Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?
                                                      Calendar No. 168
114th Congress     }                                    {       Report
                                 SENATE
 1st Session       }                                    {      144-166
______________________________________________________________________

    
                                     

  ILLEGAL, UNREPORTED, AND UNREGULATED FISHING ENFORCEMENT ACT OF 2015

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1334

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


                November 10, 2015--Ordered to be printed
                
                                  ______

                         U.S. GOVERNMENT PUBLISHING OFFICE 

59-010                         WASHINGTON : 2015                 
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                    One Hundred Fourteenth Congress
                             First Session

                   JOHN THUNE, South Dakota, Chairman
 ROGER F. WICKER, Mississippi         BILL NELSON, Florida
 ROY BLUNT, Missouri                  MARIA CANTWELL, Washington
 MARCO RUBIO, Florida                 CLAIRE McCASKILL, Missouri
 KELLY AYOTTE, New Hampshire          AMY KLOBUCHAR, Minnesota
 TED CRUZ, Texas                      RICHARD BLUMENTHAL, Connecticut
 DEB FISCHER, Nebraska                BRIAN SCHATZ, Hawaii
 JERRY MORAN, Kansas                  ED MARKEY, Massachusetts
 DAN SULLIVAN, Alaska                 CORY BOOKER, New Jersey
 RON JOHNSON, Wisconsin               TOM UDALL, New Mexico
 DEAN HELLER, Nevada                  JOE MANCHIN, West Virginia
 CORY GARDNER, Colorado               GARY PETERS, Michigan
 STEVE DAINES, Montana
                    David Schwietert, Staff Director
                   Nick Rossi, Deputy Staff Director
                    Rebecca Seidel, General Counsel
                 Kim Lipsky, Democratic Staff Director
           Christopher Day, Democratic Deputy Staff Director
                 Clint Odom, Democratic General Counsel
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                                                      Calendar No. 168
114th Congress     }                                    {       Report
                                 SENATE
 1st Session       }                                    {      144-166

======================================================================



 
  ILLEGAL, UNREPORTED, AND UNREGULATED FISHING ENFORCEMENT ACT OF 2015

                                _______
                                

               November 10, 2015.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 1334]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1334) to strengthen enforcement 
mechanisms to stop illegal, unreported, and unregulated 
fishing, to amend the Tuna Conventions Act of 1950 to implement 
the Antigua Convention, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment (in the nature of a substitute) and recommends that 
the bill (as amended) do pass.

                          Purpose of the Bill

    The purpose of S. 1334, is to implement an international 
agreement to address illegal fishing activity and establish 
uniform procedures and penalties for the enforcement of the 
High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
1826 et seq.) and other international fisheries statutes.

                          Background and Needs

    Many fish stocks around the world have become depleted in 
the last several decades as a result of fleet overcapacity, 
overfishing, and ineffective fishery law enforcement regimes. 
Coastal fishing nations are responsible for managing the stocks 
that fall within their domestic waters, which extend 200 miles 
from their coastline, also known as the Exclusive Economic Zone 
(EEZ). However, many of these coastal nations do not manage for 
stock sustainability, enforce their regulations effectively, or 
coordinate management of shared stocks with other fishing 
nations.
    Under the Magnuson-Stevens Fishery Conservation and 
Management Act (MSA, 16 U.S.C. 1801 et seq.), the United States 
Government exercises jurisdiction over the management of 
commercial fisheries within the U.S. EEZ. The MSA charges the 
Secretary of Commerce, through the National Marine Fisheries 
Service (NMFS), with responsibility for the management of 
marine fishery resources. The MSA allows Regional Fishery 
Management Councils to develop management plans, subject to the 
Secretary of Commerce's approval, that follow the MSA's 
requirements for rebuilding overfished stocks and setting 
harvest levels according to science-based catch limits. While 
fishing activities within U.S. waters are regulated and 
enforced under the MSA, fishing activities outside of U.S. 
waters, especially illegal fishing, can have an effect on both 
U.S. fishermen and the U.S. seafood industry.
    The coordinated management of shared stocks harvested 
beyond 200 miles is accomplished by nations participating in 
Regional Fisheries Management Organizations (RFMOs) or through 
international fisheries agreements created to guide and 
coordinate the fisheries management activities of multiple 
nations that target common stocks in specific regions. Each 
nation that chooses to participate in the RFMOs or 
international fisheries agreements retains its sovereignty, yet 
is expected to develop domestic fisheries laws and regulations 
consistent with each agreement. The United States follows this 
practice and seeks to implement legislation and regulations to 
meet the commitments under the RFMOs and international 
fisheries agreements. Short of such an agreement or 
implementing legislation, U.S. fisheries managers seek 
discussions with foreign counterparts to address concerns on 
interjurisdictional stock management.
    Illegal, unreported, or unregulated (IUU) fishing, 
sometimes referred to as pirate fishing, is a global problem 
that threatens sustainable fisheries and the economies that 
rely on a healthy ocean. IUU fishing encompasses: fishing 
activities that violate national laws; unauthorized 
transshipments or transfers to cargo vessels at sea; fishing 
using unauthorized gear; fishing without a license or keeping 
fish that are protected by regulations; or fishing in closed 
areas. IUU fishing poses an economic threat to legal fishing 
operations, especially to sustainably managed U.S. commercial 
fisheries. Between 2000 and 2014, a National Oceanic and 
Atmospheric Administration (NOAA) spokesperson estimated that 
the Alaska king crab fishery lost approximately $560 million 
from IUU crab fishing,\1\ with an additional $11 million loss 
to coastal communities,\2\ while the U.S. Coast Guard (USCG) 
estimates that over 1,100 Mexican boats enter U.S. waters 
annually, taking up to 760,000 pounds of Red Snapper.\3\ As the 
third largest importer of seafood in the world, the United 
States has an opportunity to boost consumer confidence in the 
seafood supply by keeping illegal products out of the market. 
Globally, IUU fishing is an extensive problem: between 11 
million and 26 million tons of seafood annually is produced by 
IUU fishing, resulting in estimated losses of $10 billion to 
$23 billion to legal fishing operations.\4\ Because IUU fishing 
is often driven by economic rewards that incentivize risk-
taking, strengthening legal frameworks for addressing IUU 
fishing is one way to make the activity less profitable.
---------------------------------------------------------------------------
    \1\NOAA National Marine Fisheries Service. ``Efforts to Combat 
Illegal, Unreported, and Unregulated (IUU) Fishing.'' Available at: 
http://www.nmfs.noaa.gov/mediacenter/docs/2011/sep/iuu_factsheet.pdf 
(accessed July 8, 2013).
    \2\Presidential Task Force on Combating Illegal, Unreported, and 
Unregulated Fishing and Seafood Fraud, Public Meeting. Available at 
http://www.nmfs.noaa.gov/ia/iuu/iuu_transcript_8_20_14.pdf (accessed 
March 23, 2015).
    \3\U.S. Coast Guard. ``Coast Guard interdicted Mexican fishing crew 
poaching red snapper in U.S. waters'' Available at: http://
www.uscgnews.com/go/doc/4007/2476550/Coast-Guard-interdicted-Mexican-
fishing-crew-poaching-red-snapper-in-U-S-waters (accessed May 19, 
2015).
    \4\NOAA National Marine Fisheries Service. ``Illegal Fishing: Not 
in Our Ports.'' Available at: http://www.nmfs.noaa.gov/ia/iuu/
portstate_factsheet.pdf (accessed July 8, 2013).
---------------------------------------------------------------------------
    Worldwide, the amount of IUU fishing appears to be 
increasing as IUU fishermen attempt to avoid stricter fishing 
rules created to address declining fish stocks.\5\ Preventing 
IUU fishing on the high seas is difficult due to the vast areas 
of ocean to monitor, enforcement resource limitations, and a 
high volume of operating fishing vessels. Current international 
efforts to eliminate IUU fishing are mainly led through the 
United Nations Food and Agriculture Organization (FAO), and are 
primarily focused on pressuring individual nations to better 
control and manage their fishing fleets.
---------------------------------------------------------------------------
    \5\Agnew, David J., John Pearce, Ganapathiraju Pramod, Tom Peatman, 
Reg Watson, John R. Beddington, and Tony J. Pitcher. "Estimating the 
worldwide extent of illegal fishing." PLoS one 4, no. 2 (2009): e4570.
---------------------------------------------------------------------------
    The threat presented by IUU fishing to the U.S. industry 
was formally recognized in the 2007 amendments to the MSA. The 
updates to the law required the Secretary of Commerce to 
improve international fisheries management by: identifying 
nations that have vessels engaged in IUU fishing; working with 
the RFMOs to strengthen their ability to reduce IUU fishing 
activity; building information-sharing capabilities; and 
seeking the adoption of stronger port state controls in all 
nations.
    Internationally, the United States has actively worked to 
strengthen the existing RFMOs through renegotiation of their 
underlying agreements or the negotiation of new protocols. With 
substantial U.S. involvement, international fishery management 
organizations have adopted and shared IUU vessel lists; used 
observers and technologies to monitor compliance; promoted and 
used centralized vessel monitoring systems (VMS); established 
trade tracking and documentation schemes; prevented trade in or 
importation of IUU-caught fish or other living marine 
resources; and protected vulnerable marine ecosystems. The 
United States has been a leader in encouraging international 
bodies to adopt measures to address IUU fishing. In 2001, the 
FAO adopted the International Plan of Action to Prevent, Deter, 
and Eliminate Illegal, Unreported, and Unregulated Fishing 
(IPOA-IUU), which included tools for port states to deal with 
IUU fishing such as denial of port access and prohibitions on 
landing and transshipment. The United States implemented the 
IPOA-IUU with a National Plan of Action in 2004.

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

    U.S. international fishery enforcement activities are 
coordinated closely between the NMFS, the State Department, and 
the USCG. The NMFS and the USCG also provide input for the 
State Department's negotiations of fishery treaties and 
agreements, in addition to reviewing foreign fishing vessel 
permit applications. The NMFS and the USCG jointly conduct 
fisheries enforcement patrols and investigations under a wide-
ranging memorandum of understanding (MOU). Additionally, the 
NMFS and the USCG cooperate closely with individual States and 
territories, and coordinate MSA enforcement in and adjacent to 
State and territorial waters.
    These agencies enforce the provisions of statutes for 
implementing the terms of the international fisheries treaties 
and agreements to which the United States is a party. However, 
as each implementing statute was developed, divergent 
approaches were often taken for establishing enforcement tools, 
setting fines and penalties, and carrying out enforcement 
patrols and investigations. As a result, U.S. international 
fisheries enforcement efforts are carried out under a patchwork 
of different standards and statutes. By harmonizing these 
standards and activities across statutes and with the MSA, U.S. 
fisheries enforcement officers and lawyers could streamline, 
clarify, and improve information sharing and coordination, and 
strengthen their overall approach for targeting foreign IUU 
fishing. This process also would likely increase the ease and 
improve the efficiency with which the USCG executes its at-sea 
fisheries enforcement activities. This is not an unimportant 
consideration as the USCG seeks to fulfill its mission 
requirements in the face of an increasingly unpredictable and 
resource-constrained budgetary and appropriations process.
    The United States can also build upon existing efforts to 
provide technical assistance, training, and other support to 
developing countries struggling with fisheries management and 
IUU enforcement efforts. By encouraging the development of 
initiatives aimed at international fisheries conservation and 
IUU fishing, in cooperation with the NMFS and USCG experts, the 
United States can expand its reach and effectiveness in 
targeting this significant marine policy problem facing 
developing countries.

The Agreement on Port State Measures

    Since 2004, the FAO has focused on strengthening port state 
controls as an effective way of addressing IUU fishing, and a 
series of workshops and consultations with other international 
organizations culminated in the Agreement on Port State 
Measures to Prevent, Deter and Eliminate Illegal, Unreported 
and Unregulated Fishing (Port State Measures Agreement), which 
was approved by the FAO Conference in November 2009. 
Ultimately, the Port State Measures Agreement will deny port 
entry to IUU fishing vessels and other vessels that support IUU 
fishing. The Port State Measures Agreement, of which the United 
States was a primary negotiator and one of its first 
signatories, is the first global instrument focused 
specifically on combating IUU fishing. It sets forth minimum 
standards for the conduct of dockside inspections and training 
of inspectors and, most significantly, would require parties to 
restrict port entry and port services to foreign vessels known 
or suspected of having been involved in IUU fishing, 
particularly those on the IUU vessel list maintained by an 
RFMO. Since all fish must be brought to port to enter into 
trade, closing ports to illegal product is an effective way to 
prevent, deter, and eliminate IUU fishing. The Port State 
Measures Agreement would also require information sharing, 
including the sharing of inspection results, with parties and 
other relevant actors to the Port State Measures Agreement when 
evidence of IUU fishing is found during the course of an 
inspection. By eliminating so-called ``ports of convenience,'' 
the cost of IUU fishing operations will increase, and financial 
incentives for engaging in IUU fishing should be diminished. It 
is important to identify vessels associated with IUU activity 
as they enter ports, because once illegally-caught fish have 
entered commerce on land it becomes increasingly difficult to 
identify the origins of the seafood product.
    Additionally, the United States has yet to fully ratify and 
accede to the Antigua Convention, which was negotiated to 
strengthen and replace the 1949 Convention establishing the 
first RFMO, the Inter-American Tropical Tuna Commission. The 
Senate gave its advice and consent to enter into the Antigua 
Convention in 2005 and the Antigua Convention entered into 
force in 2010, but the United States must conform its domestic 
implementing statute, the Tuna Conventions Act of 1950, to the 
provisions of the Antigua Convention before it deposits its 
instrument of ratification and accedes to the Antigua 
Convention.
    Many of the requirements that would be made by S. 1334 are 
consistent with standards and processes already in place in the 
United States. For example, the USCG already has rules 
requiring foreign vessels to submit a Notice of Arrival before 
entering port (33 C.F.R. part 160, subpart C). Foreign-flagged 
fishing vessels are generally prohibited from landing their 
catch in U.S. ports, but transport vessels have entered U.S. 
ports and S. 1334 would allow the United States to deny access 
to such vessels if they were supporting IUU fishing or carrying 
illegally-caught fish.

                         Summary of Provisions

    The Illegal, Unreported, and Unregulated Fishing 
Enforcement Act of 2015 would implement the Antigua Convention, 
strengthen enforcement mechanisms to stop illegal, unreported, 
and unregulated fishing, and implement the Port State Measures 
Agreement to combat IUU fishing activity. If enacted, S. 1334 
would--

     make consistent existing fisheries enforcement 
laws;

     implement the Antigua Convention, which was 
ratified by the Senate in 2005;

     strengthen and harmonize the enforcement 
provisions of U.S. statutes for implementing international 
fisheries agreements;

     authorize actions regarding foreign vessels 
engaged in IUU fishing;

     create interagency programs for coordinating 
international fisheries enforcement and assistance to 
developing countries;

     require the Secretary of Commerce to designate 
which ports foreign vessels may seek to enter;

     require foreign vessels to submit certain 
information to the USCG and restrict port entry and access to 
port services by vessels that have been engaged in IUU fishing 
or vessels supporting these activities; and

     authorize dockside vessel inspections and 
information sharing, including evidence of IUU fishing found 
during the course of an inspection.

                          Legislative History

    S. 1334 was introduced by Senators Murkowski, Sullivan, and 
Schatz on May 13, 2015. Senators Markey and Whitehouse are 
cosponsors. On May 20, 2015, the Committee met in open 
Executive Session and, by a voice vote, ordered S. 1334 to be 
reported favorably with an amendment in the nature of a 
substitute. Similar bills passed out of Committee last 
Congress: S. 267, the Pirate Fishing Elimination Act; S. 269, 
the International Fisheries Stewardship and Enforcement Act; 
and H.R. 69, the Illegal, Unreported, and Unregulated Fishing 
Enforcement Act.

                            Estimated Costs

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

S. 1334--Illegal, Unreported, and Unregulated Fishing Enforcement Act 
        of 2015

    S. 1334 would provide the National Oceanic and Atmospheric 
Administration (NOAA) with additional tools to enforce 
fisheries laws and combat illegal, unreported, and unregulated 
(IUU) fishing. The bill would establish uniform enforcement 
policies and procedures under the many federal statutes that 
govern the regulation of commercial fishing. The bill also 
would allow NOAA to implement two international fishing 
agreements previously entered into by the United States.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing S. 1334 would cost $2 million over 
the 2016-2020 period. Because enacting the bill could increase 
revenues (from civil and criminal penalties) and associated 
direct spending, pay-as-you-go procedures apply. However, CBO 
estimates that such increases in penalties and spending would 
be less than $500,000 annually and would offset each other in 
most years.
    CBO has reviewed title I of S. 1334 and determined that it 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act (UMRA). Section 4 
of UMRA excludes from the application of that act any 
legislative provisions that are necessary for the ratification 
or implementation of international treaty obligations. CBO has 
determined that titles II and III fall within that exclusion 
because they would implement international fishing treaties.

Enforcement of Fisheries Laws

    Title I would authorize the appropriation of $450,000 a 
year for NOAA to expand the scope of information considered for 
identifying IUU vessels and require the agency to keep a list 
of countries with vessels engaged in IUU fishing in the 
preceding three years. Assuming appropriation of the authorized 
amounts, CBO estimates that carrying out those activities would 
cost about $2 million over the 2016-2020 period.
    Title I also would provide NOAA with greater authority to 
combat IUU fishing. While the bill would not explicitly mandate 
an increase in NOAA's enforcement efforts, the enhanced 
enforcement authorities could result in additional costs if 
those authorities increased the number of violations 
adjudicated by the agency. In 2015, NOAA received 
appropriations totaling $66 million to enforce more than 35 
federal statutes. Based on information provided by the agency, 
CBO expects that any increase in enforcement costs under S. 
1334 associated with IUU fishing would not be significant in 
any year.
    In addition, title I would make various amendments to 
portions of the High Seas Driftnet Fishing Moratorium 
Protection Act and the Magnuson-Stevens Fishery Conservation 
and Management Act. Based on information provided by NOAA, CBO 
expects that implementing those amendments would not affect the 
agency's workload because the agency is conducting most of the 
newly required activities under current law. The authorization 
of appropriations to carry out the affected portions of those 
acts expired in 2013; however, the Congress has continued to 
appropriate funds to conduct activities under those laws. In 
2015, the agency received appropriations totaling $3 million to 
implement those provisions.
    Finally, title I could increase civil and criminal 
penalties for violations of fisheries laws. Based on 
information provided by NOAA, CBO estimates that any increase 
in revenues from penalties would be less than $500,000 a year 
and would be offset by similar increases in direct spending 
from the Crime Victims Fund (for criminal penalties) or by NOAA 
(for civil penalties) as authorized by existing law.

Implementation of the Antigua Convention

    Title II would amend the Tuna Conventions Act of 1950 to 
implement the Antigua Convention and would establish guidelines 
for the selection, composition, and duties of certain bodies 
that represent the United States on the Inter-American Tropical 
Tuna Commission. Because those bodies currently exist and 
members of those bodies are not compensated by the federal 
government, CBO estimates that implementing title II would have 
no significant effect on the federal budget.

