Text: H.R.774 — 114th Congress (2015-2016)All Bill Information (Except Text)

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Public Law No: 114-81 (11/05/2015)

 
[114th Congress Public Law 81]
[From the U.S. Government Publishing Office]



[[Page 129 STAT. 649]]

Public Law 114-81
114th Congress

                                 An Act


 
 To strengthen enforcement mechanisms to stop illegal, unreported, and 
   unregulated fishing, to amend the Tuna Conventions Act of 1950 to 
 implement the Antigua Convention, and for other purposes. <<NOTE: Nov. 
                        5, 2015 -  [H.R. 774]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Illegal, 
Unreported, and Unregulated Fishing Enforcement Act of 2015. 16 USC 1801 
note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Illegal, Unreported, and Unregulated 
Fishing Enforcement Act of 2015''.
SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

         TITLE I--STRENGTHENING FISHERIES ENFORCEMENT MECHANISMS

Sec. 101. Amendments to the High Seas Driftnet Fishing Moratorium 
           Protection Act.
Sec. 102. Amendments to the High Seas Driftnet Fisheries Enforcement 
           Act.
Sec. 103. Amendments to North Pacific Anadromous Stocks Act of 1992.
Sec. 104. Amendments to the Pacific Salmon Treaty Act of 1985.
Sec. 105. Amendments to the Western and Central Pacific Fisheries 
           Convention Implementation Act.
Sec. 106. Amendments to the Antarctic Marine Living Resources Convention 
           Act.
Sec. 107. Amendments to the Atlantic Tunas Convention Act.
Sec. 108. Amendments to the High Seas Fishing Compliance Act of 1965.
Sec. 109. Amendments to the Dolphin Protection Consumer Information Act.
Sec. 110. Amendments to the Northern Pacific Halibut Act of 1982.
Sec. 111. Amendments to the Northwest Atlantic Fisheries Convention Act 
           of 1995.
Sec. 112. Amendment to the Magnuson-Stevens Fishery Conservation and 
           Management Act.

           TITLE II--IMPLEMENTATION OF THE ANTIGUA CONVENTION

Sec. 201. Short title.
Sec. 202. Amendment of the Tuna Conventions Act of 1950.
Sec. 203. Definitions.
Sec. 204. Commissioners; number, appointment, and qualifications.
Sec. 205. General Advisory Committee and Scientific Advisory 
           Subcommittee.
Sec. 206. Rulemaking.
Sec. 207. Prohibited acts.
Sec. 208. Enforcement.
Sec. 209. Reduction of bycatch.
Sec. 210. Repeal of Eastern Pacific Tuna Licensing Act of 1984.

   TITLE III--AGREEMENT ON PORT STATE MEASURES TO PREVENT, DETER AND 
          ELIMINATE ILLEGAL, UNREPORTED AND UNREGULATED FISHING

Sec. 301. Short title.
Sec. 302. Purpose.
Sec. 303. Definitions.
Sec. 304. Duties and authorities of the Secretary.
Sec. 305. Authorization or denial of port entry.

[[Page 129 STAT. 650]]

Sec. 306. Inspections.
Sec. 307. Prohibited acts.
Sec. 308. Enforcement.
Sec. 309. International cooperation and assistance.
Sec. 310. Relationship to other laws.

         TITLE I--STRENGTHENING FISHERIES ENFORCEMENT MECHANISMS

SEC. 101. AMENDMENTS TO THE HIGH SEAS DRIFTNET FISHING MORATORIUM 
                        PROTECTION ACT.

    (a) Administration and Enforcement.--
            (1) In general.--Section 606 of the High Seas Driftnet 
        Fishing Moratorium Protection Act (16 U.S.C. 1826g) is amended 
        by inserting before the first sentence the following:

    ``(a) In General.--The Secretary and the Secretary of the department 
in which the Coast Guard is operating shall enforce this Act, and the 
Acts to which this section applies, in accordance with this section. 
Each such Secretary may, by agreement, on a reimbursable basis or 
otherwise, utilize the personnel services, equipment (including aircraft 
and vessels), and facilities of any other Federal agency, and of any 
State agency, in the performance of such duties.
    ``(b) Acts to Which Section Applies.--This section applies to--
            ``(1) the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3631 
        et seq.);
            ``(2) the Dolphin Protection Consumer Information Act (16 
        U.S.C. 1385);
            ``(3) the Tuna Conventions Act of 1950 (16 U.S.C. 951 et 
        seq.);
            ``(4) the North Pacific Anadromous Stocks Act of 1992 (16 
        U.S.C. 5001 et seq.);
            ``(5) the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 
        971 et seq.);
            ``(6) the Northwest Atlantic Fisheries Convention Act of 
        1995 (16 U.S.C. 5601 et seq.);
            ``(7) the Western and Central Pacific Fisheries Convention 
        Implementation Act (16 U.S.C. 6901 et seq.); and
            ``(8) the Antigua Convention Implementing Act of 2015.

    ``(c) Administration and Enforcement.--
            ``(1) In general.--The Secretary shall prevent any person 
        from violating this Act, or any Act to which this section 
        applies, in the same manner, by the same means, and with the 
        same jurisdiction, powers, and duties as though sections 308 
        through 311 of the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1858 through 1861) were incorporated 
        into and made a part of and applicable to this Act and each such 
        Act.
            ``(2) International cooperation.--The Secretary may, subject 
        to appropriations and in the course of carrying out the 
        Secretary's responsibilities under the Acts to which this 
        section applies, engage in international cooperation to help 
        other nations combat illegal, unreported, and unregulated 
        fishing and achieve sustainable fisheries.

    ``(d) Special Rules.--

[[Page 129 STAT. 651]]

            ``(1) Additional enforcement authority.--In addition to the 
        powers of officers authorized pursuant to subsection (c), any 
        officer who is authorized by the Secretary, or the head of any 
        Federal or State agency that has entered into an agreement with 
        the Secretary under subsection (a), may enforce the provisions 
        of any Act to which this section applies, with the same 
        jurisdiction, powers, and duties as though section 311 of the 
        Magnuson-Stevens Fishery Conservation and Management Act (16 
        U.S.C. 1861) were incorporated into and made a part of each such 
        Act.
            ``(2) Disclosure of enforcement information.--
                    ``(A) In general.--The Secretary, subject to the 
                data confidentiality provisions in section 402 of the 
                Magnuson-Stevens Fishery Conservation and Management Act 
                (16 U.S.C. 1881a), may disclose, as necessary and 
                appropriate, information, including information 
                collected under joint authority of the Magnuson-Stevens 
                Fishery Conservation and Management Act (16 U.S.C. 1801 
                et seq.) and the Atlantic Tunas Convention Act of 1975 
                (16 U.S.C. 71 et seq.) or the Western and Central 
                Pacific Fisheries Convention Implementation Act (16 
                U.S.C. 6901 et seq.) or other statutes implementing 
                international fishery agreements, to any other Federal 
                or State government agency, the Food and Agriculture 
                Organization of the United Nations, the secretariat or 
                equivalent of an international fishery management 
                organization or arrangement made pursuant to an 
                international fishery agreement, or a foreign 
                government, if--
                          ``(i) such government, organization, or 
                      arrangement has policies and procedures to protect 
                      such information from unintended or unauthorized 
                      disclosure; and
                          ``(ii) such disclosure is necessary--
                                    ``(I) to ensure compliance with any 
                                law or regulation enforced or 
                                administered by the Secretary;
                                    ``(II) to administer or enforce any 
                                international fishery agreement to which 
                                the United States is a party;
                                    ``(III) to administer or enforce a 
                                binding conservation measure adopted by 
                                any international organization or 
                                arrangement to which the United States 
                                is a party;
                                    ``(IV) to assist in any 
                                investigative, judicial, or 
                                administrative enforcement proceeding in 
                                the United States; or
                                    ``(V) to assist in any law 
                                enforcement action undertaken by a law 
                                enforcement agency of a foreign 
                                government, or in relation to a legal 
                                proceeding undertaken by a foreign 
                                government to the extent the enforcement 
                                action is consistent with rules and 
                                regulations of a regional fisheries 
                                management organization (as that term is 
                                defined by the United Nation's Food and 
                                Agriculture Organization Agreement on 
                                Port State Measures to Prevent, Deter 
                                and Eliminate Illegal, Unreported and 
                                Unregulated Fishing) of which the United 
                                States is a member, or the Secretary has

