 U.S.C. 952]

5The 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--

5(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;

5(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;

5(c) at least one shall be either the Administrator, or an appropriate officer, of the National Marine Fisheries Service; and

5(d) at least one shall be chosen from a nongovernmental conservation organization.6

SEC. 3. COMMISSIONERS.

(a) COMMISSONERS- The United States shall be represented on the Commission by 5 United States Commissioners. The President shall appoint individuals to serve on the Commission at the pleasure of the President. In making the appointments, the President shall select Commissioners from among individuals who are knowledgeable or experienced concerning highly migratory fish stocks in the eastern tropical Pacific Ocean, one of whom shall be an officer or employee of the Department of Commerce, one of whom shall be the chairman or a member of the Western Pacific Fishery Management Council, and one of whom shall be the chairman or a member of the Pacific Fishery Management Council. Not more than 2 Commissioners may be appointed who reside in a State other than a State whose vessels maintain a substantial fishery in the area of the Convention.

(b) ALTERNATE COMMISSIONERS- The Secretary of State, in consultation with the Secretary, may designate from time to time and for periods of time deemed appropriate Alternate United States Commissioners to the Commission. Any Alternate United States Commissioner may exercise, at any meeting of the Commission or of the General Advisory Committee or Scientific Advisory Subcommittee established pursuant to section 4(b), all powers and duties of a United States Commissioner in the absence of any Commissioner appointed pursuant to subsection (a) of this section for whatever reason. The number of such Alternate United States Commissioners that may be designated for any such meeting shall be limited to the number of United States Commissioners appointed pursuant to subsection (a) of this section who will not be present at such meeting.

(c) ADMINISTRATIVE MATTERS-

(1) EMPLOYMENT STATUS- Individuals serving as such Commissioners, other than officers or employees of the United States Government, shall be considered to be Federal employees while performing such service, only for purposes of--

(A) injury compensation as provided in chapter 81 of title 5, United States Code, and tort claims liability under chapter 171 of title 28, United States Code;

(B) the Ethics in Government Act of 1978 (5 U.S.C. App.) and the provisions of chapter 11 of title 18, United States Code; and

(C) any other statute or regulation governing the conduct of Federal employees.

Notwithstanding subparagraph (B), section 208(a) of title 18, United States Code, shall not apply to such an individual if, after review of the financial disclosure report filed by the individual pursuant to the Ethics in Government Act of 1978 (5 U.S.C. App.), the Secretary of Commerce, or his designee, certifies in writing that the need for the individual's services outweighs the potential for a conflict of interest created by the financial interest involved.';

(2) COMPENSATION- The United States Commissioners or Alternate Commissioners, although officers of the United States while so serving, shall receive no compensation for their services as such Commissioners or Alternate Commissioners.

(3) TRAVEL EXPENSES-

(A) The Secretary of State shall pay the necessary travel expenses of United States Commissioners and Alternate United States Commissioners to meetings of the IATTC and other meetings the Secretary deems necessary to fulfill their duties, in accordance with the Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of title 5, United States Code.

(B) The Secretary may reimburse the Secretary of State for amounts expended by the Secretary of State under this subsection.

SEC. 4. GENERAL ADVISORY COMMITTEE AND SCIENTIFIC ADVISORY SUBCOMMITTEE.

[16 U.S.C. 953]

5(a) APPOINTMENTS; PUBLIC PARTICIPATION; COMPENSATION- The Secretary, in consultation with the United States Commissioners, shall--

5(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;

5(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;

5(3) establish procedures to provide for appropriate public participation and public meetings and to provide for the confidentiality of confidential business data; and

5(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.6

(a) GENERAL ADVISORY COMMITTEE-

(1) APPOINTMENTS; PUBLIC PARTICIPATION; COMPENSATION-

(A) The Secretary, in consultation with the Secretary of State, shall appoint a General Advisory Committee which shall consist of not more than 25 individuals who shall be representative of the various groups concerned with the fisheries covered by the Convention, including nongovernmental conservation organizations, providing to the maximum extent practicable an equitable balance among such groups. Members of the General Advisory Committee will be eligible to participate as members of the U.S. delegation to the Commission and its working groups to the extent the Commission rules and space for delegations allow.