Implementation of the Agreement on Port State Measures

    Title III would require NOAA to identify ports that can be 
used by foreign vessels, coordinate inspections of those 
vessels with the U.S. Coast Guard (USCG), deny port entry to 
vessels that have engaged in IUU fishing, and share information 
with foreign governments and other entities regarding the 
results of inspections and any actions taken if IUU fishing is 
discovered. Title III also would establish civil and criminal 
penalties for entities that violate provisions in the bill.
    Based on information provided by NOAA and the USCG, CBO 
estimates that implementing title III would have no significant 
effect on the federal budget The affected agencies already 
carry out the activities required under the bill. Enacting the 
legislation could increase revenues (from civil and criminal 
penalties) and associated direct spending; however, CBO 
estimates that such increases would be small and would offset 
each other in most years.
    On June 12, 2015, CBO transmitted a cost estimate for H.R. 
774, the Illegal, Unreported, and Unregulated Fishing 
Enforcement Act of 2015, as ordered reported by the House 
Committee on Natural Resources on April 30, 2015. The two 
pieces of legislation are similar and the estimated budgetary 
effects are the same.
    The CBO staff contacts for this estimate are Jeff LaFave 
(for federal costs), Jon Sperl (for intergovernmental 
mandates), and Amy Petz (for private-sector mandates). The 
estimate was approved by H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.

                           Regulatory Impact

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

                       number of persons covered

    S. 1334 would make refinements to the existing statutory 
authorities of NOAA, the NMFS and the USCG to better enable 
them to limit and regulate access to U.S. ports and port 
services in order to curtail IUU fishing activity. It would 
authorize the Secretary of Commerce to designate ports to which 
foreign vessels involved in fishing or fishing-related activity 
may request entry, and to require such vessels to provide 
advance notice for such requests. It generally would require 
the Secretary of Commerce and the Secretary of the department 
in which the Coast Guard is operating to deny port entry to 
those vessels known to have engaged in or supported IUU 
fishing, as well as to prohibit vessels already in U.S. ports 
from landing, transshipping, packaging, or processing fish 
where there is evidence they have engaged in or supported IUU 
fishing. The provisions of the bill would generally apply with 
respect to foreign vessels seeking entry to or in a port 
subject to the jurisdiction of the United States, vessels of 
the United States seeking entry to or in a port subject to the 
jurisdiction of another party to the Port State Measures 
Agreement, and persons who are subject to the jurisdiction of 
the United States.
    S. 1334 would strengthen and harmonize the enforcement 
provisions of a number of implementing statutes for 
international fisheries agreements to which the United States 
is a party; authorize actions regarding foreign vessels engaged 
in IUU fishing; authorize actions regarding the importation of 
IUU fish and fish product into the United States; facilitate 
provision of international fisheries enforcement technical 
expertise, training, and other assistance to developing 
countries; and make technical and clarifying changes to 
international fisheries statutes. It would authorize the 
Secretary of Commerce to promulgate regulations necessary to 
carry out the enforcement authorities under section 101 of this 
Act and each act to which that section would apply. Persons 
subject to enforcement proceedings under these provisions could 
be subject to new regulations.

                            economic impact

    The legislation is not expected to have a negative impact 
on the Nation's economy and in fact, would have a positive 
impact. IUU-caught fish significantly undercut the value of 
legally, sustainably caught fish in the United States and 
elsewhere around the world. Because S. 1334 would substantially 
curtail the entry of IUU-caught fish into the stream of 
commerce in the United States, it is expected to have a 
positive impact on the domestic fishing and seafood industries. 
The Secretary of Commerce would be allowed to reimburse United 
States Commissioners for travel expenses.

                                privacy

    The reported bill would have little, if any, impact on the 
personal privacy of individuals.

                               paperwork

    S. 1334 would require a vessel covered by the Act to submit 
to the USCG Captain of the Port certain basic information about 
the vessel when it is requesting port entry. However, much of 
the information (such as a vessel's name, type, flag state, 
dimensions, destination, estimated date and time of arrival, 
IMO ship identification number, international radio call sign) 
is already reported and available to the USCG via automated 
information system transmissions, the USCG's Marine Information 
Safety and Law Enforcement System, and other sources. Because 
the bill would require that the procedure for submitting vessel 
information utilize existing USCG reporting mechanisms to the 
maximum extent possible, S. 1334 is not expected to impose any 
new paperwork requirements on private citizens, businesses, or 
other entities that do not choose to participate in 
international fisheries activities; those who do participate in 
this industry may be subject to some changes in the paperwork 
requirements to meet emerging program needs. By replacing 
multiple requirements for Federal enforcement of high seas 
fishing law with a single set of national requirements, S. 1334 
will likely reduce paperwork requirements for individuals, 
businesses, and enforcement agencies. It would streamline 
enforcement for the owners and operators of approximately 
70,000 vessels with respect to high seas fishing.

                   Congressionally Directed Spending

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

                      Section-by-Section Analysis


Section 1. Short title.

    This section would designate the short title of this bill, 
the ``Illegal, Unreported, and Unregulated Fishing Enforcement 
Act of 2015.''

Section 2. Table of contents.

    This section would provide the table of contents.

        TITLE I-- STRENGTHENING FISHERIES ENFORCEMENT MECHANISMS

Section 101. Amendments to the High Seas Driftnet Fishing Moratorium 
        Protection Act.

    This section would change responsibility of the enforcement 
of the High Seas Driftnet Fishing Moratorium Protection Act 
from the President to the Secretary of Commerce and the 
Secretary of the department in which the Coast Guard is 
operating, and would allow them to use the assets of Federal 
and State agencies in their duties. This section would apply to 
the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3631 et seq.), 
the Dolphin Protection Consumer Information Act (16 U.S.C. 
1385), the Tuna Conventions Act of 1950 (16 U.S.C. 951 et 
seq.), the North Pacific Anadromous Stocks Act of 1992 (16 
U.S.C. 5001 et seq.), the Atlantic Tunas Convention Act of 1975 
(16 U.S.C. 971 et seq.), the Northwest Atlantic Fisheries 
Convention Act of 1995 (16 U.S.C. 5601 et seq.), the Western 
and Central Pacific Fisheries Convention Implementation Act (16 
U.S.C. 6901 et seq.), and the Antigua Convention Implementing 
Act of 2015. The Secretary of Commerce would be allowed to 
engage in international cooperation to help other nations 
combat IUU fishing. The existing enforcement provisions of the 
MSA would apply to enforcement of this Act, the authority of 
authorized officers, and data disclosure. The data 
confidentiality provisions of the MSA would not apply to 
obligations of the United States to share information under a 
RFMO or with respect to foreign vessels. Violating any 
regulation or permit issued pursuant to this Act, refusing an 
inspection by an authorized officer, assaulting an officer, 
resisting arrest, and interfering with or impeding an 
investigation by any NMFS data collector or observer would be 
prohibited. Civil and criminal penalties of the existing MSA 
would apply.
    The Secretary of Commerce would be allowed to develop a 
list of vessels that have engaged in IUU fishing and to take 
appropriate action against them in accordance with U.S. law. 
These vessels would be identified using data from the 
international fishery management organizations and listed in a 
report if they have engaged in IUU fishing within three years. 
The definition of IUU fishing would be expanded to include 
fishing that has undermined the effectiveness of measures taken 
by an international fishery management organization. Nations 
would be listed in the report if they are violating, or failing 
to address or regulate IUU fisheries in the preceding three 
years. The Secretary of Commerce would be required to notify 
the President when a nation has been listed on the IUU list. 
Nations which have been IUU listed would be notified and 
informed about the provisions of this Act.
    The Secretary of Commerce would be allowed to establish a 
procedure to authorize the importation of fish products from 
countries or vessels that have been on the IUU list in the last 
three years if they can demonstrate that they are now fishing 
in such a way as to avoid bycatch of protected species and are 
using practices comparable to those used in the United States. 
Additional changes in this section would ensure consistency.

Section 102. Amendments to the High Seas Driftnet Fisheries Enforcement 
        Act.

    This section would revoke clearance into U.S. ports of 
vessels from a nation that has been listed as participating in 
IUU fishing, except for the purposes of inspection or 
enforcement. IUU fishing references would be removed from this 
Act because they would now be covered in the High Seas Driftnet 
Fishing Moratorium Protection Act. Prohibitions from the High 
Seas Driftnet Fisheries Enforcement Act would be applied to IUU 
listed vessels, and within six months the Secretary of Commerce 
would be required to determine whether the prohibitions are 
sufficient to cause the nation to address the activities that 
led to their IUU listing.

Section 103. Amendments to the North Pacific Anadromous Stocks Act of 
        1992.

    This section would add ``investigation'' to ``search or 
inspection,'' as activities during which it is unlawful to 
refuse an enforcement officer to board a vessel for purposes of 
an investigation, or to assault, impede, or interfere with an 
officer. The penalties and enforcement sections of the North 
Pacific Anadromous Stocks Act of 1992 would be replaced with 
the penalties and enforcement sections of the High Seas 
Driftnet Fishing Moratorium Protection Act.

Section 104. Amendments to the Pacific Salmon Treaty Act of 1985.

    This section would add ``investigation'' to ``search or 
inspection,'' as activities during which it is unlawful to 
refuse an enforcement officer to board a vessel for purposes of 
an investigation, or to assault, impede, or interfere with an 
officer. The prohibitions and enforcement sections of the 
Pacific Salmon Treaty Act of 1985 would be struck out and would 
refer instead to the prohibitions and enforcement sections of 
the High Seas Driftnet Fishing Moratorium Protection Act.

Section 105. Amendments to the Western and Central Pacific Fisheries 
        Convention Implementation Act.

    The prohibitions and enforcement sections of the Western 
and Central Pacific Fisheries Convention Implementation Act 
would be struck out and would refer instead to the prohibitions 
and enforcement sections of the High Seas Driftnet Fishing 
Moratorium Protection Act.

Section 106. Amendments to the Antarctic Marine Living Resources 
        Convention Act.

    This section would remove the requirement for a person who 
is violating the Antarctic Marine Living Resources Convention 
Act to do so knowingly. It would add ``investigation'' to 
``search or inspection,'' as activities during which it is 
unlawful to refuse an enforcement officer to board a vessel for 
purposes of an investigation, or to assault, impede, or 
interfere with an officer. It also would allow the Secretary of 
Commerce to publish a final regulation for conservation 
measures that have been in effect for 12 months or less and 
have been adopted by the commission and enters these 
regulations into force when published.

Section 107. Amendments to the Atlantic Tunas Convention Act.

    This section would allow the Secretary of Commerce to issue 
trade restriction measures against nations or fishing entities 
that violate the Atlantic Tunas Convention Act. The sanctions, 
forfeiture, and parts of the enforcement sections of that Act 
would be struck out and would refer instead to the prohibitions 
and enforcement sections of the High Seas Driftnet Fishing 
Moratorium Protection Act. The requirement for an annual report 
would be removed.

Section 108. Amendments to the High Seas Fishing Compliance Act of 
        1965.

    This section would remove the five-year limitations of the 
permit for the High Seas Fishing Compliance Act of 1965, void a 
permit issued if one or more permits required for a vessel to 
fish expire, are revoked, or suspended, or the vessel is no 
longer eligible for U.S. documentation.

Section 109. Amendments to the Dolphin Protection Consumer Information 
        Act.

    The prohibitions and enforcement sections of the Dolphin 
Protection Consumer Information Act would be struck out and 
would refer instead to the prohibitions and enforcement 
sections of the High Seas Driftnet Fishing Moratorium 
Protection Act.

Section 110. Amendments to the Northern Pacific Halibut Act of 1982.

    This section would add ``investigation'' to ``search or 
inspection,'' as activities during which it would be unlawful 
to refuse an enforcement officer to board a vessel for purposes 
of an investigation, or to assault, impede, or interfere with 
an officer. Technical corrections also would be made.

Section 111. Amendments to the Northwest Atlantic Fisheries Convention 
        Act of 1995.

    The civil and criminal penalties, civil forfeitures, 
enforcement, fish disposal, and jurisdiction sections of the 
Northwest Atlantic Fisheries Convention Act of 1995 would be 
struck out and would refer instead to the prohibitions and 
enforcement sections of the High Seas Driftnet Fishing 
Moratorium Protection Act. It would add ``investigation'' to 
``search or inspection,'' as activities during which it is 
unlawful to refuse an enforcement officer to board a vessel for 
purposes of an investigation, or to assault, impede, or 
interfere with an officer.

Section 112. Amendment to the Magnuson-Stevens Fishery Conservation and 
        Management Act.

    This section would add a prohibition on the import, export, 
sale, acquisition, or purchase of fish that have been taken or 
sold in violation of treaties to which the United States is a 
party.

          TITLE II-- IMPLEMENTATION OF THE ANTIGUA CONVENTION

Section 201. Short title.

    This section would designate the short title of title II of 
the bill as the ``Antigua Convention Implementing Act of 
2015.''

Section 202. Amendment of the Tuna Conventions Act of 1950.

    This section would apply all changes made in S. 1334 to 
other acts to the Tuna Conventions Act of 1950.

Section 203. Definitions.

    This section would define the following terms: ``Antigua 
Convention''; ``Commission''; ``Convention''; ``person''; 
``United States''; and ``United States Commissioners.''

Section 204. Commissioners; number, appointment, and qualifications.

    This section would direct the President to appoint five 
United States Commissioners to represent the United States on 
the Inter-American Tropical Tuna Commission, who would be 
supervised by the Secretary of State. It would limit the number 
of outside commissions and would allow the Secretary of State 
to designate alternates. United States Commissioners would not 
be considered Federal employees and receive no compensation, 
but may be reimbursed for travel expenses. The Secretary of 
Commerce would be allowed to reimburse the Secretary of State 
for expenses incurred under this Act.

Section 205. General Advisory Committee and Scientific Advisory 
        Subcommittee.

    This section would direct the Secretary of Commerce, in 
consultation with the Secretary of State, to appoint a General 
Advisory Committee, consisting of no more than 25 individuals. 
This section also would direct the Secretary of Commerce, in 
consultation with the Secretary of State, to appoint a 
Scientific Advisory Subcommittee consisting of 5 to 15 
qualified scientists. This section would describe how the 
committee and subcommittee should be set up.

Section 206. Rulemaking.

    This section would direct the Secretary of Commerce to 
consult with the Secretary of State and, when appropriate, the 
Secretary of the department in which the Coast Guard is 
operating to promulgate regulations necessary to carry out U.S. 
responsibilities under the Antigua Convention and the Tuna 
Conventions Act of 1950.

Section 207. Prohibited acts.

    This section would incorporate into the Tuna Conventions 
Act of 1950, as amended, the prohibited acts under section 606 
of the High Seas Driftnet Fishing Moratorium Protection Act.

Section 208. Enforcement.

    This section would enforce the Tuna Conventions Act of 
1950, as amended, under section 606 of the High Seas Driftnet 
Fishing Moratorium Protection Act.

Section 209. Reduction of bycatch.

    This section would make a technical correction.

Section 210. Repeal of Eastern Pacific Tuna Licensing Act of 1984.

    This section would repeal the Eastern Pacific Tuna 
Licensing Act of 1984 (16 U.S.C. 972 et seq.).

       TITLE III-- STRENGTHENING FISHERIES ENFORCEMENT MECHANISMS

Section 301. Short title.

    This section would designate the short title of title III 
of the bill as the ``Port State Measures Agreement Act of 
2015.''

Section 302. Purpose.

    This section would state that the purpose of this title of 
the bill is to implement the Port State Measures Agreement.

Section 303. Definitions.

    This section would define the following terms: 
``Agreement'' as the Port State Measures Agreement; ``fish''; 
``fishing''; ``IUU fishing''; ``Listed IUU vessel''; 
``Magnuson-Stevens Act''; ``person''; ``RFMO''; ``Secretary''; 
and ``vessel.''

Section 304. Duties and authorizations of the Secretary.

    This section would authorize the Secretary of Commerce to 
promulgate regulations to carry out this Act. It would 
authorize the Secretary of Commerce to consult with the 
Secretary of State, the Secretary of Homeland Security, and the 
Secretary of the department in which the Coast Guard is 
operating to develop procedures to carry out this Act. This 
section would require the Secretary to develop and share a list 
of ports to which vessels may seek entry under the Act, and 
would authorize the Secretary to cooperate with the FAO to 
facilitate information sharing relevant to the Port State 
Measures Agreement. This section would require the Secretary of 
Commerce to maintain, and to make readily available, 
information about legal remedies available to persons affected 
by actions under this Act. Finally, this section would allow 
the Secretary of Commerce to request confirmation that fish on 
board a foreign vessel in a U.S. port were taken in accordance 
with RFMO measures.

Section 305. Authorization or denial of port entry.

    This section would require a foreign vessel to submit 
certain information in advance of its arrival to the Secretary 
of the department in which the Coast Guard is operating, and 
for those procedures to conform to existing reporting 
mechanisms utilized by the USCG. This section would authorize 
the Secretary of Commerce to authorize port entry or to deny 
port entry to a vessel that is known or suspected of IUU 
fishing or supporting IUU fishing. This section would authorize 
the Secretary of Commerce to allow port entry to a vessel that 
would otherwise be denied if the vessel or a person aboard 
needs assistance, if the vessel is going to be scrapped, or to 
inspect the vessel or carry out enforcement.

Section 306. Inspections.

    This section would authorize the Secretary of Commerce and 
the Secretary of the department in which the Coast Guard is 
operating to conduct vessel inspections and to take enforcement 
action against vessels found to have been engaged in IUU 
fishing or related activities.

Section 307. Prohibited acts.

    This section would make it unlawful for any person to: 
violate this Act; refuse an authorized officer to board, 
search, or inspect a vessel or facility; or submit false 
information. For other prohibitions this Act refers to the 
Western and Central Pacific Fisheries Convention Implementation 
Act (16 U.S.C 6901 et seq.).

Section 308. Enforcement.

    This section would apply the enforcement authorities under 
the MSA and subsection (b) of the Antarctic Marine Living 
Resources Convention Act (16 U.S.C. 2439(b)) to the enforcement 
of this title. This section would authorize the Secretary of 
Commerce to enforce this Act with the same authority as defined 
in the MSA. This section would specify that civil penalties, 
the ability of the Secretary of Commerce to take action, in rem 
jurisdiction, forfeiture, and criminal enforcement, shall be 
consistent with those defined in the MSA. The Secretary of 
Commerce would be authorized to refer persons who do not pay 
civil penalties under this law to the Attorney General, who 
shall recover the amount of the penalty. This section would 
apply to all current law on seizure of property to this title, 
and would authorize customs enforcement agents to enforce this 
law.

Section 309. International cooperation and assistance.

    This section would authorize the Secretary of Commerce to 
provide assistance, including grants, to other nations and 
international organizations for the purposes of assisting other 
nations to meet their obligations under the Port State Measures 
Agreement. The Secretary of Commerce would be authorized by 
this section to use resources of other entities.

Section 310. Relationship to other laws.

    This section would clarify that this Act would not displace 
any requirements of U.S. customs laws or any other laws or 
regulations enforced or administered by the Department of 
Homeland Security, and that this Act would not affect a 
vessel's ability to enter ports for reasons of force majeure or 
distress.

                        Changes in Existing Law

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

          HIGH SEAS DRIFTNET FISHING MORATORIUM PROTECTION ACT


                       [16 U.S.C. 1826d et seq.]

SEC. 606. ENFORCEMENT.

