[Senate Report 113-127]
[From the U.S. Government Publishing Office]
113th Congress Report
SENATE
1st Session 113-127
_______________________________________________________________________
Calendar No. 263
INTERNATIONAL FISHERIES STEWARDSHIP AND ENFORCEMENT ACT
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 269
December 17, 2013.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred thirteenth congress
first session
JOHN D. ROCKEFELLER IV, West Virginia, Chairman
BARBARA BOXER, California JOHN THUNE, South Dakota
BILL NELSON, Florida ROGER F. WICKER, Mississippi
MARIA CANTWELL, Washington ROY BLUNT, Missouri
MARK PRYOR, Arkansas MARCO RUBIO, Florida
CLAIRE McCASKILL, Missouri KELLY AYOTTE, New Hampshire
AMY KLOBUCHAR, Minnesota DEAN HELLER, Nevada
MARK WARNER, Virginia DAN COATS, Indiana
MARK BEGICH, Alaska TIM SCOTT, South Carolina
RICHARD BLUMENTHAL, Connecticut TED CRUZ, Texas
BRIAN SCHATZ, Hawaii DEB FISCHER, Nebraska
ED MARKEY, Massachusetts RON JOHNSON, Wisconsin
CORY BOOKER, New Jersey
Ellen Doneski, Staff Director
John Williams, General Counsel
David Schwietert, Republican Staff Director
Nick Rossi, Republican Deputy Staff Director
Rebecca Seidel, Republican General Counsel
Calendar No. 263
113th Congress Report
SENATE
1st Session 113-127
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INTERNATIONAL FISHERIES STEWARDSHIP AND ENFORCEMENT ACT
_______
December 17, 2013.--Ordered to be printed
_______
Mr. Rockefeller, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 269]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 269) to establish uniform
administrative and enforcement authorities for the enforcement
of the High Seas Driftnet Fishing Moratorium Protection Act and
similar statutes, and for other purposes, having considered the
same, reports favorably thereon with an amendment (in the
nature of a substitute) and recommends that the bill (as
amended) do pass.
Purpose of the Bill
The purpose of S. 269, the International Fisheries
Stewardship and Enforcement Act, is to harmonize and strengthen
the enforcement provisions of Federal statutes that implement
international fishery agreements to which the United States is
a party.
Background and Needs
Many fish stocks around the world have become depleted in
the last several decades as a result of fleet overcapacity,
overfishing, and ineffective fisheries law enforcement regimes.
Coastal fishing nations are responsible for managing the fish
stocks that fall within their domestic waters, which extend 200
nautical miles from their coastline, also known as their
exclusive economic zone (EEZ). Unfortunately, many coastal
nations do not manage fish stocks sustainably, enforce their
fishery conservation and management measures effectively, or
coordinate management of shared fish stocks with other fishing
nations.
The Magnuson-Stevens Fishery Conservation and Management
Act (MSA), enacted in 1976 as the Fishery Conservation and
Management Act of 1976, provides the primary architecture for
the conservation and management of fisheries in United States
Federal waters.\1\ Under the MSA, the United States Government
exercises sovereign rights and exclusive management authority
over fish and Continental Shelf fishery resources within the
United States EEZ. The MSA vests the Secretary of Commerce
(Secretary) with overall authority for the management of these
resources. The Secretary generally carries out these
responsibilities through the National Oceanic and Atmospheric
Administration's National Marine Fisheries Service (NMFS). The
MSA calls for Regional Fishery Management Councils established
by the Act (and the Secretary in certain cases) to develop
fishery management plans, subject to the Secretary's approval,
that follow the Act's requirements, including rebuilding
overfished stocks and setting sustainable harvest levels using
catch limits based on the best available science. The
requirements of the MSA and the fishery management plans
promulgated thereunder are enforced by the Secretary and the
Secretary of the department in which the Coast Guard is
operating.
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\1\ Magnuson-Stevens Fishery Conservation and Management Act, 16
U.S.C. Sec. Sec. 1801-1884 (2012) (first enacted as the Fishery
Conservation and Management Act of 1976, Pub. L. 94-265, 90 Stat. 331
(1976)).
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Coordinated management of fish stocks harvested on the high
seas (i.e., waters beyond the jurisdiction of any nation) is
accomplished by nations participating in Regional Fisheries
Management Organizations (RFMOs) or through international
agreements created to guide and coordinate the fishery
management activities of multiple nations that target common
stocks in specific regions. Each nation that chooses to
participate in an RFMO or an international fishery agreement
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 enact
implementing legislation and promulgate regulations where
necessary in order to meet its commitments in RFMOs and under
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.
U.S. international fishery enforcement activities are
conducted by the Coast Guard and the NMFS under a longstanding
interagency agreement. The Coast Guard, whose 11 statutory
missions include fisheries law enforcement,\2\ is responsible
for conducting international (as well as domestic) fishery
patrols and all other at-sea enforcement, while the NMFS is
responsible for dockside and landside enforcement. The Coast
Guard conducts its international enforcement operations in
close coordination with the State Department, as required by
Presidential Directive 27.\3\ The NMFS and the Coast Guard also
provide input to the State Department for the negotiation of
international fishery agreements and the review and approval of
foreign fishing vessel permit applications.
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\2\ 6 U.S.C. Sec. 468(a)(1)(D) (2012).
\3\ See generally Presidential Directive 27, Jan. 19, 1978
(establishing uniform procedures within the United States Government
for dealing with non-military incidents which could have an adverse
impact upon the conduct of U.S. foreign relations).
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Foreign Illegal, Unreported, and Unregulated (IUU) Fishing
The term ``IUU fishing'' describes a range of fishing
activities, including: the failure to report, or the
misreporting of, catches; fishing without the permission of a
coastal country; the reflagging of vessels to countries that
are unable or unwilling to adequately control their fishing
activity; and noncompliance with fishing gear and area rules.
The extent to which IUU fishing occurs is not fully known, but
some have estimated that it accounts for as much as a fourth of
the world's fish catch and, as such, represents one of the
greatest challenges to sustainable global fishery conservation
and management. It has been estimated in recent years that
worldwide IUU fish harvests are worth between $10 billion and
$23.5 billion annually, and represent between 11 million and 26
million tons.\4\ Annual IUU harvests at these levels likely
create significant ecological impacts.
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\4\ David J. Agnew et al., Estimating the Worldwide Extent of
Illegal Fishing, PLoS ONE, Feb. 2009, at 4.
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Worldwide, the amount of IUU fishing appears to be
increasing as IUU fishermen attempt to avoid stricter fishing
rules created to address declining fish stocks. Preventing IUU
fishing on the high seas is difficult due to the vast areas of
ocean to monitor, enforcement resource limitations, and a high
volume of operating fishing vessels. Current international
efforts to eliminate IUU fishing are mainly led through the
United Nations (UN) Food and Agriculture Organization (FAO),
and are primarily focused on persuading individual nations to
better control and manage their fishing fleets. RFMOs generally
strive to follow guidelines established by the UN to combat IUU
fishing. The UN also plays an important role in addressing
labor abuses on fishing vessels.
IUU Challenges for Developing Countries
In an effort to generate revenue, the governments of many
developing coastal countries have negotiated agreements that
allow developed countries, including European countries, China,
and Russia, to harvest their fishery resources. In many
instances, officials from developing countries have oversold
fishing rights, thereby increasing potential total catches of
their fish stocks well beyond sustainable levels. Fishing under
these circumstances inevitably leads to overexploitation of
fishery resources, and this problem is exacerbated by the fact
that many developing coastal countries lack the capacity to
conduct fish stock assessments, define sustainable harvest
levels, and monitor compliance with and enforce fishery
conservation and management measures. Taken together, these
factors can result in rapid declines in abundance of local fish
stocks which, in turn, threaten the livelihoods of local
fishermen. Such circumstances have also led to illegal
trafficking, exploitation, and physical abuse of what are often
migrant workers on fishing vessels operating in the waters of
developing nations.
In some cases, these circumstances have even caused
fishermen to turn to piracy. A prime example is the coastal
country of Somalia. It has been widely reported that there are
direct connections between the significant increase in
piratical activity off the Horn of Africa in the past decade
and reduced fishing opportunities among Somali fishermen during
the same time period.\5\ The increased pirate attacks seem to
have originated as a response to foreign IUU fishing and
dumping of toxic waste in Somali waters, both of which had a
negative impact on fishing for Somali fishermen, and
subsequently expanded into a ransom-driven, hostage-taking
enterprise. More recently, it has been reported that the
relationship between Somali piracy and IUU fishing has come
full circle. In July 2013, the UN Security Council published a
special report on Somalia which indicates that Somali pirates
are now turning from hijacking ships to providing ``private
security'' for vessels illegally fishing in Somali waters.\6\
Specifically, the report states that in northern Somalia a
number of these individuals are reverting to prior, familiar
patterns of illicit behavior, including armed protection of
fishing activities and illegal fishing, arms trafficking, human
trafficking, and transshipment of narcotics.\7\ The UN report
also notes that illegal fishing has been reported to facilitate
other forms of contraband, including weapons smuggling.\8\ The
situation in Somalia makes clear that foreign IUU fishing has
broader implications beyond international fishery conservation
and management.
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\5\ See, e.g., Jeffrey Gettleman, Pirates Tell Their Side: They
Want Only Money, N.Y. TIMES, Oct. 1, 2008, at A6; Paul Salopek, Somali
Pirates Say It's All about Payback, Exacting Tax for Years of Fish
Poaching, They Say Waters Became Dumping Ground, SEATTLE TIMES, Oct.
15, 2008, at A9; Todd Pittman, Somali Pirates a Far Cry from Buccaneers
of Old, ASSOCIATED PRESS ONLINE, Apr. 11, 2009; Jason Straziuso,
Fishermen See Benefits to Pirates, the Trawlers That Used to Scoop up
All the Fish, Kenyan Fishermen Say, Have Been Scared Away, L.A. TIMES,
Mar. 7, 2010, at 11; and Abdiqani Hassan, A Pirate's Life of Luxury
Comes with Risk, Scorn, Ex-fisherman Lured to Sea by Huge Ransom
Payouts, CHI. TRIB., Mar. 13, 2011, at 30.
\6\ U.N. Security Council, Security Council Committee pursuant to
resolutions 751 (1992) and 1907 (2009) concerning Somalia and Eritrea,
Report of the Monitoring Group on Somalia and Eritrea pursuant to
Security Council resolution 2060 (2012): Somalia, 42, U.N. Doc. S/2013/
413 (Jul. 12, 2013).
\7\ Id. 41.
\8\ Id. 43.
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In recent years, marine policy experts have recommended a
number of measures to combat IUU fishing, particularly along
the coasts of developing countries. These recommendations have
included ending the system of flags of convenience, improving
port inspections and strengthening port state controls, and
reducing the fishing pressure caused by large fishing fleets
from industrialized nations. These measures require resources,
including funding, staff, technology, and expertise, that
remain largely unavailable in many developing countries.
Many foreign aid organizations, such as the World Bank,
attempt to direct foreign financial and technical assistance to
improve the sustainability of coastal nations' fisheries, but
the United States has undertaken only limited efforts to assist
developing countries in targeting IUU fishing.
The Magnuson-Stevens Fishery Conservation and Management
Reauthorization Act of 2006 (MSRA), Pub. L. No. 109-479, 120
Stat. 3575, which was passed by the 109th Congress and signed
into law in January 2007, made significant improvements in the
area of international fisheries conservation. The overarching
theme of these improvements was the enhancement and expansion
of the authority of the Secretary to work through various
multilateral organizations, such as RFMOs, to address IUU
fishing and bycatch of protected living marine resources
(PLMR).
Specifically, title IV of the MSRA amended the High Seas
Driftnet Fishing Moratorium Protection Act (Moratorium
Protection Act), 16 U.S.C. Sec. Sec. 1826d-1826k (2012), to
require the Secretary to produce a biennial report to Congress
which includes: the state of knowledge on the status of
international living marine resources that are shared by the
United States or are subject to a treaty or agreement to which
the United States is a party, including a list of all fish
stocks classified as overfished, overexploited, depleted,
endangered, or threatened with extinction by international or
other authorities charged with management or conservation of
living marine resources; a list of nations the United States
has identified as having vessels engaged in IUU fishing,
bycatch of PLMR, or both; a description of efforts taken by
listed nations to take appropriate corrective action; progress
in strengthening the efforts of international fishery
management organizations to end IUU fishing; and the steps
taken by the Secretary at the international level to adopt
measures comparable to those of the United States to reduce the
impacts of fishing and other practices on PLMR.
The MSRA also amended the Moratorium Protection Act to,
among other things: require the Secretary to pursue specific
improvements to strengthen international fishery management
organizations through the adoption of IUU vessel lists,
stronger port state controls, and market-related measures;
require the Secretary to promote improved monitoring and
surveillance of international fisheries; authorize the
Secretary to promulgate implementing rules relating to
certification for listed nations; and provide authority to
prohibit the importation into the United States of fish and
fish products from listed nations that fail to address
deficiencies in preventing IUU fishing and PLMR bycatch.
The Need for Legislation to Strengthen U.S. International Fisheries
Enforcement
As discussed above, the United States Coast Guard conducts
international fisheries enforcement patrols and other at-sea
enforcement activities, and the NMFS Office of Law Enforcement
conducts land-based enforcement activities, with the State
Department providing diplomatic and legal support where
necessary. The Coast Guard and the NMFS enforce the provisions
of a number of Federal statutes that implement the terms of
international fisheries treaties and agreements to which the
United States is a party. As these statutes were developed and
enacted over several decades, they often took divergent
approaches in the enforcement tools they provided, the fines
and penalties they imposed, and the authorities they provided
to carry out investigations of suspected violations. As a
result, U.S. international fisheries enforcement efforts are
carried out under a patchwork of different standards and
authorities. Harmonizing these standards and authorities across
various fisheries statutes would streamline, clarify, and
strengthen the overall approach for targeting foreign IUU
fishing. Furthermore, increasing fines and penalties would more
effectively deter IUU fishing. These fines and penalties should
amount to more than just the cost of doing business for those
engaging in IUU fishing, as they do now.
Harmonizing and clarifying international fisheries
standards and requirements would also likely increase the ease
and improve the efficiency with which the Coast Guard executes
its at-sea fisheries enforcement activities. This is not an
unimportant consideration as the Coast Guard seeks to fulfill
its mission requirements in the face of an increasingly
unpredictable and resource-constrained budgetary and
appropriations process.
The United States can take additional steps to promote
interagency cooperation and reduce the bureaucratic barriers
that can limit the effectiveness of fishery patrols,
investigations, and any subsequent litigation. The Coast Guard
and the NMFS undertake international fisheries enforcement
patrols and other activities to the extent that funding and
dockside enforcement resources allow, and as such have had
limited effectiveness in reducing IUU fishing and preventing
all IUU fish product from entering the United States. The
United States could improve its law enforcement efforts by
enabling agencies to better share enforcement authorities,
information, intelligence (subject to appropriate protections),
and other resources; enter into memoranda of understanding and
other agreements with fisheries officers in U.S. States and
other nations; and otherwise better utilize available
intergovernmental tools and resources.
Internationally, the United States has actively worked to
strengthen 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. Under
the auspices of the FAO, the United States led the development
of and signed an instrument on port state measures to prevent,
deter, and eliminate IUU fishing. Ultimately, this convention,
the Agreement on Port State Measures to Prevent, Deter and
Eliminate Illegal, Unreported and Unregulated Fishing, will
deny port entry to IUU fishing vessels and other vessels that
support IUU fishing. The United States has not yet ratified
this agreement. 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 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 Convention before it deposits
its instrument of ratification and accedes to the Convention.
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 Coast Guard
experts, the United States can expand its reach and
effectiveness in targeting this significant marine policy
problem facing developing countries.
Summary of Provisions
The International Fisheries Stewardship and Enforcement
Act, S. 269, would harmonize and strengthen U.S. fisheries
enforcement authorities and capabilities in order to better
combat and deter foreign IUU fishing activities.
Title I would strengthen the authority of the NMFS and the
Coast Guard to enforce fisheries laws under international
agreements to which the United States is a party, carry out
fishery investigations and enforcement activities, and deter
and discourage foreign IUU fishing activity through denial of
port access to IUU fishing vessels of nations listed under the
national certification process set forth in the Moratorium
Protection Act.