(B) The chair of the Pacific Fishery Management Council's Advisory Subpanel for Highly Migratory Fisheries and the chair of the Western Pacific Fishery Management Council's Advisory Committee shall be members of the General Advisory Committee by virtue of their positions in those Councils;

(C) Each member of the General Advisory Committee appointed under subparagraph (A) shall serve for a term of 3 years and is eligible for reappointment.

(D) The General Advisory Committee shall be invited to attend all non-executive meetings of the United States Section and at such meetings shall be given opportunity to examine and to be heard on all proposed programs of investigation, reports, recommendations, and regulations of the Commission.

(E) The General Advisory Committee shall determine its organization, and prescribe its practices and procedures for carrying out its functions under this chapter, the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), and the Convention. The General Advisory Committee shall publish and make available to the public a statement of its organization, practices and procedures. Meetings of the General Advisory Committee, except when in executive session, shall be open to the public, and prior notice of meetings shall be made public in timely fashion. The General Advisory Committee shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.).

(2) INFORMATION SHARING- The Secretary and the Secretary of State shall furnish the General Advisory Committee with relevant information concerning fisheries and international fishery agreements.

(3) ADMINISTRATIVE MATTERS-

(A) The Secretary shall provide to the General Advisory Committee in a timely manner such administrative and technical support services as are necessary for its effective functioning.

(B) Individuals appointed to serve as a member of the General Advisory Committee--

(i) shall serve without pay, but while away from their homes or regular places of business to attend meetings of the General Advisory Committee shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5, United States Code; and

(ii) shall be considered Federal employees while performing service as members of the General Advisory Committee only for purposes of--

(I) injury compensation as provided in chapter 81 of title 5, United States Code, and tort claims liability under chapter 171 of title 28, United States Code;

(II) the Ethics in Government Act of 1978 (5 U.S.C. App.) and the provisions of chapter 11 of title 18, United States Code; and

(III) any other statute or regulation governing the conduct of Federal employees.

Notwithstanding subclause (II), section 208(a) of title 18, United States Code, shall not apply to such an individual if, after review of the financial disclosure report filed by the individual pursuant to the Ethics in Government Act of 1978 (5 U.S.C. App.), the Secretary of Commerce, or his designee, certifies in writing that the need for the individual's services outweighs the potential for a conflict of interest created by the financial interest involved.

5(b) FUNCTIONS-

5(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.6

(b) SCIENTIFIC ADVISORY COMMITTEE- (1) The Secretary, in consultation with the Secretary of State, shall appoint a Scientific Advisory Subcommittee of not less than 5 nor more than 15 qualified scientists with balanced representation from the public and private sectors, including nongovernmental conservation organizations.

(2) SCIENTIFIC ADVISORY SUBCOMMITTEE-

(A) ADVICE- The Scientific Advisory Subcommittee shall advise the General Advisory Committee and the Commissioners on matters including--

(i) the conservation of ecosystems;

(ii) the sustainable uses of living marine resources related to the tuna fishery in the eastern Pacific Ocean; and

(iii) the long-term conservation and management of stocks of living marine resources in the eastern tropical Pacific Ocean.

(B) OTHER FUNCTIONS AND ASSISTANCE- The Scientific Advisory Subcommittee shall, as requested by the General Advisory Committee, the United States Commissioners, or the Secretary, perform functions and provide assistance required by formal agreements entered into by the United States for this fishery, including the International Dolphin Conservation Program. These functions may include--

(i) the review of data from the Program, including data received from the Inter-American Tropical Tuna Commission;

(ii) recommendations on research needs, including ecosystems, fishing practices, and gear technology research, including the development and use of selective, environmentally safe and cost-effective fishing gear, and on the coordination and facilitation of such research;

(iii) recommendations concerning scientific reviews and assessments required under the Program and engaging, as appropriate, in such reviews and assessments;

(iv) consulting with other experts as needed; and

(v) recommending measures to assure the regular and timely full exchange of data among the parties to the Program and each nation's National Scientific Advisory Committee (or its equivalent).