                           [16 U.S.C. 1826g]

  [The President]
   (a) In General.--The Secretary and the Secretary of the 
department in which the Coast Guard is operating shall enforce 
this Act, and the Acts to which this section applies, in 
accordance with this section. Each such Secretary may, by 
agreement, on a reimbursable basis or otherwise, utilize the 
personnel services, equipment (including aircraft and vessels), 
and facilities of any other Federal agency, and of any State 
agency, in the performance of such duties.
  (b) Acts to Which Section Applies.--This section applies to 
the following Acts:
          (1) The Pacific Salmon Treaty Act of 1985 (16 U.S.C. 
        3631 et seq.).
          (2) The Dolphin Protection Consumer Information Act 
        (16 U.S.C. 1385).
          (3) The Tuna Conventions Act of 1950 (16 U.S.C. 951 
        et seq.).
          (4) The North Pacific Anadromous Stocks Act of 1992 
        (16 U.S.C. 5001 et seq.).
          (5) The Atlantic Tunas Convention Act of 1975 (16 
        U.S.C. 971 et seq.).
          (6) The Northwest Atlantic Fisheries Convention Act 
        of 1995 (16 U.S.C. 5601 et seq.).
          (7) The Western and Central Pacific Fisheries 
        Convention Implementation Act (16 U.S.C. 6901 et seq.).
          (8) The Antigua Convention Implementing Act of 2015.
  (c) Administration and Enforcement.--
          (1) In general.--The Secretary shall prevent any 
        person from violating this Act, or any Act to which 
        this section applies, in the same manner, by the same 
        means, and with the same jurisdiction, powers, and 
        duties as though sections 308 through 311 of the 
        Magnuson-Stevens Fishery Conservation and Management 
        Act (16 U.S.C. 1858, 1859, 1860, and 1861) were 
        incorporated into and made a part of and applicable to 
        this Act and each such Act.
          (2) International cooperation.--The Secretary may, 
        subject to appropriations and in the course of carrying 
        out the Secretary's responsibilities under the Acts to 
        which this section applies, engage in international 
        cooperation to help other nations combat illegal, 
        unreported, and unregulated fishing and achieve 
        sustainable fisheries.
  (d) Special Rules.--
          (1) Additional enforcement authority.--In addition to 
        the powers of officers authorized pursuant to 
        subsection (c), any officer who is authorized by the 
        Secretary, or the head of any Federal or State agency 
        that has entered into an agreement with the Secretary 
        under subsection (a), may enforce the provisions of any 
        Act to which this section applies, with the same 
        jurisdiction, powers, and duties as though section 311 
        of the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1861) were incorporated into 
        and made a part of each such Act.
          (2) Disclosure of enforcement information.--
                  (A) In general.--The Secretary, subject to 
                the data confidentiality provisions in section 
                402 of the Magnuson-Stevens Fishery 
                Conservation and Management Act (16 U.S.C. 
                1881a), may disclose, as necessary and 
                appropriate, information, including information 
                collected under joint authority of the 
                Magnuson-Stevens Fishery Conservation and 
                Management Act (16 U.S.C. 1801 et seq.) and the 
                Atlantic Tunas Convention Act of 1975 (16 
                U.S.C. 971 et seq.) or the Western and Central 
                Pacific Fisheries Convention Implementation Act 
                (16 U.S.C. 6901 et seq.) or other statutes 
                implementing international fishery agreements, 
                to any other Federal or State government 
                agency, the Food and Agriculture Organization 
                of the United Nations, the secretariat or 
                equivalent of an international fishery 
                management organization or arrangement made 
                pursuant to an international fishery agreement, 
                or a foreign government, if--
                          (i) such government, organization, or 
                        arrangement has policies and procedures 
                        to protect such information from 
                        unintended or unauthorized disclosure; 
                        and
                          (ii) such disclosure is necessary--
                                  (I) to ensure compliance with 
                                any law or regulation enforced 
                                or administered by the 
                                Secretary;
                                  (II) to administer or enforce 
                                any international fishery 
                                agreement to which the United 
                                States is a party;
                                  (III) to administer or 
                                enforce a binding conservation 
                                measure adopted by any 
                                international organization or 
                                arrangement to which the United 
                                States is a party;
                                  (IV) to assist in any 
                                investigative, judicial, or 
                                administrative enforcement 
                                proceeding in the United 
                                States; or
                                  (V) to assist in any law 
                                enforcement action undertaken 
                                by a law enforcement agency of 
                                a foreign government, or in 
                                relation to a legal proceeding 
                                undertaken by a foreign 
                                government to the extent the 
                                enforcement action is 
                                consistent with rules and 
                                regulations of a regional 
                                fishery management organization 
                                that the United States is a 
                                member of, or the Secretary has 
                                determined that the enforcement 
                                action is consistent with the 
                                requirements under Federal law 
                                for enforcement actions with 
                                respect to illegal, unreported, 
                                and unregulated fishing.
                  (B) Data confidentiality provisions not 
                applicable.--The data confidentiality 
                provisions of section 402 of the Magnuson-
                Stevens Fishery Conservation and Management Act 
                (16 U.S.C. 1881a) shall not apply with respect 
                to this Act with respect to--
                          (i) any obligation of the United 
                        States to share information under a 
                        Regional Fishery Management 
                        Organization to which the United States 
                        is a party; or
                          (ii) with respect to any information 
                        collected by the Secretary regarding 
                        foreign vessels.
  (e) Prohibited Acts.--It is unlawful for any person--
          (1) to violate any provision of this Act or any 
        regulation or permit issued pursuant to this Act;
          (2) to refuse to permit any officer authorized to 
        enforce the provisions of this Act to board, search, or 
        inspect a vessel, subject to such person's control for 
        the purposes of conducting any search, investigation, 
        or inspection in connection with the enforcement of 
        this Act, any regulation promulgated under this Act, or 
        any Act to which this section applies;
          (3) to forcibly assault, resist, oppose, impede, 
        intimidate, or interfere with any such authorized 
        officer in the conduct of any search, investigation, or 
        inspection described in paragraph (2);
          (4) to resist a lawful arrest for any act prohibited 
        by this section or any Act to which this section 
        applies;
          (5) to interfere with, delay, or prevent, by any 
        means, the apprehension, arrest, or detection of an 
        other person, knowing that such person has committed 
        any act prohibited by this section or any Act to which 
        this section applies; or
          (6) to forcibly assault, resist, oppose, impede, 
        intimidate, sexually harass, bribe, or interfere with--
                  (A) any observer on a vessel under this Act 
                or any Act to which this section applies; or
                  (B) any data collector employed by the 
                National Marine Fisheries Service or under 
                contract to any person to carry out 
                responsibilities under this Act or any Act to 
                which this section applies.
  (f) Civil Penalty.--Any person who commits any act that is 
unlawful under subsection (e) shall be liable to the United 
States for a civil penalty, and may be subject to a permit 
sanction, under section 308 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1858).
  (g) Criminal Penalty.--Any person who commits an act that is 
unlawful under paragraph (2), (3), (4), (5), or (6) of 
subsection (e) is deemed to be guilty of an offense punishable 
under section 309(b) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1859(b)).
  (h)  Utilization of Federal Agency Assets._ The President 
shall utilize appropriate assets of the Department of Defense, 
the United States Coast Guard, and other Federal agencies to 
detect, monitor, and prevent violations of the United Nations 
moratorium on large-scale driftnet fishing on the high seas for 
all fisheries under the jurisdiction of the United States and, 
in the case of fisheries not under the jurisdiction of the 
United States, to the fullest extent permitted under 
international law.

SEC. 607. BIENNIAL REPORT ON INTERNATIONAL COMPLIANCE.

                           [16 U.S.C. 1826h]

  The Secretary, in consultation with the Secretary of State, 
shall provide to Congress, by not later than 2 years after the 
date of enactment of the Magnuson-Stevens Fishery Conservation 
and Management Reauthorization Act of 2006, and every 2 years 
thereafter, a report that includes--
          (1) the state of knowledge on the status of 
        international living marine resources shared by the 
        United States or subject to treaties or agreements to 
        which the United States is a party, including a list of 
        all such fish stocks classified as overfished, 
        overexploited, depleted, endangered, or threatened with 
        extinction by any international or other authority 
        charged with management or conservation of living 
        marine resources;
          (2) a list of nations [whose vessels] that have been 
        identified under section 609(a) or 610(a), including 
        the specific offending activities and any subsequent 
        actions taken pursuant to section 609 or 610;
          (3) a description of efforts taken by nations on 
        those lists to comply take appropriate corrective 
        action consistent with sections 609 and 610, and an 
        evaluation of the progress of those efforts, including 
        steps taken by the United States to implement those 
        sections and to improve international compliance;
          (4) progress at the international level, consistent 
        with section 608, to strengthen the efforts of 
        international fishery management organizations to end 
        illegal, unreported, or unregulated fishing; and
          (5) steps taken by the Secretary at the international 
        level to adopt international measures comparable to 
        those of the United States to reduce impacts of fishing 
        and other practices on protected living marine 
        resources, if no international agreement to achieve 
        such goal exists, or if the relevant international 
        fishery or conservation organization has failed to 
        implement effective measures to end or reduce the 
        adverse impacts of fishing practices on such species.

SEC. 608. ACTION TO STRENGTHEN INTERNATIONAL FISHERY MANAGEMENT 
                    ORGANIZATIONS.

                           [16 U.S.C. 1826i]

  (a)  In General._The Secretary, in consultation with the 
Secretary of State, and in cooperation with relevant fishery 
management councils and any relevant advisory committees, shall 
take actions to improve the effectiveness of international 
fishery management organizations, or arrangements made pursuant 
to an international fishery agreement, in conserving and 
managing fish stocks under their jurisdiction. These actions 
shall include--
          (1) urging international fishery management 
        organizations to which the United States is a member--
                  (A) to incorporate multilateral market-
                related measures against member or nonmember 
                governments whose vessels engage in illegal, 
                unreported, or unregulated fishing;
                  (B) to seek adoption of lists that identify 
                fishing vessels and vessel owners engaged in 
                illegal, unreported, or unregulated fishing 
                that can be shared among all members and other 
                international fishery management organizations;
                  (C) to seek international adoption of a 
                centralized vessel monitoring system in order 
                to monitor and document capacity in fleets of 
                all nations involved in fishing in areas under 
                an international fishery management 
                organization's jurisdiction;
                  (D) to increase use of observers and 
                technologies needed to monitor compliance with 
                conservation and management measures 
                established by the organization, including 
                vessel monitoring systems and automatic 
                identification systems;
                  (E) to seek adoption of stronger port state 
                controls in all nations, particularly those 
                nations in whose ports vessels engaged in 
                illegal, unreported, or unregulated fishing 
                land or transship fish; and
                  (F) to adopt shark conservation measures, 
                including measures to prohibit removal of any 
                of the fins of a shark (including the tail) and 
                discarding the carcass of the shark at sea;
          (2) urging international fishery management 
        organizations to which the United States is a member, 
        as well as all members of those organizations, to adopt 
        and expand the use of market-related measures to combat 
        illegal, unreported, or unregulated fishing, 
        including--
                  (A) import prohibitions, landing 
                restrictions, or other market-based measures 
                needed to enforce compliance with international 
                fishery management organization measures, such 
                as quotas and catch limits;
                  (B) import restrictions or other market-based 
                measures to prevent the trade or importation of 
                fish caught by vessels identified 
                multilaterally as engaging in illegal, 
                unreported, or unregulated fishing; and
                  (C) catch documentation and certification 
                schemes to improve tracking and identification 
                of catch of vessels engaged in illegal, 
                unreported, or unregulated fishing, including 
                advance transmission of catch documents to 
                ports of entry;
          (3) seeking to enter into international agreements 
        that require measures for the conservation of sharks, 
        including measures to prohibit removal of any of the 
        fins of a shark (including the tail) and discarding the 
        carcass of the shark at sea, that are comparable to 
        those of the United States, taking into account 
        different conditions; and
          (4) urging other nations at bilateral, regional, and 
        international levels, including the Convention on 
        International Trade in Endangered Species of Fauna and 
        Flora and the World Trade Organization to take all 
        steps necessary, consistent with international law, to 
        adopt measures and policies that will prevent fish or 
        other living marine resources harvested by vessels 
        engaged in illegal, unreported, or unregulated fishing 
        from being traded or imported into their nation or 
        territories.
  (b) Disclosure of Information.--The Secretary, subject to the 
data confidentiality provisions in section 402 of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 
1881a), may disclose, as necessary and appropriate, 
information, including information collected under joint 
authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.) and the Atlantic Tunas 
Convention Act of 1975 (16 U.S.C. 971 et seq.), the Western and 
Central Pacific Fisheries Convention Implementation Act (16 
U.S.C. 6901 et seq.), any other statute implementing an 
international fishery agreement, to any other Federal or State 
government agency, the Food and Agriculture Organization of the 
United Nations, or the secretariat or equivalent of an 
international fishery management organization or arrangement 
made pursuant to an international fishery agreement, if such 
government, organization, or arrangement, respectively, has 
policies and procedures to protect such information from 
unintended or unauthorized disclosure.
  (c) IUU Vessel Lists.--The Secretary may--
          (1) develop, maintain, and make public a list of 
        vessels and vessel owners engaged in illegal, 
        unreported, or unregulated fishing or fishing-related 
        activities in support of illegal, unreported, or 
        unregulated fishing, including vessels or vessel owners 
        identified by an international fishery management 
        organization or arrangement made pursuant to an 
        international fishery agreement, that--
                  (A) the United States is party to; or
                  (B) the United States is not party to, but 
                whose procedures and criteria in developing and 
                maintaining a list of such vessels and vessel 
                owners are substantially similar to such 
                procedures and criteria adopted pursuant to an 
                international fishery agreement to which the 
                United States is a party; and
          (2) take appropriate action against listed vessels 
        and vessel owners, including action against fish, fish 
        parts, or fish products from such vessels, in 
        accordance with applicable United States law and 
        consistent with applicable international law, including 
        principles, rights, and obligations established in 
        applicable international fishery management agreements 
        and trade agreements.
  (d) Regulations.--The Secretary may promulgate regulations to 
implement this section.

SEC. 609. ILLEGAL, UNREPORTED, OR UNREGULATED FISHING.

                           [16 U.S.C. 1826j]

  (a) Identification.--
          (1)  Identification for actions of fishing vessels._
        The Secretary shall, based on a cumulative compilation 
        and analysis of data collected and provided by 
        international fishery management organizations and 
        other nations and organizations, identify, and list in 
        the report under section 607, a nation if [fishing 
        vessels of that nation are engaged, or have] a fishing 
        vessel of that nation is engaged or has been engaged at 
        any point during the preceding [2 years,] 3 years, in 
        illegal, unreported, or unregulated fishing--
          [(1)](A) that undermines the effectiveness of 
        measures required by an international fishery 
        management organization, taking into account whether 
        the relevant international fishery management 
        organization has failed to implement effective measures 
        to end the illegal, unreported, or unregulated fishing 
        activity by [vessels of] that nation or the nation is 
        not a party to, or does not maintain cooperating status 
        with, such organization; or
          [(2)](B) where no international fishery management 
        organization exists with a mandate to regulate the 
        fishing activity in question.
          (2) Identification for actions of nation.--Taking 
        into account the factors described under paragraph (1), 
        the Secretary shall identify, and list in such report, 
        a nation--
                  (A) if it is violating, or has violated at 
                any point during the preceding 3 years, 
                conservation and management measures required 
                under an international fishery management 
                agreement to which the United States is a party 
                and the violations undermine the effectiveness 
                of such measures; or
                  (B) if it is failing, or has failed in the 
                preceding 3-year period, to effectively address 
                or regulate illegal, unreported, or unregulated 
                fishing in areas described under paragraph 
                (1)(B).
          (3) Application to other entities.--Where the 
        provisions of this Act are applicable to nations, they 
        shall also be applicable, as appropriate, to other 
        entities that have competency to enter into 
        international fishery management agreements.
  [(b) Notification.--An identification under subsection (a) or 
section 610(a) is deemed to be an identification under section 
101(b)(1)(A) of the High Seas Driftnet Fisheries Enforcement 
Act (16 U.S.C. 1826a(b)(1)(A)), and the Secretary shall notify 
the President and that nation of such identification.]
  (b) Notification.--The Secretary shall notify the President 
and that nation of an identification made under subsection (a).
  (c) Consultation.--No later than 60 days after submitting a 
report to Congress under section 607, the Secretary, acting 
through the Secretary of State, shall--
          (1) notify nations listed in the report of the 
        requirements of this section;
          (2) initiate consultations for the purpose of 
        encouraging such nations to take the appropriate 
        corrective action with respect to the offending 
        activities of their fishing vessels identified in the 
        report; and
          (3) notify any relevant international fishery 
        management organization of the actions taken by the 
        United States under this section.
  (d) IUU Certification Procedure.--
          (1) Certification.--The Secretary shall establish a 
        procedure, consistent with the provisions of subchapter 
        II of chapter 5 of title 5, United States Code, for 
        determining if a nation identified under subsection (a) 
        and listed in the report under section 607 has taken 
        appropriate corrective action with respect to the 
        offending activities [of its fishing vessels] 
        identified in the report under section 607. The 
        certification procedure shall provide for notice and an 
        opportunity for comment by any such nation. The 
        Secretary shall determine, on the basis of the 
        procedure, and certify to the Congress no later than 90 
        days after the date on which the Secretary promulgates 
        a final rule containing the procedure, and biennially 
        thereafter in the report under section 607--
                  (A) whether the government of each nation 
                identified under subsection (a) has provided 
                documentary evidence that it has taken 
                corrective action with respect to the offending 
                activities [of its fishing vessels] identified 
                in the report; or
                  (B) whether the relevant international 
                fishery management organization has implemented 
                measures that are effective in ending the 
                illegal, unreported, or unregulated fishing 
                activity by vessels of that nation.
          (2) Alternative procedure.--The Secretary may 
        establish a procedure [for certification,] to 
        authorize, on a shipment-by-shipment, shipper-by-
        shipper, or other basis the importation of fish or fish 
        products from a vessel of a [harvesting] nation [not 
        certified under paragraph (1)] issued a negative 
        certification under paragraph (1) if the Secretary 
        determines that--
                  (A) the vessel has not engaged in illegal, 
                unreported, or unregulated fishing under an 
                international fishery management agreement to 
                which the United States is a party; or
                  (B) the vessel is not identified by an 
                international fishery management organization 
                as participating in illegal, unreported, or 
                unregulated fishing activities.
          (3) Effect of certification.--
                  (A) In general.--The provisions of section 
                101(a) and section 101(b)(3) and (4) of this 
                Act (16 U.S.C. 1826a(a), (b)(3), and (b)(4))--
                          (i) shall apply to any nation 
                        identified under subsection (a) [that 
                        has not been certified by the Secretary 
                        under this subsection, or] for which 
                        the Secretary has issued a negative 
                        certification under this subsection; 
                        but
                          (ii) shall not apply to any nation 
                        identified under subsection (a) for 
                        which the Secretary has issued a 
                        positive certification under this 
                        subsection.
                  (B) Exceptions.--Subparagraph (A)(i) does not 
                apply--
                          (i) to the extent that such 
                        provisions would apply to sport fishing 
                        equipment or to fish or fish products 
                        not managed under the applicable 
                        international fishery agreement; or
                          (ii) if there is no applicable 
                        international fishery agreement, to the 
                        extent that such provisions would apply 
                        to fish or fish products caught by 
                        vessels not engaged in illegal, 
                        unreported, or unregulated fishing.

           *       *       *       *       *       *       *


SEC. 610. EQUIVALENT CONSERVATION MEASURES.

