[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1792 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 1792
To amend the South Pacific Tuna Act of 1988, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 24, 2023
Mrs. Radewagen (for herself and Mr. Case) introduced the following
bill; which was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To amend the South Pacific Tuna Act of 1988, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``South Pacific Tuna
Treaty Act of 2023''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amendment of South Pacific Tuna Act of 1988.
Sec. 3. Definitions.
Sec. 4. Prohibited acts.
Sec. 5. Exceptions.
Sec. 6. Criminal offenses.
Sec. 7. Civil penalties.
Sec. 8. Licenses.
Sec. 9. Enforcement.
Sec. 10. Findings by Secretary.
Sec. 11. Reporting requirements; disclosure of information.
Sec. 12. Closed Area stowage requirements.
Sec. 13. Observers.
Sec. 14. Technical assistance.
Sec. 15. Arbitration.
Sec. 16. Disposition of fees, penalties, forfeitures, and other moneys.
Sec. 17. Additional agreements.
Sec. 18. Authorization of appropriations.
SEC. 2. AMENDMENT OF SOUTH PACIFIC TUNA ACT OF 1988.
Except as otherwise expressly provided, wherever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the South Pacific Tuna Act
of 1988 (16 U.S.C. 973 et seq.).
SEC. 3. DEFINITIONS.
(a) Applicable National Law.--Section 2(4) (16 U.S.C. 973(4)) is
amended by striking ``described in paragraph 1(a) of Annex I of'' and
inserting ``noticed and in effect in accordance with''.
(b) Closed Area.--Section 2(5) (16 U.S.C. 973(5)) is amended by
striking ``of the closed areas identified in Schedule 2 of Annex I of''
and inserting ``area within the jurisdiction of a Pacific Island Party
that is closed to vessels pursuant to a national law of that Pacific
Island Party and is noticed and in effect in accordance with''.
(c) Fishing.--Section 2(6) (16 U.S.C. 973(6)) is amended--
(1) in subparagraph (C), by inserting ``for any purpose''
after ``harvesting of fish''; and
(2) by amending subparagraph (F) to read as follows:
``(F) use of any other vessel, vehicle, aircraft,
or hovercraft, for any activity described in this
paragraph except for emergencies involving the health
or safety of the crew or the safety of a vessel.''.
(d) Fishing Vessel.--Section 2(7) (16 U.S.C. 973(7)) is amended by
striking ``commercial fishing'' and inserting ``commercial purse seine
fishing for tuna''.
(e) Licensing Area.--Section 2(8) (16 U.S.C. 973(8)) is amended by
striking ``in the Treaty Area'' and all that follows and inserting
``under the jurisdiction of a Pacific Island Party, except for internal
waters, territorial seas, archipelagic waters, and any Closed Area.''.
(f) Limited Area; Party; Treaty Area.--Section 2 (16 U.S.C. 973) is
amended--
(1) by striking paragraphs (10), (13), and (18);
(2) by redesignating paragraphs (11) and (12) as paragraphs
(10) and (11), respectively;
(3) by redesignating paragraph (14) as paragraph (12); and
(4) by redesignating paragraphs (15) through (17) as
paragraphs (14) through (16), respectively.
(g) Regional Terms and Conditions.--Section 2 (16 U.S.C. 973) is
amended by inserting after paragraph (12), as so redesignated, the
following:
``(13) The term `regional terms and conditions' means any
of the terms or conditions attached by the Administrator to the
license issued by the Administrator, as notified by the
Secretary.''.
SEC. 4. PROHIBITED ACTS.
(a) In General.--Section 5(a) (16 U.S.C. 973c(a)) is amended--
(1) by striking ``Except as provided in section 6 of this
Act, it'' at the beginning and inserting ``It'';
(2) by striking paragraphs (3) and (4);
(3) by redesignating paragraphs (5) through (13) as
paragraphs (3) through (11), respectively;
(4) in paragraph (3), as so redesignated, by inserting ``,
except in accordance with an agreement pursuant to the Treaty''
after ``Closed Area'';
(5) in paragraph (10), as so redesignated, by striking
``or'' at the end;
(6) in paragraph (11), as so redesignated, by striking the
period at the end and inserting a semicolon; and
(7) by adding at the end the following:
``(12) to violate any of the regional terms and conditions;
or
``(13) to violate any limit on authorized fishing effort or
catch.''.
(b) In the Licensing Area.--Section 5(b) (16 U.S.C. 973c(b)) is
amended--
(1) by striking ``Except as provided in section 6 of this
Act, it'' and inserting ``It'';
(2) by striking paragraph (5); and
(3) by redesignating paragraphs (6) and (7) as paragraphs
(5) and (6), respectively.
SEC. 5. EXCEPTIONS.
Section 6 (16 U.S.C. 973d) is repealed.