[[Page 129 STAT. 652]]

                                determined that the enforcement action 
                                is consistent with the requirements 
                                under Federal law for enforcement 
                                actions with respect to illegal, 
                                unreported, and unregulated fishing.
                    ``(B) Data confidentiality provisions not 
                applicable.--The data confidentiality provisions of 
                section 402 of the Magnuson-Stevens Fishery Conservation 
                and Management Act (16 U.S.C. 1881a) shall not apply 
                with respect to this Act with respect to--
                          ``(i) any obligation of the United States to 
                      share information under a regional fisheries 
                      management organization (as that term is defined 
                      by the United Nation's Food and Agriculture 
                      Organization Agreement on Port State Measures to 
                      Prevent, Deter and Eliminate Illegal, Unreported 
                      and Unregulated Fishing) of which the United 
                      States is a member; or
                          ``(ii) any information collected by the 
                      Secretary regarding foreign vessels.

    ``(e) Prohibited Acts.--It is unlawful for any person--
            ``(1) to violate any provision of this Act or any regulation 
        or permit issued pursuant to this Act;
            ``(2) to refuse to permit any officer authorized to enforce 
        the provisions of this Act to board, search, or inspect a 
        vessel, subject to such person's control for the purposes of 
        conducting any search, investigation, or inspection in 
        connection with the enforcement of this Act, any regulation 
        promulgated under this Act, or any Act to which this section 
        applies;
            ``(3) to forcibly assault, resist, oppose, impede, 
        intimidate, or interfere with any such authorized officer in the 
        conduct of any search, investigation, or inspection described in 
        paragraph (2);
            ``(4) to resist a lawful arrest for any act prohibited by 
        this section or any Act to which this section applies;
            ``(5) to interfere with, delay, or prevent, by any means, 
        the apprehension, arrest, or detection of another person, 
        knowing that such person has committed any act prohibited by 
        this section or any Act to which this section applies; or
            ``(6) to forcibly assault, resist, oppose, impede, 
        intimidate, sexually harass, bribe, or interfere with--
                    ``(A) any observer on a vessel under this Act or any 
                Act to which this section applies; or
                    ``(B) any data collector employed by the National 
                Marine Fisheries Service or under contract to any person 
                to carry out responsibilities under this Act or any Act 
                to which this section applies.

    ``(f) Civil Penalty.--Any person who commits any act that is 
unlawful under subsection (e) shall be liable to the United States for a 
civil penalty, and may be subject to a permit sanction, under section 
308 of the Magnuson-Stevens Fishery Conservation and Management Act (16 
U.S.C. 1858).
    ``(g) Criminal Penalty.--Any person who commits an act that is 
unlawful under subsection (e)(2), (e)(3), (e)(4), (e)(5), or (e)(6) is 
deemed to be guilty of an offense punishable under section 309(b) of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1859(b)).
    ``(h) Utilization of Federal Agency Assets.--''.

[[Page 129 STAT. 653]]

            (2) Conforming amendment.--Section 308(a) of the Antarctic 
        Marine Living Resources Convention Act of 1984 (16 U.S.C. 
        2437(a)) is amended to read as follows:

    ``(a) <<NOTE: Penalty.>>  In General.--Any person who commits an act 
that is unlawful under section 306 shall be liable to the United States 
for a civil penalty, and may be subject to a permit sanction, under 
section 308 of the Magnuson-Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1858).''.

    (b) Actions To Improve the Effectiveness of International Fishery 
Management Organizations.--Section 608 of such Act (16 U.S.C. 1826i) is 
amended by--
            (1) inserting before the first sentence the following: ``(a) 
        In General.--'';
            (2) in subsection (a) (as designated by paragraph (1) of 
        this subsection) in the first sentence, inserting ``, or 
        arrangements made pursuant to an international fishery 
        agreement,'' after ``organizations''; and
            (3) adding at the end the following new subsections:

    ``(b) Disclosure of Information.--
            ``(1) In general.--The Secretary, subject to the data 
        confidentiality provisions in section 402 of the Magnuson-
        Stevens Fishery Conservation and Management Act (16 U.S.C. 
        1881a) except as provided in paragraph (2), may disclose, as 
        necessary and appropriate, information, including information 
        collected under joint authority of the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1801 et seq.) and the 
        Atlantic Tunas Convention Act of 1975 (16 U.S.C. 71 et seq.), 
        the Western and Central Pacific Fisheries Convention 
        Implementation Act (16 U.S.C. 6901 et seq.), any other statute 
        implementing an international fishery agreement, to any other 
        Federal or State government agency, the Food and Agriculture 
        Organization of the United Nations, or the secretariat or 
        equivalent of an international fishery management organization 
        or arrangement made pursuant to an international fishery 
        agreement, if such government, organization, or arrangement, 
        respectively, has policies and procedures to protect such 
        information from unintended or unauthorized disclosure.
            ``(2) Exceptions.--The data confidentiality provisions in 
        section 402 of the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1881a) shall not apply with respect to 
        this Act--
                    ``(A) for obligations of the United States to share 
                information under a regional fisheries management 
                organization (as that term is defined by the United 
                Nation's Food and Agriculture Organization Agreement on 
                Port State Measures to Prevent, Deter and Eliminate 
                Illegal, Unreported and Unregulated Fishing) of which 
                the United States is a member; or
                    ``(B) to any information collected by the Secretary 
                regarding foreign vessels.