                           [16 U.S.C. 1826k]

  (a) Identification.--The Secretary shall identify, and list 
in the report under section 607--
          (1) a nation if--
                  (A) fishing vessels of that nation are 
                engaged, or have been engaged during the 
                preceding [calendar year] 3 years in fishing 
                activities or [practices;] practices--
                          (i) in waters beyond any national 
                        jurisdiction that result in bycatch of 
                        a protected living marine resource; or
                          (ii) beyond the exclusive economic 
                        zone of the United States that result 
                        in bycatch of a protected living marine 
                        resource shared by the United States;
                  (B) the relevant international organization 
                for the conservation and protection of such 
                resources or the relevant international or 
                regional fishery organization has failed to 
                implement effective measures to end or reduce 
                such bycatch, or the nation is not a party to, 
                or does not maintain cooperating status with, 
                such organization; and
                  (C) the nation has not adopted a regulatory 
                program governing such fishing practices 
                designed to end or reduce such bycatch that is 
                comparable to that of the United States, taking 
                into account different conditions; and
          (2) a nation if--
                  (A) fishing vessels of that nation are 
                engaged, or have been engaged during the 
                preceding calendar year, in fishing activities 
                or practices in waters beyond any national 
                jurisdiction that target or incidentally catch 
                sharks; and
                  (B) the nation has not adopted a regulatory 
                program to provide for the conservation of 
                sharks, including measures to prohibit removal 
                of any of the fins of a shark (including the 
                tail) and discarding the carcass of the shark 
                at sea, that is comparable to that of the 
                United States, taking into account different 
                conditions.
  (b) Consultation and Negotiation.--The Secretary, acting 
through the Secretary of State, shall--
          [(1) notify, as soon as possible, other nations whose 
        vessels engage in fishing activities or practices 
        described in subsection (a), about the provisions of 
        this section and this Act;]
          (1) notify, as soon as possible, the President and 
        nations that have been identified under subsection (a), 
        and other nations whose vessels engage in fishing 
        activities or practices described in subsection (a), 
        about the provisions of this section and this Act;
          (2) initiate discussions as soon as possible with all 
        foreign governments which are engaged in, or which have 
        persons or companies engaged in, fishing activities or 
        practices described in subsection (a), for the purpose 
        of entering into bilateral and multilateral treaties 
        with such countries to protect such species;
          (3) seek agreements calling for international 
        restrictions on fishing activities or practices 
        described in subsection (a) through the United Nations, 
        the Food and Agriculture Organization's Committee on 
        Fisheries, and appropriate international fishery 
        management bodies; and
          (4) initiate the amendment of any existing 
        international treaty for the protection and 
        conservation of such species to which the United States 
        is a party in order to make such treaty consistent with 
        the purposes and policies of this section.
  (c) Conservation Certification Procedure.--
          (1) Determination.--The Secretary shall establish a 
        procedure consistent with the provisions of subchapter 
        II of chapter 5 of title 5, United States Code, for 
        determining whether the government of a harvesting 
        nation identified under subsection (a) and listed in 
        the report under section 607--
                  (A) has provided documentary evidence of the 
                adoption of a regulatory program governing the 
                conservation of the protected living marine 
                resource that is comparable to that of the 
                United States, taking into account different 
                conditions, and which, in the case of pelagic 
                longline fishing, includes mandatory use of 
                circle hooks, careful handling and release 
                equipment, and training and observer programs; 
                and
                  (B) has established a management plan 
                containing requirements that will assist in 
                gathering species-specific data to support 
                international stock assessments and 
                conservation enforcement efforts for protected 
                living marine resources.
          (2) Procedural requirement.--The procedure 
        established by the Secretary under paragraph (1) shall 
        include notice and opportunity for comment by any such 
        nation.
          (3) Certification.--The Secretary shall certify to 
        the Congress by January 31, 2007, and biennially 
        thereafter whether each such nation has provided the 
        documentary evidence described in paragraph (1)(A) and 
        established a management plan described in paragraph 
        (1)(B).
          [(4) Alternative procedure.--The Secretary shall 
        establish a procedure for certification, on a shipment-
        by-shipment, shipper-by-shipper, or other basis of fish 
        or fish products from a vessel of a harvesting nation 
        not certified under paragraph (3) if the Secretary 
        determines that such imports were harvested by 
        practices that do not result in bycatch of a protected 
        marine species, or were harvested by practices that--
                  [(A) are comparable to those of the United 
                States, taking into account different 
                conditions, and which, in the case of pelagic 
                longline fishing, includes mandatory use of 
                circle hooks, careful handling and release 
                equipment, and training and observer programs; 
                and]
          (4) Alternative procedure.--The Secretary may 
        establish a procedure to authorize, on a shipment-by-
        shipment, shipper-by-shipper, or other basis the 
        importation of fish or fish products from a vessel of a 
        nation issued a negative certification under paragraph 
        (1) if the Secretary determines that such imports were 
        harvested by practices that do not result in bycatch of 
        a protected marine species, or were harvested by 
        practices that--
                  (A) are comparable to those of the United 
                States, taking into account different 
                conditions; and
                  (B) include the gathering of species specific 
                data that can be used to support international 
                and regional stock assessments and conservation 
                efforts for protected living marine resources.
          (5) Effect of certification.--The provisions of 
        section 101(a) and section 101(b)(3) and (4) of this 
        Act (16 U.S.C. 1826a(a), (b)(3), and (b)(4)) (except to 
        the extent that such provisions apply to sport fishing 
        equipment or fish or fish products not caught by the 
        vessels engaged in illegal, unreported, or unregulated 
        fishing) shall apply to any nation identified under 
        subsection (a) [that has not been certified by the 
        Secretary under this subsection, or] for which the 
        Secretary has issued a negative certification under 
        this subsection, but shall not apply to any nation 
        identified under subsection (a) for which the Secretary 
        has issued a positive certification under this 
        subsection.

           *       *       *       *       *       *       *


              HIGH SEAS DRIFTNET FISHERIES ENFORCEMENT ACT


                            [106 Stat. 4900]

SEC. 101. DENIAL OF PORT PRIVILEGES AND SANCTIONS FOR HIGH SEAS LARGE-
                    SCALE DRIFTNET FISHING.

                           [16 U.S.C. 1826a]

  (a) Denial of Port Privileges.--
          (1) Publication of list.--Not later than 30 days 
        after the date of enactment of this Act and 
        periodically thereafter, the Secretary of Commerce, in 
        consultation with the Secretary of State, shall publish 
        a list of nations whose nationals or vessels conduct 
        large-scale driftnet fishing beyond the exclusive 
        economic zone of any nation.
          (2) Denial of port privileges.--The Secretary of the 
        Treasury shall, in accordance with [recognized 
        principles of] international law--
                  (A) withhold or revoke the clearance required 
                by section 4197 of the Revised Statutes of the 
                United States (46 App. U.S.C. 91) for any 
                large-scale driftnet fishing vessel that is 
                documented under the laws of the United States 
                or of a nation included on a list published 
                under paragraph [(1)] (1) or, as appropriate, 
                for fishing vessels of a nation that receives a 
                negative certification under section 609(d) or 
                section 610(e) of the High Seas Driftnet 
                Fishing Moratorium Protection Act (16 U.S.C. 
                1826j(d) and 1826k(c)); and
                  (B) deny entry of that vessel to any place in 
                the United States and to the navigable waters 
                of the United States, except for the purposes 
                of inspecting such vessel, conducting an 
                investigation, or taking other appropriate 
                enforcement action.
          (3) Notification of nation.--Before the publication 
        of a list of nations under paragraph (1), the Secretary 
        of State shall notify each nation included on that list 
        regarding--
                  (A) the effect of that publication on port 
                privileges of vessels of that nation under 
                paragraph (1); and
                  (B) any sanctions or requirements, under this 
                Act or any other law, that may be imposed on 
                that nation if nationals or vessels of that 
                nation continue to conduct large-scale driftnet 
                fishing beyond the exclusive economic zone of 
                any nation after December 31, 1992.
  (b) Sanctions.--
          (1) Identifications.--
                  (A) Initial identifications.--Not later than 
                January 10, 1993, the Secretary of Commerce 
                shall--
                          (i) identify each nation whose 
                        nationals or vessels are conducting 
                        large-scale driftnet fishing [or 
                        illegal, unreported, or unregulated 
                        fishing] beyond the exclusive economic 
                        zone of any nation; and
                          (ii) notify the President and that 
                        nation of the identification under 
                        clause (i).
                  (B) Additional identifications.--At any time 
                after January 10, 1993, whenever the Secretary 
                of Commerce has reason to believe that the 
                nationals or vessels of any nation are 
                conducting large-scale driftnet fishing [or 
                illegal, unreported, or unregulated fishing] 
                beyond the exclusive economic zone of any 
                nation, the Secretary of Commerce shall--
                          (i) identify that nation; and
                          (ii) notify the President and that 
                        nation of the identification under 
                        clause (i).
          (2) Consultations.--Not later than 30 days after a 
        nation is identified under paragraph (1)(B), the 
        President shall enter into consultations with the 
        government of that nation for the purpose of obtaining 
        an agreement that will effect the immediate termination 
        of large-scale driftnet fishing [or illegal, 
        unreported, or unregulated fishing] by the nationals or 
        vessels of that nation beyond the exclusive economic 
        zone of any nation.
          (3) Prohibition on imports of fish and fish products 
        and sport fishing equipment.--
                  (A) Prohibition.--The President--
                          (i) upon receipt of notification of 
                        the identification of a nation under 
                        paragraph [(1)(A);]  (1)(A) or a 
                        negative certification under section 
                        609(d) or section 610(c) of the High 
                        Seas Driftnet Fishing Moratorium 
                        Protection Act (16 U.S.C. 1826j(d) and 
                        1826k(c)); or
                          (ii) if the consultations with the 
                        government of a nation under paragraph 
                        (2) are not satisfactorily concluded 
                        within ninety days, shall direct the 
                        Secretary of the Treasury to prohibit 
                        the importation into the United States 
                        of fish and fish products and sport 
                        fishing equipment (as that term is 
                        defined in section 4162 of the Internal 
                        Revenue Code of 1986 (26 U.S.C. 4162)) 
                        from that nation.
                  (B) Implementation of prohibition.--With 
                respect to an import prohibition directed under 
                subparagraph (A), the Secretary of the Treasury 
                shall implement such prohibition not later than 
                the date that is forty-five days after the date 
                on which the Secretary has received the 
                direction from the President.
                  (C) Public notice of prohibition.--Before the 
                effective date of any import prohibition under 
                this paragraph, the Secretary of the Treasury 
                shall provide public notice of the impending 
                prohibition.
          (4) Additional economic sanctions.--
                  (A) Determination of effectiveness of 
                sanctions.--Not later than six months after the 
                date the Secretary of Commerce identifies a 
                nation under [paragraph (1),] paragraph (1) or 
                issues a negative certification under section 
                609(d) or section 610(c) of the High Seas 
                Driftnet Fishing Moratorium Protection Act (16 
                U.S.C. 1826j(d) and 1826k(c)), the Secretary 
                shall determine whether--
                          (i) any prohibition established under 
                        paragraph (3) is insufficient to cause 
                        that nation to terminate large-scale 
                        driftnet fishing [or illegal, 
                        unreported, or unregulated fishing] 
                        conducted by its nationals and vessels 
                        beyond the exclusive economic zone of 
                        any [nation] nation, or to address the 
                        offending activities for which a nation 
                        received a negative certification under 
                        section 609(d) or 610(c) of the High 
                        Seas Driftnet Fishing Moratorium 
                        Protection Act (16 U.S.C. 1826j(d), 
                        1826k(c)); or
                          (ii) that nation has retaliated 
                        against the United States as a result 
                        of that prohibition.
                  (B) Certification.--The Secretary of Commerce 
                shall certify to the President each affirmative 
                determination under subparagraph (A) with 
                respect to a nation.
                  (C) Effect of certification.--Certification 
                by the Secretary of Commerce under subparagraph 
                (B) is deemed to be a certification under 
                section 8(a) of the Fishermen's Protective Act 
                of 1967 (22 U.S.C. 1978(a)), as amended by this 
                Act.

SEC. 102. DURATION OF DENIAL OF PORT PRIVILEGES AND SANCTIONS.

                           [16 U.S.C. 1826b]

  Any denial of port privileges or sanction under section 101 
with respect to a nation shall remain in effect until such time 
as the Secretary of Commerce certifies to the President and the 
Congress that such nation has terminated large-scale driftnet 
fishing [or illegal, unreported, or unregulated fishing] by its 
nationals and vessels beyond the exclusive economic zone of any 
nation[.] or effectively addressed the offending activities for 
which the nation received a negative certification under 609(d) 
or 610(c) of the High Seas Driftnet Fishing Moratorium 
Protection Act (16 U.S.C. 1826j(d), 1826k(c)).

        ANTARCTIC MARINE LIVING RESOURCES CONVENTION ACT OF 1984


                        [16 U.S.C. 2431 et seq.]

SEC. 306. UNLAWFUL ACTIVITIES.

                            [16 U.S.C. 2435]

  It is unlawful for any person--
          (1) to engage in harvesting or other associated 
        activities in violation of the provisions of the 
        Convention or in violation of a conservation measure in 
        force with respect to the United States pursuant to 
        article IX of the Convention;
          (2) to violate any regulation promulgated under this 
        title;
          (3) to ship, transport, offer for sale, sell, 
        purchase, import, export, or have custody, control or 
        possession of, any Antarctic marine living resource (or 
        part or product thereof) [which he knows, or reasonably 
        should have known, was] harvested in violation of a 
        conservation measure in force with respect to the 
        United States pursuant to article IX of the Convention 
        or in violation of any regulation promulgated under 
        this title, without regard to the citizenship of the 
        person that harvested, or vessel that was used in the 
        harvesting of, the Antarctic marine living resource (or 
        part or product thereof);
          (4) to refuse to permit any authorized officer or 
        employee of the United States to board a vessel of the 
        United States or a vessel subject to the jurisdiction 
        of the United States for purposes of conducting any 
        search, investigation, or inspection in connection with 
        the enforcement of the Convention, this title, or any 
        regulations promulgated under this title;
          (5) to assault, resist, oppose, impede, intimidate, 
        or interfere with any authorized officer or employee of 
        the United States in the conduct of any search, 
        investigation, or inspection described in paragraph 
        (4);
          (6) to resist a lawful arrest or detention for any 
        act prohibited by this section; or
          (7) to interfere with, delay, or prevent, by any 
        means, the apprehension, arrest, or detention of 
        another person, knowing that such other person has 
        committed any act prohibited by this section.

SEC. 307. REGULATIONS.

                            [16 U.S.C. 2436]

  (a)  In General._The Secretary of Commerce, after 
consultation with the Secretary of State, the Secretary of the 
department in which the Coast Guard is operating, and the heads 
of other appropriate departments or agencies of the United 
States, shall promulgate such regulations as are necessary and 
appropriate to implement the provisions of this title.
  (b) Regulations To Implement Conservation Measures.--
          (1) In general.--Notwithstanding subsections (b), 
        (c), and (d) of section 553 of title 5, United States 
        Code, the Secretary of Commerce may publish in the 
        Federal Register a final regulation to implement any 
        conservation measure for which the Secretary of State 
        notifies the Commission under section 305(a)(1)--
                  (A) that has been in effect for 12 months or 
                less;
                  (B) that is adopted by the Commission; and
                  (C) with respect to which the Secretary of 
                State does not notify Commission in accordance 
                with section 305(a)(1) within the time period 
                allotted for objections under Article IX of the 
                Convention.
          (2) Entering into force.--Upon publication of such 
        regulation in the Federal Register, such conservation 
        measure shall enter into force with respect to the 
        United States.

SEC. 308. CIVIL PENALTIES.

                            [16 U.S.C. 2437]

  [(a) Assessment of Penalties.--
          [(1) Any person who is found by the Secretary of 
        Commerce, after notice and opportunity for a hearing in 
        accordance with subsection (b), to have committed any 
        act prohibited by section 306 shall be liable to the 
        United States for a civil penalty. The amount of the 
        civil penalty shall not exceed $5,000 for each 
        violation unless the prohibited act was knowingly 
        committed, in which case the amount of the civil 
        penalty shall not exceed $10,000 for each violation. 
        Each day of a continuing violation shall constitute a 
        separate violation for purposes of this subsection. The 
        amount of any civil penalty shall be assessed by the 
        Secretary of Commerce by written notice. In determining 
        the amount of such penalty, the Secretary of Commerce 
        shall take into account the nature, circumstances, 
        extent, and gravity of the prohibited acts committed, 
        and, with respect to the person committing the 
        violation, the degree of culpability, any history of 
        prior offenses, ability to pay, and such other matters 
        as justice may require, to the extent that such 
        information is reasonably available to the Secretary.
          [(2) The Secretary of Commerce may compromise, 
        modify, or remit, with or without conditions, any civil 
        penalty which is subject to imposition or which has 
        been imposed under this section, until such time as the 
        matter is referred to the Attorney General under 
        subsection (c) of this section.]
  (a) In General.--Any person who commits an act that is 
unlawful under section 306 shall be liable to the United States 
for a civil penalty, and may be subject to a permit sanction, 
under section 308 of the Magnuson-Stevens Fishery Conservation 
and Management Act (16 U.S.C. 1858).

           *       *       *       *       *       *       *


              NORTH PACIFIC ANADROMOUS STOCKS ACT OF 1992


                        [16 U.S.C. 5001 et seq.]

SEC. 810. UNLAWFUL ACTIVITIES.

                            [16 U.S.C. 5009]

  It is unlawful for any person or fishing vessel subject to 
the jurisdiction of the United States--
          (1) to fish for any anadromous fish in the Convention 
        area;
          (2) to retain on board any anadromous fish taken 
        incidentally in a fishery directed at nonanadromous 
        fish in the Convention area;
          (3) to fail to return immediately to the sea any 
        anadromous fish taken incidentally in a fishery 
        directed at nonanadromous fish in the Convention area;
          (4) to ship, transport, offer for sale, sell, 
        purchase, import, export, or have custody, control, or 
        possession of, any anadromous fish taken or retained in 
        violation of the Convention, this title, or any 
        regulation issued under this title;
          (5) to refuse to permit any enforcement officer to 
        board a fishing vessel subject to such person's control 
        for purchases of conducting any search, investigation, 
        or inspection in connection with the enforcement of the 
        Convention, this title, or any regulation issued under 
        this title;
          (6) to forcibly assault, resist, oppose, impede, 
        intimidate, or interfere with any enforcement officer 
        in the conduct of any search, investigation, or 
        inspection described in paragraph (5);
          (7) to resist a lawful arrest or detection for any 
        act prohibited by this section;
          (8) to interfere with, delay, or prevent, by any 
        means, the apprehension, arrest, or detection of 
        another person, knowing that such person has committed 
        any act prohibited by this section; or
          (9) to violate any provision of the Convention, this 
        title, or any regulation issued under this title.

[SEC. 811. PENALTIES.