(3) ATTENDANCE AT MEETINGS- The Scientific Advisory Subcommittee shall be invited to have representatives attend all nonexecutive meetings of the United States sections and the General Advisory Subcommittee and shall be given full opportunity to examine and to be heard on all proposed programs of scientific investigation, scientific reports, and scientific recommendations of the commission. Representatives of the Scientific Advisory Subcommittee may attend meetings of the Inter-American Tropical Tuna Commission in accordance with the rules of such Commission.

5SEC. 6. SECRETARY OF STATE TO ACT FOR UNITED STATES.6

SEC. 6. RULEMAKING.

[16 U.S.C. 955]

5(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.

5(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.6

(a) REGULATIONS- The Secretary, in consultation with the Secretary of State and, with respect to enforcement measures, the Secretary of the Department in which the Coast Guard is operating, may promulgate such regulations as may be necessary to carry out the United States international obligations under the Convention and this Act, including recommendations and decisions adopted by the Commission. In cases where the Secretary has discretion in the implementation of one or more measures adopted by the Commission that would govern fisheries under the authority of a Regional Fishery Management Council, the Secretary may, to the extent practicable within the implementation schedule of the Convention and any recommendations and decisions adopted by the Commission, promulgate such regulations in accordance with the procedures established by the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).

(b) JURISDICTION- The Secretary may promulgate regulations applicable to all vessels and persons subject to the jurisdiction of the United States, including United States flag vessels wherever they may be operating, on such date as the Secretary shall prescribe.

(c) RULEMAKING PROCEDURES; PROHIBITIONS- Regulations required to carry out recommendations of the commission made pursuant to paragraph 5 of article II of the Convention for the Establishment of an Inter-American Tropical Tuna Commission shall be promulgated as hereinafter provided by the Secretary of the Interior upon approval of such recommendations by the Secretary of State and the Secretary of the Interior. The Secretary of the Interior shall cause to be published in the Federal Register a general notice of proposed rulemaking and shall afford interested persons an opportunity to participate in the rulemaking through (1) submission of written data, views, or arguments, and (2) oral presentation at a public hearing. Such regulations shall be published in the Federal Register and shall be accompanied by a statement of the considerations involved in the issuance of the regulations. After publication in the Federal Register such regulations shall be applicable to all vessels and persons subject to the jurisdiction of the United States on such date as the Secretary of the Interior shall prescribe, but in no event prior to an agreed date for the application by all countries whose vessels engage in fishing for species covered by the convention in the regulatory area on a meaningful scale, in terms of effect upon the success of the conservation program, of effective measures for the implementation of the commission's recommendation applicable to all vessels and persons subject to their respective jurisdictions. The Secretary of the Interior shall suspend at any time the application of any such regulations when, after consultation with the Secretary of State and the United States Commissioners, he determines that foreign fishing operations in the regulatory area are such as to constitute a serious threat to the achievement of the objectives of the commission's recommendations. The regulations thus promulgated may include the selection for regulation of one or more of the species covered by the convention; the division of the convention waters into areas; the establishment of one more open or closed seasons as to each area; the limitation of the size of the fish and quantity of the catch which may be taken from each area within any season during which fishing is allowed; the limitation or prohibition of the incidental catch of a regulated species which may be retained, taken, possessed, or landed by vessels or persons fishing for other species of fish; the requiring of such clearance certificates for vessels as may be necessary to carry out the purposes of the convention and this Act; and such other measures incidental thereto as the Secretary of the Interior may deem necessary to implement the recommendations of the commission: Provided, That upon the promulgation of any such regulations the Secretary of the Interior shall promulgate additional regulations, with the concurrence of the Secretary of State, which shall become effective simultaneously with the application of the regulations hereinbefore referred to (1) to prohibit the entry into the United States, from any country when the vessels of such country are being used in the conduct of fishing operations in the regulatory area in such manner or in such circumstances as would tend to diminish the effectiveness of the conservation recommendations of the commission, of fish in any form of those species which are subject to regulation pursuant to a recommendation of the commission and which were taken from the regulatory area; and (2) to prohibit entry into the United States, from any country, of fish in any form of those species which are subject to regulation pursuant to a recommendation of the commission and which were taken from the regulatory area by vessels other than those of such country in such manner or in such circumstances as would tend to diminish the effectiveness of the conservation recommendations of the commission. In the case of repeated and flagrant fishing operations in the regulatory area by the vessels of any country which seriously threaten the achievement of the objectives of the commission's recommendations, the Secretary of the Interior, with the concurrence of the Secretary of State, may, in his discretion, also prohibit the entry from such country of such other species of tuna, in any form, as may be under investigation by the commission and which were taken in the regulatory area. The aforesaid prohibitions shall continue until the Secretary of the Interior is satisfied that the condition warranting the prohibition no longer exists, except that all fish in any form of the species under regulation which were previously prohibited from entry shall continue to be prohibited from entry.