    ``(c) IUU Vessel Lists.--The Secretary may--
            ``(1) <<NOTE: Public information.>>  develop, maintain, and 
        make public a list of vessels and vessel owners engaged in 
        illegal, unreported, or unregulated fishing or fishing-related 
        activities in support of illegal, unreported, or unregulated 
        fishing, including vessels or vessel owners identified by an 
        international fishery management

[[Page 129 STAT. 654]]

        organization or arrangement made pursuant to an international 
        fishery agreement, that--
                    ``(A) the United States is party to; or
                    ``(B) the United States is not party to, but whose 
                procedures and criteria in developing and maintaining a 
                list of such vessels and vessel owners are substantially 
                similar to such procedures and criteria adopted pursuant 
                to an international fishery agreement to which the 
                United States is a party; and
            ``(2) take appropriate action against listed vessels and 
        vessel owners, including action against fish, fish parts, or 
        fish products from such vessels, in accordance with applicable 
        United States law and consistent with applicable international 
        law, including principles, rights, and obligations established 
        in applicable international fishery management agreements and 
        trade agreements.

    ``(d) Regulations.--The Secretary may promulgate regulations to 
implement this section.''.
    (c) Notification Regarding Identification of Nations.--Section 
609(b) of such Act (166 U.S.C. 1826j(b)) is amended to read as follows:
    ``(b) Notification.--The Secretary shall notify the President and 
that nation of such an identification.''.
    (d) Nations Identified Under Section 610.--Section 610(b)(1) of such 
Act (16 U.S.C. 1826k(b)(1)) is amended to read as follows:
            ``(1) <<NOTE: Notification.>>  notify, as soon as possible, 
        the President and nations that have been identified under 
        subsection (a), and also notify other nations whose vessels 
        engage in fishing activities or practices described in 
        subsection (a), about the provisions of this section and this 
        Act;''.

    (e) Effect of Certification Under Section 609.--Section 
609(d)(3)(A)(i) of such Act (16 U.S.C. 1826j(d)(3)(A)(i)) is amended by 
striking ``that has not been certified by the Secretary under this 
subsection, or''.
    (f) Effect of Certification Under Section 610.--Section 610(c)(5) of 
such Act (16 U.S.C. 1826k(c)(5)) is amended by striking ``that has not 
been certified by the Secretary under this subsection, or''.
    (g) Identification of Nations.--
            (1) Scope of identification for actions of fishing 
        vessels.--Section 609(a) of such Act (16 U.S.C. 1826j(a)) is 
        amended--
                    (A) in the matter preceding paragraph (1)--
                          (i) by inserting ``, based on a cumulative 
                      compilation and analysis of data collected and 
                      provided by international fishery management 
                      organizations and other nations and 
                      organizations,'' after ``shall''; and
                          (ii) by striking ``2 years'' and inserting ``3 
                      years'';
                    (B) in paragraph (1), by inserting ``that undermines 
                the effectiveness of measures required by an 
                international fishery management organization, taking 
                into account whether'' after ``(1)''; and
                    (C) in paragraph (1), by striking ``vessels of''.
            (2) Additional grounds for identification.--Section 609(a) 
        of such Act (16 U.S.C. 1826j(a)) is further amended--

[[Page 129 STAT. 655]]

                    (A) by redesignating paragraphs (1) and (2) in order 
                as subparagraphs (A) and (B) (and by moving the margins 
                of such subparagraphs 2 ems to the right);
                    (B) by inserting before the first sentence the 
                following:
            ``(1) Identification for actions of fishing ves-
        sels.--''; and
                    (C) by adding at the end the following:
            ``(2) <<NOTE: Time periods.>>  Identification for actions of 
        nation.--Taking into account the factors described under section 
        609(a)(1), the Secretary shall also identify, and list in such 
        report, a nation--
                    ``(A) if it is violating, or has violated at any 
                point during the preceding 3 years, conservation and 
                management measures required under an international 
                fishery management agreement to which the United States 
                is a party and the violations undermine the 
                effectiveness of such measures; or
                    ``(B) if it is failing, or has failed in the 
                preceding 3-year period, to effectively address or 
                regulate illegal, unreported, or unregulated fishing in 
                areas described under paragraph (1)(B).
            ``(3) Application to other entities.--Where the provisions 
        of this Act are applicable to nations, they shall also be 
        applicable, as appropriate, to other entities that have 
        competency to enter into international fishery management 
        agreements.''.
            (3) Period of fishing practices supporting identification.--
        Section 610(a)(1) of such Act (16 U.S.C. 1826k(a)(1)) is amended 
        by striking ``calendar year'' and inserting ``3 years''.

    (h) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of Commerce $450,000 for each of fiscal 
years 2016 through 2020 to implement the amendments made by subsections 
(b) and (g).
    (i) Technical Corrections.--
            (1) Section 607(2) of such Act (16 U.S.C. 1826h(2)) is 
        amended by striking ``whose vessels'' and inserting ``that''.
            (2) Section 609(d)(1) of such Act (16 U.S.C. 1826j(d)(1)) is 
        amended by striking ``of its fishing vessels''.
            (3) Section 609(d)(1)(A) of such Act (16 U.S.C. 
        1826j(d)(1)(A)) is amended by striking ``of its fishing 
        vessels''.
            (4) Section 609(d)(2) of such Act (16 U.S.C. 1826j(d)(2)) is 
        amended--
                    (A) by striking ``for certification'' and inserting 
                ``to authorize'';
                    (B) by inserting ``the importation'' after ``or 
                other basis'';
                    (C) by striking ``harvesting''; and
                    (D) by striking ``not certified under paragraph 
                (1)'' and inserting ``issued a negative certification 
                under paragraph (1)''.
            (5) Section 610 of such Act (16 U.S.C. 1826k) is amended as 
        follows:
                    (A) In subsection (a)(1), by striking ``practices;'' 
                and inserting ``practices--''.
                    (B) In subsection (c)(4), by striking all preceding 
                subparagraph (B) and inserting the following:
            ``(4) <<NOTE: Exports and imports. Determination.>>  
        Alternative procedure.--The Secretary may establish a procedure 
        to authorize, on a shipment-by-shipment, shipper-by-shipper, or 
        other basis the importation of fish or

[[Page 129 STAT. 656]]

        fish products from a vessel of a nation issued a negative 
        certification under paragraph (1) if the Secretary determines 
        that such imports were harvested by practices that do not result 
        in bycatch of a protected marine species, or were harvested by 
        practices that--
                    ``(A) are comparable to those of the United States, 
                taking into account different conditions; and''.
SEC. 102. AMENDMENTS TO THE HIGH SEAS DRIFTNET FISHERIES 
                        ENFORCEMENT ACT.