                            [16 U.S.C. 5010]

  [(a) Civil Penalties.--
          [(1) Any person who is found by the Secretary of 
        Commerce, after notice and opportunity for a hearing in 
        accordance with section 554 of title 5, United States 
        Code, to have committed an act prohibited by section 
        810 shall be liable to the United States for a civil 
        penalty. The amount of the civil penalty shall not 
        exceed $100,000 for each violation. Each day of a 
        continuing violation shall constitute a separate 
        offense. The amount of such civil penalty shall be 
        assessed by the Secretary of Commerce, or the 
        Secretary's designee, by written notice. In determining 
        the amount of such penalty, the Secretary of Commerce 
        shall take into account the nature, circumstances, 
        extent, and gravity of the prohibited acts committed 
        and, with respect to the violation, the degree of 
        culpability, any history of prior offenses, ability to 
        pay, and such other matters as justice may require.
          [(2) Any person against whom a civil penalty is 
        assessed under paragraph (1) may obtain review thereof 
        in the appropriate court of the United States by filing 
        a complaint in such court within 30 days from the date 
        of such order and by simultaneously serving a copy of 
        such complaint by certified mail on the Secretary of 
        Commerce, the Attorney General, and the appropriate 
        United States Attorney. The Secretary of Commerce shall 
        promptly file in such court a certified copy of the 
        record upon which such violation was found or such 
        penalty imposed, as provided in section 2112 of title 
        28, United States Code. The findings and order of the 
        Secretary of Commerce shall be set aside by such court 
        if they are not found to be supported by substantial 
        evidence, as provided in section 706(2) of title 5, 
        United States Code.
          [(3) If any person fails to pay an assessment of a 
        civil penalty after it has become a final and 
        unappealable order, or after the appropriate court has 
        entered final judgment in favor of the Secretary of 
        Commerce, the matter shall be referred to the Attorney 
        General, who shall recover the amount assessed in any 
        appropriate district court of the United States. In 
        such action, the validity and appropriateness of the 
        final order imposing the civil penalty shall not be 
        subject to review.
          [(4) a fishing vessel (including its fishing gear, 
        furniture, appurtenances, stores, and cargo) used in 
        the commission of an act prohibited by section 810 
        shall be liable in rem for any civil penalty assessed 
        for such violation under paragraph (1) and may be 
        proceeded against in any district court of the United 
        States having jurisdiction thereof. Such penalty shall 
        constitute a maritime lien on such vessel that may be 
        recovered in an action in rem in the district court of 
        the United States having jurisdiction over the vessel.
          [(5) The Secretary of Commerce may compromise, 
        modify, or remit, with or without conditions, any civil 
        penalty that is subject to imposition or that has been 
        imposed under this section.
          [(6) For the purposes of conducting any hearing under 
        this section, the Secretary of Commerce may issue 
        subpoenas for the attendance and testimony of witnesses 
        and the production of relevant papers, books, and 
        documents, and may administer oaths. Witnesses summoned 
        shall be paid the same fees and mileage that are paid 
        to witnesses in the courts of the United States. In 
        case of contempt or refusal to obey a subpoena served 
        upon any person pursuant to this paragraph, the 
        district court of the United States for any district in 
        which such person is found, resides, or transacts 
        business, upon application by the United States and 
        after notice to such person, shall have jurisdiction to 
        issue an order requiring such person to appear and give 
        testimony before the Secretary of Commerce or to appear 
        and produce documents before the Secretary of Commerce, 
        or both, and any failure to obey such order of the 
        court may be punished by such court as a contempt 
        thereof.
  [(b) Offenses.--
          [(1) A person is guilty of an offense if the person 
        commits any act prohibited by section 810 (5), (6), 
        (7), or (8).
          [(2) Any offense described in paragraph (1) is a 
        class A misdemeanor punishable by a fine under title 
        18, United States code, or imprisonment for not more 
        than 6 months, or both; except that if in the 
        commission of any offense the person uses a dangerous 
        weapon, engages in conduct that causes bodily injury to 
        any enforcement officer, or places and such officer in 
        fear of imminent bodily injury, the offense is a felony 
        punishable by a fine under title 18, United States 
        Code, or imprisonment for not more than 10 years, or 
        both.
  [(c) Forfeiture.--
          [(1) Any fishing vessel (including its fishing gear, 
        furniture, appurtenances, stores, and cargo) used, and 
        any fish (or a fair market value thereof) taken or 
        retained, in any manner, in connection with or as a 
        result of the commission of any act prohibited by 
        section 810 shall be subject to forfeiture to the 
        United States. All or part of such vessel may, and all 
        such fish shall, be forfeited to the United States 
        pursuant to a civil proceeding under this section.
          [(2) Any district court of the United States shall 
        have jurisdiction, upon application of the Attorney 
        General on behalf of the United States, to order any 
        forfeiture authorized under paragraph (1) and any 
        action provided for under paragraph (4).
          [(3) if a judgment is entered for the United States 
        in a civil forfeiture proceeding under this section, 
        the Attorney General may seize any property or other 
        interest declared forfeited to the United States, which 
        has not previously been seized pursuant to this title 
        or for which security has not previously been obtained. 
        The provisions of the customs laws relating to--
                  [(A) the seizure, forfeiture, and 
                condemnation of property for violation of the 
                customs law;
                  [(B) the disposition of such property or the 
                proceeds from the sale thereof; and
                  [(C) the remission or mitigation of any such 
                forfeiture;
          [(1) shall apply to seizures and forfeitures 
        incurred, or alleged to have been incurred, under the 
        provisions of this title, unless such provisions are 
        inconsistent with the purposes, policy, and provisions 
        of this title.
          [(4)(A) Any officer authorized to serve any process 
        in rem that is issued by a court having jurisdiction 
        under section 809(b) shall--
                          [(i) stay the execution of such 
                        process; or
                          [(ii) discharge any fish seized 
                        pursuant to such process; upon receipt 
                        of a satisfactory bond or other 
                        security from any person claiming such 
                        property. Such bond or other security 
                        shall be conditioned upon such person 
                        delivering such property to the 
                        appropriate court upon order thereof, 
                        without any impairment of its value, or 
                        paying the monetary value of such 
                        property pursuant to an order of such 
                        court. Judgment shall be recoverable on 
                        such bond or other security against 
                        both the principal and any sureties in 
                        the event that any condition thereof is 
                        breached, as determined by such court.
                  [(B) Any fish seized pursuant to this title 
                may be sold, subject to the approval and 
                direction of the appropriate court, for not 
                less than the fair market value thereof. The 
                proceeds of any such sale shall be deposited 
                with such court pending the disposition of the 
                matter involved.
          [(5) For purposes of this section, it shall be a 
        rebuttable presumption that all fish found on board a 
        fishing vessel and which is seized in connection with 
        an act prohibited by section 810 were taken or retained 
        in violation of the Convention and this title.]

SEC. 811. ADDITIONAL PROHIBITIONS AND ENFORCEMENT.

  For additional prohibitions relating to this Act and 
enforcement of this Act, see section 606 of the High Seas 
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g).

                   PACIFIC SALMON TREATY ACT OF 1985


                        [16 U.S.C. 3631 et seq.]

SEC. 8. PROHIBITED ACTS AND PENALTIES.

                            [16 U.S.C. 3637]

  (a) Unlawful Acts.--It is unlawful for any person or vessel 
subject to the jurisdiction of the United States--
          (1) to violate any provision of this title, or of any 
        regulation adopted hereunder, or of any Fraser River 
        Panel regulation approved by the United States under 
        the Treaty;
          (2) to refuse to permit any officer authorized to 
        enforce the provisions of this title to board a fishing 
        vessel subject to such person's control for purposes of 
        conducting any search, investigation, or inspection in 
        connection with the enforcement of [this title] this 
        Act;
          (3) to forcibly assault, resist, oppose, impede, 
        intimidate, or interfere with any such authorized 
        officer in the conduct of any search, investigation, or 
        inspection described in [subparagraph (2);]  paragraph 
        (2);
          (4) to resist a lawful arrest for any act prohibited 
        by this section;
          (5) to ship, transport, offer for sale, sell, 
        purchase, import, export, or have custody, control, or 
        possession of, any fish taken or retained in violation 
        of [this title; or] this Act; or
          (6) to interfere with, delay, or prevent, by any 
        means, the apprehension or arrest of another person, 
        knowing that such other person has committed any act 
        prohibited by this section.
  [(b) Civil Penalty.--Any person who commits any act that is 
unlawful under subsection (a) of this section shall be liable 
to the United States for a civil penalty as provided by section 
308 of the Magnuson Act (16 U.S.C. 1858).
  [(c) Criminal Penalty.--Any person who commits an act that is 
unlawful under paragraph (2), (3), (4), or (6) of subsection 
(a) of this section shall be guilty of an offense punishable as 
provided by section 309(b) of the Magnuson Act (16 U.S.C. 
1859(b)).
  [(d) Forfeiture.--
          [(1) Any vessel (including its gear, furniture, 
        appurtenances, stores, and cargo) used in the 
        commission of an act which is prohibited under 
        subsection (a) of this section, and any fish (or the 
        fair market value thereof) taken or retained, in any 
        manner, in connection with or as a result of the 
        commission of any act which is prohibited by subsection 
        (a) of this section, shall be subject to forfeiture as 
        provided by section 310 of the Magnuson Act (16 U.S.C. 
        1860).
          [(2) Any fish seized pursuant to this title may be 
        disposed of pursuant to the order of a court of 
        competent jurisdiction or, if perishable, in a manner 
        prescribed by regulation of the Secretary.
  [(e) Enforcement Authority.--The Secretary and the Secretary 
of the Department in which the Coast Guard is operating shall 
enforce the provisions of this title and shall have the 
authority provided by subsections 311 (a), (b)(1), and (c) of 
the Magnuson Act (16 U.S.C. 1861 (a), (b)(1), and (c)).
  [(f) Jurisdiction.--The district courts of the United States 
shall have exclusive jurisdiction over any case or controversy 
arising under this section and may, at any time--
          [(1) enter restraining orders or prohibitions;
          [(2) issue warrants, process in rem, or other 
        process;
          [(3) prescribe and accept satisfactory bonds or other 
        security; and
          [(4) take such other actions as are in the interest 
        of justice.]
  (b) Additional Prohibitions and Enforcement.--For additional 
prohibitions relating to this Act and enforcement of this Act, 
see section 606 of the High Seas Driftnet Fishing Moratorium 
Protection Act (16 U.S.C. 1826g).

  WESTERN AND CENTRAL PACIFIC FISHERIES CONVENTION IMPLEMENTATION ACT


                        [16 U.S.C. 6901 et seq.]

SEC. 503. APPOINTMENT OF UNITED STATES COMMISSIONERS.

                            [16 U.S.C. 6902]

  (a) In General.--The United States shall be represented on 
the Commission by 5 United States Commissioners. The President 
shall appoint individuals to serve on the Commission at the 
pleasure of the President. In making the appointments, the 
President shall select Commissioners from among individuals who 
are knowledgeable or experienced concerning highly migratory 
fish stocks and commercial fishing in the Western and Central 
Pacific Ocean, one of whom shall be an officer or employee of 
the [Department of Commerce,] Federal Government, and one of 
whom shall be the chairman or a member of the Western Pacific 
Fishery Management Council, and one of whom shall be the 
chairman or a member of the Pacific Fishery Management Council. 
The Commissioners shall be entitled to adopt such rules of 
procedures as they find necessary and to select a chairman from 
among members who are officers or employees of the United 
States Government.

           *       *       *       *       *       *       *


SEC. 505. RULEMAKING AUTHORITY OF THE SECRETARY OF COMMERCE.

                            [16 U.S.C. 6904]

  (a) Promulgation of Regulations.--[The Secretary,]
          (1)  In general._ The Secretary, in consultation with 
        the Secretary of State and, with respect to enforcement 
        measures, the Secretary of the Department in which the 
        Coast Guard is operating, is authorized to promulgate 
        such regulations as may be necessary to carry out the 
        United States international obligations under the WCPFC 
        Convention and this title, including recommendations 
        and decisions adopted by the Commission. In cases where 
        the Secretary has discretion in the implementation of 
        one or more measures adopted by the Commission that 
        would govern fisheries under the authority of a 
        Regional Fishery Management Council, the Secretary may, 
        to the extent practicable within the implementation 
        schedule of the WCPFC Convention and any 
        recommendations and decisions adopted by the 
        Commission, promulgate such regulations in accordance 
        with the procedures established by the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 1801 
        et seq.).
  [(b)](2) Additions to Fishery Regimes and Regulations.--The 
Secretary may promulgate regulations applicable to all vessels 
and persons subject to the jurisdiction of the United States, 
including United States flag vessels wherever they may be 
operating, on such date as the Secretary shall prescribe.
  (b) Authority to Deny Port Privileges or Prohibit Fish 
Imports.--If the Secretary determines that another Commission 
member with a significant harvest of fish stocks covered by the 
Convention, or a significant amount of fishing occurring in its 
waters, is not complying with the Commission's conservation and 
management measures in an effective manner or in a manner 
comparable to compliance by vessels of the United States, the 
Secretary, in consultation with the Secretary of State, may 
take action with respect to such member to deny port privileges 
or apply prohibitions on imports of fish and fish products in 
the same manner as provided for high-seas large-scale driftnet 
fishing in the High Seas Driftnet Fisheries Enforcement Act (16 
U.S.C. 1826a et seq.).
  (c) Prohibition on Transfer of Fishing Capacity, Fishing 
Capacity Rights, or Fishing Vessels.--The Secretary shall not 
make any agreement, take any action, or promulgate any 
regulation which requires the transfer, to other nations or 
foreign entities, of the fishing capacity, fishing capacity 
rights, or fishing vessels of the United States or its 
territories.

SEC. 506. ENFORCEMENT.

[16 U.S.C. 6905]

           *       *       *       *       *       *       *


  [(c) Actions by the Secretary.--The Secretary shall prevent 
any person from violating this title in the same manner, by the 
same means, and with the same jurisdiction, powers, and duties 
as though all applicable terms and provisions of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 
1857) were incorporated into and made a part of this title. Any 
person that violates any provision of this title is subject to 
the penalties and entitled to the privileges and immunities 
provided in the Magnuson-Stevens Fishery Conservation and 
Management Act in the same manner, by the same means, and with 
the same jurisdiction, power, and duties as though all 
applicable terms and provisions of that Act were incorporated 
into and made a part of this title.]
  (c) Additional Prohibitions and Enforcement.--For additional 
prohibitions relating to this Act and enforcement of this Act, 
see section 606 of the High Seas Driftnet Fishing Moratorium 
Protection Act (16 U.S.C. 1826g).

           *       *       *       *       *       *       *


SEC. 507. PROHIBITED ACTS.

                            [16 U.S.C. 6906]

  (a) In General.--It is unlawful for any person--
          (1) to violate any provision of this title or any 
        regulation or permit issued pursuant to this title;
          (2) to use any fishing vessel to engage in fishing 
        after the revocation, or during the period of 
        [suspension, on] suspension, of an applicable permit 
        issued pursuant to this title;
          (3) to refuse to permit any officer authorized to 
        enforce the provisions of this title to board a fishing 
        vessel subject to such person's control for the 
        purposes of conducting any search, investigation, or 
        inspection in connection with the enforcement of this 
        title or any regulation, permit, or the Convention;
          (4) to forcibly assault, resist, oppose, impede, 
        intimidate, or interfere with any such authorized 
        officer in the conduct of any search, investigations, 
        or inspection in connection with the enforcement of 
        this title or any regulation, permit, or the 
        Convention;
          (5) to resist a lawful arrest for any act prohibited 
        by this title;
          (6) to ship, transport, offer for sale, sell, 
        purchase, import, export, or have custody, control, or 
        possession of, any fish taken or retained in violation 
        of this title or any regulation, permit, or agreement 
        referred to in paragraph (1) or (2);
          (7) to interfere with, delay, or prevent, by any 
        means, the apprehension or arrest of another person, 
        knowing that such other person has committed any 
        chapter prohibited by this section;
          (8) to knowingly and willfully submit to the 
        Secretary false information (including false 
        information regarding the capacity and extent to which 
        a United States fish processor, on an annual basis, 
        will process a portion of the optimum yield of a 
        fishery that will be harvested by fishery vessels of 
        the United States), regarding any matter that the 
        Secretary is considering in the course of carrying out 
        this title;
          (9) to forcibly assault, resist, oppose, impede, 
        intimidate, sexually harass, bribe, or interfere with 
        any observer on a vessel under this title, or any data 
        collector employed by the National Marine Fisheries 
        Service or under contract to any person to carry out 
        responsibilities under this title;
          (10) to engage in fishing in violation of any 
        regulation adopted pursuant to section 506(a) of this 
        title;
          (11) to ship, transport, purchase, sell, offer for 
        sale, import, export, or have in custody, possession, 
        or control any fish taken or retained in violation of 
        such regulations;
          (12) to fail to make, keep, or furnish any catch 
        returns, statistical records, or other reports as are 
        required by regulations adopted pursuant to this title 
        to be made, kept, or furnished;
          (13) to fail to stop a vessel upon being hailed and 
        instructed to stop by a duly authorized official of the 
        United States;
          (14) to import, in violation of any regulation 
        adopted pursuant to section 506(a) of this title, any 
        fish in any form of those species subject to regulation 
        pursuant to a recommendation, resolution, or decision 
        of the Commission, or any tuna in any form not under 
        regulation but under investigation by the Commission, 
        during the period such fish have been denied entry in 
        accordance with the provisions of section 506(a) of 
        this title.
  (b) Entry Certification.--In the case of any fish described 
in subsection (a) offered for entry into the United States, the 
Secretary of Commerce shall require proof satisfactory to the 
Secretary that such fish is not ineligible for such entry under 
the terms of section 506(a) of this title.

                 ATLANTIC TUNAS CONVENTION ACT OF 1975


                        [16 U.S.C. 971 et seq.]

SEC. 6. ADMINISTRATION.