5SEC. 8. VIOLATIONS; FINES AND FORFEITURES; APPLICATION OF RELATED LAWS.

[16 U.S.C. 957]

5(a) It shall be unlawful for any master or other person in charge of a fishing vessel of the United States to engage in fishing in violation of any regulation adopted pursuant to section 6(c) of this Act, or for any person knowingly to ship, transport, purchase, sell, offer for sale, import, export, or have in custody, possession, or control any fish taken or retained in violation of such regulations or for any person to make or submit any false record, account, or label for, or any false identification of, any fish or fish product which has been, or is intended to be imported, exported, transported, sold, offered for sale, purchased, or received in interstate or foreign commerce.

5(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.

5(c) It shall be unlawful for any person to import, in violation of any regulation adopted pursuant to section 6(c) of this Act, from any country, any fish in any form of those species subject to regulation pursuant to a recommendation of the commission, or any tuna in any form not under regulation, but under investigation by the commission, during the period such fish have been denied entry in accordance with the provisions of section 6(c) of this Act. In the case of any fish as described in this subsection offered for entry into the United States, the Secretary of the Interior shall require proof satisfactory to him that such fish is not ineligible for such entry under the terms of section 6(c) of this Act.

5(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.

5(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.

5(f) Any person violating any provision of subsection (c) of this section shall be fined not more than $100,000.

5(g) All fish taken or retained in violation of subsection (a) of this section, or the monetary value thereof, may be forfeited.

5(h) All provisions of law relating to the seizure, judicial forfeiture, and condemnation of a cargo for violation of the customs laws, the disposition of such cargo or the proceeds from the sale thereof, and the remission or mitigation of such forfeitures shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this Act, insofar as such provisions of law are applicable and not inconsistent with the provisions of this Act.

SEC. 8. PROHIBITED ACTS.

It is unlawful for any person--

(1) to violate any provision of this chapter or any regulation or permit issued pursuant to this Act;

(2) to use any fishing vessel to engage in fishing after the revocation, or during the period of suspension, of an applicable permit issued pursuant to this Act;

(3) to refuse to permit any officer authorized to enforce the provisions of this Act (as provided for in section 10) to board a fishing vessel subject to such person's control for the purposes of conducting any search, investigation or inspection in connection with the enforcement of this Act or any regulation, permit, or the Convention;

(4) to forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with any such authorized officer in the conduct of any search, investigations or inspection in connection with the enforcement of this Act or any regulation, permit, or the Convention;

(5) to resist a lawful arrest for any act prohibited by this Act;

(6) to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any fish taken or retained in violation of this Act or any regulation, permit, or agreement referred to in paragraph (1) or (2);

(7) to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that such other person has committed any act prohibited by this section;

(8) to knowingly and willfully submit to the Secretary false information regarding any matter that the Secretary is considering in the course of carrying out this Act;

(9) to forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with any observer on a vessel under this Act, or any data collector employed by the National Marine Fisheries Service or under contract to any person to carry out responsibilities under this Act;

(10) to engage in fishing in violation of any regulation adopted pursuant to section 6(c) of this Act;

(11) to ship, transport, purchase, sell, offer for sale, import, export, or have in custody, possession, or control any fish taken or retained in violation of such regulations;

(12) to fail to make, keep, or furnish any catch returns, statistical records, or other reports as are required by regulations adopted pursuant to this Act to be made, kept, or furnished;