Title II would authorize the establishment of an
interagency task force on international fisheries enforcement
and provide the NMFS with new authorities to increase
interagency cooperation, share resources and information, and
extend authorities to other law enforcement officers. It also
would enhance capabilities to provide: assistance for
international capacity building efforts; training for
monitoring, enforcement, and conservation efforts; and
technical expertise, outreach, and education to combat IUU
fishing and promote international marine conservation.
Title III would make technical and clarifying amendments to
a number of living marine resource conservation and management
statutes, including several implementing statutes for
international fisheries agreements to which the United States
is a party.
Title IV would implement 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, also known as the
Antigua Convention. The Senate agreed to the resolution of
advice and consent to this Convention on November 18, 2005.
Legislative History
Senator Rockefeller introduced S. 269, the International
Fisheries Stewardship and Enforcement Act, on February 11,
2013. S. 269 is cosponsored by Senators Begich, Blumenthal,
Boxer, Cantwell, Hirono, Merkley, Murkowski, Nelson, Schatz,
and Wyden. Similar legislation, S. 52, was introduced by
Senator Inouye during the 112th Congress and referred to the
Committee on Commerce, Science, and Transportation. On July 30,
2013, the Committee met in open executive session and, by a
voice vote, ordered S. 269 reported favorably with an amendment
in the nature of a substitute.
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. 269--International Fisheries Stewardship and Enforcement Act
Summary: S. 269 would establish uniform enforcement
policies and procedures among federal statutes that govern the
regulation of commercial fishing. The bill also would expand
the efforts of the National Oceanic and Atmospheric
Administration (NOAA) to address illegal, unreported, and
unregulated (IUU) fishing internationally. Finally, the bill
would amend the Tuna Conventions Act of 1950 to implement the
Antigua Convention, an international fishing agreement signed
by the United States in 2003.
Assuming appropriation of the necessary amounts, CBO
estimates that implementing S. 269 would cost $31 million over
the 2014-2018 period. Enacting the legislation could increase
revenues (from civil and criminal penalties) and associated
direct spending; therefore, pay-as-you-go procedures apply.
However, CBO estimates that the net effects of those
collections and subsequent spending on future budget deficits
would be negligible for each year.
CBO has not reviewed title IV of the bill for
intergovernmental or private-sector mandates. Section 4 of the
Unfunded Mandates Reform Act (UMRA) excludes from the
application of that act any legislative provisions that are
necessary for the ratification or implementation of
international treaty obligations. CBO has determined that title
IV falls within that exclusion. The remaining provisions of S.
269 contain no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 269 is shown in the following table. The
costs of this legislation fall within budget function 300
(environment and natural resources).
------------------------------------------------------------------------
By fiscal year, in millions of dollars--
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2014-
2014 2015 2016 2017 2018 2018
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
IUU Fishing Identification
Program:
Estimated Authorization 2 3 3 3 3 14
Level....................
Estimated Outlays......... 1 3 3 3 3 13
Technical Assistance:
Estimated Authorization 3 4 4 4 4 19
Level....................
Estimated Outlays......... 2 4 4 4 4 18
Total Changes:
Estimated 5 7 7 7 7 33
Authorization Level..
Estimated Outlays..... 3 7 7 7 7 31
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Note: IUU = illegal, unreported, and unregulated.
Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted early in 2014 and that the
necessary amounts will be appropriated for each fiscal year.
Estimated outlays are based on historical spending patterns for
similar programs.
Title I would expand the scope of a program to identify
nations engaged in IUU fishing. The bill would require NOAA to
maintain a list of nations that have engaged in certain IUU
fishing practices within the preceding three years, including
activities that violate international agreements to which the
United States is not a party. Under current law, NOAA is
required to identify and list nations that engaged in IUU
activities during the previous year that violate international
agreements to which the United States is a party. Based on
information provided by NOAA, CBO estimates that hiring
additional staff to help NOAA expand the scope of the IUU
identification program would cost about $3 million a year,
assuming appropriation of the necessary amounts.
Title II would authorize NOAA to assist foreign governments
in improving international enforcement of fisheries laws. Based
on information provided by the agency and assuming
appropriation of the necessary amounts, CBO estimates that
providing technical assistance to foreign nations would cost
about $4 million a year over the 2014-2018 period.
Title IV 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 IV would have
no significant impact on the federal budget.
Pay-As-You-Go Considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. Enacting S. 269 could increase revenues (from civil
and criminal penalties) and associated direct spending;
therefore, pay-as-you-go procedures apply. However, 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).
Intergovernmental and private-sector impact: CBO has not
reviewed title IV of the bill for intergovernmental or private-
sector mandates. Section 4 of UMRA excludes from the
application of that act any legislative provisions that are
necessary for the ratification or implementation of
international treaty obligations. CBO has determined that the
provisions of title IV fall within that exclusion because they
would implement the Antigua Convention.
The remaining provisions of the bill contain no
intergovernmental or private-sector mandates as defined in UMRA
and would impose no costs on state, local, or tribal
governments.
Estimate prepared by: Federal Costs: Jeff LaFave; Impact on
State, Local, and Tribal Governments: Melissa Merrell; Impact
on the Private Sector: Amy Petz.
Estimate approved by: Theresa Gullo, 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. 269 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 illegal, unregulated, and unreported (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 to
promulgate regulations necessary to carry out the enforcement
authorities under section 101 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
Foreign IUU fish currently have an unfair competitive
advantage over U.S.-caught fish, because foreign IUU fish are
harvested as cheaply as possible, with no regard for
sustainable fishing practices. Cheap, foreign IUU fish undercut
the value of fish from U.S. fisheries, which are sustainably
caught, putting U.S. commercial fishermen and the commercial
fishing and seafood industries at an unfair competitive
disadvantage and preventing them from realizing the full value
of their fish and fish products. An improved fisheries
enforcement regime that curtails foreign IUU fishing and entry
of IUU fish into the United States would promote fair
marketplace competition, increase the value of sustainably
harvested U.S. fish and fish products (as well as seafood
imports harvested under equivalent conservation and management
measures), and may have an overall positive impact on the U.S.
economy.
privacy
The reported bill would not have any adverse impact on the
personal privacy of individuals.
paperwork
S. 269 would not impose any new paperwork requirements on
private citizens, businesses, or other entities that do not
choose to participate in international fisheries activities;
those who do participate in this industry may be subject to
some changes in the paperwork requirements to meet emerging
program needs.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short Title and Table of Contents
This section would provide that this Act may be cited as
the ``International Fisheries Stewardship and Enforcement
Act,'' and would set forth a table of contents for the Act.
title i. administration and enforcement of certain fishery and related
statutes
Section 101. Authority of the Secretary of Commerce to Enforce Statutes
Subsection (a) of this section would provide that the
Secretary and the Secretary of the department in which the
Coast Guard is operating shall enforce the other Acts to which
this section would apply. The Secretary would be permitted, by
agreement, on a reimbursable basis or otherwise, to utilize
personnel services, equipment, and facilities of any other
Federal agency, including all elements of the Department of
Defense, and of any State agency, in carrying out this section.
This section of the Act would apply to: the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C 1826d et seq.); the
Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3631 et seq); the
Dolphin Protection Consumer Information Act (16 U.S.C. 1385);
the Tuna Conventions Act of 1950 (16 U.S.C. 951 et seq.); the
North Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 5001 et
seq.); the South Pacific Tuna Act of 1988 (16 U.S.C. 973 et
seq.); the Antarctic Marine Living Resources Convention Act of
1984 (16 U.S.C. 2431 et seq.); the Atlantic Tunas Convention
Act of 1975 (16 U.S.C. 971 et seq.); the Northwest Atlantic
Fisheries Convention Act of 1995 (16 U.S.C. 5601 et seq.); the
Western and Central Pacific Fisheries Convention Implementation
Act (16 U.S.C. 6901 et seq.); the Northern Pacific Halibut Act
of 1982 (16 U.S.C. 773 et seq.); the Antigua Convention
Implementing Act of 2013; and any other Act of the same
subject, as designated by the Secretary after notice and an
opportunity for a hearing.
Subsection (b) would direct the Secretary to prevent any
person from violating any Act to which this section applies in
the same manner, by the same means, and with the same powers,
jurisdiction, and duties, as though sections 308 through 311 of
the MSA were incorporated into and made a part of each such
Act. Except as provided in subsection (c), any person who
violated any Act to which this section would apply would be
subject to the penalties, and entitled to the privileges and
immunities, provided in the MSA in the same manner and by the
same means, as though sections 308 through 311 of the MSA were
incorporated into and made a part of each such Act.
Subsection (c) of this section establishes uniform
authorities regarding enforcement and information collection,
maintenance, and use that would apply in the event of a
conflict with a corresponding provision of the MSA. Under these
authorities, officers authorized to enforce the provisions of
any Act to which this section would apply would be empowered
to: search or inspect any facility or conveyance used for the
storage, processing, transport, or trade of fish or fish
products; inspect records pertaining to the storage,
processing, transport, or trade of fish or fish products;
detain, for a period of up to 14 days, any shipment of fish or
fish product imported into, landed on, introduced into,
exported from, or transported within the jurisdiction of the
United States, or, if perishable, sell and retain the proceeds
therefrom for a period of up to 14 days; carry firearms and
make an arrest for any offense under the laws of the United
States committed in the officer's presence, or for the
commission of any felony under the laws of the United States if
there are reasonable grounds; conduct searches and seizures in
accordance with guidelines issued by the Attorney General of
the United States; and execute and serve subpoenas, arrest
warrants, search warrants issued in accordance with Rule 41 of
the Federal Rules of Criminal Procedure, or any other warrant
or process issued by an officer or court of competent
jurisdiction.
Subsection (c) also would require the Secretary and the
head of each department and agency providing personnel for the
task force under section 201 to share all applicable
information, intelligence, and data, related to IUU fishing.
The Secretary, through the task force, would coordinate the
collection, storage, analysis, and dissemination of all
applicable materials related to IUU fishing and would ensure
the protection and confidentiality required by law for
materials related to IUU fishing. The Secretary and the other
task force participants would be required to develop data
standardization for fisheries-related data for each member-
agency of the task force and with international fisheries
enforcement databases as appropriate. Upon request of the
Secretary, elements of the intelligence community would collect
information related to IUU fishing outside the United States
about non-U.S. persons and share such information with the
Secretary, through the task force, for law enforcement
purposes. In addition, this subsection would give the Secretary
the authority to share fisheries related data with other
Federal or State government agencies, foreign governments, and
international organizations, provided such entities have
policies and procedures to safeguard the information from
unintended or unauthorized disclosure, and the exchange of
information is necessary for administrative or enforcement
purposes.
Subsection (d) would establish that the district courts of
the United States have jurisdiction over any actions arising
under this section. American Samoa would be included within the
District of Hawaii. Any offenses not committed in any district
would be subject to the venue provisions of section 3238 of
title 18, United States Code.
Subsection (e) would set forth a uniform set of prohibited
acts in order to aid in the administration and enforcement of
this section and each Act to which this section would apply.
Subsection (f) would authorize the Secretary to promulgate
such regulations, in accordance with the notice and comment
requirements of section 553 of title 5, United States Code, as
may be necessary to carry out this section or any Act to which
this section would apply.
Section 102. Conforming, Minor, and Technical Amendments
This section would make conforming, minor, and technical
amendments to provide for administration and enforcement of
section 101 of this Act, and of the Acts to which section 101
would apply, to: the High Seas Driftnet Fishing Moratorium
Protection Act; the Dolphin Protection Consumer Information
Act; the North Pacific Anadromous Stocks Act of 1992; the
Pacific Salmon Treaty Act of 1985; the South Pacific Tuna Act
of 1988; the Antarctic Marine Living Resources Convention Act
of 1984; the Atlantic Tunas Convention Act of 1975; the
Northwest Atlantic Fisheries Convention Act of 1995; the
Western and Central Pacific Fisheries Convention Implementation
Act; and the Northern Pacific Halibut Act of 1982.
Section 103. Illegal, Unreported, or Unregulated Fishing
Subsection (a) of this section would amend the Moratorium
Protection Act to: permit the Secretary to maintain and publish
a list of vessels and vessel owners engaged in IUU fishing, and
to take appropriate action against listed vessels and vessel
owners; and require that any restrictions on port access
imposed as a part of such an action apply to all U.S. ports.
Subsection (a) also would amend the statutory guidelines
for the definition of IUU fishing in the Moratorium Protection
Act to include, to the extent possible: fishing activities
conducted by foreign vessels in waters under the jurisdiction
of a nation without permission of that nation; and fishing
activities conducted by foreign vessels in contravention of a
nation's laws or regulations, including activity that has not
been reported or has been misreported to a nation in
contravention of its laws or regulations. The Committee notes
that this language does not refer only to a nation's
conservation and management laws or regulations, but to a
nation's laws or regulations generally.
Subsection (b) would make conforming amendments to the High
Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a et
seq.).
Section 104. Liability
This section would provide that any claims arising from the
actions of any officer authorized to enforce the provisions of
this Act or any Act to which this Act applies, taken pursuant
to any scheme for at-sea boarding and inspection authorized
under any international agreement to which the United States is
a party, may be pursued under the tort claims procedures of
chapter 171 of title 28, United States Code, or such other
legal authority as may be pertinent.
title ii. law enforcement and international operations
Section 201. International Fisheries Enforcement
This section would authorize the establishment of an
international fisheries enforcement task force, provide for its
organization, and delineate the powers of authorized officers
operating under its purview.
Subsection (a) would require the Secretary, acting through
the NMFS's existing international enforcement program, to
establish an international fisheries enforcement task force not
later than 12 months after the date of enactment of this Act.
The authorized purposes of the task force would be to detect
and investigate IUU fishing activity and trafficking in the
resulting IUU fish or fish products, and to enforce the
provisions of this Act and any Act to which section 101 of this
Act would apply. The task force would include permanent
representation from the NMFS's international enforcement
program, the Coast Guard, Customs and Border Protection, the
Food and Drug Administration, and such other Federal agencies
as the Secretary considers appropriate and necessary to carry
out the purposes of the task force.
Subsection (b) would provide the authorities necessary to:
facilitate agency representation to the task force; make staff,
equipment, and other resources available to support the task
force; and, to the extent possible and consistent with
applicable law, extend the relevant statutory authorities of
each department or agency participating in the task force to
the other departments and agencies participating in the task
force. The Secretary and the head of each department or agency
providing personnel for the task force would be authorized, at
their discretion, to develop interagency plans and budgets and
engage in interagency financing for purposes of this
subsection. The Secretary would be required, not later than 180
days after the task force is established, to develop a 5-year
strategic plan for guiding interagency and intergovernmental
fisheries enforcement efforts to carry out the provisions of
this Act, and would be required to update the plan at least
once every 5 years.
Subsection (b) also would authorize the Secretary, in
coordination with the head of each department and agency
providing personnel for the task force, to: conduct joint
operations in support of the authorized purposes of the task
force; create and participate in committees or other working
groups with other Federal, State, or local government entities,
and with the governments of other nations, for such purposes;
and enter into agreements with other Federal, State, or local
government entities, as well as with foreign governments, on a
reimbursable basis or otherwise, for such purposes.
Subsection (c) would provide that an authorized officer,
while operating under an agreement with the Secretary under
section 101 of this Act or conducting a joint operation for the
authorized purposes of the task force, shall have the powers
and authority provided in section 101.
Section 202. International Cooperation and Assistance
This section would provide the Secretary with authorities
to improve international cooperation and assistance in fishery
conservation and management.
Subsection (a) would authorize the Secretary to provide
international cooperation and assistance for international
capacity building efforts.