    (a) Negative Certification Effects.--Section 101 of the High Seas 
Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a) is amended--
            (1) in subsection (a)(2), by striking ``recognized 
        principles of'' after ``in accordance with'';
            (2) in subsection (a)(2)(A), by inserting ``or, as 
        appropriate, for fishing vessels of a nation that receives a 
        negative certification under section 609(d) or section 610(c) of 
        the High Seas Driftnet Fishing Moratorium Protection Act (16 
        U.S.C. 1826)'' after ``(1)'';
            (3) in subsection (a)(2)(B), by inserting before the period 
        the following: ``, except for the purposes of inspecting such 
        vessel, conducting an investigation, or taking other appropriate 
        enforcement action'';
            (4) in subsection (b)(1)(A)(i), by striking ``or illegal, 
        unreported, or unregulated fishing'' after ``driftnet fishing'';
            (5) in subsection (b)(1)(B) and subsection (b)(2), by 
        striking ``or illegal, unreported, or unregulated fishing'' 
        after ``driftnet fishing'' each place it appears;
            (6) in subsection (b)(3)(A)(i), by inserting ``or a negative 
        certification under section 609(d) or section 610(c) of the High 
        Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
        1826j(d), 1826k(c))'' after ``(1)(A)'';
            (7) in subsection (b)(4)(A), by inserting ``or issues a 
        negative certification under section 609(d) or section 610(c) of 
        the High Seas Driftnet Fishing Moratorium Protection Act (16 
        U.S.C. 1826j(d), 1826k(c))'' after ``paragraph (1)'';
            (8) in subsection (b)(4)(A)(i), by striking ``or illegal, 
        unreported, or unregulated fishing'' after ``driftnet fishing''; 
        and
            (9) in subsection (b)(4)(A)(i), by inserting ``, or to 
        address the offending activities for which a nation received a 
        negative certification under section 609(d) or 610(c) of the 
        High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
        1826j(d), 1826k(c))'' after ``beyond the exclusive economic zone 
        of any nation''.

    (b) Duration of Negative Certification Effects.--Section 102 of such 
Act (16 U.S.C. 1826b) is amended by--
            (1) striking ``or illegal, unreported, or unregulated 
        fishing''; and
            (2) inserting ``or effectively addressed the offending 
        activities for which the nation received a negative 
        certification under 609(d) or 610(c) of the High Seas Driftnet 
        Fishing Moratorium Protection Act (16 U.S.C. 1826j(d), 
        1826k(c))'' before the period at the end.

[[Page 129 STAT. 657]]

SEC. 103. AMENDMENTS TO NORTH PACIFIC ANADROMOUS STOCKS ACT OF 
                        1992.

    (a) Unlawful Activities.--Section 810 of the North Pacific 
Anadromous Stocks Act of 1992 (16 U.S.C. 5009) is amended--
            (1) in paragraph (5), by inserting ``, investigation,'' 
        after ``search''; and
            (2) in paragraph (6), by inserting ``, investigation,'' 
        after ``search''.

    (b) Additional Prohibitions and Enforcement.--Section 811 of the 
Northern Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 5010) is 
amended to read as follows:
``SEC. 811. ADDITIONAL PROHIBITIONS AND ENFORCEMENT.

    ``For additional prohibitions relating to this Act and enforcement 
of this Act, see section 606 of the High Seas Driftnet Fishing 
Moratorium Protection Act (16 U.S.C. 1826g).''.
SEC. 104. AMENDMENTS TO THE PACIFIC SALMON TREATY ACT OF 1985.

    Section 8 of the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3637) 
is amended--
            (1) in subsection (a)(2)--
                    (A) by inserting ``, investigation,'' after 
                ``search''; and
                    (B) by striking ``this title;'' and inserting ``this 
                Act;'';
            (2) in subsection (a)(3)--
                    (A) by inserting ``, investigation,'' after 
                ``search''; and
                    (B) by striking ``subparagraph (2);'' and inserting 
                ``paragraph (2);'';
            (3) in subsection (a)(5), by striking ``this title; or'' and 
        inserting ``this Act;''; and
            (4) by striking subsections (b) through (f) and inserting 
        the following:

    ``(b) Additional Prohibitions and Enforcement.--For additional 
prohibitions relating to this Act and enforcement of this Act, see 
section 606 of the High Seas Driftnet Fishing Moratorium Protection Act 
(16 U.S.C. 1826g).''.
SEC. 105. AMENDMENTS TO THE WESTERN AND CENTRAL PACIFIC FISHERIES 
                        CONVENTION IMPLEMENTATION ACT.

    The Western and Central Pacific Fisheries Convention Implementation 
Act (title V of Public Law 109-479) is amended--
            (1) by amending section 506(c) (16 U.S.C. 6905(c)) to read 
        as follows:

    ``(c) Additional Prohibitions and Enforcement.--For additional 
prohibitions relating to this Act and enforcement of this Act, see 
section 606 of the High Seas Driftnet Fishing Moratorium Protection Act 
(16 U.S.C. 1826g).''; and
            (2) in section 507(a)(2) (16 U.S.C. 6906(a)(2)) by striking 
        ``suspension, on'' and inserting ``suspension, of''.
SEC. 106. AMENDMENTS TO THE ANTARCTIC MARINE LIVING RESOURCES 
                        CONVENTION ACT.

    The Antarctic Marine Living Resources Convention Act of 1984 is 
amended--
            (1) in section 306 (16 U.S.C. 2435)--
                    (A) in paragraph (3), by striking ``which he knows, 
                or reasonably should have known, was'';

[[Page 129 STAT. 658]]

                    (B) in paragraph (4), by inserting ``, 
                investigation,'' after ``search''; and
                    (C) in paragraph (5), by inserting ``, 
                investigation,'' after ``search''; and
            (2) in section 307 (16 U.S.C. 2436)--
                    (A) by inserting ``(a) In General.--'' before the 
                first sentence; and
                    (B) by adding at the end the following:

    ``(b) Regulations To Implement Conservation Measures.--
            ``(1) <<NOTE: Federal Register, 
        publication. Notification. Time period.>>  In general.--
        Notwithstanding subsections (b), (c), and (d) of section 553 of 
        title 5, United States Code, the Secretary of Commerce may 
        publish in the Federal Register a final regulation to implement 
        any conservation measure for which the Secretary of State 
        notifies the Commission under section 305(a)(1)--
                    ``(A) that has been in effect for 12 months or less;
                    ``(B) that is adopted by the Commission; and
                    ``(C) with respect to which the Secretary of State, 
                does not notify Commission in accordance with section 
                305(a)(1) within the time period allotted for objections 
                under Article IX of the Convention.
            ``(2) Entering into force.--Upon publication of such 
        regulation in the Federal Register, such conservation measure 
        shall enter into force with respect to the United States.''.
SEC. 107. AMENDMENTS TO THE ATLANTIC TUNAS CONVENTION ACT.