(13) to fail to stop a vessel upon being hailed and instructed to stop by a duly authorized official of the United States;

(14) to import, in violation of any regulation adopted pursuant to section 6(c) of this Act, any fish in any form of those species subject to regulation pursuant to a recommendation, resolution, or decision of the Commission, or any tuna in any form not under regulation but under investigation by the Commission, during the period such fish have been denied entry in accordance with the provisions of section 6(c) of this Act, unless such person provides such proof as the Secretary of Commerce may require that a fish described in this paragraph offered for entry into the United States is not ineligible for such entry under the terms of section 6(c) of this Act.

5SEC. 10. ENFORCEMENT.

[16 U.S.C. 959]

5(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.

5(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.

5(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.

5(d) ARRESTS- Such person so authorized shall have the power--

5(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;

5(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.

5(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.

5(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.6

SEC. 10. ENFORCEMENT.

This Act shall be enforced under section 101 of the International Fisheries Stewardship and Enforcement Act.

SEC. 15. REDUCTION OF BYCATCH IN THE EASTERN TROPICAL PACIFIC OCEAN.

[16 U.S.C. 962]

The Secretary of State, in consultation with the Secretary of Commerce and acting through the United States Commissioners, shall seek, in cooperation with other nations whose 5vessel6 vessels fish for tuna in the eastern tropical Pacific Ocean, to establish standards and measures for a bycatch reduction program for vessels fishing for yellowfin tuna in the eastern tropical Pacific Ocean. The bycatch reduction program shall include measures--

(1) to require, to the maximum extent practicable, that sea turtles and other threatened species and endangered species are released alive;

(2) to reduce, to the maximum extent practicable, the harvest of nontarget species;

(3) to reduce, to the maximum extent practicable, the mortality of nontarget species; and

(4) to reduce, to the maximum extent practicable, the mortality of juveniles of the target species.

ATLANTIC TUNAS CONVENTION ACT OF 1975

SEC. 6. ADMINISTRATION.

[16 U.S.C. 971d]

(a) REGULATIONS; COOPERATION WITH OTHER PARTIES TO CONVENTION; UTILIZATION OF PERSONNEL, SERVICES, AND FACILITIES FOR ENFORCEMENT- The Secretary is authorized and directed to administer and enforce all of the provisions of the Convention, this Act, and regulations issued pursuant thereto, except to the extent otherwise provided for in this Act. In carrying out such functions the Secretary is authorized and directed to adopt such regulations as may be necessary to carry out the purposes and objectives of the Convention and this Act, and with the concurrence of the Secretary of State, he may cooperate with the duly authorized officials of the government of any party to the Convention. In addition, the Secretary may utilize, with the concurrence of the Secretary of the department in which the Coast Guard is operating insofar as such utilization involves enforcement at sea, with or without reimbursement and by agreement with any other Federal department or agency, or with any agency of any State, the personnel, services, and facilities of that agency for enforcement purposes with respect to any vessel in the exclusive economic zone, or wherever found, with respect to any vessel documented under the laws of the United States, and any vessel numbered or otherwise licensed under the laws of any State. When so utilized, such personnel of the States of the United States are authorized to function as Federal law enforcement agents for these purposes, but they shall not be held and considered as employees of the United States for the purposes of any laws administered by the Civil Service Commission.

(b) PRIMARY ENFORCEMENT RESPONSIBILITY- Enforcement activities at sea under the provisions of this Act for fishing vessels subject to the jurisdiction of the United States shall be primarily the responsibility of the Secretary of the department in which the Coast Guard is operating, in cooperation with the Secretary and the United States Customs Service. The Secretary after consultation with the Secretary of the department in which the Coast Guard is operating, shall adopt such regulations as may be necessary to provide for procedures and methods of enforcement pursuant to article IX of the Convention.

(c) REGULATIONS AND OTHER MEASURES TO CARRY OUT COMMISSION RECOMMENDATIONS-

(1)(A) Upon favorable action by the Secretary of State under section 5(a) of this Act on any recommendation of the Commission made pursuant to article VIII of the Convention, the Secretary shall promulgate, pursuant to this subsection, such regulations as may be necessary and appropriate to carry out such recommendation.