Subsection (b) would provide that, in carrying out this
section, the Secretary may: (1) provide technical expertise to
other nations to assist them in addressing IUU fishing
activities; (2) provide technical expertise to other nations to
assist them in reducing the loss and environmental impacts of
derelict fishing gear, reducing the bycatch of living marine
resources, and promoting international marine resource
conservation; (3) provide technical expertise, and training, in
cooperation with the task force established under section 201
of this Act, to other nations to aid them in building capacity
for enhanced fisheries management, fisheries monitoring, catch
and trade tracking activities, enforcement, and international
marine resource conservation; (4) establish partnerships with
other Federal agencies, as appropriate, to ensure that
fisheries development assistance to other nations is directed
toward efforts that promote sustainable fisheries; (5) conduct
outreach and education efforts in order to promote public and
private sector awareness of international fisheries
sustainability issues, including the need to combat IUU fishing
activity and to promote international marine resource
conservation; (6) use, with their consent, with reimbursement
and subject to the limits of available appropriations, the
land, services, equipment, personnel, and facilities of any
department, agency, or instrumentality of the United States or
other government entity or international organization, for
purposes related to carrying out the responsibilities of any
statute administered by the National Oceanic and Atmospheric
Administration; and accept and expend funds from other Federal
agencies or foreign governments to carry out the purposes of
this section.
Subsection (c) would authorize the Secretary to establish
guidelines as necessary to implement this section.
title iii. miscellaneous amendments
Section 301. Atlantic Tunas Convention Act of 1975
This section would amend section 6 of the Atlantic Tunas
Convention Act of 1975, to provide the Secretary with authority
for expedited implementation of recommendations by the
International Commission for the Conservation of Atlantic Tunas
concerning trade restrictive measures against a nation or
fishing entity under the Convention for the Conservation of
Atlantic Tunas.
Section 302. Data Sharing
This section would amend the Moratorium Protection Act and
the MSA to authorize the Secretary to share information, as
necessary and appropriate, with other government entities and
international organizations.
Section 303. Permits Under the High Seas Fishing Compliance Act of 1995
This section would amend the High Seas Fishing Compliance
Act of 1995 (16 U.S.C. 5501 et. seq.) to void a permit issued
under that Act if: (1) one or more permits required for a
vessel to fish, in addition to the permit issued under that
Act, expire, are revoked, or are suspended; or (2) the vessel
is no longer eligible for U.S. documentation, such
documentation is revoked or denied, or the vessel is deleted
from such documentation.
Section 304. Committee on Scientific Cooperation for Pacific Salmon
Agreement
This section would amend the Pacific Salmon Treaty Act to
allow members of the Committee on Scientific Cooperation who
are not State or Federal employees to receive compensation when
performing duties for the Commission.
title iv. implementation of the antigua convention
Section 401. Short Title; references to the Tuna Convention Act of 1950
This section would provide that this title may be cited as
the ``Antigua Convention Implementing Act of 2013,'' and that,
except as otherwise expressly provided, all references in this
title to a section or other provision are to a section or other
provision of the Tuna Conventions Act of 1950, as amended.
Section 402. Definitions
This section would amend section 2 to define the terms
``Antigua Convention,'' ``Commission,'' ``Convention,''
``import,'' ``person,'' ``United States,'' ``United States
Commissioners,'' and ``United States Section.''
Section 403. Commissioners; Number, Appointment, and Qualifications
This section would amend section 3 to provide that the
United States shall be represented on the Inter-American
Tropical Tuna Commission by 5 Commissioners, whom the President
shall appoint to serve on the Commission at the pleasure of the
President. It would require that, in making the appointments,
the President select Commissioners from among individuals who
are experts on highly migratory fish stocks in the eastern
tropical Pacific Ocean, with one Commissioner from each of the
Department of Commerce, the Western Pacific Fishery Management
Council, and the Pacific Fishery Management Council. It would
provide that not more than 2 Commissioners may be appointed who
reside in a State whose vessels do not maintain a substantial
fishery in the area of the Convention. Section 3 as amended
also would allow for an Alternate U.S. Commissioner to be
appointed in the case of a Commissioner's absence, and would
specify certain details regarding Commissioners' employment
status, compensation, and travel expenses.
Section 404. General Advisory Committee and Scientific Advisory
Subcommittee
This section would amend section 4 to provide for the
appointment of a General Advisory Committee and a Scientific
Advisory Subcommittee. It would authorize the Secretary, in
consultation with the Secretary of State, to appoint the
General Advisory Committee, and require that it consist of no
more than 25 individuals representing various groups, including
nongovernmental conservation organizations. Members of the
Committee would be appointed for three year terms and be
eligible for reappointment. The Committee would be invited to
attend all non-executive meetings of the United States Section
and would provide advice on Commission matters. Section 4 as
amended would authorize the Secretary, in consultation with the
Secretary of State, to appoint a Scientific Advisory
Subcommittee of no less than 5 nor more than 15 qualified
scientists, to advise the General Advisory Committee on fishery
conservation and management matters. It would also provide
certain authorities for both the Committee and the Subcommittee
regarding their organization, public participation in meetings,
information sharing with the Secretary and the Secretary of
State, and administrative matters.
Section 405. Rulemaking
This section would amend section 6 to authorize 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, to promulgate
regulations necessary to carry out United States obligations
under the Convention and the Tuna Conventions Act of 1950 as
amended. These regulations would be applicable to all vessels
and persons subject to the jurisdiction of the United States,
including United States flag vessels wherever they may be
operating.
Section 406. Prohibited Acts
This section would amend section 8 to make it unlawful for
any person (1) to violate any provision of this chapter or any
regulation or permit issued under the Tuna Conventions Act of
1950, as amended by the Antigua Convention Implementing Act of
2013; (2) to use any fishing vessel to engage in fishing after
the revocation or during the period of suspension of an
applicable permit issued pursuant to the Act; (3) to refuse to
permit any officer authorized to enforce the provisions of the
Act to board a fishing vessel to conduct a search,
investigation, or inspection in connection with the enforcement
of the Act or any regulation, permit, or the Convention; (4) to
forcibly assault, resist, oppose, impede, intimidate, sexually
harass, bribe, or interfere with any such authorized officer in
the conduct of any search, investigations or inspection in
connection with the enforcement of the Act or any regulation,
permit, or the Convention; (5) to resist a lawful arrest for
any act prohibited by the Act; (6) to ship, transport, offer
for sale, sell, purchase, import, export, or have custody,
control, or possession of, any fish taken or retained in
violation of the Act or any regulation, permit, or agreement
referred to in prohibited acts (1) or (2) above; (7) to
interfere with, delay, or prevent, by any means, the
apprehension or arrest of another person, knowing that such
other person has committed any act prohibited by this section;
(8) to knowingly and willfully submit to the Secretary false
information regarding any matter that the Secretary is
considering in the course of carrying out the Act; (9) to
forcibly assault, resist, oppose, impede, intimidate, sexually
harass, bribe, attempt to bribe, or interfere with any observer
on a vessel under the Convention, or any data collector
employed by the NMFS or under contract to any person to carry
out responsibilities under the Act; (10) to engage in fishing
in violation of any regulation adopted pursuant to section 6 of
the Act; (11) to ship, transport, purchase, sell, offer for
sale, import, export, or have in custody, possession, or
control any fish taken or retained in violation of such
regulations; (12) to fail to make, keep, or furnish any catch
returns, statistical records, or other reports as are required
by regulations adopted pursuant to the Act to be made, kept, or
furnished; (13) to fail to stop a vessel upon being hailed and
instructed to stop by a duly authorized official of the United
States; or (14) to import any fish in any form in violation of
any regulation adopted pursuant to section 6 of the Act.
Section 407. Enforcement
This section would amend section 10 to provide that the
Tuna Conventions Act of 1950, as amended, shall be enforced
under section 101 of the International Fisheries Stewardship
and Enforcement Act.
Section 408. Reduction of Bycatch
This section would make a technical correction to section
15.
Section 409. Repeal of Eastern Pacific Tuna Licensing Act of 1984
This section would repeal the Eastern Pacific Tuna
Licensing Act of 1984.
Section 410. Conforming Amendments to the Marine Mammal Protection Act
of 1972
This section would make conforming amendments to sections
101, 108, and 307 of the Marine Mammal Protection Act of 1972
necessary as a result of the amendments that would be made by
this title to the Tuna Conventions Act of 1950.
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]
(a) Detecting, Monitoring, and Preventing Violations._ 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.
(b) Enforcement.--This Act shall be enforced under section
101 of the International Fisheries Stewardship and Enforcement
Act.
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 not later than
June 1 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] organizations, or
arrangements made pursuant to an international fishery
agreement (as defined in section 3(24) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1802(24))),
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.] territories; and
(5) urging other nations, through the regional
fishery management organizations of which the United
States is a member, bilaterally and otherwise to seek
and foster the sharing of accurate, relevant, and
timely information--
(A) to improve the scientific understanding
of marine ecosystems;
(B) to improve fisheries management
decisions;
(C) to promote the conservation of protected
living marine resources;
(D) to combat illegal, unreported, and
unregulated fishing; and
(E) to improve compliance with conservation
and management measures in international
waters.
(b) Information Sharing.--In carrying out this section, the
Secretary may disclose, as necessary and appropriate,
information to the Food and Agriculture Organization formed at
Quebec, Canada, on October 16, 1945, international fishery
management organizations, or arrangements made pursuant to an
international fishery agreement, if such organizations or
arrangements have policies and procedures to safeguard such
information from unintended or unauthorized disclosure.
(c) Vessels and Vessel Owners Engaged in Illegal, Unreported,
or Unregulated Fishing.--The Secretary may--
(1) develop, maintain, and make public a list of
vessels and vessel owners that are engaged, or have
been engaged at any point during the preceding 2 years,
in 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, whether or not the United States is a party
to such organization or arrangement;
(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 and trade
agreements; and
(3) provide notification to the public of vessels and
vessel owners identified by international fishery
management organizations or arrangements made pursuant
to an international fishery agreement as having been
engaged in illegal, unreported, or unregulated fishing,
as well as any measures adopted by such organizations
or arrangements to address illegal, unreported, or
unregulated fishing.
(d) Restrictions on Port Access or Use.--Action taken by the
Secretary under subsection (c)(2) that includes measures to
restrict use of or access to ports or port services shall apply
to all ports of the United States and its territories.
(e) Regulations.--The Secretary may promulgate regulations to
implement subsections (c) and (d).
SEC. 609. ILLEGAL, UNREPORTED, OR UNREGULATED FISHING.
[16 U.S.C. 1826j]
[(a) Identification.--The Secretary shall identify, and list
in the report under section 607, a nation if fishing vessels of
that nation are engaged, or have been engaged at any point
during the preceding 2 years, in illegal, unreported, or
unregulated fishing--
[(1) 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) where no international fishery management
organization exists with a mandate to regulate the
fishing activity in question.]
(a) Identification.--
(1) In general.--The Secretary shall identify, and
list in the report under section 607, a nation if that
nation is engaged, or has been engaged at any time
during the preceding 3 years, in illegal, unreported,
or unregulated fishing and--
(A) such fishing undermines the effectiveness
of measures required under the relevant
international fishery management organization;
(B) 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
(C) there is no international fishery
management organization with a mandate to
regulate the fishing activity in question.
(2) Other identifying activities.--The Secretary
shall also identify, and list in the report under
section 607, a nation if--
(A) it is violating, or has violated at any
time 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, taking into account the factors
described in paragraph (1); or
(B) it is failing, or has failed at any time
during the preceding 3 years, to effectively
address or regulate illegal, unreported, or
unregulated fishing.
(3) Treatment of certain entities as if they were
nations.--Where the provisions of this Act apply to the
act, or failure to act, of a nation, they shall also be
applicable, as appropriate, to any other entity that is
competent to enter into an international fishery
management agreement.
* * * * * * *
(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,] procedure,
on a shipment-by-shipment, shipper-by-shipper, or other
[basis of fish] basis, for allowing importation of fish
or fish products from a vessel of a [harvesting nation
not certified under paragraph (1)] nation 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] ; and
(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.
(e) Illegal, Unreported, or Unregulated Fishing Defined.--
(1) In general.--In this Act the term ``illegal,
unreported, or unregulated fishing'' has the meaning
established under paragraph (2).
(2) Secretary to define term within legislative
guidelines.--[Within 3 months after the date of
enactment of the Magnuson-Stevens Fishery Conservation
and Management Reauthorization Act of 2006] Not later
than 180 days after the date of enactment of the
International Fisheries Stewardship and Enforcement
Act, the Secretary shall publish a definition of the
term ``illegal, unreported, or unregulated fishing''
for purposes of this Act.
(3) Guidelines.--The Secretary shall include in the
definition, at a minimum--
(A) fishing activities that violate
conservation and management measures required
under an international fishery management
agreement to which the United States is a
party, including catch limits or quotas,
capacity restrictions, bycatch reduction
requirements, and shark conservation measures;
(B) overfishing of fish stocks shared by the
United States, for which there are no
applicable international conservation or
management measures or in areas with no
applicable international fishery management
organization or agreement, that has adverse
impacts on such stocks; [and]
(C) fishing activity that has an adverse
impact on seamounts, hydrothermal vents, and
cold water corals located beyond national
jurisdiction, for which there are no applicable
conservation or management measures or in areas
with no applicable international fishery
management organization or [agreement.]
agreement; and
(D) to the extent possible--
(i) fishing activities conducted by
foreign vessels in waters under the
jurisdiction of a nation without
permission of that nation; and
(ii) fishing activities conducted by
foreign vessels in contravention of a
nation's laws (including regulations),
including fishing activity that has not
been reported or that has been
misreported to the relevant national
authority of a nation in contravention
of that nation's laws (including
regulations).
* * * * * * *
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] 3 years, 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.
* * * * * * *
(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
(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.
* * * * * * *
DOLPHIN PROTECTION CONSUMER INFORMATION ACT
[16 U.S.C. 1385]
SEC. 901. DOLPHIN PROTECTION.
* * * * * * *
(d) Labeling Standard.--
(1) It is a violation of section 5 of the Federal
Trade Commission Act (15 U.S.C. 45) for any producer,
importer, exporter, distributor, or seller of any tuna
product that is exported from or offered for sale in
the United States to include on the label of that
product the term ``dolphin safe'' or any other term or
symbol that falsely claims or suggests that the tuna
contained in the product were harvested using a method
of fishing that is not harmful to dolphins if the
product contains tuna harvested--
(A) on the high seas by a vessel engaged in
driftnet fishing;
(B) outside the eastern tropical Pacific
Ocean by a vessel using purse seine nets--
(i) in a fishery in which the
Secretary has determined that a regular
and significant association occurs
between dolphins and tuna (similar to
the association between dolphins and
tuna in the eastern tropical Pacific
Ocean), unless such product is
accompanied by a written statement,
executed by the captain of the vessel
and an observer participating in a
national or international program
acceptable to the Secretary, certifying
that no purse seine net was
intentionally deployed on or used to
encircle dolphins during the particular
voyage on which the tuna were caught
and no dolphins were killed or
seriously injured in the sets in which
the tuna were caught; or
(ii) in any other fishery (other than
a fishery described in subparagraph
(D)) unless the product is accompanied
by a written statement executed by the
captain of the vessel certifying that
no purse seine net was intentionally
deployed on or used to encircle
dolphins during the particular voyage
on which the tuna was harvested;
(C) in the eastern tropical Pacific Ocean by
a vessel using a purse seine net unless the
tuna meet the requirements for being considered
dolphin safe under paragraph (2); or
(D) by a vessel in a fishery other than one
described in subparagraph (A), (B), or (C) that
is identified by the Secretary as having a
regular and significant mortality or serious
injury of dolphins, unless such product is
accompanied by a written statement executed by
the captain of the vessel and an observer
participating in a national or international
program acceptable to the Secretary that no
dolphins were killed or seriously injured in
the sets or other gear deployments in which the
tuna were caught, provided that the Secretary
determines that such an observer statement is
necessary.
(2) For purposes of paragraph (1)(C), a tuna product
that contains tuna harvested in the eastern tropical
Pacific Ocean by a vessel using purse seine nets is
dolphin safe if--
(A) the vessel is of a type and size that the
Secretary has determined, consistent with the
International Dolphin Conservation Program, is
not capable of deploying its purse seine nets
on or to encircle dolphins; or
(B) (i) the product is accompanied by a
written statement executed by the captain
providing the certification required under
subsection (h);
(ii) the product is accompanied by a
written statement executed by--
(I) the Secretary or the
Secretary's designee;
(II) a representative of the
Inter-American Tropical Tuna
Commission; or
(III) an authorized
representative of a
participating nation whose
national program meets the
requirements of the
International Dolphin
Conservation Program, which
states that there was an
observer approved by the
International Dolphin
Conservation Program on board
the vessel during the entire
trip and that such observer
provided the certification
required under subsection (h);
and
(iii) the statements referred to in
clauses (i) and (ii) are endorsed in
writing by each exporter, importer, and
processor of the product; and
(C) the written statements and endorsements
referred to in subparagraph (B) comply with
regulations promulgated by the Secretary which
provide for the verification of tuna products
as dolphin safe.