    The Atlantic Tunas Convention Act of 1975 is amended--
            (1) in section 6(c)(2) (16 U.S.C. 971d(c)(2)(2))--
                    (A) by striking ``(A)'' and inserting ``(i)'';
                    (B) by striking ``(B)'' and inserting ``(ii)'';
                    (C) by inserting ``(A)'' after ``(2)''; and
                    (D) by adding at the end the following:

    ``(B) <<NOTE: Regulations.>>  Notwithstanding the requirements of 
subparagraph (A) and subsections (b) and (c) of section 553 of title 5, 
United States Code, the Secretary may issue final regulations to 
implement Commission recommendations referred to in paragraph (1) 
concerning trade restrictive measures against nations or fishing 
entities.'';
            (2) in section 7 (16 U.S.C. 971e) by striking subsections 
        (e) and (f) and redesignating subsection (g) as subsection (e);
            (3) in section 8 (16 U.S.C. 971f)--
                    (A) by striking subsections (a) and (c); and
                    (B) by inserting before subsection (b) the 
                following:

    ``(a) For additional prohibitions relating to this Act and 
enforcement of this Act, see section 606 of the High Seas Driftnet 
Fishing Moratorium Protection Act (16 U.S.C. 1826g).'';
            (4) in section 8(b) by striking ``the enforcement activities 
        specified in section 8(a) of this Act'' each place it appears 
        and inserting ``enforcement activities with respect to this Act 
        that are otherwise authorized by law''; and
            (5) <<NOTE: 16 USC 971 note, 971k.>>  by striking section 11 
        (16 U.S.C. 971j) and redesignating sections 12 and 13 as 
        sections 11 and 12, respectively.
SEC. 108. AMENDMENTS TO THE HIGH SEAS FISHING COMPLIANCE ACT OF 
                        1965.

    Section 104(f) of the High Seas Fishing Compliance Act of 1995 (16 
U.S.C. 5503(f)) is amended to read as follows:

[[Page 129 STAT. 659]]

    ``(f) <<NOTE: Permits.>>  Validity.--A permit issued under this 
section for a vessel is void if--
            ``(1) any other permit or authorization required for the 
        vessel to fish is expired, revoked, or suspended; or
            ``(2) the vessel is no longer documented under the laws of 
        the United States or eligible for such documentation.''.
SEC. 109. AMENDMENTS TO THE DOLPHIN PROTECTION CONSUMER 
                        INFORMATION ACT.

    The Dolphin Protection Consumer Information Act (16 U.S.C. 1385) is 
amended by amending subsection (e) to read as follows:
    ``(e) Additional Prohibitions and Enforcement.--For additional 
prohibitions relating to this Act and enforcement of this Act, see 
section 606 of the High Seas Driftnet Fishing Moratorium Protection Act 
(16 U.S.C. 1826g).''.
SEC. 110. AMENDMENTS TO THE NORTHERN PACIFIC HALIBUT ACT OF 1982.

    Section 7 of the Northern Pacific Halibut Act of 1982 (16 U.S.C. 
773e) is amended--
            (1) in subsection (a) by redesignating paragraphs (1) 
        through (6) as subparagraphs (A) through (F);
            (2) by redesignating subsections (a) and (b) as paragraphs 
        (1) and (2), respectively;
            (3) in paragraph (1)(B), as so redesignated, by inserting 
        ``, investigation,'' before ``or inspection'';
            (4) in paragraph (1)(C), as so redesignated, by inserting 
        ``, investigation,'' before ``or inspection'';
            (5) in paragraph (1)(E), as so redesignated, by striking 
        ``or'' after the semicolon; and
            (6) in paragraph (1)(F), as so redesignated, by striking 
        ``section.'' and inserting ``section; or''.
SEC. 111. AMENDMENTS TO THE NORTHWEST ATLANTIC FISHERIES 
                        CONVENTION ACT OF 1995.

    Section 207 of the Northwest Atlantic Fisheries Convention Act of 
1995 (16 U.S.C. 5606) is amended--
            (1) in the section heading, by striking ``and penalties'' 
        and inserting ``and enforcement'';
            (2) in subsection (a)(2), by inserting ``, investigation,'' 
        before ``or inspection'';
            (3) in subsection (a)(3), by inserting ``, investigation,'' 
        before ``or inspection''; and
            (4) by striking subsections (b) through (f) and inserting 
        the following:

    ``(b) Additional Prohibitions and Enforcement.--For additional 
prohibitions relating to this Act and enforcement of this Act, see 
section 606 of the High Seas Driftnet Fishing Moratorium Protection Act 
(16 U.S.C. 1826g).''.
SEC. 112. AMENDMENT TO THE MAGNUSON-STEVENS FISHERY CONSERVATION 
                        AND MANAGEMENT ACT.

    Section 307(1)(Q) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1857(1)(Q)) is amended by inserting before the 
semicolon the following: ``or any treaty or in contravention of any 
binding conservation measure adopted by an international agreement or 
organization to which the United States is a party''.

[[Page 129 STAT. 660]]

TITLE II--IMPLEMENTATION <<NOTE: Antigua Convention Implementing Act of 
2015. 16 USC 951 note.>> OF THE ANTIGUA CONVENTION
SEC. 201. SHORT TITLE.

    This title may be cited as the ``Antigua Convention Implementing Act 
of 2015''.
SEC. 202. AMENDMENT OF THE TUNA CONVENTIONS ACT OF 1950.

    Except as otherwise expressly provided, whenever in this title an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Tuna Conventions Act of 
1950 (16 U.S.C. 951 et seq.).
SEC. 203. DEFINITIONS.

    Section 2 (16 U.S.C. 951) is amended to read as follows:
``SEC. 2. DEFINITIONS.

    ``In this Act:
            ``(1) Antigua convention.--The term `Antigua Convention' 
        means the Convention for the Strengthening of the Inter-American 
        Tropical Tuna Commission Established by the 1949 Convention 
        Between the United States of America and the Republic of Costa 
        Rica, signed at Washington, November 14, 2003.
            ``(2) Commission.--The term `Commission' means the Inter-
        American Tropical Tuna Commission provided for by the 
        Convention.
            ``(3) Convention.--The term `Convention' means--
                    ``(A) the Convention for the Establishment of an 
                Inter-American Tropical Tuna Commission, signed at 
                Washington, May 31, 1949, by the United States of 
                America and the Republic of Costa Rica;
                    ``(B) the Antigua Convention, upon its entry into 
                force for the United States, and any amendments thereto 
                that are in force for the United States; or
                    ``(C) both such Conventions, as the context 
                requires.
            ``(4) Person.--The term `person' means an individual, 
        partnership, corporation, or association subject to the 
        jurisdiction of the United States.
            ``(5) United states.--The term `United States' includes all 
        areas under the sovereignty of the United States.
            ``(6) United states commissioners.--The term `United States 
        commissioners' means the individuals appointed in accordance 
        with section 3(a).''.
SEC. 204. COMMISSIONERS; NUMBER, APPOINTMENT, AND QUALIFICATIONS.

    Section 3 (16 U.S.C. 952) is amended to read as follows:
``SEC. 3. COMMISSIONERS.