(B) Not later than June 30, 1991, the Secretary shall promulgate any additional regulations necessary to ensure that the United States is in full compliance with all recommendations made by the Commission that have been accepted by the United States and with other agreements under the Convention between the United States and any nation which is a party to the Convention.

(C) Regulations promulgated under this paragraph shall, to the extent practicable, be consistent with fishery management plans prepared and implemented under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).

(2)(A) To promulgate regulations referred to in paragraph (1) of this subsection, the Secretary shall publish in the Federal Register a general notice of proposed rulemaking and shall afford interested persons an opportunity to participate in the rulemaking through 5(A) submission6 the presentation of written data, views, or 5arguments, and (B) oral presentation at a public hearing. Such6 written or oral statements at a public hearing. After consideration of such presentations, the regulations shall be published in the Federal Register and shall be accompanied by a statement of the considerations involved in the issuance of the regulations, and by a statement, based on inquiries and investigations, assessing the nature and effectiveness of the measures for the implementation of the Commission's recommendations which are being or will be carried out by countries whose vessels engage in fishing the species subject to such recommendations within the waters to which the Convention applies. After publication in the Federal Register, such regulations shall be applicable to all vessels and persons subject to the jurisdiction of the United States on such date as the Secretary shall prescribe. The Secretary shall suspend at any time the application of any such regulation when, after consultation with the Secretary of State and the United States Commissioners, he determines that fishing operations in the Convention area of a contracting party for whom the regulations are effective are such as to constitute a serious threat to the achievement of the Commission's recommendations.

(B) The Secretary may issue final regulations to implement Commission recommendations referred to in paragraph (1) of this subsection concerning trade restrictive measures against nations or fishing entities without regard to the requirements of subparagraph (A) of this paragraph and subsections (b) and (c) of section 553 of title 5, United States Code.

(3) The regulations required to be promulgated under paragraph (1) of this subsection may--

(A) select for regulation one or more of the species covered by the Convention;

(B) divide the Convention waters into areas;

(C) establish one or more open or closed seasons as to each such area;

(D) limit the size of the fish and quantity of the catch which may be taken from each area within any season during which fishing is allowed;

(E) limit or prohibit the incidental catch of a regulated species which may be retained, taken, possessed, or landed by vessels or persons fishing for other species of fish;

(F) require records of operations to be kept by any master or other person in charge of any fishing vessel;

(G) require such clearance certificates for vessels as may be necessary to carry out the purposes of the Convention and this Act;

(H) require proof satisfactory to the Secretary that any fish subject to regulation pursuant to a recommendation of the Commission offered for entry into the United States has not been taken or retained contrary to the recommendations of the Commission made pursuant to article VIII of the Convention which have been adopted as regulations pursuant to this section;

(I) require any commercial or recreational fisherman to obtain a permit from the Secretary and report the quantity of the catch of a regulated species;

(J) require that observers be carried aboard fishing vessels for the purpose of providing statistically reliable scientific data; and

(K) impose such other requirements and provide for such other measures as the Secretary may determine necessary to implement any recommendation of the Convention or to obtain scientific data necessary to accomplish the purpose of the Convention;

except that no regulation promulgated under this section may have the effect of increasing or decreasing any allocation or quota of fish or fishing mortality level to the United States agreed to pursuant to a recommendation of the Commission.

(4) Upon the promulgation of regulations provided for in paragraph (3) of this subsection, the Secretary shall promulgate, with the concurrence of the Secretary of State and pursuant to the procedures prescribed in paragraph (2) of this subsection, additional regulations which shall become effective simultaneously with the application of the regulations provided for in paragraph (3) of this subsection, which prohibit--

(A) the entry into the United States of fish in any form of those species which are subject to regulation pursuant to a recommendation of the Commission and which were taken from the Convention area in such manner or in such circumstances as would tend to diminish the effectiveness of the conservation recommendations of the Commission; and

(B) the entry into the United States, from any country when the vessels of such country are being used in the conduct of fishing operations in the Convention area in such manner or in such circumstances as would tend to diminish the effectiveness of the conservation recommendations of the Commission, of fish in any form of those species which are subject to regulation pursuant to a recommendation of the Commission and which were taken from the Convention area.