(3) (A) The Secretary of Commerce shall develop an
official mark that may be used to label tuna products
as dolphin safe in accordance with this Act.
(B) A tuna product that bears the dolphin
safe mark developed under subparagraph (A)
shall not bear any other label or mark that
refers to dolphins, porpoises, or marine
mammals.
(C) It is a violation of section 5 of the
Federal Trade Commission Act (15 U.S.C. 45) to
label a tuna product with any label or mark
that refers to dolphins, porpoises, or marine
mammals other than the mark developed under
subparagraph (A) unless--
(i) no dolphins were killed or
seriously injured in the sets or other
gear deployments in which the tuna were
caught;
(ii) the label is supported by a
tracking and verification program which
is comparable in effectiveness to the
program established under subsection
(f); and
(iii) the label complies with all
applicable labeling, marketing, and
advertising laws and regulations of the
Federal Trade Commission, including any
guidelines for environmental labeling.
(D) If the Secretary determines that the use
of a label referred to in subparagraph (C) is
substantially undermining the conservation
goals of the International Dolphin Conservation
Program, the Secretary shall report that
determination to the United States Senate
Committee on Commerce, Science, and
Transportation and the United States House of
Representatives Committees on Resources and on
Commerce, along with recommendations to correct
such problems.
(E) It is a violation of section 5 of the
Federal Trade Commission Act (15 U.S.C. 45)
willingly and knowingly to use a label referred
to in subparagraph (C) in a campaign or effort
to mislead or deceive consumers about the level
of protection afforded dolphins under the
International Dolphin Conservation Program.
(4) It is a violation of section 101 of the
International Fisheries Stewardship and Enforcement Act
for any person to assault, resist, oppose, impede,
intimidate, or interfere with an authorized officer in
the conduct of any search, investigation or inspection
under this 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) Enforcement.--This Act shall be enforced under section
101 of the International Fisheries Stewardship and Enforcement
Act.
* * * * * * *
NORTH PACIFIC ANADROMOUS STOCKS ACT OF 1992
[16 U.S.C. 5001 et seq.]
SEC. 810. UNLAWFUL ACTIVITIES.
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] purposes of conducting any [search or
inspection] 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 or inspection] 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.
[(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; 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. ADMINISTRATION AND ENFORCEMENT.
This Act shall be enforced under section 101 of the
International Fisheries Stewardship and Enforcement Act.
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 or inspection] search,
investigation, or inspection in connection with the
enforcement of this title;
(3) to forcibly assault, resist, oppose, impede,
intimidate, or interfere with any such authorized
officer in the conduct of any [search or inspection]
search, investigation, or inspection described in
subparagraph (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
(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) Administration and Enforcement.--This Act shall be
enforced under section 101 of the International Fisheries
Stewardship and Enforcement Act.
SEC. 11. ADMINISTRATIVE MATTERS.
[16 U.S.C. 3640]
(a) Compensation of Commissioners and Alternate
Commissioners.--Commissioners and Alternate Commissioners who
are not State or Federal employees shall receive compensation
at the daily rate of GS-18 of the General Schedule when engaged
in the actual performance of duties for the United States
Section or for the Commission.
(b) Compensation of Panel Members and Alternate Panel
Members.--Panel Members and Alternate Panel Members who are not
State or Federal employees shall receive compensation at the
daily rate of GS-16 of the General Schedule when engaged in the
actual performance of duties for the United States Section or
for the Commission.
(c) Compensation of Committee on Scientific Cooperation
Members.--Members of the Committee on Scientific Cooperation
who are not State or Federal employees shall receive
compensation at a rate equivalent to the rate payable for level
IV of the Executive Schedule under section 5315 of title 5,
United States Code, when engaged in actual performance of
duties for the Commission.
[(c)] (d) Travel; Other Expenses.--Travel and other necessary
expenses shall be paid for all United States Commissioners,
Alternate Commissioners, Panel Members, Alternate Panel
Members, members of the Joint Technical Committee, and members
of the Advisory Committee when engaged in the actual
performance of duties for the United States Section or for the
Commission.
[(d)] (e) Individuals Not Considered Federal Employees.--
Except for officials of the United States Government, such
individuals shall not be considered to be Federal employees
while engaged in the actual performance of duties for the
United States Section or for the Commission, except for the
purposes of injury compensation or tort claims liability as
provided in chapter 81 of title 5, United States Code, and
chapter [71] 171 of title 28, United States Code.
SEC. 16. NORTHERN AND SOUTHERN FUNDS; TREATY IMPLEMENTATION; ADDITIONAL
AUTHORIZATION OF APPROPRIATIONS.
[16 U.S.C. 3645]
* * * * * * *
(d) Authorization of Appropriations--
(1) Pacific Salmon Treaty.--
(A) For capitalizing the Northern Fund there
is authorized to be appropriated in fiscal
years 2000, 2001, 2002, and 2003 a total of
$75,000,000.
(B) For capitalizing the Southern Fund there
is authorized to be appropriated in fiscal
years 2000, 2001, 2002, and 2003 a total of
$65,000,000.
(C) To provide economic adjustment assistance
to fishermen pursuant to the 1999 Pacific
Salmon Treaty Agreement, there is authorized to
be appropriated in fiscal years 2000, 2001, and
2002 a total of $30,000,000.
(2) Pacific Coastal salmon recovery.--
(A) For salmon habitat restoration, salmon
stock enhancement, sustainable salmon
fisheries, and salmon research, including the
construction of salmon research and related
facilities, there is authorized to be
appropriated for each of fiscal years 2000,
2001, 2002, [and] 2003, 2005, 2006, 2007, 2008,
and 2009, $90,000,000 to the States of Alaska,
Washington, Oregon, Idaho, Nevada, and
California. Amounts appropriated pursuant to
this subparagraph shall be made available as
direct payments. The State of Alaska may
allocate a portion of any funds it receives
under this subsection to eligible activities
outside Alaska.
(B) For salmon habitat restoration, salmon
stock enhancement, salmon research, and
supplementation activities, there is authorized
to be appropriated in each of fiscal years
2000, 2001, 2002, and 2003, $10,000,000 to be
divided between the Pacific Coastal tribes (as
defined by the Secretary of Commerce) and the
Columbia River tribes (as defined by the
Secretary of Commerce).
SOUTH PACIFIC TUNA ACT OF 1988
[16 U.S.C. 973 et seq.]
SEC. 5. PROHIBITED ACTS.
[16 U.S.C. 973c]
(a) Except as provided in section 6 of this Act, it is
unlawful for any person subject to the jurisdiction of the
United States--
(1) to violate any provision of this Act or any
regulation or order issued pursuant to this Act;
(2) to use a vessel for fishing in violation of an
applicable national law;
(3) who has entered into a fishing arrangement under
paragraph 3 of Article 3 of the Treaty, to violate the
terms and conditions of such fishing arrangement if the
Secretary of State has decided under section 18 of this
Act that Article 4 and paragraph 6 of Article 5 of the
Treaty shall apply to the arrangement;
(4) to use a vessel for fishing in any Limited Area
in violation of any requirement in Schedule 3 of Annex
I of the Treaty;
(5) to use a vessel for fishing in any Closed Area;
(6) to falsify any information required to be
reported, notified, communicated, or recorded pursuant
to a requirement of this Act, or to fail to submit any
required information, or to fail to report to the
Secretary immediately any change in circumstances which
has the effect of rendering any such information false,
incomplete, or misleading;
(7) to intentionally destroy evidence which could be
used to determine if a violation of this Act or the
Treaty has occurred;
(8) to refuse to permit any Authorized Officer or
Authorized Party Officer to board a fishing vessel for
purposes of conducting [a search or inspection] any
search, investigation, or inspection in connection with
the enforcement of this Act or the Treaty;
(9) to refuse to comply with the instructions of an
Authorized Officer or Authorized Party Officer relating
to fishing activities under the Treaty;
(10) to forcibly assault, resist, oppose, impede,
intimidate, or interfere with--
(A) any Authorized Officer or Authorized
Party Officer in the conduct of [a search or
inspection] any search, investigation, or
inspection in connection with the enforcement
of this Act or the Treaty; or
(B) an observer in the conduct of observer
duties under the Treaty;
(11) to resist a lawful arrest for any act prohibited
by this section;
(12) 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; or
(13) 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 the Treaty,
with the knowledge that the fish were so taken or
retained.
(b) Except as provided in section 6 of this Act, it is
unlawful for any person subject to the jurisdiction of the
United States when in the Licensing Area--
(1) to use a vessel to fish unless validly licensed
as required by the Administrator;
(2) to use a vessel for directed fishing for southern
bluefin tuna or for fishing for any kinds of fish other
than tunas, except that fish may be caught as an
incidental by-catch;
(3) to use a vessel for fishing by any method other
than the purse-seine method;
(4) to use any vessel to engage in fishing after the
revocation of its license, or during the period of
suspension of an applicable license;
(5) to operate a vessel in such a way as to disrupt
or in any other way adversely affect the activities of
traditional and locally based fishermen and fishing
vessels;
(6) to use a vessel to fish in a manner inconsistent
with an order issued by the Secretary under section 11
of this Act; or
(7) except for circumstances involving force majeure
and other emergencies involving the health or safety of
crew members or the safety of the vessel, to use an
aircraft in association with the fishing activities of
a vessel unless it is identified in the license
application for the vessel, or any amendment thereto.
[SEC. 7. CRIMINAL OFFENSES.
[16 U.S.C. 973e]
[(a) Prohibited Acts.--A person is guilty of a criminal
offense if he or she commits any act prohibited by section
5(a)(8), (10), (11), or (12) of this Act.
[(b) Sentence and Fine.--Any offense described in subsection
(a) of this section is punishable by a fine of not more than
$50,000, or imprisonment for not more than 6 months, or both;
except that if in the commission of any such offense the person
uses a dangerous weapon, engages in conduct that causes bodily
injury to any Authorized Officer, Authorized Party Officer, or
observer under the Treaty in the conduct of their duties, or
places any such Authorized Officer, Authorized Party Officer,
or observer in fear of imminent bodily injury, the offense is
punishable by a fine of not more than $100,000 or imprisonment
for not more than 10 years, or both.
[(c) Jurisdiction.--The district courts of the United States
shall have jurisdiction over any offense described in this
section.]
[SEC. 8. CIVIL PENALTIES.
[16 U.S.C. 973f]
[(a) Determination of Liability; Amount; Participation by
Secretary of State in Assessment Proceeding.--Any person who is
found by the Secretary, after notice and an opportunity for a
hearing in accordance with section 554 of title 5, United
States Code, to have committed an act prohibited by section 5
of this Act, shall be liable to the United States for a civil
penalty. Before issuing a notice of violation, the Secretary
shall consult with the Secretary of State. The amount of the
civil penalty shall be determined in accordance with
considerations set forth in the Treaty and shall take into
account the nature, circumstances, extent, and gravity of the
prohibited acts committed, and with respect to the violator,
the degree of culpability, any history of prior offenses,
ability to pay, and such other matters as justice may require.
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 amount of the civil penalty shall not
exceed $250,000 for each violation. Upon written notice, the
Secretary of State shall have the right to participate in any
proceeding initiated to assess a civil penalty for violation of
this Act.
[(b) Judicial Review of Assessment; Procedures Applicable.--
Any person against whom a civil penalty is assessed under
subsection (a) of this section may obtain review thereof in the
United States district court for the appropriate district by
filing a complaint in such court within 30 days from the date
of the order and by simultaneously serving a copy of the
complaint by certified mail on the Secretary, the Attorney
General of the United States, and the appropriate United States
Attorney. The Secretary shall promptly file in the court a
certified copy of the record upon which the violation was found
or the penalty imposed. The findings and order of the Secretary
shall be set aside or modified by the court if they are not
found to be supported by substantial evidence, as provided in
section 706(2) of title 5, United States Code.
[(c) Failure to Pay Assessment of Civil Penalty; Recovery by
Attorney General.--Except as provided in subsection (g) of this
section, if any person fails to pay an assessment of a civil
penalty after it has become a final and unappealable order, or
after the appropriate court has entered final judgment in favor
of the Secretary, the Secretary shall refer the matter to the
Attorney General of the United States, who shall recover the
amount assessed in any appropriate district court of the United
States.
[(d) In Rem Liability for Civil Penalty; Jurisdiction;
Maritime Lien on Vessel.--Except as provided in subsection (g)
of this section, a fishing vessel (including its fishing gear,
furniture, appurtenances, stores, and cargo) used in the
commission of an act prohibited by section 5 of this Act shall
be liable in rem for any civil penalty assessed for the
violation under section 8 of this Act and may be proceeded
against in any district court of the United States having
jurisdiction thereof. The penalty shall constitute a maritime
lien on the vessel which may be recovered in an action in rem
in the district court of the United States having jurisdiction
over the vessel.
[(e) Compromise, etc., of Civil Penalty.--The Secretary,
after consultation with the Secretary of State, 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.
[(f) Conduct of Hearings.--For the purposes of conducting any
hearing under this section, the Secretary 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 a person pursuant to this subsection, the
district court of the United States for any district in which
the person is found, resides, or transacts business, upon
application by the United States and after notice to the
person, shall have jurisdiction to issue an order requiring the
person to appear and give testimony before the Secretary or to
appear and produce documents before the Secretary, or both, and
any failure to obey the order of the court may be punished by
the court as a contempt thereof.
[(g) Waiver of Referral to Attorney General.--If a vessel
used in a violation of section 5(a)(1), (2), (3), (4), (5),
(6), (7), (8), (9), or (13) or section 5(b) of this Act for
which a civil penalty has been assessed--
[(1) had a valid license under the Treaty at the time
of the violation, and
[(2) within 60 days after the penalty assessment has
become final, leaves and remains outside of the
Licensing Area, all Limited Areas closed to fishing,
and all Closed Areas until the final penalty has been
paid,
there shall be no referral to the Attorney General under
subsection (c) of this section or in rem action under
subsection (d) of this section in connection with such civil
penalty.]
SEC. 7. ADMINISTRATION AND ENFORCEMENT.
This Act shall be enforced under section 101 of the
International Fisheries Stewardship and Enforcement Act.
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 or inspection] 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 or
inspection] 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]
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. Notwithstanding the
provisions of subsections (b) and (c) of section 553 of title
5, United States Code, the Secretary of Commerce may publish in
the Federal Register a final rule to implement conservation
measures that are in effect for 12 months or less, adopted by
the Commission, and not objected to by the United States within
the time period allotted under Article IX of the Convention.
[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.
[(b) Hearings.--Hearings for the assessment of civil
penalties under subsection (a) shall be conducted in accordance
with section 554 of title 5, United States Code. For the
purposes of conducting any such hearing, 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 contumacy or
refusal to obey a subpoena served upon any person pursuant to
this subsection, the district court of the United States for
any district in which such person is found, resides, or
transacts business, upon application by the Attorney General of
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.
[(c) Review of Civil Penalty.--Any person against whom a
civil penalty is assessed under subsection (a) of this section
may obtain review thereof in the appropriate district court of
the United States by filing a notice of appeal in such court
within 30 days from the date of such order and by
simultaneously sending a copy of such notice by certified mail
to the Secretary of Commerce, the Attorney General, and the
appropriate United States Attorney. The Secretary of Commerce
shall promptly refer the matter to the Attorney General of the
United States, who shall file in such court a certified copy of
the record upon which the violation was found or such penalty
imposed, as provided in section 2112 of title 28, United States
Code. The court shall set aside the findings and order of the
Secretary if the findings and order are found to be unsupported
by substantial evidence, as provided in section 706(2)(E) of
title 5, United States Code.