[16 U.S.C. 971d]

           *       *       *       *       *       *       *


  (c) Regulations and Other Measures to Carry Out Commission 
Recommendations.--
          (1)(A) Upon favorable action by the Secretary of 
        State under section 5(a) of this Act on any 
        recommendation of the Commission made pursuant to 
        article VIII of the Convention, the Secretary shall 
        promulgate, pursuant to this subsection, such 
        regulations as may be necessary and appropriate to 
        carry out such recommendation.
                  (B) Not later than June 30, 1991, the 
                Secretary shall promulgate any additional 
                regulations necessary to ensure that the United 
                States is in full compliance with all 
                recommendations made by the Commission that 
                have been accepted by the United States and 
                with other agreements under the Convention 
                between the United States and any nation which 
                is a party to the Convention.
                  (C) Regulations promulgated under this 
                paragraph shall, to the extent practicable, be 
                consistent with fishery management plans 
                prepared and implemented under the Magnuson-
                Stevens Fishery Conservation and Management Act 
                (16 U.S.C. 1801 et seq.).
          (2)(A) To promulgate regulations referred to in 
        paragraph (1) of this subsection, the Secretary shall 
        publish in the Federal Register a general notice of 
        proposed rulemaking and shall afford interested persons 
        an opportunity to participate in the rulemaking through 
        [(A)] (i) submission of written data, views, or 
        arguments, and [(B)] (ii) oral presentation at a public 
        hearing. Such regulations shall be published in the 
        Federal Register and shall be accompanied by a 
        statement of the considerations involved in the 
        issuance of the regulations, and by a statement, based 
        on inquiries and investigations, assessing the nature 
        and effectiveness of the measures for the 
        implementation of the Commission's recommendations 
        which are being or will be carried out by countries 
        whose vessels engage in fishing the species subject to 
        such recommendations within the waters to which the 
        Convention applies. After publication in the Federal 
        Register, such regulations shall be applicable to all 
        vessels and persons subject to the jurisdiction of the 
        United States on such date as the Secretary shall 
        prescribe. The Secretary shall suspend at any time the 
        application of any such regulation when, after 
        consultation with the Secretary of State and the United 
        States Commissioners, he determines that fishing 
        operations in the Convention area of a contracting 
        party for whom the regulations are effective are such 
        as to constitute a serious threat to the achievement of 
        the Commission's recommendations.
                  (B) Notwithstanding the requirements of 
                subparagraph (A) and subsections (b) and (c) of 
                section 553 of title 5, United States Code, the 
                Secretary may issue final regulations to 
                implement Commission recommendations referred 
                to in paragraph (1) concerning trade 
                restrictive measures against nations or fishing 
                entities.
          (3) The regulations required to be promulgated under 
        paragraph (1) of this subsection may--
                  (A) select for regulation one or more of the 
                species covered by the Convention;
                  (B) divide the Convention waters into areas;
                  (C) establish one or more open or closed 
                seasons as to each such area;
                  (D) limit the size of the fish and quantity 
                of the catch which may be taken from each area 
                within any season during which fishing is 
                allowed;
                  (E) limit or prohibit the incidental catch of 
                a regulated species which may be retained, 
                taken, possessed, or landed by vessels or 
                persons fishing for other species of fish;
                  (F) require records of operations to be kept 
                by any master or other person in charge of any 
                fishing vessel;
                  (G) require such clearance certificates for 
                vessels as may be necessary to carry out the 
                purposes of the Convention and this Act;
                  (H) require proof satisfactory to the 
                Secretary that any fish subject to regulation 
                pursuant to a recommendation of the Commission 
                offered for entry into the United States has 
                not been taken or retained contrary to the 
                recommendations of the Commission made pursuant 
                to article VIII of the Convention which have 
                been adopted as regulations pursuant to this 
                section;
                  (I) require any commercial or recreational 
                fisherman to obtain a permit from the Secretary 
                and report the quantity of the catch of a 
                regulated species;
                  (J) require that observers be carried aboard 
                fishing vessels for the purpose of providing 
                statistically reliable scientific data; and
                  (K) impose such other requirements and 
                provide for such other measures as the 
                Secretary may determine necessary to implement 
                any recommendation of the Convention or to 
                obtain scientific data necessary to accomplish 
                the purpose of the Convention;
          except that no regulation promulgated under this 
        section may have the effect of increasing or decreasing 
        any allocation or quota of fish or fishing mortality 
        level to the United States agreed to pursuant to a 
        recommendation of the Commission.
          (4) Upon the promulgation of regulations provided for 
        in paragraph (3) of this subsection, the Secretary 
        shall promulgate, with the concurrence of the Secretary 
        of State and pursuant to the procedures prescribed in 
        paragraph (2) of this subsection, additional 
        regulations which shall become effective simultaneously 
        with the application of the regulations provided for in 
        paragraph (3) of this subsection, which prohibit--
                  (A) the entry into the United States of fish 
                in any form of those species which are subject 
                to regulation pursuant to a recommendation of 
                the Commission and which were taken from the 
                Convention area in such manner or in such 
                circumstances as would tend to diminish the 
                effectiveness of the conservation 
                recommendations of the Commission; and
                  (B) the entry into the United States, from 
                any country when the vessels of such country 
                are being used in the conduct of fishing 
                operations in the Convention area in such 
                manner or in such circumstances as would tend 
                to diminish the effectiveness of the 
                conservation recommendations of the Commission, 
                of fish in any form of those species which are 
                subject to regulation pursuant to a 
                recommendation of the Commission and which were 
                taken from the Convention area.
          (5) In the case of repeated and flagrant fishing 
        operations in the Convention area by the vessels of any 
        country which seriously threaten the achievement of the 
        objectives of the Commission's recommendations, the 
        Secretary with the concurrence of the Secretary of 
        State, may by regulations promulgated pursuant to 
        paragraph (2) of this subsection prohibit the entry in 
        any form from such country of other species covered by 
        the Convention as may be under investigation by the 
        Commission and which were taken in the Convention area. 
        Any such prohibition shall continue until the Secretary 
        is satisfied that the condition warranting the 
        prohibition no longer exists, except that all fish in 
        any form of the species under regulation which were 
        previously prohibited from entry shall continue to be 
        prohibited from entry.
          (6) Identification and notification.--
                  (A) Not later than July 1, 1996, and annually 
                thereafter, the Secretary, in consultation with 
                the Secretary of State, the Commissioners, and 
                the advisory committee, shall--
                          (i) identify those nations whose 
                        fishing vessels are fishing, or have 
                        fished during the preceding calendar 
                        year, within the convention area in a 
                        manner or under circumstances that 
                        diminish the effectiveness of a 
                        conservation recommendation;
                          (ii) notify the President and the 
                        nation so identified, including an 
                        explanation of the reasons therefor; 
                        and
                          (iii) publish a list of those Nations 
                        identified under clause (i).
                  (B) In identifying those Nations, the 
                Secretary shall consider, based on the best 
                available information, whether those Nations 
                have measures in place for reporting, 
                monitoring, and enforcement, and whether those 
                measures diminish the effectiveness of any 
                conservation recommendation.
          (7) Consultation.--Not later than 30 days after a 
        Nation is notified under paragraph (6), the President 
        may enter into consultations with the Government of 
        that Nation for the purpose of obtaining an agreement 
        that will--
                  (A) effect the immediate termination and 
                prevent the resumption of any fishing operation 
                by vessels of that Nation within the Convention 
                area which is conducted in a manner or under 
                circumstances that diminish the effectiveness 
                of the conservation recommendation;
                  (B) when practicable, require actions by that 
                Nation, or vessels of that Nation, to mitigate 
                the negative impacts of fishing operations on 
                the effectiveness of the conservation 
                recommendation involved, including but not 
                limited to, the imposition of subsequent-year 
                deductions for quota overages; and
                  (C) result in the establishment, if 
                necessary, by such Nation of reporting, 
                monitoring, and enforcement measures that are 
                adequate to ensure the effectiveness of 
                conservation recommendations.

           *       *       *       *       *       *       *


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

                            [16 U.S.C. 971e]

  (a) In General.--It shall be unlawful--
          (1) for any person in charge of a fishing vessel or 
        any fishing vessel subject to the jurisdiction of the 
        United States to engage in fishing in violation of any 
        regulation adopted pursuant to section 6 of this Act; 
        or
          (2) for any person subject to the jurisdiction of the 
        United States to ship, transport, purchase, sell, offer 
        for sale, import, export, or have in custody, 
        possession, or control any fish which he knows, or 
        should have known, were taken or retained contrary to 
        the recommendations of the Commission made pursuant to 
        article VIII of the Convention and adopted as 
        regulations pursuant to section 6 of this Act, without 
        regard to the citizenship of the person or vessel which 
        took the fish.
  (b) Failure to Furnish Returns, Records, or Reports.--It 
shall be unlawful for the master or any person in charge of any 
fishing vessel subject to the jurisdiction of the United States 
to fail to make, keep, or furnish any catch returns, 
statistical records, or other reports as are required by 
regulations adopted pursuant to this Act to be made, kept, or 
furnished by such master or person.
  (c) Refusal of Request to Board and Inspect Vessel.--It shall 
be unlawful for the master or any person in charge of any 
fishing vessel subject to the jurisdiction of the United States 
to refuse to permit any person authorized to enforce the 
provisions of this Act and any regulations adopted pursuant 
thereto, to board such vessel and inspect its catch, equipment, 
books, documents, records, or other articles or question the 
persons onboard in accordance with the provisions of this Act, 
or the Convention, as the case may be, or to obstruct such 
officials in the execution of such duties.
  (d) Importation of Ineligible Species or Species Under 
Investigation.--It shall be unlawful for any person to import, 
in violation of any regulation adopted pursuant to section 6(c) 
or (d) of this Act, from any country, any fish in any form of 
those species subject to regulation pursuant to a 
recommendation of the Commission, or any fish in any form not 
under regulation but under investigation by the Commission, 
during the period such fish have been denied entry in 
accordance with the provisions of section 6(c) or (d) of this 
Act. In the case of any fish as described in this subsection 
offered for entry in the United States, the Secretary shall 
require proof satisfactory to him that such fish is not 
ineligible for such entry under the terms of section 6(c) or 
(d) of this Act.
  [(e) Sanctions.--The civil penalty and permit sanctions of 
section 308 of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1858) are hereby made applicable to 
violations of this section as if they were violations of 
section 307 of that Act.
  [(f) Forfeiture.--All fish taken or retained in violation of 
subsection (a) of this section, or the monetary value thereof, 
may be forfeited.]
  [(g)](e) Applicability of Other Laws.--All provisions of law 
relating to the seizure, judicial forfeiture, and condemnation 
of a cargo for violation of the customs laws, the disposition 
of such cargo or the proceeds from the sale thereof, and the 
remission or mitigation of such forfeitures shall apply to 
seizures and forfeitures incurred, or alleged to have been 
incurred, under the provisions of this Act, insofar as such 
provisions of law are applicable and not inconsistent with the 
provisions of this Act.

SEC. 8. ENFORCEMENT.

                            [16 U.S.C. 971f]

  [(a) Particular Powers.--Any person authorized in accordance 
with the provisions of this Act to enforce the provisions of 
this Act and the regulations issued thereunder may--
          [(1) with or without a warrant, board any vessel 
        subject to the jurisdiction of the United States and 
        inspect such vessel and its catch and, if as a result 
        of such inspection, he has reasonable cause to believe 
        that such vessel or any person on board is engaging in 
        operations in violation of this Act or any regulations 
        issued thereunder, he may, with or without a warrant or 
        other process, arrest such person;
          [(2) arrest, with or without a warrant, any person 
        who violates the provisions of this Act or any 
        regulation issued thereunder in his presence or view;
          [(3) execute any warrant or other process issued by 
        an officer or court of competent jurisdiction; and
          [(4) seize, whenever and wherever lawfully found, all 
        fish taken or retained by a vessel subject to the 
        jurisdiction of the United States in violation of the 
        provisions of this Act or any regulations issued 
        pursuant thereto. Any fish so seized may be disposed of 
        pursuant to an order of a court of competent 
        jurisdiction, or, if perishable, in a manner prescribed 
        by regulation of the Secretary.]
  (a) For additional prohibitions relating to this Act and 
enforcement of this Act, see section 606 of the High Seas 
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g).
  (b) International Enforcement.--To the extent authorized 
under the convention or by agreements between the United States 
and any contracting party concluded pursuant to section 5(b) of 
this Act for international enforcement, the duly authorized 
officials of such party shall have the authority to carry out 
[the enforcement activities specified in section 8(a) of this 
Act] enforcement activities with respect to this Act that are 
otherwise authorized by law with respect to persons or vessels 
subject to the jurisdiction of the United States, and the 
officials of the United States authorized pursuant to this 
section shall have the authority to carry out the enforcement 
activities specified in section 8(a) of this Act with respect 
to persons or vessels subject to the jurisdiction of such 
party, except that where any agreement provides for arrest or 
seizure of persons or vessels under United States jurisdiction 
it shall also provide that the person or vessel arrested or 
seized shall be promptly handed over to a United States 
enforcement officer or another authorized United States 
official.
  [(c) Bonds or Stipulations.--Notwithstanding the provisions 
of section 2464 of title 28, United States Code, when a warrant 
of arrest or other process in rem is issued in any cause under 
this section, the marshal or other officer shall stay the 
execution of such process, or discharge any fish seized if the 
process has been levied, on receiving from the claimant of the 
fish a bond or stipulation for the value of the property with 
sufficient surety to be approved by a judge of the district 
court having jurisdiction of the offense, conditioned to 
deliver the fish seized, if condemned, without impairment in 
value or, in the discretion of the court, to pay its equivalent 
value in money or otherwise to answer the decree of the court 
in such cause. Such bond or stipulation shall be returned to 
the court and judgment thereon against both the principal and 
sureties may be recovered in event of any breach of the 
conditions thereof as determined by the court. In the 
discretion of the accused, and subject to the direction of the 
court, the fish may be sold for not less than its reasonable 
market value at the time of seizure and the proceeds of such 
sale placed in the registry of the court pending judgment in 
the case.]

[SEC. 11. ANNUAL REPORT.

                            [16 U.S.C. 971j]

  [Not later than April 1, 1996, and annually thereafter, the 
Secretary shall prepare and transmit to the Committee on 
Resources of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report, 
that--
          [(1) details for the previous 10-year period the 
        catches and exports to the United States of highly 
        migratory species (including tunas, swordfish, marlin 
        and sharks) from Nations fishing on Atlantic stocks of 
        such species that are subject to management by the 
        Commission;
          [(2) identifies those fishing Nations whose harvests 
        are inconsistent with conservation and management 
        recommendations of the Commission;
          [(3) describes reporting requirements established by 
        the Secretary to ensure that imported fish products are 
        in compliance with all international management 
        measures, including minimum size requirements, 
        established by the Commission and other international 
        fishery organizations to which the United States is a 
        party; and
          [(4) describes actions taken by the Secretary under 
        section 6.]

SEC. [12.]11. SAVINGS CLAUSE.

                            [16 U.S.C. 971k]

  Nothing in this Act shall have the effect of diminishing the 
rights and obligations of any Nation under Article VIII(3) of 
the Convention.

SEC. [13.]12. SEPARABILITY.

                          [16 U.S.C. 971 note]

  If any provision of this Act or the application of such 
provision to any circumstance or persons shall be held invalid, 
the validity of the remainder of the Act and the applicability 
of such provision to other circumstances or persons shall not 
be affected thereby.

                HIGH SEAS FISHING COMPLIANCE ACT OF 1995


                        [16 U.S.C. 5501 et seq.]

SEC. 104. PERMITTING.

[16 U.S.C. 5503]

           *       *       *       *       *       *       *


  [(f) Duration.--A permit issued under this section is valid 
for 5 years. A permit issued under this section is void in the 
event the vessel is no longer eligible for United States 
documentation, such documentation is revoked or denied, or the 
vessel is deleted from such documentation.]
  (f) Validity.--A permit issued under this section for a 
vessel is void if--
          (1) any other permit or authorization required for 
        the vessel to fish is expired, revoked, or suspended; 
        or
          (2) the vessel is no longer documented under the laws 
        of the United States or eligible for such 
        documentation.

                FISHERY CONSERVATION AMENDMENTS OF 1990


                            [104 Stat. 4436]

SEC. 901. DOLPHIN PROTECTION.

  (a) Short Title.--This section may be cited as the ``Dolphin 
Protection Consumer Information Act''.

           *       *       *       *       *       *       *

  [(e) Enforcement.--Any person who knowingly and willfully 
makes a statement or endorsement described in subsection 
(d)(2)(B) that is false is liable for a civil penalty of not to 
exceed $100,000 assessed in an action brought in any 
appropriate district court of the United States on behalf of 
the Secretary.]
  (e) Additional Prohibitions and Enforcement.--For additional 
prohibitions relating to this Act and enforcement of this Act, 
see section 606 of the High Seas Driftnet Fishing Moratorium 
Protection Act (16 U.S.C. 1826g).

           *       *       *       *       *       *       *


                  NORTHERN PACIFIC HALIBUT ACT OF 1982


                        [16 U.S.C. 773 et seq.]

SEC. 7. PROHIBITED ACTS.

                            [16 U.S.C. 773e]

  It is unlawful--
   [(a)] (1) for any person subject to the jurisdiction of the 
United States--
          [(1)] (A) to violate any provision of the Convention 
        [unclassified], this Act or any regulation adopted 
        under this Act;
          [(2)] (B) to refuse to permit any enforcement officer 
        to board a fishing vessel subject to such person's 
        control for purposes of conducting any search, 
        investigation, or inspection in connection with the 
        enforcement of the Convention [unclassified], this Act 
        or any regulation adopted under this Act;
          [(3)] (C) to forcibly assault, resist, oppose, 
        impede, intimidate or interfere with any enforcement 
        officer in the conduct of any search, investigation, or 
        inspection described in paragraph (2);
          [(4)] (D) to resist a lawful arrest or detention for 
        any act prohibited by this section;
          [(5)] (E) to ship, transport, offer for sale, sell, 
        purchase, import, export or have custody, control or 
        possession of, any fish taken or retained in violation 
        of the Convention [unclassified], this Act, or any 
        regulation adopted under this Act; or
          [(6)] (F) to interfere with, delay or prevent, by any 
        means, the apprehension, arrest or detention of another 
        person, knowing that such person has committed any act 
        prohibited by this [section.] section; or
  [(b)] (2) for any foreign fishing vessel, and for the owner 
or operator of any foreign fishing vessel, to engage in fishing 
for halibut in the fishery conservation zone, unless such 
fishing is authorized by, and conducted in accordance with the 
Convention [unclassified], this Act and regulations adopted 
under this Act.

          NORTHWEST ATLANTIC FISHERIES CONVENTION ACT OF 1995


                        [16 U.S.C. 5601 et seq.]

SEC. 207. PROHIBITED ACTS [AND PENALTIES] AND ENFORCEMENT.

                            [16 U.S.C. 5606]

  (a) Prohibition.--It is unlawful for any person or vessel 
that is subject to the jurisdiction of the United States--
          (1) to violate any regulation issued under this title 
        or any measure that is legally binding on the United 
        States under the Convention;
          (2) to refuse to permit any authorized enforcement 
        officer to board a fishing vessel that is subject to 
        the person's control for purposes of conducting any 
        search, investigation, or inspection in connection with 
        the enforcement of this title, any regulation issued 
        under this title, or any measure that is legally 
        binding on the United States under the Convention;
          (3) forcibly to assault, resist, oppose, impede, 
        intimidate, or interfere with any authorized 
        enforcement officer in the conduct of any search, 
        investigation, or inspection described in paragraph 
        (2);
          (4) to resist a lawful arrest for any act prohibited 
        by this section;
          (5) to ship, transport, offer for sale, sell, 
        purchase, import, export, or have custody, control, or 
        possession of, any fish taken or retained in violation 
        of this section; or
          (6) to interfere with, delay, or prevent, by any 
        means, the apprehension or arrest of another person, 
        knowing that the other person has committed an act 
        prohibited by this section.
  [(b) Civil Penalty.--Any person who commits any act that is 
unlawful under subsection (a) shall be liable to the United 
States for a civil penalty, or may be subject to a permit 
sanction, under section 308 of the Magnuson Act (16 U.S.C. 
1858).
  [(c) Criminal Penalty.--Any person who commits an act that is 
unlawful under paragraph (2), (3), (4), or (6) of subsection 
(a) shall be guilty of an offense punishable under section 
309(b) of the Magnuson Act (16 U.S.C. 1859(b)).
  [(d) Civil Forfeitures.--
          [(1) In general.--Any vessel (including its gear, 
        furniture, appurtenances, stores, and cargo) used in 
        the commission of an act that is unlawful under 
        subsection (a), and any fish (or the fair market value 
        thereof) taken or retained, in any manner, in 
        connection with or as a result of the commission of any 
        act that is unlawful under subsection (a), shall be 
        subject to seizure and forfeiture as provided in 
        section 310 of the Magnuson Act (16 U.S.C. 1860).
          [(2) Disposal of fish.--Any fish seized pursuant to 
        this title may be disposed of pursuant to the order of 
        a court of competent jurisdiction or, if perishable, in 
        a manner prescribed by regulations issued by the 
        Secretary.
  [(e) Enforcement.--The Secretary and the Secretary of the 
department in which the Coast Guard is operating shall enforce 
the provisions of this title and shall have the authority 
specified in section 311(a), (b)(1), and (c) of the Magnuson 
Act (16 U.S.C. 1861(a), (b)(1), and (c)) for that purpose.
  [(f) Jurisdiction of Courts.--The district courts of the 
United States shall have exclusive jurisdiction over any case 
or controversy arising under this section and may, at any 
time--
          [(1) enter restraining orders or prohibitions;
          [(2) issue warrants, process in rem, or other 
        process;
          [(3) prescribe and accept satisfactory bonds or other 
        security; and
          [(4) take such other actions as are in the interests 
        of justice.]
  (b) Additional Prohibitions and Enforcement.--For additional 
prohibitions relating to this Act and enforcement of this Act, 
see section 606 of the High Seas Driftnet Fishing Moratorium 
Protection Act (16 U.S.C. 1826g).

        MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT


                        [16 U.S.C. 1801 et seq.]

SEC. 307. PROHIBITED ACTS.

                            [16 U.S.C. 1857]

  It is unlawful--
          (1) for any person--
                  (A) to violate any provision of this Act or 
                any regulation or permit issued pursuant to 
                this Act;
                  (B) to use any fishing vessel to engage in 
                fishing after the revocation, or during the 
                period of suspension, of an applicable permit 
                issued pursuant to this Act;
                  (C) to violate any provision of, or 
                regulation under, an applicable governing 
                international fishery agreement entered into 
                pursuant to section 201(c);
                  (D) to refuse to permit any officer 
                authorized to enforce the provisions of this 
                Act (as provided for in section 311) to board a 
                fishing vessel subject to such person's control 
                for purposes of conducting any search or 
                inspection in connection with the enforcement 
                of this Act or any regulation, permit, or 
                agreement referred to in subparagraph (A) or 
                (C);
                  (E) to forcibly assault, resist, oppose, 
                impede, intimidate, or interfere with any such 
                authorized officer in the conduct of any search 
                or inspection described in subparagraph (D);
                  (F) to resist a lawful arrest for any act 
                prohibited by this section;
                  (G) to ship, transport, offer for sale, sell, 
                purchase, import, export, or have custody, 
                control, or possession of, any fish taken or 
                retained in violation of this Act or any 
                regulation, permit, or agreement referred to in 
                subparagraph (A) or (C);
                  (H) to interfere with, delay, or prevent, by 
                any means, the apprehension or arrest of 
                another person, knowing that such other person 
                has committed any act prohibited by this 
                section;
                  (I) to knowingly and willfully submit to a 
                Council, the Secretary, or the Governor of a 
                State false information (including, but not 
                limited to, false information regarding the 
                capacity and extent to which a United States 
                fish processor, on an annual basis, will 
                process a portion of the optimum yield of a 
                fishery that will be harvested by fishing 
                vessels of the United States) regarding any 
                matter that the Council, Secretary, or Governor 
                is considering in the course of carrying out 
                this Act;
                  (J) to ship, transport, offer for sale, sell, 
                or purchase, in interstate or foreign commerce, 
                any whole live lobster of the species Homarus 
                americanus, that--
                          (i) is smaller than the minimum 
                        possession size in effect at the time 
                        under the American Lobster Fishery 
                        Management Plan, as implemented by 
                        regulations published in part 649 of 
                        title 50, Code of Federal Regulations, 
                        or any successor to that plan 
                        implemented under this title, or in the 
                        absence of any such plan, is smaller 
                        than the minimum possession size in 
                        effect at the time under a coastal 
                        fishery management plan for American 
                        lobster adopted by the Atlantic States 
                        Marine Fisheries Commission under the 
                        Atlantic Coastal Fisheries Cooperative 
                        Management Act (16 U.S.C. 5101 et 
                        seq.);
                          (ii) is bearing eggs attached to its 
                        abdominal appendages; or
                          (iii) bears evidence of the forcible 
                        removal of extruded eggs from its 
                        abdominal appendages;
                  (K) to to steal or attempt to steal or to 
                negligently and without authorization remove, 
                damage, or tamper with--
                          (i) fishing gear owned by another 
                        person, which is located in the 
                        exclusive economic zone,
                          (ii) fish contained in such fishing 
                        gear;
                  (L) to forcibly assault, resist, oppose, 
                impede, intimidate, sexually harass, bribe, or 
                interfere with any observer on a vessel under 
                this Act, or any data collector employed by the 
                National Marine Fisheries Service or under 
                contract to any person to carry out 
                responsibilities under this Act;
                  (M) to engage in large-scale driftnet fishing 
                that is subject to the jurisdiction of the 
                United States, including use of a fishing 
                vessel of the United States to engage in such 
                fishing beyond the exclusive economic zone of 
                any nation;
                  (N) to strip pollock of its roe and discard 
                the flesh of the pollock;
                  (O) to knowingly and willfully fail to 
                disclose, or to falsely disclose, any financial 
                interest as required under section 302(j), or 
                to knowingly vote on a Council decision in 
                violation of section 302(j)(7)(A);
                  (P)(i) to remove any of the fins of a shark 
                (including the tail) at sea;
                          (ii) to have custody, control, or 
                        possession of any such fin aboard a 
                        fishing vessel unless it is naturally 
                        attached to the corresponding carcass;
                          (iii) to transfer any such fin from 
                        one vessel to another vessel at sea, or 
                        to receive any such fin in such 
                        transfer, without the fin naturally 
                        attached to the corresponding carcass; 
                        or
                          (iv) to land any such fin that is not 
                        naturally attached to the corresponding 
                        carcass, or to land any shark carcass 
                        without such fins naturally attached;
                  (Q) to import, export, transport, sell, 
                receive, acquire, or purchase in interstate or 
                foreign commerce any fish taken, possessed, 
                transported, or sold in violation of any 
                foreign law or regulation or any treaty or in 
                contravention of any binding conservation 
                measure adopted by an international agreement 
                or organization to which the United States is a 
                party; or
                  (R) to use any fishing vessel to engage in 
                fishing in Federal or State waters, or on the 
                high seas or in the waters of another country, 
                after the Secretary has made a payment to the 
                owner of that fishing vessel under section 
                312(b)(2).
          For purposes of subparagraph (P), there shall be a 
        rebuttable presumption that if any shark fin (including 
        the tail) is found aboard a vessel, other than a 
        fishing vessel, without being naturally attached to the 
        corresponding carcass, such fin was transferred in 
        violation of subparagraph (P)(iii) or that if, after 
        landing, the total weight of shark fins (including the 
        tail) landed from any vessel exceeds five percent of 
        the total weight of shark carcasses landed, such fins 
        were taken, held, or landed in violation of 
        subparagraph (P). In such subparagraph, the term 
        ``naturally attached'', with respect to a shark fin, 
        means attached to the corresponding shark carcass 
        through some portion of uncut skin.

           *       *       *       *       *       *       *


                      TUNA CONVENTIONS ACT OF 1950


                        [16 U.S.C. 951 et seq.]

[SEC. 2. DEFINITIONS.

                            [16 U.S.C. 951]

  [As used in this Act, the term--
  [(a) ``convention'' includes (1) the Convention for the 
Establishment of an International Commission for the Scientific 
Investigation of Tuna, signed at Mexico City January 25, 1949, 
by the United States of America and the United Mexican States, 
(2) the Convention for the Establishment of an Inter-American 
Tropical Tuna Commission, signed at Washington May 31, 1949, by 
the United States of America and the Republic of Costa Rica, or 
both such conventions, as the context requires;
  [(b) ``commission'' includes (1) the International Commission 
for the Scientific Investigation of Tuna, (2) the Inter-
American Tropical Tuna Commission provided for by the 
conventions referred to in subsection (a) of this section, or 
both such commissions, as the context requires;
  [(c) ``United States Commissioners'' means the members of the 
commissions referred to in subsection (b) of this section 
representing the United States of America and appointed 
pursuant to the terms of the pertinent convention and section 3 
of this Act;
  [(d) ``person'' means every individual, partnership, 
corporation, and association subject to the jurisdiction of the 
United States; and
  [(e) ``United States'' shall include all areas under the 
sovereignty of the United States, the Trust Territory of the 
Pacific Islands, and the Canal Zone.]

SEC. 2. DEFINITIONS.

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

[SEC. 3. COMMISSIONERS; NUMBER, APPOINTMENT, AND QUALIFICATION.

                            [16 U.S.C. 952]

  [The United States shall be represented on the two 
commissions by a total of not more than four United States 
Commissioners, who shall be appointed by the President, serve 
as such during his pleasure, and receive no compensation for 
their services as such Commissioners. Individuals serving as 
such Commissioners shall not be considered to be Federal 
employees while performing such service, except for purposes of 
injury compensation or tort claims liability as provided in 
chapter 81 of title 5, United States Code, and chapter 171 of 
title 28, United States Code. Of such Commissioners--
  [(a) not more than one shall be a person residing elsewhere 
than in a State whose vessels maintain a substantial fishery in 
the areas of the conventions;
  [(b) at least one of the Commissioners who are such legal 
residents shall be a person chosen from the public at large, 
and who is not a salaried employee of a State or of the Federal 
Government;
  [(c) at least one shall be either the Administrator, or an 
appropriate officer, of the National Marine Fisheries Service; 
and
  [(d) at least one shall be chosen from a nongovernmental 
conservation organization.]

SEC. 3. COMMISSIONERS.

  (a) Commissioners.--
          (1) In general.--The United States shall be 
        represented on the Commission by 5 United States 
        Commissioners.
          (2) Appointment.--The President shall appoint 
        individuals to serve on the Commission at the pleasure 
        of the President. In making the appointments, the 
        President shall select Commissioners from among 
        individuals who are knowledgeable or experienced 
        concerning highly migratory fish stocks in the eastern 
        tropical Pacific Ocean, including the following:
                  (A) 1 Commissioner shall be an officer or 
                employee of the Department of Commerce.
                  (B) 1 Commissioner shall be the chairman or a 
                member of the Western Pacific Fishery 
                Management Council.
                  (C) 1 commissioner shall be the chairman or a 
                member of the Pacific Fishery Management 
                Council.
          (3) Limitation.--No more than 2 Commissioners may 
        reside in a State other than a State whose vessels 
        maintain a substantial fishery in the area of the 
        Convention.
  (b) Alternate Commissioners.--The Secretary of State, in 
consultation with the Secretary, may designate from time to 
time and for periods of time deemed appropriate Alternate 
United States Commissioners to the Commission. Any Alternate 
United States Commissioner may exercise, at any meeting of the 
Commission or of the General Advisory Committee or Scientific 
Advisory Subcommittee established pursuant to section 4(b), all 
powers and duties of a United States Commissioner in the 
absence of any United States Commissioner appointed pursuant to 
subsection (a) of this section for whatever reason. The number 
of such Alternate United States Commissioners that may be 
designated for any such meeting shall be limited to the number 
of United States Commissioners appointed pursuant to subsection 
(a) of this section who will not be present at such meeting.
  (c) Administrative Matters.--
          (1) Employment status.--Individuals serving as United 
        States Commissioners, other than officers or employees 
        of the United States Government, shall not be 
        considered Federal employees except for the purposes of 
        injury compensation or tort claims liability as 
        provided in chapter 81 of title 5, United States Code, 
        and chapter 171 of title 28, United States Code.
          (2) Compensation.--The United States Commissioners or 
        Alternate Commissioners, although officers of the 
        United States while so serving, shall receive no 
        compensation for their services as United States 
        Commissioners or Alternate Commissioners.
          (3) Travel expenses.--
                  (A) The Secretary of State shall pay the 
                necessary travel expenses of United States 
                Commissioners and Alternate United States 
                Commissioners to meetings of the Inter-American 
                Tropical Tuna Commission and other meetings the 
                Secretary of State deems necessary to fulfill 
                their duties, in accordance with the Federal 
                Travel Regulations and sections 5701, 5702, 
                5704 through 5708, and 5731 of title 5, United 
                States Code.
                  (B) The Secretary may reimburse the Secretary 
                of State for amounts expended by the Secretary 
                of State under this subsection.
  (d) Supervision.--United States Commissioners and alternative 
commissioners shall be subject to the supervision of the 
Secretary of Commerce.

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

                            [16 U.S.C. 953]

  [(a) Appointments; Public Participation; Compensation.--The 
Secretary, in consultation with the United States 
Commissioners, shall--
          [(1) appoint a General Advisory Committee which shall 
        be composed of not less than 5 nor more than 15 persons 
        with balanced representation from the various groups 
        participating in the fisheries included under the 
        conventions, and from nongovernmental conservation 
        organizations;
          [(2) appoint a Scientific Advisory Subcommittee which 
        shall be composed of not less than 5 nor more than 15 
        qualified scientists with balanced representation from 
        the public and private sectors, including 
        nongovernmental conservation organizations;
          [(3) establish procedures to provide for appropriate 
        public participation and public meetings and to provide 
        for the confidentiality of confidential business data; 
        and
          [(4) fix the terms of office of the members of the 
        General Advisory Committee and Scientific Advisory 
        Subcommittee, who shall receive no compensation for 
        their services as such members.]
  (a) General Advisory Committee.--
          (1) Appointments; public participation; 
        compensation.--
                  (A) General advisory committee.--The 
                Secretary, in consultation with the Secretary 
                of State, shall appoint a General Advisory 
                Committee which shall consist of not more than 
                25 individuals who shall be representative of 
                the various groups concerned with the fisheries 
                covered by the Convention, including 
                nongovernmental conservation organizations, 
                providing to the maximum extent practicable an 
                equitable balance among such groups. Members of 
                the General Advisory Committee will be eligible 
                to participate as members of the United States 
                delegation to the Commission and its working 
                groups to the extent the Commission rules and 
                space for delegations allow.
                  (B) Ex-officio members.--The chair of the 
                Pacific Fishery Management Council's Advisory 
                Subpanel for Highly Migratory Fisheries and the 
                chair of the Western Pacific Fishery Management 
                Council's Advisory Committee, or the designee 
                of such a chair, shall be ex-officio members of 
                the General Advisory Committee by virtue of 
                their positions in those Councils.
                  (C) Term.--Each member of the General 
                Advisory Committee appointed under subparagraph 
                (A) shall serve for a term of 3 years and is 
                eligible for reappointment.
                  (D) Participation in meetings.--The General 
                Advisory Committee shall be invited to attend 
                all non-executive meetings of the United States 
                delegation and at such meetings shall be given 
                opportunity to examine and to be heard on all 
                proposed programs of investigation, reports, 
                recommendations, and regulations of the 
                Commission.
                  (E) Authorities.--The General Advisory 
                Committee shall determine its organization, and 
                prescribe its practices and procedures for 
                carrying out its functions under this title, 
                the Magnuson-Stevens Fishery Conservation and 
                Management Act (16 U.S.C. 1801 et seq.), and a 
                convention. The General Advisory Committee 
                shall publish and make available to the public 
                a statement of its organization, practices and 
                procedures. Meetings of the General Advisory 
                Committee, except when in executive session, 
                shall be open to the public, and prior notice 
                of meetings shall be made public in timely 
                fashion. The General Advisory Committee shall 
                not be subject to the Federal Advisory 
                Committee Act (5 U.S.C. App.).
          (2) Information sharing.--The Secretary and the 
        Secretary of State shall furnish the General Advisory 
        Committee with relevant information concerning 
        fisheries and international fishery agreements.
  [(b) Functions.--
          [(1) General advisory committee.--The General 
        Advisory Committee shall be invited to have 
        representatives attend all nonexecutive meetings of the 
        United States sections and shall be given full 
        opportunity to examine and to be heard on all proposed 
        programs of investigations, reports, recommendations, 
        and regulations of the Commission. The General Advisory 
        Committee may attend all meetings of the international 
        commissions to which they are invited by such 
        commissions.]
  (b) Scientific Advisory Subcommittee.--
          (1) Appointment.--The Secretary, in consultation with 
        the Secretary of State, shall appoint a Scientific 
        Advisory Subcommittee of not less than 5 nor more than 
        15 qualified scientists with balanced representation 
        from the public and private sectors, including 
        nongovernmental conservation organizations.
          (2) [Scientific advisory subcommittee] functions and 
        assistance.--
                  (A) Advice.--The Scientific Advisory 
                Subcommittee shall advise the General Advisory 
                Committee and the Commissioners on matters 
                including--
                          (i) the conservation of ecosystems;
                          (ii) the sustainable uses of living 
                        marine resources related to the tuna 
                        fishery in the eastern Pacific Ocean; 
                        and
                          (iii) the long-term conservation and 
                        management of stocks of living marine 
                        resources in the eastern tropical 
                        Pacific Ocean.
                  (B) Other functions and assistance.--The 
                Scientific Advisory Subcommittee shall, as 
                requested by the General Advisory Committee, 
                the United States Commissioners, or the 
                Secretary, perform functions and provide 
                assistance required by formal agreements 
                entered into by the United States for this 
                fishery, including the International Dolphin 
                Conservation Program. These functions may 
                include--
                          (i) the review of data from the 
                        Program, including data received from 
                        the Inter-American Tropical Tuna 
                        Commission;
                          (ii) recommendations on research 
                        needs, including ecosystems, fishing 
                        practices, and gear technology 
                        research, including the development and 
                        use of selective, environmentally safe 
                        and cost-effective fishing gear, and on 
                        the coordination and facilitation of 
                        such research;
                          (iii) recommendations concerning 
                        scientific reviews and assessments 
                        required under the Program and 
                        engaging, as appropriate, in such 
                        reviews and assessments;
                          (iv) consulting with other experts as 
                        needed; and
                          (v) recommending measures to assure 
                        the regular and timely full exchange of 
                        data among the parties to the Program 
                        and each nation's National Scientific 
                        Advisory Committee (or its equivalent).
                  (C) Other authorities.--The Scientific 
                Advisory Subcommittee shall determine its 
                organization, and prescribe its practices and 
                procedures for carrying out its functions under 
                this title, the Magnuson-Stevens Fishery 
                Conservation and Management Act (16 U.S.C. 1801 
                et seq.), and a convention.
                  (D) Public access.--
                          (i) Organization, practices, and 
                        procedures.--The Scientific Advisory 
                        Subcommittee shall publish and make 
                        available to the public a statement of 
                        its organization, practices, and 
                        procedures.
                          (ii) Meetings.--Meetings of the 
                        Scientific Advisory Subcommittee, 
                        except when in executive session, shall 
                        be open to the public, and prior notice 
                        of meetings shall be made public in a 
                        timely fashion.
          (3) Attendance at meetings.--The Scientific Advisory 
        Subcommittee shall be invited to have representatives 
        attend all nonexecutive meetings of the United States 
        sections and the [General Advisory Subcommittee] 
        General Advisory Committee and shall be given full 
        opportunity to examine and to be heard on all proposed 
        programs of scientific investigation, scientific 
        reports, and scientific recommendations of the 
        commission. Representatives of the Scientific Advisory 
        Subcommittee may attend meetings of the Inter-American 
        Tropical Tuna Commission in accordance with the rules 
        of such Commission.
  (c) Administrative Matters.--
          (1) Technical support.--The Secretary shall provide 
        to the General Advisory Committee and the Scientific 
        Advisory Subcommittee in a timely manner such 
        administrative and technical support services as are 
        necessary for the effective functioning of the 
        Committee and the Subcommittee.
          (2) No classification as federal employees.--
        Individuals appointed to serve as a member of the 
        General Advisory Committee or the Scientific Advisory 
        Subcommittee--
                  (A) shall serve without pay, but while away 
                from their homes or regular places of business 
                to attend meetings of the General Advisory 
                Committee or the Scientific Advisory 
                Subcommittee, as appropriate, shall be allowed 
                travel expenses, including per diem in lieu of 
                subsistence, in the same manner as persons 
                employed intermittently in the Government 
                service are allowed expenses under section 5703 
                of title 5, United States Code; and
                  (B) shall not be considered Federal employees 
                except for the purposes of injury compensation 
                or tort claims liability as provided in chapter 
                81 of title 5, United States Code, and chapter 
                171 of title 28, United States Code.