    ``(a) <<NOTE: President.>>  Commissioners.--The United States shall 
be represented on the Commission by four United States 
Commissioners. <<NOTE: Appointment.>>  The President shall appoint 
individuals to serve on the Commission. <<NOTE: Consultation.>>  The 
United States Commissioners shall be subject to supervision and removal 
by the Secretary of State, in consultation with the Secretary. In making 
the appointments, the President shall select

[[Page 129 STAT. 661]]

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

    ``(c) Administrative Matters.--
            ``(1) Employment status.--Individuals serving as United 
        States Commissioners, other than officers or employees of the 
        United States Government, shall not be considered Federal 
        employees except for the purposes of injury compensation or tort 
        claims liability as provided in chapter 81 of title 5, United 
        States Code, and chapter 171 of title 28, United States Code.
            ``(2) Compensation.--The United States Commissioners or 
        Alternate Commissioners, although officers of the United States 
        while so serving, shall receive no compensation for their 
        services as United States Commissioners or Alternate 
        Commissioners.
            ``(3) Travel expenses.--
                    ``(A) The Secretary of State shall pay the necessary 
                travel expenses of United States Commissioners and 
                Alternate United States Commissioners to meetings of the 
                Inter-American Tropical Tuna Commission and other 
                meetings the Secretary of State deems necessary to 
                fulfill their duties, in accordance with the Federal 
                Travel Regulations and sections 5701, 5702, 5704 through 
                5708, and 5731 of title 5, United States Code.
                    ``(B) The Secretary may reimburse the Secretary of 
                State for amounts expended by the Secretary of State 
                under this subsection.''.
SEC. 205. GENERAL ADVISORY COMMITTEE AND SCIENTIFIC ADVISORY 
                        SUBCOMMITTEE.

    Section 4 (16 U.S.C. 953) is amended--
            (1) by striking subsection (a) and inserting the following:

    ``(a) General Advisory Committee.--
            ``(1) Appointments; public participation; compensation.--
                    ``(A) <<NOTE: Consultation.>>  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

[[Page 129 STAT. 662]]

                the fisheries covered by the Convention, including 
                nongovernmental conservation organizations, providing to 
                the maximum extent practicable an equitable balance 
                among such groups. Members of the General Advisory 
                Committee will be eligible to participate as members of 
                the United States delegation to the Commission and its 
                working groups to the extent the Commission rules and 
                space for delegations allow.
                    ``(B) 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 ex-
                officio 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 delegation and at such meetings shall be 
                given opportunity to examine and to be heard on all 
                proposed programs of investigation, reports, 
                recommendations, and regulations of the Commission.
                    ``(E) <<NOTE: Determination. Procedures. Public 
                information.>>  The General Advisory Committee shall 
                determine its organization, and prescribe its practices 
                and procedures for carrying out its functions under this 
                title, the Magnuson-Stevens Fishery Conservation and 
                Management Act (16 U.S.C. 1801 et seq.), and the 
                Convention. <<NOTE: Publication.>>  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 not be considered Federal 
                      employees except for the purposes of injury 
                      compensation or tort

[[Page 129 STAT. 663]]

                      claims liability as provided in chapter 81 of 
                      title 5, United States Code, and chapter 171 of 
                      title 28, United States Code.'';
            (2) by striking so much of subsection (b) as precedes 
        paragraph (2) and inserting the following:

    ``(b) <<NOTE: Consultation. Appointment.>>  Scientific Advisory 
Subcommittee.--(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.''; and
            (3) in subsection (b)(3), by striking ``General Advisory 
        Subcommittee'' and inserting ``General Advisory Committee''.
SEC. 206. RULEMAKING.

    Section 6 (16 U.S.C. 955) is amended to read as follows:
``SEC. 6. RULEMAKING.

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

    ``(b) Jurisdiction.--The Secretary may promulgate regulations as may 
be necessary to carry out the United States international obligations 
under the Convention and this Act, applicable to all vessels and persons 
subject to the jurisdiction of the United States, including vessels 
documented under chapter 121 of title 46, United States Code, wherever 
they may be operating, on such date as the Secretary shall prescribe.''.
SEC. 207. PROHIBITED ACTS.

    Section 8 (16 U.S.C. 957) is amended--
            (1) by striking ``section 6(c) of this Act'' each place it 
        appears and inserting ``section 6''; and
            (2) by adding at the end the following:

    ``(i) Additional Prohibitions and Enforcement.--For prohibitions 
relating to this Act and enforcement of this Act, see section 606 of the 
High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
1826g).''.
SEC. 208. ENFORCEMENT.

    Section 10 (16 U.S.C. 959) is amended to read as follows:

[[Page 129 STAT. 664]]

``SEC. 10. ENFORCEMENT.

    ``For enforcement of this Act, see section 606 of the High Seas 
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g).''.
SEC. 209. REDUCTION OF BYCATCH.

    Section 15 (16 U.S.C. 962) is amended by striking ``vessel'' and 
inserting ``vessels''.
SEC. 210. REPEAL OF EASTERN PACIFIC TUNA LICENSING ACT OF 1984.

    The Eastern Pacific Tuna Licensing Act of 1984 (16 U.S.C. 972 et 
seq.) is repealed.

  TITLE III--AGREEMENT ON <<NOTE: Port State Measures Agreement Act of 
  2015.>> PORT STATE MEASURES TO PREVENT, DETER AND ELIMINATE ILLEGAL, 
UNREPORTED AND UNREGULATED FISHING
SEC. 301. <<NOTE: 16 USC 7401 note.>>  SHORT TITLE.

    This title may be cited as the ``Port State Measures Agreement Act 
of 2015''.
SEC. 302. <<NOTE: 16 USC 7401.>>  PURPOSE.

    The purpose of this title is to implement the Agreement on Port 
State Measures to Prevent, Deter and Eliminate Illegal, Unreported and 
Unregulated Fishing.
SEC. 303. <<NOTE: 16 USC 7402.>>  DEFINITIONS.

    As used in this title:
            (1) The term ``Agreement'' means the Agreement on Port State 
        Measures to Prevent, Deter and Eliminate Illegal, Unreported and 
        Unregulated Fishing, done at the Food and Agriculture 
        Organization of the United Nations, in Rome, Italy, November 22, 
        2009, and signed by the United States November 22, 2009.
            (2) The term ``IUU fishing'' means any activity set out in 
        paragraph 3 of the 2001 FAO International Plan of Action to 
        Prevent, Deter and Eliminate Illegal, Unreported and Unregulated 
        Fishing.
            (3) The term ``listed IUU vessel'' means a vessel that is 
        included in a list of vessels having engaged in IUU fishing or 
        fishing-related activities in support of IUU fishing that has 
        been adopted by a regional fisheries management organization of 
        which the United States is a member, or a list adopted by a 
        regional fisheries management organization of which the United 
        States is not a member if the Secretary determines the criteria 
        used by that organization to create the IUU list is comparable 
        to criteria adopted by RFMOs of which the United States is a 
        member for identifying IUU vessels and activities.
            (4) The term ``Magnuson-Stevens Act'' means the Magnuson-
        Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 
        et seq.).
            (5) The term ``person'' has the same meaning as that term 
        has in section 3 of the Magnuson-Stevens Act (16 U.S.C. 1802).