[(d) Recovery of Civil Penalties.--The Attorney General of
the United States may seek to recover in any appropriate
district court of the United States (1) any civil penalty
imposed under this section that has become a final and
unappealable order and has been referred to the Attorney
General by the Secretary of Commerce or (2) any final judgment
rendered under this section in favor of the United States by an
appropriate Court.
[(e) Penalties Under Other Laws.--The assessment of a civil
penalty under subsection (a) for any act shall not be deemed to
preclude the assessment of a civil penalty for such act under
any other law.]
[SEC. 309. CRIMINAL OFFENSES.
[16 U.S.C. 2438]
[(a) Offenses.--A person is guilty of an offense if that
person commits any act prohibited by paragraph (4), (5), (6),
or (7) of section 306.
[(b) Punishment.--Any offense described in subsection (a) is
punishable by a fine of $50,000, or imprisonment for not more
than ten years, or both.
[(c) Offenses Under Other Laws.--A conviction under
subsection (a) for any act shall not be deemed to preclude a
conviction for such act under any other law.]
SEC. 310. ENFORCEMENT.
[16 U.S.C. 2439]
(a) Responsibility.--The provisions of this title shall be
enforced by the Secretary of Commerce and the Secretary of the
department in which the Coast Guard is operating. Such
Secretaries may utilize by agreement, on a reimbursable basis
or otherwise, the personnel, services, and facilities of any
other department or agency of the United States in the
performance of such duties.
[(b) Powers of Authorized Officers and Employees.--Any
officer or employee of the United States who is authorized (by
the Secretary of Commerce, the Secretary of the department in
which the Coast Guard is operating, or the head of any
department or agency of the United States which has entered
into an agreement with either Secretary under subsection (a))
to enforce the provisions of this title and of any regulation
promulgated under this title may, in enforcing such
provisions--
[(1) secure, execute, and serve any order, warrant,
subpoena, or other process, which is issued under the
authority of the United States;
[(2) search without warrant any person, place,
vehicle or aircraft subject to the jurisdiction of the
United States where there are reasonable grounds to
believe that a person has committed or is attempting to
commit an act prohibited by section 306,
[(3) with or without a warrant board and search or
inspect any vessel of the United States or vessel
subject to the jurisdiction of the United States;
[(4) seize without warrant--
[(A) any evidentiary item where there are
reasonable grounds to believe that a person has
committed or is attempting to commit an act
prohibited by section 306,
[(B) any Antarctic marine living resources
(or part of product thereof) with respect to
which such an act is committed,
[(C) any vessel of the United States
(including its gear, furniture, appurtenances,
stores, and cargo), any vessel subject to the
jurisdiction of the United States (including
its gear, furniture, appurtenances, stores, and
cargo), and any vehicle, aircraft, or other
means of transportation subject to the
jurisdiction of the United States used in
connection with such an act, and
[(D) any guns, traps, nets, or equipment used
in connection with such an act;
[(5) offer and pay rewards for services or
information which may lead to the apprehension of
persons violating such provisions;
[(6) make inquiries, and administer to, or take from,
any person an oath, affirmation, or affidavit,
concerning any matter which is related to the
enforcement of such provisions;
[(7) in coordination with the Secretary of the
Treasury, detain for inspection and inspect any
package, crate, or other container, including its
contents, and all accompanying documents, upon
importation into, or exportation from, the United
States;
[(8) make an arrest with or without a warrant with
respect to any act prohibited by paragraph (4), (5),
(6), or (7) of section 306 if such officer or employee
has reasonable grounds to believe that the person to be
arrested is committing such act in his or her presence
or view or has committed such act;
[(9) exercise enforcement powers conferred on such
officer or employee under a system of observation and
inspection, or interim arrangements pending the
establishment of such a system, which the Secretary of
State has agreed to on behalf of the United States
pursuant to section 305(b); and
[(10) exercise any other authority which such officer
or employee is permitted by law to exercise.
[(c) Seizure.--Subject to the succeeding provisions of this
subsection, any property or item seized pursuant to subsection
(b) shall be held by any officer or employee of the United
States, who is authorized by the Secretary of Commerce or the
Secretary of the department in which the Coast Guard is
operating, pending the disposition of civil or criminal
proceedings concerning the violation relating to the property
or item, or the institution of an action in rem for the
forfeiture of such property or item. Such authorized officer or
employee may, upon the order of a court of competent
jurisdiction, either release such seized property or item to
the wild or destroy such property or item, when the cost of
maintenance of the property or item pending the disposition of
the case is greater than the legitimate market value of the
property or item. Such authorized officer or employee and all
officers or employees acting by or under his or her direction
shall be indemnified from any penalties or actions for damages
for so releasing or destroying such property or item. Such
authorized officer or employee may, in lieu of holding such
property or item, permit the owner or consignee thereof to post
a bond or other satisfactory surety.
[(d) Forfeiture.--
[(1) Any Antarctic marine living resource (or part of
product thereof) with respect to which an act
prohibited by section 306 is committed, any vessel of
the United States (including its gear, furniture,
appurtenances, stoves, and cargo), vessel subject to
the jurisdiction of the United States (including its
gear, furniture, appurtenances, stoves, and cargo), or
vessel, vehicle, or aircraft or other means of
transportation subject to the jurisdiction of the
United States, which is used in connection with an act
prohibited by section 306, and all guns, traps, nets,
and other equipment used in connection with such act,
shall be subject to forfeiture to the United States.
[(2) Upon the forfeiture to the United States of any
property or item described in paragraph (1), or upon
the abandonment or waiver of any claim to any such
property or item, it shall be disposed of by the
Secretary of Commerce, or the Secretary of the
department in which the Coast Guard is operating, as
the case may be, in such a manner, consistent with the
purposes of this title, as may be prescribed by
regulation.
(b) Administration and Enforcement.--This title shall be
enforced under section 101 of the International Fisheries
Stewardship and Enforcement Act.
[(e)] (c) Application of Customs Laws.--All provisions of law
relating to the seizure, forfeiture, and condemnation of
property (including vessels) for violation of the customs laws,
the disposition of such property or the proceeds from the sale
thereof, and the remission or mitigation of such forfeiture,
shall apply to the seizures and forfeitures incurred, or
alleged to have been incurred, and the compromise of claims,
under the provisions of this title, insofar as such provisions
of law are applicable and not inconsistent with the provisions
of this title; except that all powers, rights, and duties
conferred or imposed by the customs laws upon any officer or
employee of the Customs Service may, for the purposes of this
title, also be exercised or performed by the Secretary of
Commerce or the Secretary of the department in which the Coast
Guard is operating, or by such officers or employees of the
United States as each Secretary may designate.
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) The Secretary may issue final regulations
to implement Commission recommendations
referred to in paragraph (1) of this subsection
concerning trade restrictive measures against
nations or fishing entities without regard to
the requirements of subparagraph (A) of this
paragraph and subsections (b) and (c) of
section 553 of title 5, United States Code.
(3) The regulations required to be promulgated under
paragraph (1) of this subsection may--
(A) select for regulation one or more of the
species covered by the Convention;
(B) divide the Convention waters into areas;
(C) establish one or more open or closed
seasons as to each such area;
(D) limit the size of the fish and quantity
of the catch which may be taken from each area
within any season during which fishing is
allowed;
(E) limit or prohibit the incidental catch of
a regulated species which may be retained,
taken, possessed, or landed by vessels or
persons fishing for other species of fish;
(F) require records of operations to be kept
by any master or other person in charge of any
fishing vessel;
(G) require such clearance certificates for
vessels as may be necessary to carry out the
purposes of the Convention and this Act;
(H) require proof satisfactory to the
Secretary that any fish subject to regulation
pursuant to a recommendation of the Commission
offered for entry into the United States has
not been taken or retained contrary to the
recommendations of the Commission made pursuant
to article VIII of the Convention which have
been adopted as regulations pursuant to this
section;
(I) require any commercial or recreational
fisherman to obtain a permit from the Secretary
and report the quantity of the catch of a
regulated species;
(J) require that observers be carried aboard
fishing vessels for the purpose of providing
statistically reliable scientific data; and
(K) impose such other requirements and
provide for such other measures as the
Secretary may determine necessary to implement
any recommendation of the Convention or to
obtain scientific data necessary to accomplish
the purpose of the Convention; except that no
regulation promulgated under this section may
have the effect of increasing or decreasing any
allocation or quota of fish or fishing
mortality level to the United States agreed to
pursuant to a recommendation of the Commission.
(4) Upon the promulgation of regulations provided for
in paragraph (3) of this subsection, the Secretary
shall promulgate, with the concurrence of the Secretary
of State and pursuant to the procedures prescribed in
paragraph (2) of this subsection, additional
regulations which shall become effective simultaneously
with the application of the regulations provided for in
paragraph (3) of this subsection, which prohibit--
(A) the entry into the United States of fish
in any form of those species which are subject
to regulation pursuant to a recommendation of
the Commission and which were taken from the
Convention area in such manner or in such
circumstances as would tend to diminish the
effectiveness of the conservation
recommendations of the Commission; and
(B) the entry into the United States, from
any country when the vessels of such country
are being used in the conduct of fishing
operations in the Convention area in such
manner or in such circumstances as would tend
to diminish the effectiveness of the
conservation recommendations of the Commission,
of fish in any form of those species which are
subject to regulation pursuant to a
recommendation of the Commission and which were
taken from the Convention area.
(5) In the case of repeated and flagrant fishing
operations in the Convention area by the vessels of any
country which seriously threaten the achievement of the
objectives of the Commission's recommendations, the
Secretary with the concurrence of the Secretary of
State, may by regulations promulgated pursuant to
paragraph (2) of this subsection prohibit the entry in
any form from such country of other species covered by
the Convention as may be under investigation by the
Commission and which were taken in the Convention area.
Any such prohibition shall continue until the Secretary
is satisfied that the condition warranting the
prohibition no longer exists, except that all fish in
any form of the species under regulation which were
previously prohibited from entry shall continue to be
prohibited from entry.
(6) Identification and notification.--
(A) Not later than July 1, 1996, and annually
thereafter, the Secretary, in consultation with
the Secretary of State, the Commissioners, and
the advisory committee, shall--
(i) identify those nations whose
fishing vessels are fishing, or have
fished during the preceding calendar
year, within the convention area in a
manner or under circumstances that
diminish the effectiveness of a
conservation recommendation;
(ii) notify the President and the
nation so identified, including an
explanation of the reasons therefor;
and
(iii) publish a list of those Nations
identified under clause (i).
(B) In identifying those Nations, the
Secretary shall consider, based on the best
available information, whether those Nations
have measures in place for reporting,
monitoring, and enforcement, and whether those
measures diminish the effectiveness of any
conservation recommendation.
(7) Consultation.--Not later than 30 days after a
Nation is notified under paragraph (6), the President
may enter into consultations with the Government of
that Nation for the purpose of obtaining an agreement
that will--
(A) effect the immediate termination and
prevent the resumption of any fishing operation
by vessels of that Nation within the Convention
area which is conducted in a manner or under
circumstances that diminish the effectiveness
of the conservation recommendation;
(B) when practicable, require actions by that
Nation, or vessels of that Nation, to mitigate
the negative impacts of fishing operations on
the effectiveness of the conservation
recommendation involved, including but not
limited to, the imposition of subsequent-year
deductions for quota overages; and
(C) result in the establishment, if
necessary, by such Nation of reporting,
monitoring, and enforcement measures that are
adequate to ensure the effectiveness of
conservation recommendations.
* * * * * * *
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.]
[(b) International Enforcement.--] This Act shall be enforced
under section 101 of the International Fisheries Stewardship
and Enforcement Act. To the extent authorized under the
convention or by agreements between the United States and any
contracting party concluded pursuant to section 5(b) of this
Act for international enforcement, the duly authorized
officials of such party [shall have the authority to carry out
the enforcement activities specified in section 8(a) of this
Act] shall enforce this Act with respect to persons or vessels
subject to the jurisdiction of the United States, and the
officials of the United States authorized pursuant to this
section [shall have the authority to carry out the enforcement
activities specified in section 8(a) of this Act] shall enforce
this Act with respect to persons or vessels subject to the
jurisdiction of such party, except that where any agreement
provides for arrest or seizure of persons or vessels under
United States jurisdiction it shall also provide that the
person or vessel arrested or seized shall be promptly handed
over to a United States enforcement officer or another
authorized United States official.
[(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.]
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 or inspection] 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 or
inspection] 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) Administration and Enforcement--This title shall be
enforced under section 101 of the International Fisheries
Stewardship and Enforcement Act.
WESTERN AND CENTRAL PACIFIC FISHERIES CONVENTION IMPLEMENTATION ACT
[16 U.S.C. 6901 et seq.]
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) Administration and Enforcement.--This title shall be
enforced under section 101 of the International Fisheries
Stewardship and Enforcement Act.
* * * * * * *
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.
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,
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 or
inspection] search, investigation, or inspection in
connection with the enforcement of the Convention, 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 or inspection
described in paragraph (2)] search, investigation, or
inspection described in subparagraph (B);
[(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, 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.
[(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, this Act and regulations adopted under this Act.
SEC. 8. CIVIL PENALTIES.
[16 U.S.C. 773f]
[(a) Liability; Continuing Violations; Notice; Determination
of Amount.--]Any person who is found by the Secretary, after
notice and opportunity for a hearing in accordance with section
554 of title 5, United States Code, to have committed an act
prohibited by section 7 shall be liable to the United States
for a civil penalty. The amount of the civil penalty shall not
exceed $200,000 for each violation. Each day of a continuing
violation shall constitute a separate offense. The amount of
such civil penalty shall be assessed by the Secretary, or his
designee, by written notice. In determining the amount of such
penalty, the Secretary shall taken into account the nature,
circumstances, extent, and gravity of the prohibited acts
committed and, with respect to the violator, the degree of
culpability, any history of prior offenses, and such other
matters as justice may require. In assessing such penalty, the
Secretary may also consider any information provided by the
violator relating to the ability of the violator to pay if the
information is provided to the Secretary at least 30 days prior
to an administrative hearing.
[(b) Judicial Review.--Any person against whom a civil
penalty is assessed under subsection (a) may obtain a review
thereof in the appropriate court of the United States by filing
a notice of appeal in such court within 30 days from the date
of such order and by simultaneously sending a copy of such
notice by certified mail to the Secretary and the Attorney
General. The Secretary shall promptly file in such court a
certified copy of the record upon which such violation was
found or such penalty imposed, in accordance with rules
prescribed pursuant to section 2112 of title 28, United States
Code. The findings and order of the Secretary shall be set
aside by such court if they are not found to be supported by
substantial evidence, as provided in section 706(2) of title 5,
United States Code.
[(c) Recovery of Assessed Penalties by Attorney General.--If
any person fails to pay an assessment of a civil penalty after
it has become a final and unappealable order, or after the
appropriate court has entered final judgment in favor of the
Secretary, the Secretary shall refer the matter to the Attorney
General of the United States, who shall recover the amount
assessed in any validity and appropriateness of the final order
imposing the civil penalty shall not be subject to review.
[(d) Compromise, Modification, and Remission of Penalties.--
The Secretary may compromise, modify, or remit, with or without
conditions, any civil penalty which is subject to imposition or
which has been imposed under this section.
[(e) Revocation or Suspension of Permit.--
[(1) In general.--The Secretary may take any action
described in paragraph (2) in any case in which--
[(A) a vessel has been used in the commission
of any act prohibited under section 7;
[(B) the owner or operator of a vessel or any
other person who has been issued or has applied
for a permit under this Act has acted in
violation of section 7; or
[(C) any amount in settlement of a civil
forfeiture imposed on a vessel or other
property, or any civil penalty or criminal fine
imposed on a vessel or owner or operator of a
vessel or any other person who has been issued
or has applied for a permit under any marine
resource law enforced by the Secretary has not
been paid and is overdue.
[(2) Permit-related actions.--Under the circumstances
described in paragraph (1) the Secretary may--
[(A) revoke any permit issued with respect to
such vessel or person, with or without
prejudice to the issuance of subsequent
permits;
[(B) suspend such permit for a period of time
considered by the Secretary to be appropriate;
[(C) deny such permit; or
[(D) impose additional conditions and
restrictions on any permit issued to or applied
for by such vessel or person under this Act
and, with respect to any foreign fishing
vessel, on the approved application of the
foreign nation involved and on any permit
issued under that application.