SEC. 6. CRIMINAL OFFENSES.
Section 7(a) (16 U.S.C. 973e(a)) is amended by striking ``section
5(a) (8), (10), (11), or (12)'' and inserting ``paragraphs (6), (8),
(9), or (10) of section 5(a)''.
SEC. 7. CIVIL PENALTIES.
(a) Determination of Liability; Amount; Participation by Secretary
of State in Assessment Proceeding.--Section 8(a) (16 U.S.C. 973f(a)) is
amended--
(1) by striking ``Code'' after ``liable to the United
States''; and
(2) by striking ``Except for those acts prohibited by
section 5(a) (4), (5), (7), (8), (10), (11), and (12), and
section 5(b) (1), (2), (3), and (7) of this Act, the'' and
inserting ``The''.
(b) Waiver of Referral to Attorney General.--Section 8(g) (16
U.S.C. 973f(g)) is amended--
(1) by striking ``section 5(a)(1), (2), (3), (4), (5), (6),
(7), (8), (9), or (13)'' and inserting ``paragraphs (1), (2),
(3), (4), (5), (6), (7), (11), (12), or (13) of section 5(a)'';
and
(2) in paragraph (2), by striking ``, all Limited Areas
closed to fishing,'' after ``outside of the Licensing Area''.
SEC. 8. LICENSES.
(a) Forwarding and Transmittal of Vessel License Application.--
Section 9(b) (16 U.S.C. 973g(b)) is amended to read as follows:
``(b) In accordance with subsection (e), and except as provided in
subsection (f), the Secretary shall forward a vessel license
application to the Administrator whenever such application is in
accordance with application procedures established by the Secretary.''.
(b) Fees and Schedules.--Section 9(c) (16 U.S.C. 973g(c)) is
amended to read as follows:
``(c) Fees required under the Treaty shall be paid in accordance
with the Treaty and any procedures established by the Secretary.''.
(c) Minimum Fees Required To Be Received in Initial Year of
Implementation for Forwarding and Transmittal of License
Applications.--Section 9 (16 U.S.C. 973g) is amended--
(1) by striking subsection (f);
(2) by redesignating subsections (g) and (h) as subsections
(f) and (g), respectively;
(3) by amending subsection (f), as so redesignated, to read
as follows:
``(f) The Secretary, in consultation with the Secretary of State,
may determine that a license application should not be forwarded to the
Administrator if--
``(1) the application is not in accordance with the Treaty
or the procedures established by the Secretary; or
``(2) the owner or charterer--
``(A) is the subject of proceedings under the
bankruptcy laws of the United States, unless reasonable
financial assurances have been provided to the
Secretary;
``(B) has not established to the satisfaction of
the Secretary that the fishing vessel is fully insured
against all risks and liabilities normally provided in
maritime liability insurance; or
``(C) has not paid any penalty which has become
final, assessed by the Secretary in accordance with
this Act.''; and
(4) in subsection (g), as so redesignated--
(A) by amending paragraph (1) to read as follows:
``(1) chapter 12113 of title 46, United States Code;'';
(B) in paragraph (2), by inserting ``of 1972''
after ``Marine Mammal Protection Act'';
(C) in paragraph (3), by inserting ``of 1972''
after ``Marine Mammal Protection Act''; and
(D) in the matter that follows paragraph (3), by
striking ``any vessel documented'' and all that follows
and inserting the following:
``any vessel documented under the laws of the United States as of the
date of enactment of the Fisheries Act of 1995 for which a license has
been issued under subsection (a) may fish for tuna in the Licensing
Area, and on the high seas and in waters subject to the jurisdiction of
the United States west of 146 west longitude and east of 129.5 east
longitude in accordance with international law, subject to the
provisions of the Treaty, this Act, and other applicable law, provided
that no such vessel intentionally deploys a purse seine net to encircle
any dolphin or other marine mammal in the course of fishing.''.
SEC. 9. ENFORCEMENT.
(a) Notice Requirements to Pacific Island Party Concerning
Institution and Outcome of Legal Proceedings.--Section 10(c)(1) (16
U.S.C. 973h(c)(1)) is amended--
(1) by striking ``paragraph 8 of Article 4 of''; and
(2) by striking ``Article 10 of''.
(b) Searches and Seizures by Authorized Officers; Limitations on
Power.--Section 10(d)(1)(A) (16 U.S.C. 973h(d)(1)(A)) is amended--
(1) in clause (ii), by striking ``or'' at the end; and
(2) in clause (iii), by adding ``or'' at the end.
SEC. 10. FINDINGS BY SECRETARY.
(a) Order To Leave Waters Upon Failure To Submit to Jurisdiction of
Pacific Island Party; Procedure Applicable.--Section 11(a) (16 U.S.C.