(5) In the case of repeated and flagrant fishing operations in the Convention area by the vessels of any country which seriously threaten the achievement of the objectives of the Commission's recommendations, the Secretary with the concurrence of the Secretary of State, may by regulations promulgated pursuant to paragraph (2) of this subsection prohibit the entry in any form from such country of other species covered by the Convention as may be under investigation by the Commission and which were taken in the Convention area. Any such prohibition shall continue until the Secretary is satisfied that the condition warranting the prohibition no longer exists, except that all fish in any form of the species under regulation which were previously prohibited from entry shall continue to be prohibited from entry.

(6) IDENTIFICATION AND NOTIFICATION-

(A) Not later than July 1, 1996, and annually thereafter, the Secretary, in consultation with the Secretary of State, the Commissioners, and the advisory committee, shall--

(i) identify those nations whose fishing vessels are fishing, or have fished during the preceding calendar year, within the convention area in a manner or under circumstances that diminish the effectiveness of a conservation recommendation;

(ii) notify the President and the nation so identified, including an explanation of the reasons therefor; and

(iii) publish a list of those Nations identified under clause (i).

(B) In identifying those Nations, the Secretary shall consider, based on the best available information, whether those Nations have measures in place for reporting, monitoring, and enforcement, and whether those measures diminish the effectiveness of any conservation recommendation.

(7) CONSULTATION- Not later than 30 days after a Nation is notified under paragraph (6), the President may enter into consultations with the Government of that Nation for the purpose of obtaining an agreement that will--

(A) effect the immediate termination and prevent the resumption of any fishing operation by vessels of that Nation within the Convention area which is conducted in a manner or under circumstances that diminish the effectiveness of the conservation recommendation;

(B) when practicable, require actions by that Nation, or vessels of that Nation, to mitigate the negative impacts of fishing operations on the effectiveness of the conservation recommendation involved, including but not limited to, the imposition of subsequent-year deductions for quota overages; and

(C) result in the establishment, if necessary, by such Nation of reporting, monitoring, and enforcement measures that are adequate to ensure the effectiveness of conservation recommendations.

(d) COMMISSION RECOMMENDATIONS CONCERNING LARGE-SCALE DRIFTNET FISHING AND CONSERVATION OF ATLANTIC AWORDFISH-

(1) It is the sense of the Congress that the Secretary, in consultation with the Secretary of State, should seek support for a recommendation by the Commission to ban large-scale driftnet fishing (as that term is defined in section 3(16) of the Magnuson-Stevens Fishery Conservation and Management Act) in the Convention area.

(2) The Secretary, in consultation with the Secretary of State, shall request the Commission to adopt recommendations necessary for the conservation and management of Atlantic swordfish. In making the request, the Secretary shall seek the establishment of an international minimum harvest size and a reduction in harvest levels to the extent necessary to conserve the stock. Until the Commission adopts all the conservation and management measures requested by the Secretary, the Secretary, within 3 months after each annual meeting of the Commission, shall notify Congress as to the nature and results of his request. These notifications shall identify those nations not acting to conserve and manage Atlantic swordfish, and recommend measures which could be taken to achieve effective international conservation and management of the stock.

SEC. 7. VIOLATIONS; FINES AND FORFEITURES; RELATED LAWS.

[16 U.S.C. 971e]

(a) IN GENERAL- It shall be unlawful--

(1) for any person in charge of a fishing vessel or any fishing vessel subject to the jurisdiction of the United States to engage in fishing in violation of any regulation adopted pursuant to section 6 of this Act; or

(2) for any person subject to the jurisdiction of the United States to ship, transport, purchase, sell, offer for sale, import, export, or have in custody, possession, or control any fish which he knows, or should have known, were taken or retained contrary to the recommendations of the Commission made pursuant to article VIII of the Convention and adopted as regulations pursuant to section 6 of this Act, without regard to the citizenship of the person or vessel which took the fish.