[(3) Factors to be considered. In imposing a sanction
under this subsection, the Secretary shall take into
account--
[(A) the nature, circumstances, extent, and
gravity of the prohibited acts for which the
sanction is imposed; and
[(B) with respect to the violator, the degree
of culpability, any history of prior offenses,
and such other matters as justice may require.
[(4) Transfers of ownership.--Transfer of ownership
of a vessel, a permit, or any interest in a permit, by
sale or otherwise, shall not extinguish any permit
sanction that is in effect or is pending at the time of
transfer of ownership. Before executing the transfer of
ownership of a vessel, permit, or interest in a permit,
by sale or otherwise, the owner shall disclose in
writing to the prospective transferee the existence of
any permit sanction that will be in effect or pending
with respect to the vessel, permit, or interest at the
time of the transfer.
[(5) Reinstatement.--In the case of any permit that
is suspended under this subsection for nonpayment of a
civil penalty, criminal fine, or any amount in
settlement of a civil forfeiture, the Secretary shall
reinstate the permit upon payment of the penalty, fine,
or settlement amount and interest thereon at the
prevailing rate.
[(6) Hearing.--No sanction shall be imposed under
this subsection unless there has been prior opportunity
for a hearing on the facts underlying the violation for
which the sanction is imposed either in conjunction
with a civil penalty proceeding under this section or
otherwise.
[(7) Permit defined.--In this subsection, the term
``permit'' means any license, certificate, approval,
registration, charter, membership, exemption, or other
form of permission issued by the Commission or the
Secretary, and includes any quota share or other
transferable quota issued by the Secretary.]
SEC. 9. CRIMES AND CRIMINAL PENALTIES.
[16 U.S.C. 773g]
(a) Offenses.--A person is guilty of any offense if he
commits an act prohibited by [section 7(a)(2), (3), (4), or
(6); or section 7(b)] section 7(1)(B), (C), (D), or (F) or
section 7(2).
(b) Fines; Imprisonment.--Any offense described in subsection
(a) is punishable by a fine of not more than $200,000 or
imprisonment for not more than 6 months or both; except that if
in the commission of any offense the person uses a dangerous
weapon, engages in conduct that causes bodily injury to any
officer authorized to enforce the provisions of this Act, or
places any such officer in fear of imminent bodily injury the
offense is punishable by a fine of not more than $400,000, or
imprisonment for not more than 10 years or both.
(c) Federal Jurisdiction.--There is Federal jurisdiction over
any offense described in this section.
[SEC. 10. FORFEITURES.
[16 U.S.C. 773h]
[(a) Civil Forfeiture Proceeding.--Any fishing vessel
(including its fishing gear, furniture, appurtenances, stores,
and cargo) used, and any fish taken or retained, in any manner,
in connection with or as a result of the commission of any act
prohibited by section 7 shall be subject to forfeiture to the
United States. All or part of such vessel may, and all such
fish shall, be forfeited to the United States pursuant to a
civil proceeding under this section.
[(b) United States District Court Jurisdiction.--Any district
court of the United States shall have jurisdiction, upon
application by the Attorney General on behalf of the United
States, to order any forfeiture authorized under subsection (a)
and any action provided for under subsection (d).
[(c) Seizure of Forfeited Property.--If a judgment is entered
for the United States in a civil forfeiture proceeding under
this section, the Attorney General may seize any property or
other interest declared forfeited to the United States, which
has not previously been seized pursuant to this Act or for
which security has not previously been obtained under
subsection (d). The provisions of the customs laws relating
to--
[(1) the disposition of forfeited property;
[(2) the proceeds from the sale of forfeited
property;
[(3) the remission or mitigation of forfeitures; and
[(4) the compromise of claims;
[shall apply to any forfeiture ordered, and to any case in
which forfeiture is alleged to be authorized, under this
section, unless such provisions are inconsistent with the
purposes, policy, and provisions of this Act. The duties and
powers imposed upon the Commissioner of Customs or other
persons under such provisions shall, with respect to this Act,
be performed by officers or other persons designated for such
purpose by the Secretary.
[(d) Bond or Other Security; Disposal of Seized Fish.--
[(1) Any officer authorized to serve any process in
rem which is issued by a court having jurisdiction
under section 11(d) shall--
[(A) stay the execution of such process; or
[(B) discharge any fish seized pursuant to
such process; upon the receipt of a
satisfactory bond or other security from any
person claiming such property. Such bond or
other security shall be conditioned upon such
person delivering such property to the
appropriate court upon order thereof, without
any impairment of its value, or paying the
monetary value of such property pursuant to an
order of such court. Judgment shall be
recoverable on such bond or other security
against both the principal and any sureties in
the event that any condition thereof is
breached, as determined by such court.
[(2) Any fish seized pursuant to this Act may be
disposed of pursuant to the order of a court of
competent jurisdiction or, if perishable, in a manner
prescribed by regulations of the Secretary or the
Secretary of the department in which the Coast Guard is
operating.
[(e) Presumption of Violation.--For purposes of this section,
it shall be a rebuttable presumption that all fish found on
board a fishing vessel which is seized in connection with an
act prohibited by section 7 were taken or retained in violation
of the Convention and this Act.
SEC. 11. ADMINISTRATION AND ENFORCEMENT.
[16 U.S.C. 773i]
(a) Secretary of Commerce and Secretary of Department in
which Coast Guard is Operating.--The Convention, this Act, and
any regulation adopted under this Act, shall be enforced by the
Secretary and the Secretary of the department in which the
Coast Guard is operating. Such Secretaries may, by agreement,
on a reimbursable basis or otherwise, utilize the personnel,
services, equipment (including aircraft and vessels), and
facilities of any other Federal agency, and of any State
agency, in the performance of such duties.
[(b) Arrest, Search and Inspection, Seizure; Execution of
Warrants and Other Process.--Any officer who is authorized by
the Secretary, the Secretary of the department in which the
Coast Guard is operating, or the head of any Federal or State
agency which has entered into an agreement with such
Secretaries under subsection (a) to enforce the Convention,
this Act or any regulation adopted under this Act may--
[(1) with or without a warrant or other process--
[(A) arrest any person, if he has reasonable
cause to believe that such person has committed
an act prohibited by section 7;
[(B) board, and search or inspect, any
fishing vessel which is subject to this Act;
[(C) at reasonable times enter, search or
inspect, shoreside facilities in which fish
taken subject to this Act are processed, packed
or held;
[(D) seize any fishing vessel (together with
its fishing gear, furniture, appurtenances,
stores, and cargo) used or employed in, or with
respect to which it reasonably appears that
such vessel was used or employed in, an act
prohibited by section 7;
[(E) seize any fish (wherever found) taken or
retained in the course of an act prohibited by
section 7, or the proceeds of the sale of such
fish; and
[(F) seize any other evidence related to an
act prohibited by section 7;
[(2) execute any warrant or other process issued by
any court of competent jurisdiction; and
[(3) exercise any other lawful authority.
[(c) Citation of Owner or Operator of Offending Vessel.--If
any officer authorized to enforce this Act (as provided for in
this section) finds that a fishing vessel is operating or has
been operated in the commission of an act prohibited by section
7, such officer may, in accordance with regulations issued
jointly by the Secretary and the Secretary of the department in
which the Coast Guard is operating, issue a citation to the
owner or operator of such vessel in lieu of proceeding under
subsection (b). If a permit has been issued pursuant to this
Act for such vessel, such officer shall note the issuance of
any citation under this subsection, including the date thereof
and the reason therefor, on the permit. The Secretary shall
maintain a record of all citations issued pursuant to this
subsection.
[(d) United States District Court Jurisdiction.--The district
courts of the United States shall have exclusive jurisdiction
over any case or controversy arising under this Act. Any such
court may, at any time--
[(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) Administration and Enforcement.--This Act shall be
enforced under section 101 of the International Fisheries
Stewardship and Enforcement Act.
[(e)] (c) Witnesses; Records and Files.--When requested by
the appropriate authorities of Canada, officers or employees of
the Coast Guard, the National Oceanic and Atmospheric
Administration or any other agency of the United States may be
directed to attend as a witness, and to produce such available
records and files or duly certified copies thereof as may be
necessary for the prosecution in Canada of any violation of the
Convention or any Canadian law relating to the enforcement
thereof.
[(f)] (d) Investigations by Secretary of Commerce; Powers;
Process.--
(1) In cooperation with such other agencies as may be
appropriate, the Secretary may conduct or cause to be
conducted such law enforcement investigations as are
deemed necessary to carry out the purposes of this Act.
(2) For the purpose of all investigations which, in
the opinion of the Secretary, are necessary and proper
for the enforcement of this Act, the Secretary or any
officer designated by him is empowered to administer
oaths and affirmations, subpena witnesses, take
evidence, and require the production of any books,
papers, or other documents which the Secretary deems
relevant or material to the inquiry. Such attendance of
witnesses and the production of such documentary
evidence may be required from any place in the United
States at any designated place or hearing.
(3) Process of the Secretary may be served by anyone
duly authorized by him either--
(A) by delivering a copy thereof to the
individual to be served, or to a member of the
partnership to be served, or the president,
secretary, or other executive officer or a
director of the corporation to be served; or
the agent designated for service of process;
(B) by leaving a copy thereof at the
residence or the principal office or place of
business of such individual, partnership, or
corporation; or
(C) by mailing a copy thereof by registered
or certified mail addressed to such individual,
partnership, or corporation at his or its
residence or principal office or place of
business. The verified return by the individual
so serving such complaint, order, or other
process setting forth the manner of service
shall be proof of same, and the returned post
office receipt for such complaint, order, or
other process mailed by registered or certified
mail shall be proof of the service of the same.
NATIONAL SEA GRANT COLLEGE PROGRAM REAUTHORIZATION ACT OF 1998
[112 Stat. 21]
SEC. 10. ADMINISTRATIVE LAW JUDGES.
[16 U.S.C. 1541]
Notwithstanding section 559 of title 5, United States Code,
with respect to any marine resource conservation law or
regulation administered by the Secretary of Commerce acting
through the National Oceanic and Atmospheric Administration,
all adjudicatory functions which are required by chapter 5 of
title 5 of such Code to be performed by an Administrative Law
Judge may be performed by [the United States Coast Guard]
another Federal agency on a reimbursable basis. Should [the
United States Coast Guard] another Federal agency require the
detail of an Administrative Law Judge to perform any of these
functions, it may request such temporary or occasional
assistance from the Office of Personnel Management pursuant to
section 3344 of title 5, United States Code.
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); and
[(B) deny entry of that vessel to any place
in the United States and to the navigable
waters of the United States.]
(2) Denial of port privileges.--The Secretary of the
Treasury shall, to the extent consistent with
international law--
(A) withhold or revoke the clearance required
by section 60105 of title 46, United States
Code, for--
(i) any large-scale driftnet fishing
vessel that is documented under the law
of the United States or of a nation
included on a list published under
paragraph (1); or
(ii) any fishing vessel of a nation
that receives 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) or
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 purpose of
inspecting the 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); 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.]
(A) Prohibition.--The President 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 a nation--
(i) upon receipt of notification of
the identification of the nation under
paragraph (1)(A);
(ii) if the consultations with the
government of the nation under
paragraph (2) are not satisfactorily
concluded within ninety days; or
(iii) upon receipt of notification of
a negative certification under section
609(d)(1) or 610(c)(1) of the High Seas
Driftnet Fishing Moratorium Protection
Act (16 U.S.C. 1826j(d)(1) and
1826k(c)(1)).
(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), or after issuing a
negative certification under section 609(d)(1)
or 610(c)(1) of the High Seas Driftnet Fishing
Moratorium Protection Act (16 U.S.C.
1826j(d)(1) and 1826k(c)(1)), 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; or]
(i) any prohibition established under
paragraph (3) is insufficient to cause
that nation--
(I) to terminate large-scale
driftnet fishing conducted by
its nationals and vessels
beyond the exclusive economic
zone of any nation;
(II) to address illegal,
unreported, or unregulated
fishing activities for which a
nation has been identified
under section 609 of the High
Seas Driftnet Fishing
Moratorium Protection Act (16
U.S.C. 1826j); or
(III) to address bycatch of a
protected living marine
resource or shark catch on the
high seas for which a nation
has been identified under
section 610 of such Act (16
U.S.C. 1826k); 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.] such nation--
(1) has terminated large-scale driftnet fishing by
its nationals and vessels beyond the exclusive economic
zone of any nation;
(2) has addressed illegal, unreported, or unregulated
fishing activities for which a nation has been
identified under section 609 of the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C. 1826j); or
(3) has addressed bycatch of a protected living
marine resource or shark catch on the high seas for
which a nation has been identified under section 610 of
the High Seas Driftnet Fishing Moratorium Protection
Act (16 U.S.C. 1826k).
MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT
[16 U.S.C. 1801 et seq.]
SEC. 402. INFORMATION COLLECTION.
[16 U.S.C. 1881a]
* * * * * * *
(b) Confidentiality of Information.--
(1) Any information submitted to the Secretary, a
State fishery management agency, or a marine fisheries
commission by any person in compliance with the
requirements of this Act shall be confidential and
shall not be disclosed except--
(A) to Federal employees and Council
employees who are responsible for fishery
management plan development, monitoring, or
enforcement;
(B) to State or Marine Fisheries Commission
employees as necessary to further the
Department's mission, subject to a
confidentiality agreement that prohibits public
disclosure of the identity of business of any
person;
(C) to State employees who are responsible
for fishery management plan enforcement, if the
States employing those employees have entered
into a fishery enforcement agreement with the
Secretary and the agreement is in effect;
(D) when required by court order;
(E) when such information is used by State,
Council, or Marine Fisheries Commission
employees to verify catch under a limited
access program, but only to the extent that
such use is consistent with subparagraph (B);
(F) when the Secretary has obtained written
authorization from the person submitting such
information to release such information to
persons for reasons not otherwise provided for
in this subsection, and such release does not
violate other requirements of this Act;
(G) when such information is required to be
submitted to the Secretary for any
determination under a limited access program;
[or]
(H) to the Food and Agriculture Organization
formed at Quebec, Canada, on October 16, 1945,
international fishery management organizations,
or arrangements made pursuant to an
international fishery agreement as provided
under section 608(b) of the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C.
1826i(b));
(I) to any other Federal or State government
agency, foreign government, the Food and
Agriculture Organization formed at Quebec,
Canada, on October 16, 1945, or the secretariat
or equivalent of an international fisheries
management organization or arrangement made
pursuant to an international fishery agreement,
as provided under section 101(c)(9) of the
International Fisheries Stewardship and
Enforcement Act; or
[(H)] (J) in support of homeland and national
security activities, including the Coast
Guard's homeland security missions as defined
in section 888(a)(2) of the Homeland Security
Act of 2002 (6 U.S.C. 468(a)(2)).
(2) Any observer information shall be confidential
and shall not be disclosed, except in accordance with
the requirements of subparagraphs (A) through (H) of
paragraph (1), or--
(A) as authorized by a fishery management
plan or regulations under the authority of the
North Pacific Council to allow disclosure to
the public of weekly summary bycatch
information identified by vessel or for haul-
specific bycatch information without vessel
identification;
(B) when such information is necessary in
proceedings to adjudicate observer
certifications; or
(C) as authorized by any regulations issued
under paragraph (3) allowing the collection of
observer information, pursuant to a
confidentiality agreement between the
observers, observer employers, and the
Secretary prohibiting disclosure of the
information by the observers or observer
employers, in order--
(i) to allow the sharing of observer
information among observers and between
observers and observer employers as
necessary to train and prepare
observers for deployments on specific
vessels; or
(ii) to validate the accuracy of the
observer information collected.
(3) The Secretary shall, by regulation, prescribe
such procedures as may be necessary to preserve the
confidentiality of information submitted in compliance
with any requirement or regulation under this Act,
except that the Secretary may release or make public
any such information in any aggregate or summary form
which does not directly or indirectly disclose the
identity or business of any person who submits such
information. Nothing in this subsection shall be
interpreted or construed to prevent the use for
conservation and management purposes by the Secretary,
or with the approval of the Secretary, the Council, of
any information submitted in compliance with any
requirement or regulation under this Act or the use,
release, or publication of bycatch information pursuant
to paragraph (2)(A).