973i(a)) is amended--
(1) by striking ``, all Limited Areas,'';
(2) in paragraph (1)--
(A) in subparagraph (A), by striking ``paragraph 2
of Article 3 of''; and
(B) in subparagraph (C), by striking ``within the
Treaty Area'' and inserting ``under the jurisdiction'';
and
(3) in paragraph (2)--
(A) in subparagraph (A), by striking ``section 5
(a)(4), (a)(5), (b)(2), or (b)(3)'' and inserting
``paragraph (4) of section 5(a) or paragraphs (2) or
(3) of section 5(b)'';
(B) in subparagraph (B), by striking ``(7)'' and
inserting ``(6)''; and
(C) in subparagraph (C), by striking ``(7)'' and
inserting ``(6)''.
(b) Order of Vessel To Leave Waters Where Pacific Island Party
Investigating Alleged Treaty Infringement.--Section 11(b) (16 U.S.C.
973i(b)) is amended by striking ``paragraph 7 of Article 5 of''.
SEC. 11. REPORTING REQUIREMENTS; DISCLOSURE OF INFORMATION.
Section 12 (16 U.S.C. 973j) is amended to read as follows:
``SEC. 12. REPORTING.
``(a) Prohibited Disclosure of Certain Information.--The Secretary
shall keep confidential and may not disclose the following information,
except in accordance with subsection (b):
``(1) Information provided to the Secretary by the
Administrator that the Administrator has designated
confidential.
``(2) Information collected by observers.
``(3) Information submitted to the Secretary by any person
in compliance with the requirements of this Act.
``(b) Permitted Disclosure of Certain Information.--The Secretary
may disclose information described in subsection (a)--
``(1) if disclosure is ordered by a court;
``(2) if the information is used by a Federal employee--
``(A) for enforcement; or
``(B) in support of the homeland and national
security missions of the Coast Guard as defined in
section 888 of the Homeland Security Act of 2002 (6
U.S.C. 468);
``(3) if the information is used by a Federal employee or
an employee of the Fishery Management Council for Treaty
administration or fishery management and monitoring;
``(4) to the Administrator, in accordance with the
requirements of the Treaty and this Act;
``(5) to the secretariat or equivalent of an international
fisheries management organization of which the United States is
a member, in accordance with the requirements or decisions of
such organization, and insofar as possible, in accordance with
an agreement that prevents public disclosure of the identity of
any person that submits such information;
``(6) if the Secretary has obtained written authorization
from the person providing such information, and disclosure does
not violate other requirements of this Act; or
``(7) in an aggregate or summary form that does not
directly or indirectly disclose the identity of any person that
submits such information.''.
SEC. 12. CLOSED AREA STOWAGE REQUIREMENTS.
Section 13 (16 U.S.C. 973k) is amended by striking ``. In
particular, the boom shall be lowered'' and all that follows and
inserting ``and in accordance with any requirements established by the
Secretary.''.
SEC. 13. OBSERVERS.
Section 14 (16 U.S.C. 973l) is repealed.
SEC. 14. TECHNICAL ASSISTANCE.
Section 15 (16 U.S.C. 973m) is amended to read as follows:
``SEC. 15. TECHNICAL ASSISTANCE.
``The Secretary and the Secretary of State may provide assistance
to a Pacific Island Party to benefit such Pacific Island Party from the
development of fisheries resources and the operation of fishing vessels
that are licensed pursuant to the Treaty, including--
``(1) technical assistance;
``(2) training and capacity building opportunities;
``(3) facilitation of the implementation of private sector
activities or partnerships; and
``(4) other activities as determined appropriate by the
Secretary and the Secretary of State.''.
SEC. 15. ARBITRATION.
Section 16 (16 U.S.C. 973n) is amended--
(1) by striking ``Article 6 of'' after ``arbitral tribunal
under''; and
(2) by striking ``paragraph 3 of that Article'', and
inserting ``the Treaty, shall determine the location of the
arbitration''.
SEC. 16. DISPOSITION OF FEES, PENALTIES, FORFEITURES, AND OTHER MONEYS.
Section 17 (16 U.S.C. 973o) is amended by striking ``Article 4
of''.
SEC. 17. ADDITIONAL AGREEMENTS.
Section 18 (16 U.S.C. 973p) is amended by striking ``Within 30 days
after'' and all that follows and inserting ``The Secretary may
establish procedures for review of any agreements for additional
fishing access entered into pursuant to the Treaty.''.
SEC. 18. AUTHORIZATION OF APPROPRIATIONS.
Section 20(a) (16 U.S.C. 973r(a)) is amended to read as follows:
``(a) There are authorized to be appropriated such sums as may be
necessary for carrying out the purposes and provisions of the Treaty
and this Act for fiscal year 2023 and each fiscal year thereafter.''.
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