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

                            [16 U.S.C. 955]

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

SEC. 6. RULEMAKING.

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

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

                            [16 U.S.C. 957]

  (a) It shall be unlawful for any master or other person in 
charge of a fishing vessel of the United States to engage in 
fishing in violation of any regulation adopted pursuant to 
[section 6(c) of this Act] section 6, or for any person 
knowingly to ship, transport, purchase, sell, offer for sale, 
import, export, or have in custody, possession, or control any 
fish taken or retained in violation of such regulations.
  (b) It shall be unlawful for the master or any person in 
charge of any fishing vessel of the United States or any person 
on board such vessel to fail to make, keep, or furnish any 
catch returns, statistical records, or other reports as are 
required by regulations adopted pursuant to this Act to be 
made, kept, or furnished; or to fail to stop upon being hailed 
by a duly authorized official of the United States; or to 
refuse to permit the duly authorized officials of the United 
States or authorized officials of the commissions to board such 
vessel or inspect its catch, equipment, books, documents, 
records, or other articles or question the persons on board in 
accordance with the provisions of this Act, or the convention, 
as the case may be.
  (c) It shall be unlawful for any person to import, in 
violation of any regulation adopted pursuant to [section 6(c) 
of this Act]  section 6, from any country, any fish in any form 
of those species subject to regulation pursuant to a 
recommendation of the commission, or any tuna in any form not 
under regulation, but under investigation by the commission, 
during the period such fish have been denied entry in 
accordance with the provisions of [section 6(c) of this Act]  
section 6. In the case of any fish as described in this 
subsection offered for entry into the United States, the 
Secretary of the Interior shall require proof satisfactory to 
him that such fish is not ineligible for such entry under the 
terms of [section 6(c) of this Act]  section 6.
  (d) Any person violating any provision of subsection (a) of 
this section shall be fined not more than $25,000, and for a 
subsequent violation of any provisions of said subsection (a) 
shall be fined not more than $50,000.
  (e) Any person violating any provision of subsection (b) of 
this section shall be fined not more than $1,000, and for a 
subsequent violation of any provision of subsection (b) shall 
be fined not more than $5,000.
  (f) Any person violating any provision of subsection (c) of 
this section shall be fined not more than $100,000.
  (g) All fish taken or retained in violation of subsection (a) 
of this section, or the monetary value thereof, may be 
forfeited.
  (h) All provisions of law relating to the seizure, judicial 
forfeiture, and condemnation of a cargo for violation of the 
customs laws, the disposition of such cargo or the proceeds 
from the sale thereof, and the remission or mitigation of such 
forfeitures shall apply to seizures and forfeitures incurred, 
or alleged to have been incurred, under the provisions of this 
Act, insofar as such provisions of law are applicable and not 
inconsistent with the provisions of this Act.
  (i) Additional Prohibitions and Enforcement.--For 
prohibitions relating to this Act and enforcement of this Act, 
see section 606 of the High Seas Driftnet Fishing Moratorium 
Protection Act (16 U.S.C. 1826g).

[SEC. 10. ENFORCEMENT OF 16 USCS Sec. Sec.  951 ET SEQ.

                            [16 U.S.C. 959]

  [(a) Issuance of Process.--The judges of the United States 
district courts and United States commissioners may, within 
their respective jurisdictions, upon proper oath or affirmation 
showing probable cause, issue such warrants or other process as 
may be required for enforcement of this Act and the regulations 
issued pursuant thereto.
  [(b) Federal Law Enforcement Agents.--Enforcement of the 
provisions of this Act and the regulations issued pursuant 
thereto shall be the joint responsibility of the United States 
Coast Guard, the United States Department of the Interior, and 
the United States Bureau of Customs. In addition, the Secretary 
of the Interior may designate officers and employees of the 
States of the United States, of the Commonwealth of Puerto 
Rico, and of American Samoa to carry out enforcement activities 
hereunder. When so designated, such officers and employees are 
authorized to function as Federal law enforcement agents for 
these purposes.
  [(c) Execution of Process.--Any person authorized to carry 
out enforcement activities hereunder shall have the power to 
execute any warrant or process issued by any officer or court 
of competent jurisdiction for the enforcement of this Act.
  [(d) Arrests.--Such person so authorized shall have the 
power--
          [(1) with or without a warrant or other process, to 
        arrest any persons subject to the jurisdiction of the 
        United States at any place within the jurisdiction of 
        the United States committing in his presence or view a 
        violation of this Act or the regulations issued 
        thereunder;
          [(2) with or without a warrant or other process, to 
        search any vessel subject to the jurisdiction of the 
        United States, and, if as a result of such search he 
        has reasonable cause to believe that such vessel or any 
        person on board is engaging in operations in violation 
        of the provisions of this Act or the regulations issued 
        thereunder, then to arrest such person.
  [(e) Seizures and Disposition of Fish.--Such person so 
authorized may seize, whenever and wherever lawfully found, all 
fish taken or retained in violation of the provisions of this 
Act or the regulations issued pursuant thereto. Any fish so 
seized may be disposed of pursuant to the order of a court of 
competent jurisdiction, pursuant to the provisions of 
subsection (f) of this section or, if perishable, in a manner 
prescribed by regulations of the Secretary of the Interior.
  [(f) Security.--Notwithstanding the provisions of section 
2464 of title 28 of the United States Code, when a warrant of 
arrest or other process in rem is issued in any cause under 
this section, the marshal or other officer shall stay the 
execution of such process, or discharge any fish seized if the 
process has been levied, on receiving from the claimant of the 
fish a bond or stipulation for the value of the property with 
sufficient surety to be approved by a judge of the district 
court having jurisdiction of the offense, conditioned to 
deliver the fish seized, if condemned, without impairment in 
value or, in the discretion of the court, to pay its equivalent 
value in money or otherwise to answer the decree of the court 
in such cause. Such bond or stipulation shall be returned to 
the court and judgment thereon against both the principal and 
sureties may be recovered in event of any breach of the 
conditions thereof as determined by the court. In the 
discretion of the accused, and subject to the direction of the 
court, the fish may be sold for not less than its reasonable 
market value and the proceeds of such sale placed in the 
registry of the court pending judgment in the case.]

SEC. 10. ENFORCEMENT.

  For enforcement of this Act, see section 606 of the High Seas 
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g).

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

                            [16 U.S.C. 962]

  The Secretary of State, in consultation with the Secretary of 
Commerce and acting through the United States Commissioners, 
shall seek, in cooperation with other nations whose [vessel]  
vessels fish for tuna in the eastern tropical Pacific Ocean, to 
establish standards and measures for a bycatch reduction 
program for vessels fishing for yellowfin tuna in the eastern 
tropical Pacific Ocean. The bycatch reduction program shall 
include measures--
          (1) to require, to the maximum extent practicable, 
        that sea turtles and other threatened species and 
        endangered species are released alive;
          (2) to reduce, to the maximum extent practicable, the 
        harvest of nontarget species;
          (3) to reduce, to the maximum extent practicable, the 
        mortality of nontarget species; and
          (4) to reduce, to the maximum extent practicable, the 
        mortality of juveniles of the target species.

               EASTERN PACIFIC TUNA LICENSING ACT OF 1984


                        [16 U.S.C. 972 et seq.]

[SEC. 2. DEFINITIONS.

                            [16 U.S.C. 972]

  [As used in this Act--
          [(1) The term ``Agreement'' means the Eastern Pacific 
        Ocean Tuna Fishing Agreement, signed in San Jose, Coast 
        Rica, March 15, 1983.
          [(2) The term ``Agreement Area'' means the area 
        within a perimeter determined as follows: From the 
        point on the mainland where the parallel of 40 degrees 
        north latitude intersects the coast westward along the 
        parallel of 40 degrees north latitude to 40 degrees 
        north latitude by 125 degrees west longitude, thence 
        southerly along the meridian of 125 degrees west 
        longitude to 20 degrees north latitude by 125 degrees 
        west longitude, thence easterly along the parallel of 
        20 degrees north latitude to 20 degrees north latitude 
        by 120 degrees west longitude, thence southerly along 
        the meridian of 120 degrees west longitude to 5 degrees 
        north latitude by 120 degrees west longitude, thence 
        easterly along the parallel of 5 degrees north latitude 
        to 5 degrees north latitude by 110 degrees west 
        longitude, thence southerly along the meridian of 110 
        degrees west longitude to 10 degrees south latitude by 
        110 degrees west longitude, thence easterly along the 
        parallel of 10 degrees south latitude to 10 degrees 
        south latitude by 90 degrees west longitude, thence 
        southerly along the meridian of 90 degrees west 
        longitude to 30 degrees south latitude by 90 degrees 
        west longitude, thence easterly along the parallel of 
        30 degrees south latitude to the point on the mainland 
        where the parallel intersects the coast; but the 
        Agreement Area does not include the zones within twelve 
        nautical miles of the baseline from which the breadth 
        of territorial sea is measured and the zones within two 
        hundred nautical miles of the baselines of Coastal 
        States not signatories to the Agreement, measured from 
        the same baseline.
          [(3) The term ``designated species of tuna'' means 
        yellowfin tuna, Thunnus albacares (Bonnaterre, 1788); 
        bigeye tuna, Thunnus obesus (Lowe, 1839); albacore 
        tuna, thunnus alalunga (Bonnaterre, 1788); northern 
        bluefin tuna, Thunnus thynnus (Linnaeus, 1758); 
        southern bluefin tuna, Thunnus maccoyil (Castelnau, 
        1872); skipjack tuna, Katsuwonus pelamis (Linnaeus 
        1578); black skipjack, Euthynnus Lineatus (Kishinouye 
        1920); kawakawa, Euthynnus affinis (Cantor, 1849); 
        bullet tuna, Auxis rochei (Risso, 1810), frigate tuna, 
        Ausix thazard (Lacepede, 1800); eastern Pacific bonito, 
        Sarda chiliensis (Cuvier in Cuvier and Valenciennes, 
        1831); and Indo-Pacific bonito, Sarda orientalis 
        (Temminck and Schlegel, 1844).
          [(4) The term ``Council'' means the body consisting 
        of the representatives from each Contracting Party to 
        the Agreement which is a Coastal State of the eastern 
        Pacific Ocean or a member of the Inter-American 
        Tropical Tuna Commission at the time of entry into 
        force of the Agreement.]

[SEC. 3. UNITED STATES REPRESENTATION ON THE COUNCIL.

                            [16 U.S.C. 972a]

  [(a) Appointment by Secretary of State.--The Secretary of 
State--
          [(1) shall appoint a United States representative to 
        the Council; and
          [(2) may appoint not more than three alternate United 
        States representatives to the Council.
  [(b) Qualification.--An individual is not eligible for 
appointment as, or to serve as, the United States 
representative under subsection (a)(1) unless the individual is 
an officer or employee of the United States Government.
  [(c) Compensation.--An individual is not entitled to 
compensation for serving as the United States representative or 
an alternate United States representative.
  [(d) Travel Expenses.--While away from home or a regular 
place of business in the performance of service as the United 
States representative or an alternate United States 
representative, an individual is entitled to travel expenses, 
including per diem in lieu of subsistence, in the same manner 
as individuals employed intermittently in Government service 
are allowed expenses under section 5703(b) of title 5 of the 
United States Code.]

[SEC. 4. SECRETARY OF STATE TO ACT FOR THE UNITED STATES.

                            [16 U.S.C. 972b]

  [The Secretary of State shall receive, on behalf of the 
United States Government, reports, requests, recommendations 
and other communications of the Council, and, in consultation 
with the Secretary of Commerce, shall act directly thereon or 
by reference to the appropriate authorities.]

[SEC. 5. APPLICATION TO OTHER LAWS.

                            [16 U.S.C. 972c]

  [(a) Notwithstanding section 4 of the Fishermen's Protective 
Act of 1967 (22 U.S.C. 1874), such Act applies with respect to 
a seizure by a Contracting Party to the Agreement of a vessel 
of the United States within the Agreement Area for violation of 
the Agreement if the Secretary of State determines that the 
violation is not of such seriousness as to diminish the 
effectiveness of the Agreement.
  [(b) The seizure by a Contracting Party to the Agreement of a 
vessel of the United States shall not be considered to be a 
seizure described in section 205(a)(4)(C) of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 
1825(a)(4)(C)) if the seizure is consistent with the 
Agreement.]

[SEC. 6. DISPOSITION OF FEES.

                            [16 U.S.C. 972d]

  [All fees accruing to the United States under Article III of 
the Agreement shall be deposited into the Treasury of the 
United States.]

[SEC. 7. REGULATIONS.

                            [16 U.S.C. 972e]

  [The Secretary of Commerce, in cooperation with the Secretary 
of State and the Secretary of the department in which the Coast 
Guard is operating, shall issue such regulations as may be 
necessary to carry out the purposes and objectives of the 
Agreement and this Act. Regulations may be made applicable as 
necessary to all persons and vessels subject to the 
jurisdiction of the United States, wherever located. 
Regulations concerning the conservation of a designated species 
of tuna may be issued only to implement conservation 
recommendations made by the Council under Article 3(D) of the 
Agreement.]

[SEC. 8. PROHIBITED ACTS.

                            [16 U.S.C. 972f]

  [(a) Unlawful Acts.--It is unlawful for any person subject to 
the jurisdiction of the United States--
          [(1) to engage in fishing for a designated species of 
        tuna within the Agreement Area unless issued a license 
        under the Agreement authorizing such fishing;
          [(2) to engage in fishing for a designated species of 
        tuna within the Agreement area in contravention of 
        regulations promulgated by the Secretary of Commerce 
        under the Agreement;
          [(3) knowingly to ship, transport, purchase, sell, 
        offer for sale, export, or have in custody, possession, 
        or control any designated species of tuna taken or 
        retained in violation of regulations issued under 
        section 7;
          [(4) to fail to make, keep, or furnish any catch 
        return, statistical record, or other report required by 
        regulations issued under section 7;
          [(5) being a person in charge of a vessel of the 
        United States, to fail to stop upon being hailed by an 
        authorized official of the United States, or to refuse 
        to permit officials of the United States to board the 
        vessel or inspect its catch, equipment, books, 
        documents, records, or other articles, or to question 
        individuals on board; or
          [(6) to import from any country, in violation of any 
        regulation issued under section 7, any designated 
        species of tuna.
  [(b) Penalties. .--Any person who is convicted of violating--
          [(1) subsection (a)(1), (a)(2), or (a)(3) shall be 
        fined or assessed a civil penalty not more than 
        $25,000, and for a subsequent violation shall be fined 
        or assessed a civil penalty not more than $50,000;
          [(2) subsection (a)(4) or (a)(5) shall be fined or 
        assessed a civil penalty not more than $5,000, and for 
        a subsequent violation shall be fined or assessed a 
        civil penalty not more than $5,000; or
          [(3) subsection (a)(6) shall be fined or assessed a 
        civil penalty not more than $100,000.
  [(c) Forfeiture.--All designated species of tuna taken or 
retained in violation of subsection (a)(1), (2), (3), or (6), 
or the monetary value thereof, is subject to forfeiture.
  [(d) Application of Laws Relating to Seizures and 
Forfeitures.--All provisions of law relating to the seizure, 
judicial forfeiture, and condemnation of a cargo for violation 
of the customs laws, the disposition of such cargo or the 
proceeds from the sale thereof, and the remission or mitigation 
of such forfeitures shall apply to seizures and forfeitures 
incurred, or alleged to have been incurred, under this Act, 
insofar as such provisions of law are applicable and not 
inconsistent with the provision of this Act.]

[SEC. 9. ENFORCEMENT.

                            [16 U.S.C. 972g]

  [(a) Warrants.--The judges of the United States district 
courts and United States magistrates may, within their 
respective jurisdictions, upon proper oath or affirmation 
showing probable cause, issue such warrants or other process as 
may be required for enforcement of this Act and the regulations 
issued under section 7.
  [(b) Joint Responsibility for Enforcement.--The enforcement 
of this Act and the regulations issued under section 7 shall be 
the joint responsibility of the department in which the Coast 
Guard is operating, the Department of Commerce, and the United 
States Customs Service. In addition, the Secretary of Commerce 
may designate officers and employees of the States of the 
United States, of the Commonwealth of Puerto Rico, and of 
American Samoa to carry out enforcement activities under this 
section. When so designated, such officers and employees may 
function as Federal law enforcement agents for these purposes.
  [(c) Execution of Warrants and Process.--An individual 
authorized to carry out enforcement activities under this 
section has power to execute any warrant or process issued by 
any officer or court of competent jurisdiction for the 
enforcement of this Act.
  [(d) Arrest; Search.--An individual so authorized to carry 
out enforcement activities under this section has power--
          [(1) with or without a warrant or other process, to 
        arrest any person subject to the jurisdiction of the 
        United States at any place within the jurisdiction of 
        the United States committing in his presence or view a 
        violation of this Act or the regulations issued under 
        section 7;
          [(2) with or without a warrant or other process, to 
        search any vessel subject to the jurisdiction of the 
        United States, and, if, as a result of the search he 
        has reasonable cause to believe that such vessel or any 
        individual on board is engaging in operations in 
        violation of this Act or any regulation issued 
        thereunder to arrest such person.
  [(e) Seizure.--An individual authorized to enforce this Act 
may seize, whenever or wherever lawfully found, all species of 
designated tuna taken or retained in violation of this Act or 
the regulations issued under section 7. Any species so seized 
may be disposed of pursuant to the order of a court of 
competent jurisdiction, under subsection (f) of this section 
or, if perishable, in a manner prescribed by regulations of the 
Secretary of Commerce.
  [(f) Bond or Stipulation for Value of the Property.--
Notwithstanding the provisions of section 2464 of title 28, 
United States Code, when a warrant of arrest or other process 
in rem is issued in any cause under this section, the marshal 
or other officer shall stay the execution of such process, or 
discharge any species of designated tuna seized if the process 
has been levied, on receiving from the claimant of the species 
a bond or stipulation for the value of the property with 
sufficient surety to be approved by a judge of the district 
court having jurisdiction of the offense, conditioned to 
deliver the species seized, if condemned, without impairment in 
value or, in the discretion of the court, to pay its equivalent 
value in money or otherwise to answer the decree of the court 
in such cause. Such bond or stipulation shall be returned to 
the court and judgment thereon against both the principal and 
sureties may be recovered in event of any breach of the 
conditions thereof as determined by the court. In the 
discretion of the accused, and subject to the direction of the 
court, the species may be sold for not less than its reasonable 
market value and the proceeds of such sale placed in the 
registry of the court pending judgment in the case.]

[SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

                            [16 U.S.C. 972h]

  [There are authorized to be appropriated for fiscal years 
after fiscal year 1984 such sums as may be necessary to carry 
out this Act.]

                                  [all]