* * * * * * *
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 is void
if--
(1) 1 or more permits or authorizations required for
a vessel to fish, in addition to a permit issued under
this section, expire, are revoked, or are suspended; or
(2) the vessel is no longer eligible for United
States documentation, such documentation is revoked or
denied, or the vessel is deleted from such
documentation.
TUNA CONVENTION ACT OF 2013
[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
952 of this title;
[(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 subparagraphs (A) and (B), as the
context requires.
(4) Import.--The term ``import'' means to land on,
bring into, or introduce into, or attempt to land on,
bring into, or introduce into, any place subject to the
jurisdiction of the United States, whether or not such
landing, bringing, or introduction constitutes an
importation within the meaning of the customs laws of
the United States.
(5) Person.--The term ``person'' means an individual,
partnership, corporation, or association subject to the
jurisdiction of the United States.
(6) United states.--The term ``United States''
includes all areas under the sovereignty of the United
States.
(7) United states commissioners.--The term ``United
States Commissioners'' means the individuals appointed
under section 3(a).
(8) United states section.--The term ``United States
Section'' means the United States Commissioners to the
Commission and a designee of the Secretary of State.
[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.--The United States shall be represented on
the Commission by 5 United States Commissioners. The President
shall appoint individuals to serve on the Commission at the
pleasure of the President. In making the appointments, the
President shall select Commissioners from among individuals who
are knowledgeable or experienced concerning highly migratory
fish stocks in the eastern tropical Pacific Ocean, 1 of which
shall be an officer or employee of the Department of Commerce,
1 of which shall be the chairman or a member of the Western
Pacific Fishery Management Council, and 1 of which shall be the
chairman or a member of the Pacific Fishery Management Council.
Not more than 2 Commissioners may be appointed who reside in a
State other than a State whose vessels maintain a substantial
fishery in the area of the Convention.
(b) Alternate United States Commissioners.--The Secretary of
State, in consultation with the Secretary, may designate from
time to time and for periods of time deemed appropriate
Alternate United States Commissioners to the Commission. Any
Alternate United States Commissioner may exercise, at any
meeting of the Commission or of the General Advisory Committee
or Scientific Advisory Subcommittee established pursuant to
section 4(b), all powers and duties of a United States
Commissioner in the absence of any Commissioner appointed
pursuant to subsection (a) of this section for whatever reason.
The number of such Alternate United States Commissioners that
may be designated for any such meeting shall be limited to the
number of United States Commissioners appointed pursuant to
subsection (a) of this section who will not be present at such
meeting.
(c) Administrative Matters.--
(1) Employment status.--Individuals serving as such
Commissioners, other than officers or employees of the
United States Government, shall 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 United States Commissioners, although
officers of the United States while so serving, shall
receive no compensation for their services as such
United States Commissioners or Alternate United States
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 Commission and
other meetings the Secretary deems necessary to
fulfill their duties, in accordance with the
Federal Travel Regulations and sections 5701,
5702, 5704 through 5708, and 5731 of title 5,
United States Code.
(B) The Secretary may reimburse the Secretary
of State for amounts expended by the Secretary
of State under this subsection.
SEC. 4. GENERAL ADVISORY COMMITTEE AND SCIENTIFIC ADVISORY
SUBCOMMITTEE.
[16 U.S.C. 953]
[(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.--
(A) Appointments.--The Secretary, in
consultation with the Secretary of State, shall
appoint a General Advisory Committee which
shall consist of not more than 25 individuals
who shall be representative of the various
groups concerned with the fisheries covered by
the Convention, including nongovernmental
conservation organizations, providing to the
maximum extent practicable an equitable balance
among such groups. Members of the General
Advisory Committee will be eligible to
participate as members of the U.S. delegation
to the Commission and its working groups to the
extent the Commission rules and space for
delegations allow.
(B) Additional 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 shall be members
of the General Advisory Committee by virtue of
their positions in those Councils.
(C) Terms.--Each member of the General
Advisory Committee appointed under subparagraph
(A) shall serve for a term of 3 years and shall
be eligible for reappointment.
(D) Non-executive meetings of the united
states section.--The General Advisory Committee
shall be invited to attend all non-executive
meetings of the United States Section and at
such meetings shall be given opportunity to
examine and to be heard on all proposed
programs of investigation, reports,
recommendations, and regulations of the
Commission.
(E) Public participation.--The General
Advisory Committee shall determine its
organization, and prescribe its practices and
procedures for carrying out its functions under
this chapter, the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801
et seq.), and the Convention. The General
Advisory Committee shall publish and make
available to the public a statement of its
organization, practices and procedures.
Meetings of the General Advisory Committee,
except when in executive session, shall be open
to the public, and prior notice of meetings
shall be made public in timely fashion.
(2) Information sharing.--The Secretary and the
Secretary of State shall furnish the General Advisory
Committee with relevant information concerning
fisheries and international fishery agreements.
(3) Administrative matters.--
(A) In general.--The Secretary shall provide
to the General Advisory Committee in a timely
manner such administrative and technical
support services as are necessary for its
effective functioning.
(B) Compensation.--An individual appointed to
serve as a member of the General Advisory
Committee--
(i) shall serve without pay, but
while away from home or regular place
of business to attend meetings of the
General Advisory Committee shall be
allowed travel expenses, including per
diem in lieu of subsistence, in the
same manner as a person employed
intermittently in the Government
service is allowed expenses under
section 5703 of title 5, United States
Code; and
(ii) shall not be considered a
Federal employee 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.
[(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) In general.--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.
(A) Public participation.--The Scientific
Advisory Subcommittee shall determine its
organization, and prescribe its practices and
procedures for carrying out its functions under
this chapter, the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801
et seq.), and the Convention. The Scientific
Advisory Subcommittee shall publish and make
available to the public a statement of its
organization, practices, and procedures.
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.
(B) Information sharing.--The Secretary and
the Secretary of State shall furnish the
Scientific Advisory Subcommittee with relevant
information concerning fisheries and
international fishery agreements.
(C) Administrative matters.--
(i) In general.--The Secretary shall
provide to the Scientific Advisory
Subcommittee in a timely manner such
administrative and technical support
services as are necessary for its
effective functioning.
(ii) Compensation.--An individual
appointed to serve as a member of the
Scientific Advisory Subcommittee--
(I) shall serve without pay,
but while away from home or
regular place of business to
attend meetings of the
Scientific Advisory
Subcommittee shall be allowed
travel expenses, including per
diem in lieu of subsistence, in
the same manner as a person
employed intermittently in the
Government service is allowed
expenses under section 5703 of
title 5, United States Code;
and
(II) shall not be considered
a Federal employee, 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 18, United States Code.
[(2) Scientific Advisory Subcommittee.--] (2)
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).
(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.
[SEC. 6. SECRETARY OF STATE TO ACT FOR UNITED STATES.] SEC. 6.
RULEMAKING.
[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
Commerce, 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 Commerce, 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.]
(a) Regulations.--The Secretary, in consultation with the
Secretary of State and, with respect to enforcement measures,
the Secretary of the Department in which the Coast Guard is
operating, may promulgate such regulations as may be necessary
to carry out the United States international obligations under
the Convention and this Act, including recommendations and
decisions adopted by the Commission. In cases where the
Secretary has discretion in the implementation of one or more
measures adopted by the Commission that would govern fisheries
under the authority of a Regional Fishery Management Council,
the Secretary may, to the extent practicable within the
implementation schedule of the Convention and any
recommendations and decisions adopted by the Commission,
promulgate such regulations in accordance with the procedures
established by the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.).
(b) Jurisdiction.--The Secretary may promulgate regulations
applicable to all vessels and persons subject to the
jurisdiction of the United States, including United States flag
vessels wherever they may be operating, on such date as the
Secretary shall prescribe.
(c) [Rulemaking Procedures; Prohibitions.--] (c) Additional
Authority._[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 Commerce upon approval of such
recommendations by the Secretary of State and the Secretary of
Commerce. The Secretary of Commerce 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 Commerce 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 Commerce shall
suspend at any time the [application of any such regulations]
application of regulations promulgated to carry out the
recommendations of the Commission when, after consultation with
the Secretary of State and the United States Commissioners,
[he] the Secretary of Commerce 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 Commerce may deem necessary to implement the
recommendations of the commission: Provided, That upon the
promulgation of any such regulations the Secretary of Commerce
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 Commerce, 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
Commerce 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. 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, 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, from any country, any fish in any form of those
species subject to regulation pursuant to a recommendation of
the commission, or any tuna in any form not under regulation,
but under investigation by the commission, during the period
such fish have been denied entry in accordance with the
provisions of section 6(c) of this Act. In the case of any fish
as described in this subsection offered for entry into the
United States, the Secretary of the Interior shall require
proof satisfactory to him that such fish is not ineligible for
such entry under the terms of section 6(c) of this Act.
[(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.]
SEC. 8. PROHIBITED ACTS.
It is unlawful for any person--
(1) to violate any provision of this chapter or any
regulation or permit issued pursuant to this Act;
(2) to use any fishing vessel to engage in fishing
after the revocation, or during the period of
suspension, of an applicable permit issued pursuant to
this Act;
(3) to refuse to permit any officer authorized to
enforce the provisions of this Act (as provided for in
section 10) to board a fishing vessel subject to such
person's control for the purposes of conducting any
search, investigation or inspection in connection with
the enforcement of this Act or any regulation, permit,
or the Convention;
(4) to forcibly assault, resist, oppose, impede,
intimidate, sexually harass, bribe, or interfere with
any such authorized officer in the conduct of any
search, investigations or inspection in connection with
the enforcement of this Act or any regulation, permit,
or the Convention;
(5) to resist a lawful arrest for any act prohibited
by this Act;
(6) to ship, transport, offer for sale, sell,
purchase, import, export, or have custody, control, or
possession of, any fish taken or retained in violation
of this Act or any regulation, permit, or agreement
referred to in paragraph (1) or (2);
(7) to interfere with, delay, or prevent, by any
means, the apprehension or arrest of another person,
knowing that such other person has committed any act
prohibited by this section;
(8) to knowingly and willfully submit to the
Secretary false information regarding any matter that
the Secretary is considering in the course of carrying
out this Act;
(9) to forcibly assault, resist, oppose, impede,
intimidate, sexually harass, bribe, attempt to bribe,
or interfere with any observer on a vessel under the
Convention, or any data collector employed by the
National Marine Fisheries Service or under contract to
any person to carry out responsibilities under this
Act;
(10) to engage in fishing in violation of any
regulation adopted pursuant to section 6 of this Act;
(11) to ship, transport, purchase, sell, offer for
sale, import, export, or have in custody, possession,
or control any fish taken or retained in violation of
such regulations;
(12) to fail to make, keep, or furnish any catch
returns, statistical records, or other reports as are
required by regulations adopted pursuant to this Act to
be made, kept, or furnished;
(13) to fail to stop a vessel upon being hailed and
instructed to stop by a duly authorized official of the
United States; or
(14) to import any fish in any form in violation of
any regulation adopted pursuant to section 6 of this
Act.
[SEC. 10. ENFORCEMENT OF CHAPTER.
[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.
This Act shall be enforced under section 101 of the
International Fisheries Stewardship and Enforcement Act.
SEC. 15. REDUCTION OF BYCATCH IN THE EASTERN TROPICAL PACIFIC OCEAN.
[16 U.S.C. 962]
The Secretary of State, in consultation with the Secretary of
Commerce and acting through the United States Commissioners,
shall seek, in cooperation with other nations whose [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.]
THE MARINE MAMMAL PROTECTION ACT OF 1972
[16 U.S.C. 1361 et seq.]
SEC. 101. MORATORIUM ON TAKING AND IMPORTING MARINE MAMMALS AND MARINE
MAMMAL PRODUCTS
[16 U.S.C. 1371]
(a) Imposition; Exceptions.--There shall be a moratorium on
the taking and importation of marine mammals and marine mammal
products, commencing on the effective date of this Act, during
which time no permit may be issued for the taking of any marine
mammal and no marine mammal or marine mammal product may be
imported into the United States except in the following cases:
(1) Consistent with the provisions of section 104,
permits may be issued by the Secretary for taking, and
importation for purposes of scientific research, public
display, photography for educational or commercial
purposes, or enhancing the survival or recovery of a
species or stock, or for importation of polar bear
parts (other than internal organs) taken in sport hunts
in Canada. Such permits, except permits issued under
section 104(c)(5), may be issued if the taking or
importation proposed to be made is first reviewed by
the Marine Mammal Commission and the Committee of
Scientific Advisors on Marine Mammals established under
title II. The Commission and Committee shall recommend
any proposed taking or importation, other than
importation under section 104(c)(5), which is
consistent with the purposes and policies of section 2
of this Act. If the Secretary issues such a permit for
importation, the Secretary shall issue to the importer
concerned a certificate to that effect in such form as
the Secretary of the Treasury prescribes, and such
importation may be made upon presentation of the
certificate to the customs officer concerned.
(2) Marine mammals may be taken incidentally in the
course of commercial fishing operations and permits may
be issued therefor under section 104 subject to
regulations prescribed by the Secretary in accordance
with section 103, or in lieu of such permits,
authorizations may be granted therefor under section
118, subject to regulations prescribed under that
section by the Secretary without regard to section 103.
Such authorizations may be granted under title III with
respect to purse seine fishing for yellowfin tuna in
the eastern tropical Pacific Ocean, subject to
regulations prescribed under that title by the
Secretary without regard to section 103. In any event
it shall be the immediate goal that the incidental kill
or incidental serious injury of marine mammals
permitted in the course of commercial fishing
operations be reduced to insignificant levels
approaching a zero mortality and serious injury rate.
The Secretary of the Treasury shall ban the importation
of commercial fish or products from fish which have
been caught with commercial fishing technology which
results in the incidental kill or incidental serious
injury of ocean mammals in excess of United States
standards. For purposes of applying the preceding
sentence, the Secretary--
(A) shall insist on reasonable proof from the
government of any nation from which fish or
fish products will be exported to the United
States of the effects on ocean mammals of the
commercial fishing technology in use for such
fish or fish products exported from such nation
to the United States;
(B) in the case of yellowfin tuna harvested
with purse seine nets in the eastern tropical
Pacific Ocean, and products therefrom, to be
exported to the United States, shall require
that the government of the exporting nation
provide documentary evidence that--
(i) (I) the tuna or products
therefrom were not banned from
importation under this paragraph before
the effective date of section 4 of the
International Dolphin Conservation
Program Act; or
(II) the tuna or products therefrom
were harvested after the effective date
of section 4 of the International
Dolphin Conservation Program Act by
vessels of a nation which participates
in the International Dolphin
Conservation Program, and such
harvesting nation is either a member of
the Inter-American Tropical Tuna
Commission or has initiated (and within
6 months thereafter completed) all
steps required of applicant nations, in
accordance with [article V, paragraph 3
of the Convention establishing the
Inter-American Tropical Tuna
Commission] Article XXX of the
Convention for the Strengthening of the
Inter-American Tropical Tuna Commission
(also known as the Antigua Convention),
to become a member of that
organization;
(ii) such nation is meeting the
obligations of the International
Dolphin Conservation Program and the
obligations of membership in the Inter-
American Tropical Tuna Commission,
including all financial obligations;
and
(iii) the total dolphin mortality
limits, and per-stock per-year dolphin
mortality limits permitted for that
nation's vessels under the
International Dolphin Conservation
Program do not exceed the limits
determined for 1997, or for any year
thereafter, consistent with the
objective of progressively reducing
dolphin mortality to a level
approaching zero through the setting of
annual limits and the goal of
eliminating dolphin mortality, and
requirements of the International
Dolphin Conservation Program;
(C) shall not accept such documentary
evidence if--
(i) the government of the harvesting
nation does not provide directly or
authorize the Inter-American Tropical
Tuna Commission to release complete and
accurate information to the Secretary
in a timely manner--
(I) to allow determination of
compliance with the
International Dolphin
Conservation Program; and
(II) for the purposes of
tracking and verifying
compliance with the minimum
requirements established by the
Secretary in regulations
promulgated under subsection
(f) of the Dolphin Protection
Consumer Information Act (16
U.S.C. 1385(f)); or
(ii) after taking into consideration
such information, findings of the
Inter-American Tropical Tuna
Commission, and any other relevant
information, including information that
a nation is consistently failing to
take enforcement actions on violations
which diminish the effectiveness of the
International Dolphin Conservation
Program, the Secretary, in consultation
with the Secretary of State, finds that
the harvesting nation is not in
compliance with the International
Dolphin Conservation Program.