[[Page 129 STAT. 665]]

            (6) The terms ``RFMO'' and ``regional fisheries management 
        organization'' mean a regional fisheries management organization 
        (as that term is defined by the United Nation's Food and 
        Agriculture Organization Agreement on Port State Measures to 
        Prevent, Deter and Eliminate Illegal, Unreported and Unregulated 
        Fishing) that is recognized by the United States.
            (7) The term ``Secretary'' means the Secretary of Commerce 
        or his or her designee.
            (8) The term ``vessel'' means any vessel, ship of another 
        type, or boat used for, equipped to be used for, or intended to 
        be used for, fishing or fishing-related activities, including 
        container vessels that are carrying fish that have not been 
        previously landed.
            (9) The term ``fish'' means finfish, mollusks, crustaceans, 
        and all other forms of marine animal and plant life other than 
        marine mammals and birds.
            (10) The term ``fishing''--
                    (A) except as provided in subparagraph (B), means--
                          (i) the catching, taking, or harvesting of 
                      fish;
                          (ii) the attempted catching, taking, or 
                      harvesting of fish;
                          (iii) any other activity which can reasonably 
                      be expected to result in the catching, taking, or 
                      harvesting of fish; or
                          (iv) any operations at sea in support of, or 
                      in preparation for, any activity described in 
                      clauses (i) through (iii); and
                    (B) does not include any scientific research 
                activity that is conducted by a scientific research 
                vessel.
SEC. 304. <<NOTE: 16 USC 7403.>>  DUTIES AND AUTHORITIES OF THE 
                        SECRETARY.

    (a) Regulations.--The Secretary may, as needed, promulgate such 
regulations--
            (1) in accordance with section 553 of title 5, United States 
        Code;
            (2) consistent with provisions of the title; and
            (3) <<NOTE: Consultation.>>  with respect to enforcement 
        measures, in consultation with the Secretary of the department 
        in which the Coast Guard is operating;

as may be necessary to carry out the purposes of this title, to the 
extent that such regulations are not already promulgated.
    (b) <<NOTE: Consultation.>>  Ports of Entry.--The Secretary, in 
consultation with the Secretary of the department in which the Coast 
Guard is operating, may designate and publicize the ports to which 
vessels may seek entry. No port may be designated under this section 
that has not also been designated as a port of entry for customs 
reporting purposes pursuant to section 1433 of title 19, United States 
Code, or that is not specified under an existing international fisheries 
agreement.

    (c) Notification.--The Secretary shall provide notification of the 
denial of port entry or the use of port services for a vessel under 
section 305, the withdrawal of the denial of port services for a foreign 
vessel, the taking of enforcement action pursuant to section 306 with 
respect to a foreign vessel, or the results of any inspection of a 
foreign vessel conducted pursuant to this title to the flag nation of 
the vessel and, as appropriate, to the nation of which the vessel's 
master is a national, relevant coastal

[[Page 129 STAT. 666]]

nations, RFMOs, the Food and Agriculture Organization of the United 
Nations, and other relevant international organizations.
    (d) Confirmation That Fish Were Taken in Accordance With 
Conservation and Management Measures.--The Secretary may request 
confirmation from the flag state of a foreign vessel that the fish on 
board a foreign vessel in a port subject to the jurisdiction of the 
United States were taken in accordance with applicable RFMO conservation 
and management measures.
SEC. 305. <<NOTE: 16 USC 7404.>>  AUTHORIZATION OR DENIAL OF PORT 
                        ENTRY.

    (a) Submission of Information Required Under Agreement.--
            (1) In general.--A vessel described in paragraph (2) seeking 
        entry to a port that is subject to the jurisdiction of the 
        United States must submit to the Secretary of the department in 
        which the Coast Guard is operating information as required under 
        the Agreement in advance of its arrival in port. The Secretary 
        of the department in which the Coast Guard is operating shall 
        provide that information to the Secretary.
            (2) Covered vessels.--A vessel referred to in paragraph (1) 
        is any vessel that--
                    (A) is not documented under chapter 121 of title 46, 
                United States Code; and
                    (B) is not numbered under chapter 123 of that title.

    (b) Decision To Authorize or Deny Port Entry.--
            (1) Decision.--The Secretary shall decide, based on the 
        information submitted under subsection (a), whether to authorize 
        or deny port entry by the vessel, and shall communicate such 
        decision to--
                    (A) the Secretary of the department in which the 
                Coast Guard is operating; and
                    (B) the vessel or its representative.
            (2) Authorization or denial of entry.--The Secretary of the 
        department in which the Coast Guard is operating shall authorize 
        or deny entry to vessels to which such a decision applies.
            (3) Vessels to which entry may be denied.--The Secretary of 
        the department in which the Coast Guard is operating may deny 
        entry to any vessel to which such a decision applies--
                    (A) that is described in subsection (a)(2); and
                    (B) that--
                          (i) is a listed IUU vessel; or
                          (ii) the Secretary of Commerce has reasonable 
                      grounds to believe--
                                    (I) has engaged in IUU fishing or 
                                fishing-related activities in support of 
                                such fishing; or
                                    (II) has violated this title.

    (c) Denial of Use of Port.--If a vessel described in subsection 
(a)(2) is in a port that is subject to the jurisdiction of the United 
States, the Secretary of the department in which the Coast Guard is 
operating, at the request of the Secretary, shall deny such vessel the 
use of the port for landing, transshipment, packaging and processing of 
fish, refueling, resupplying, maintenance, and drydocking, if--
            (1) the vessel entered without authorization under 
        subsection (b);

[[Page 129 STAT. 667]]

            (2) the vessel is a listed IUU vessel;
            (3) the vessel is not documented under the laws of another 
        nation;
            (4) the flag nation of the vessel has failed to provide 
        confirmation requested by the Secretary that the fish on board 
        were taken in accordance with applicable RFMO conservation and 
        management measures; or
            (5) the Secretary has reasonable grounds to believe--
                    (A) the vessel lacks valid authorizations to engage 
                in fishing or fishing-related activities as required by 
                its flag nation or the relevant coastal nation;
                    (B) the fish on board were taken in violation of 
                foreign law or in contravention of any RFMO conservation 
                and management measure; or
                    (C) the vessel has engaged in IUU fishing or 
                fishing-related activities in support of such fishing, 
                including in support of a listed IUU vessel, unless it 
                can establish that--
                          (i) it was acting in a manner consistent with 
                      applicable RFMO conservation and management 
                      measures; or
                          (ii) in the case of the provision of 
                      personnel, fuel, gear, and other supplies at sea, 
                      the vessel provisioned was not, at the time of 
                      provisioning, a listed IUU vessel.

    (d) Exceptions.--Notwithstanding subsections (b) and (c), the 
Secretary of the department in which the Coast Guard is operating may 
allow port entry or the use of port services--
            (1) if they are essential to the safety or health of the 
        crew or safety of the vessel;
            (2) to allow, where appropriate, for the scrapping of the 
        vessel; or
            (3) pursuant to an inspection or other enforcement action.
SEC. 306. <<NOTE: 16 USC 7405.>>  INSPECTIONS.

    The Secretary, and the Secretary of the department in which the 
Coast Guard is operating, shall conduct foreign vessel inspections in 
ports subject to the jurisdiction of the United States as necessary to 
achieve the purposes of the Agreement and this title. If, following an 
inspection, the Secretary has reasonable grounds to believe that a 
foreign vessel has engaged in IUU fishing or fishing-related activities 
in support of such fishing, the Secretary may take enforcement action 
under this title or other applicable law, and shall deny the vessel the 
use of port services, in accordance with section 305.
SEC. 307. <<NOTE: 16 USC 7406.>>  PROHIBITED ACTS.