(b) FAILURE TO FURNISH RETURNS, RECORDS, OR REPORTS- It shall be unlawful for the master or any person in charge of any fishing vessel subject to the jurisdiction of the United States to fail to make, keep, or furnish any catch returns, statistical records, or other reports as are required by regulations adopted pursuant to this Act to be made, kept, or furnished by such master or person.

(c) REFUSAL OF REQUEST TO BOARD AND INSPECT VESSEL- It shall be unlawful for the master or any person in charge of any fishing vessel subject to the jurisdiction of the United States to refuse to permit any person authorized to enforce the provisions of this Act and any regulations adopted pursuant thereto, to board such vessel and inspect its catch, equipment, books, documents, records, or other articles or question the persons onboard in accordance with the provisions of this Act, or the Convention, as the case may be, or to obstruct such officials in the execution of such duties.

(d) IMPORTATION OF INELIGIBLE SPECIES OR SPECIES UNDER INVESTIGATION- It shall be unlawful for any person to import, in violation of any regulation adopted pursuant to section 6(c) or (d) of this Act, from any country, any fish in any form of those species subject to regulation pursuant to a recommendation of the Commission, or any fish in any form not under regulation but under investigation by the Commission, during the period such fish have been denied entry in accordance with the provisions of section 6(c) or (d) of this Act. In the case of any fish as described in this subsection offered for entry in the United States, the Secretary shall require proof satisfactory to him that such fish is not ineligible for such entry under the terms of section 6(c) or (d) of this Act.

5(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.

5(f) FORFEITURE- All fish taken or retained in violation of subsection (a) of this section, or the monetary value thereof, may be forfeited.6

(e) MISLABELING- It shall be unlawful for any person to make or submit any false record, account, or label for, or any false identification of, any fish or fish product which has been, or is intended to be, imported, exported, transported, sold, offered for sale, purchased or received in interstate or foreign commerce.

5(g)6 (f) APPLICABILITY OF OTHER LAWS- All provisions of law relating to the seizure, judicial forfeiture, and condemnation of a cargo for violation of the customs laws, the disposition of such cargo or the proceeds from the sale thereof, and the remission or mitigation of such forfeitures shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this Act, insofar as such provisions of law are applicable and not inconsistent with the provisions of this Act.

SEC. 8. ENFORCEMENT.

[16 U.S.C. 971f]

5(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--

5(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;

5(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;

5(3) execute any warrant or other process issued by an officer or court of competent jurisdiction; and

5(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.6

5(b) INTERNATIONAL ENFORCEMENT- 6This Act shall be enforced under section 101 of the International Fisheries Stewardship and Enforcement Act. To the extent authorized under the convention or by agreements between the United States and any contracting party concluded pursuant to section 5(b) of this Act for international enforcement, the duly authorized officials of such party 5shall have the authority to carry out the enforcement activities specified in section 8(a) of this Act6 shall enforce this Act with respect to persons or vessels subject to the jurisdiction of the United States, and the officials of the United States authorized pursuant to this section 5shall have the authority to carry out the enforcement activities specified in section 8(a) of this Act6 shall enforce this Act with respect to persons or vessels subject to the jurisdiction of such party, except that where any agreement provides for arrest or seizure of persons or vessels under United States jurisdiction it shall also provide that the person or vessel arrested or seized shall be promptly handed over to a United States enforcement officer or another authorized United States official.

5(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.6

5SEC. 11. ANNUAL REPORT.

[16 U.S.C. 971j]

5Not 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--

5(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;

5(2) identifies those fishing Nations whose harvests are inconsistent with conservation and management recommendations of the Commission;

5(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

5(4) describes actions taken by the Secretary under section 6.6

5EASTERN PACIFIC TUNA LICENSING ACT OF 1984

5SECTION 1. SHORT TITLE.

5This Act may be cited as the `Eastern Pacific Tuna Licensing Act of 1984'.

5SEC. 2. DEFINITIONS.

[16 U.S.C. 972]

5As used in this Act--

5(1) The term `Agreement' means the Eastern Pacific Ocean Tuna Fishing Agreement, signed in San Jose, Coast Rica, March 15, 1983.

5(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 a