    It is unlawful for any person subject to the jurisdiction of the 
United States--
            (1) to violate any provision of this title or the 
        regulations issued under this title;
            (2) to refuse to permit any authorized officer to board, 
        search, or inspect a vessel that is subject to the person's 
        control in connection with the enforcement of this title or the 
        regulations issued under this title;
            (3) to submit false information pursuant to any requirement 
        under this title or the regulations issued under this title; or

[[Page 129 STAT. 668]]

            (4) to commit any offense enumerated in paragraph (4), (5), 
        (7), or (9) of section 707(a) of the Western and Central Pacific 
        Fisheries Convention Implementation Act (16 U.S.C. 6906(a)).
SEC. 308. <<NOTE: 16 USC 7407.>>  ENFORCEMENT.

    (a) Existing Authorities and Responsibilities.--
            (1) <<NOTE: Applicability.>>  Authorities and 
        responsibilities.--The authorities and responsibilities under 
        subsections (a), (b), and (c) of section 311 and subsection (f) 
        of section 308 of the Magnuson-Stevens Act (16 U.S.C. 1861, 
        1858) and paragraphs (2), (3), and (7) of section 310(b) of the 
        Antarctic Marine Living Resources Convention Act of 1984 (16 
        U.S.C. 2439(b)) shall apply with respect to enforcement of this 
        title.
            (2) Included vessels.--For purposes of enforcing this title, 
        any reference in such paragraphs and subsections to a ``vessel'' 
        or ``fishing vessel'' includes all vessels as defined in section 
        303(8) of this title.
            (3) Application of other provisions.--Such paragraphs and 
        subsections apply to violations of this title and any 
        regulations promulgated under this title.

    (b) Civil Enforcement.--
            (1) Civil administrative penalties.--
                    (A) In general.--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 under section 
                307 shall be liable to the United States for a civil 
                penalty. The amount of the civil penalty shall be 
                consistent with the amount under section 308(a) of the 
                Magnuson-Stevens Act (16 U.S.C. 1858(a)).
                    (B) Compromise or other action by secretary.--The 
                Secretary shall have the same authority as provided in 
                section 308(e) of the Magnuson-Stevens Act (16 U.S.C. 
                1858(e)) with respect to a violation of this Act.
            (2) In rem jurisdiction.--For purposes of this title, the 
        conditions for in rem liability shall be consistent with section 
        308(d) of the Magnuson-Stevens Act (16 U.S.C. 1858(d)).
            (3) Action upon failure to pay assessment.--If any person 
        fails to pay an assessment of a civil penalty under this title 
        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, who shall recover the amount assessed in any 
        appropriate district court of the United States. In such action, 
        the validity and appropriateness of the final order imposing the 
        civil penalty shall not be subject to review.

    (c) Forfeiture.--
            (1) In general.--Any foreign vessel (including its fishing 
        gear, furniture, appurtenances, stores, and cargo) used, and any 
        fish (or the fair market value thereof) imported or possessed in 
        connection with or as result of the commission of any act 
        prohibited by section 307 of this title shall be subject to 
        forfeiture under section 310 of the Magnuson-Stevens Act (16 
        U.S.C. 1860).
            (2) Application of the customs laws.--All provisions of law 
        relating to seizure, summary judgment, and judicial

[[Page 129 STAT. 669]]

        forfeiture and condemnation for violation of the customs laws, 
        the disposition of the property forfeited or condemned or the 
        proceeds from the sale thereof, the remission or mitigation of 
        such forfeitures, and the compromise of claims shall apply to 
        seizures and forfeitures incurred, or alleged to have been 
        incurred, under the provisions of this title, insofar as 
        applicable and not inconsistent with the provisions hereof. For 
        seizures and forfeitures of property under this section by the 
        Secretary, such duties as are imposed upon the customs officer 
        or any other person with respect to the seizure and forfeiture 
        of property under the customs law may be performed by such 
        officers as are designated by the Secretary or, upon request of 
        the Secretary, by any other agency that has authority to manage 
        and dispose of seized property.
            (3) Presumption.--For the purposes of this section there is 
        a rebuttable presumption that all fish, or components thereof, 
        found on board a vessel that is used or seized in connection 
        with a violation of this title (including any regulation 
        promulgated under this Act) were taken, obtained, or retained as 
        a result of IUU fishing or fishing-related activities in support 
        of IUU fishing.

    (d) Criminal Enforcement.--Any person (other than a foreign 
government agency, or entity wholly owned by a foreign government) who 
knowingly commits an act prohibited by section 307 of this title shall 
be subject to subsections (b) and (c) of section 309 of the Magnuson-
Stevens Act (16 U.S.C. 1859).
    (e) Payment of Storage, Care, and Other Costs.--Any person assessed 
a civil penalty for, or convicted of, any violation of this title 
(including any regulation promulgated under this title) and any claimant 
in a forfeiture action brought for such a violation, shall be liable for 
the reasonable costs incurred by the Secretary in storage, care, and 
maintenance of any property seized in connection with the violation.
SEC. 309. <<NOTE: 16 USC 7408.>>  INTERNATIONAL COOPERATION AND 
                        ASSISTANCE.

    (a) Assistance to Developing Nations and International 
Organizations.--Consistent with existing authority and the availability 
of funds, the Secretary shall provide appropriate assistance to 
developing nations and international organizations of which such nations 
are members to assist those nations in meeting their obligations under 
the Agreement.
    (b) Personnel, Services, Equipment, and Facilities.--In carrying out 
subsection (a), the Secretary may, by agreement, on a reimbursable or 
nonreimbursable basis, utilize the personnel, services, equipment, and 
facilities of any Federal, State, local, or foreign government or any 
entity of any such government.
SEC. 310. <<NOTE: 16 USC 7409.>>  RELATIONSHIP TO OTHER LAWS.

    (a) In General.--Nothing in this title shall be construed to 
displace any requirements imposed by the customs laws of the United 
States or any other laws or regulations enforced or administered by the 
Secretary of Homeland Security. <<NOTE: Applicability.>>  Where more 
stringent requirements regarding port entry or access to port services 
exist under other Federal law, those more stringent requirements shall 
apply. Nothing in this title shall affect a vessel's entry into port, in 
accordance with international law, for reasons of force majeure or 
distress.

[[Page 129 STAT. 670]]

    (b) <<NOTE: Applicability.>>  United States Obligations Under 
International Law.--This title shall be interpreted and applied in 
accordance with United States obligations under international law.

    Approved November 5, 2015.

LEGISLATIVE HISTORY--H.R. 774 (S. 1334):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 114-212, Pt. 1 (Comm. on Natural Resources).
SENATE REPORTS: No. 114-166 (Comm. on Commerce, Science, and 
Transportation) accompanying S. 1334.
CONGRESSIONAL RECORD, Vol. 161 (2015):
            July 27, considered and passed House.
            Oct. 21, considered and passed Senate.

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