(D) shall require the government of any
intermediary nation to certify and provide
reasonable proof to the Secretary that it has
not imported, within the preceding six months,
any yellowfin tuna or yellowfin tuna products
that are subject to a direct ban on importation
to the United States under subparagraph (B);
(E) shall, six months after importation of
yellowfin tuna or tuna products has been banned
under this section, certify such fact to the
President, which certification shall be deemed
to be a certification for the purposes of
section 8(a) of the Fishermen's Protective Act
of 1967 (22 U.S.C. 1978(a)) for as long as such
ban is in effect; and
(F) (i) except as provided in clause (ii), in
the case of fish or products containing fish
harvested by a nation whose fishing vessels
engage in high seas driftnet fishing, shall
require that the government of the exporting
nation provide documentary evidence that the
fish or fish product was not harvested with a
large-scale driftnet in the South Pacific Ocean
after July 1, 1991, or in any other water of
the high seas after January 1, 1993, and
(ii) in the case of tuna or a product
containing tuna harvested by a nation
whose fishing vessels engage in high
seas driftnet fishing, shall require
that the government of the exporting
nation provide documentary evidence
that the tuna or tuna product was not
harvested with a large-scale driftnet
anywhere on the high seas after July 1,
1991.
For purposes of subparagraph (F), the term
``driftnet'' has the meaning given such term in
section 4003 of the Driftnet Impact Monitoring,
Assessment, and Control Act of 1987 (16 U.S.C.
1822 note), except that, until January 1, 1994,
the term ``driftnet'' does not include the use
in the northeast Atlantic Ocean of gillnets
with a total length not to exceed five
kilometers if the use is in accordance with
regulations adopted by the European Community
pursuant to the October 28, 1991, decision by
the Council of Fisheries Ministers of the
Community.
(3)
(A) The Secretary, on the basis of the best
scientific evidence available and in
consultation with the Marine Mammal Commission,
is authorized and directed, from time to time,
having due regard to the distribution,
abundance, breeding habits, and times and lines
of migratory movements of such marine mammals,
to determine when, to what extent, if at all,
and by what means, it is compatible with this
Act to waive the requirements of this section
so as to allow taking, or importing of any
marine mammal, or any marine mammal product,
and to adopt suitable regulations, issue
permits, and make determinations in accordance
with sections 102, 103, 104, and 111 of this
title permitting and governing such taking and
importing, in accordance with such
determinations: Provided, however, That the
Secretary, in making such determinations, must
be assured that the taking of such marine
mammal is in accord with sound principles of
resource protection and conservation as
provided in the purposes and policies of this
Act: Provided further, however, That no marine
mammal or no marine mammal product may be
imported into the United States unless the
Secretary certifies that the program for taking
marine mammals in the country of origin is
consistent with the provisions and policies of
this Act. Products of nations not so certified
may not be imported into the United States for
any purpose, including processing for
exportation.
(B) Except for scientific research purposes,
photography for educational or commercial
purposes, or enhancing the survival or recovery
of a species or stock as provided for in
paragraph (1) of this subsection, or as
provided for under paragraph (5) of this
subsection, during the moratorium no permit may
be issued for the taking of any marine mammal
which has been designated by the Secretary as
depleted, and no importation may be made of any
such mammal.
(4) (A) Except as provided in subparagraphs (B) and
(C), the provisions of this Act shall not apply to the
use of measures--
(i) by the owner of fishing gear or
catch, or an employee or agent of such
owner, to deter a marine mammal from
damaging the gear or catch;
(ii) by the owner of other private
property, or an agent, bailee, or
employee of such owner, to deter a
marine mammal from damaging private
property;
(iii) by any person, to deter a
marine mammal from endangering personal
safety; or
(iv) by a government employee, to
deter a marine mammal from damaging
public property,
so long as such measures do not result in the
death or serious injury of a marine mammal.
(B) The Secretary shall, through consultation
with appropriate experts, and after notice and
opportunity for public comment, publish in the
Federal Register a list of guidelines for use
in safely deterring marine mammals. In the case
of marine mammals listed as endangered species
or threatened species under the Endangered
Species Act of 1973, the Secretary shall
recommend specific measures which may be used
to nonlethally deter marine mammals. Actions to
deter marine mammals consistent with such
guidelines or specific measures shall not be a
violation of this Act.
(C) If the Secretary determines, using the
best scientific information available, that
certain forms of deterrence have a significant
adverse effect on marine mammals, the Secretary
may prohibit such deterrent methods, after
notice and opportunity for public comment,
through regulation under this Act.
(D) The authority to deter marine mammals
pursuant to subparagraph (A) applies to all
marine mammals, including all stocks designated
as depleted under this Act.
(5) (A) (i) Upon request therefor by citizens of the
United States who engage in a specified activity (other
than commercial fishing) within a specified
geographical region, the Secretary shall allow, during
periods of not more than five consecutive years each,
the incidental, but not intentional, taking by citizens
while engaging in that activity within that region of
small numbers of marine mammals of a species or
population stock if the Secretary, after notice (in the
Federal Register and in newspapers of general
circulation, and through appropriate electronic media,
in the coastal areas that may be affected by such
activity) and opportunity for public comment--
(I) finds that the total of
such taking during each five-
year (or less) period concerned
will have a negligible impact
on such species or stock and
will not have an unmitigable
adverse impact on the
availability of such species or
stock for taking for
subsistence uses pursuant to
subsection (b) or section
109(f) or, in the case of a
cooperative agreement under
both this Act and the Whaling
Convention Act of 1949 (16
U.S.C. 916 et seq.), pursuant
to section 112(c); and
(II) prescribes regulations
setting forth--
(aa) permissible
methods of taking
pursuant to such
activity, and other
means of effecting the
least practicable
adverse impact on such
species or stock and
its habitat, paying
particular attention to
rookeries, mating
grounds, and areas of
similar significance,
and on the availability
of such species or
stock for subsistence
uses; and
(bb) requirements
pertaining to the
monitoring and
reporting of such
taking.
(ii) For a military readiness
activity (as defined in section 315(f)
of Public Law 107-314; 16 U.S.C. 703
note), a determination of ``least
practicable adverse impact on such
species or stock'' under clause
(i)(II)(aa) shall include consideration
of personnel safety, practicality of
implementation, and impact on the
effectiveness of the military readiness
activity. Before making the required
determination, the Secretary shall
consult with the Department of Defense
regarding personnel safety,
practicality of implementation, and
impact on the effectiveness of the
military readiness activity.
(iii) Notwithstanding clause (i), for
any authorization affecting a military
readiness activity (as defined in
section 315(f) of Public Law 107-314;
16 U.S.C. 703 note), the Secretary
shall publish the notice required by
such clause only in the Federal
Register.
(B) The Secretary shall withdraw, or suspend
for a time certain (either on an individual or
class basis, as appropriate) the permission to
take marine mammals under subparagraph (A)
pursuant to a specified activity within a
specified geographical region if the Secretary
finds, after notice and opportunity for public
comment (as required under subparagraph (A)
unless subparagraph (C)(i) applies), that--
(i) the regulations prescribed under
subparagraph (A) regarding methods of
taking, monitoring, or reporting are
not being substantially complied with
by a person engaging in such activity;
or
(ii) the taking allowed under
subparagraph (A) pursuant to one or
more activities within one or more
regions is having, or may have, more
than a negligible impact on the species
or stock concerned.
(C) (i) The requirement for notice and
opportunity for public comment in subparagraph
(B) shall not apply in the case of a suspension
of permission to take if the Secretary
determines that an emergency exists which poses
a significant risk to the well-being of the
species or stock concerned.
(ii) Sections 103 and 104 shall not
apply to the taking of marine mammals
under the authority of this paragraph.
(D)
(i) Upon request therefor by citizens
of the United States who engage in a
specified activity (other than
commercial fishing) within a specific
geographic region, the Secretary shall
authorize, for periods of not more than
1 year, subject to such conditions as
the Secretary may specify, the
incidental, but not intentional, taking
by harassment of small numbers of
marine mammals of a species or
population stock by such citizens while
engaging in that activity within that
region if the Secretary finds that such
harassment during each period
concerned--
(I) will have a negligible
impact on such species or
stock, and
(II) will not have an
unmitigable adverse impact on
the availability of such
species or stock for taking for
subsistence uses pursuant to
subsection (b), or section
109(f) or pursuant to a
cooperative agreement under
section 119.
(ii) The authorization for such
activity shall prescribe, where
applicable--
(I) permissible methods of
taking by harassment pursuant
to such activity, and other
means of effecting the least
practicable impact on such
species or stock and its
habitat, paying particular
attention to rookeries, mating
grounds, and areas of similar
significance, and on the
availability of such species or
stock for taking for
subsistence uses pursuant to
subsection (b) or section
109(f) or pursuant to a
cooperative agreement under
section 119,
(II) the measures that the
Secretary determines are
necessary to ensure no
unmitigable adverse impact on
the availability of the species
or stock for taking for
subsistence uses pursuant to
subsection (b) or section
109(f) or pursuant to a
cooperative agreement under
section 119, and
(III) requirements pertaining
to the monitoring and reporting
of such taking by harassment,
including requirements for the
independent peer review of
proposed monitoring plans or
other research proposals where
the proposed activity may
affect the availability of a
species or stock for taking for
subsistence uses pursuant to
subsection (b) or section
109(f) or pursuant to a
cooperative agreement under
section 119.
(iii) The Secretary shall publish a
proposed authorization not later than
45 days after receiving an application
under this subparagraph and request
public comment through notice in the
Federal Register, newspapers of general
circulation, and appropriate electronic
media and to all locally affected
communities for a period of 30 days
after publication. Not later than 45
days after the close of the public
comment period, if the Secretary makes
the findings set forth in clause (i),
the Secretary shall issue an
authorization with appropriate
conditions to meet the requirements of
clause (ii).
(iv) The Secretary shall modify,
suspend, or revoke an authorization if
the Secretary finds that the provisions
of clauses (i) or (ii) are not being
met.
(v) A person conducting an activity
for which an authorization has been
granted under this subparagraph shall
not be subject to the penalties of this
Act for taking by harassment that
occurs in compliance with such
authorization.
(vi) For a military readiness
activity (as defined in section 315(f)
of Public Law 107-314; 16 U.S.C. 703
note), a determination of ``least
practicable adverse impact on such
species or stock'' under clause (i)(I)
shall include consideration of
personnel safety, practicality of
implementation, and impact on the
effectiveness of the military readiness
activity. Before making the required
determination, the Secretary shall
consult with the Department of Defense
regarding personnel safety,
practicality of implementation, and
impact on the effectiveness of the
military readiness activity.
(vii) Notwithstanding clause (iii),
for any authorization affecting a
military readiness activity (as defined
in section 315(f) of Public Law 107-
314; 16 U.S.C. 703 note), the Secretary
shall publish the notice required by
such clause only in the Federal
Register.
(E)
(i) During any period of up to 3
consecutive years, the Secretary shall
allow the incidental, but not the
intentional, taking by persons using
vessels of the United States or vessels
which have valid fishing permits issued
by the Secretary in accordance with
section 204(b) of the Magnuson-Stevens
Fishery Conservation and Management Act
(16 U.S.C. 1824(b)), while engaging in
commercial fishing operations, of
marine mammals from a species or stock
designated as depleted because of its
listing as an endangered species or
threatened species under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et
seq.) if the Secretary, after notice
and opportunity for public comment,
determines that--
(I) the incidental mortality
and serious injury from
commercial fisheries will have
a negligible impact on such
species or stock;
(II) a recovery plan has been
developed or is being developed
for such species or stock
pursuant to the Endangered
Species Act of 1973; and
(III) where required under
section 118, a monitoring
program is established under
subsection (d) of such section,
vessels engaged in such
fisheries are registered in
accordance with such section,
and a take reduction plan has
been developed or is being
developed for such species or
stock.
(ii) Upon a determination by the
Secretary that the requirements of
clause (i) have been met, the Secretary
shall publish in the Federal Register a
list of those fisheries for which such
determination was made, and, for
vessels required to register under
section 118, shall issue an appropriate
permit for each authorization granted
under such section to vessels to which
this paragraph applies. Vessels engaged
in a fishery included in the notice
published by the Secretary under this
clause which are not required to
register under section 118 shall not be
subject to the penalties of this Act
for the incidental taking of marine
mammals to which this paragraph
applies, so long as the owner or master
of such vessel reports any incidental
mortality or injury of such marine
mammals to the Secretary in accordance
with section 118.
(iii) If, during the course of the
commercial fishing season, the
Secretary determines that the level of
incidental mortality or serious injury
from commercial fisheries for which a
determination was made under clause (i)
has resulted or is likely to result in
an impact that is more than negligible
on the endangered or threatened species
or stock, the Secretary shall use the
emergency authority granted under
section 118 to protect such species or
stock, and may modify any permit
granted under this paragraph as
necessary.
(iv) The Secretary may suspend for a
time certain or revoke a permit granted
under this subparagraph only if the
Secretary determines that the
conditions or limitations set forth in
such permit are not being complied
with. The Secretary may amend or
modify, after notice and opportunity
for public comment, the list of
fisheries published under clause (ii)
whenever the Secretary determines there
has been a significant change in the
information or conditions used to
determine such list.
(v) Sections 103 and 104 shall not
apply to the taking of marine mammals
under the authority of this
subparagraph.
(vi) This subparagraph shall not
govern the incidental taking of
California sea otters and shall not be
deemed to amend or repeal the Act of
November 7, 1986 (Public Law 99-625;
100 Stat. 3500).
(F) Notwithstanding the provisions of this
subsection, any authorization affecting a
military readiness activity (as defined in
section 315(f) of Public Law 107-314; 16 U.S.C.
703 note) shall not be subject to the following
requirements:
(i) In subparagraph (A), ``within a
specified geographical region'' and
``within that region of small
numbers''.
(ii) In subparagraph (B), ``within a
specified geographical region'' and
``within one or more regions''.
(iii) In subparagraph (D), ``within a
specific geographic region'', ``of
small numbers'', and ``within that
region''.
(6)
(A) A marine mammal product may be imported
into the United States if the product--
(i) was legally possessed and
exported by any citizen of the United
States in conjunction with travel
outside the United States, provided
that the product is imported into the
United States by the same person upon
the termination of travel;
(ii) was acquired outside of the
United States as part of a cultural
exchange by an Indian, Aleut, or Eskimo
residing in Alaska; or
(iii) is owned by a Native inhabitant
of Russia, Canada, or Greenland and is
imported for noncommercial purposes in
conjunction with travel within the
United States or as part of a cultural
exchange with an Indian, Aleut, or
Eskimo residing in Alaska.
(B) For the purposes of this paragraph, the
term--
(i) ``Native inhabitant of Russia,
Canada, or Greenland'' means a person
residing in Russia, Canada, or
Greenland who is related by blood, is a
member of the same clan or ethnological
grouping, or shares a common heritage
with an Indian, Aleut, or Eskimo
residing in Alaska; and
(ii) ``cultural exchange'' means the
sharing or exchange of ideas,
information, gifts, clothing, or
handicrafts between an Indian, Aleut,
or Eskimo residing in Alaska and a
Native inhabitant of Russia, Canada, or
Greenland, including rendering of raw
marine mammal parts as part of such
exchange into clothing or handicrafts
through carving, painting, sewing, or
decorating.
* * * * * * *
SEC. 108. INTERNATIONAL PROGRAM.
[16 U.S.C. 1378]
(a) Duties of Secretary.--The Secretary, through the
Secretary of State, shall--
(1) initiate negotiations as soon as possible for the
development of bilateral or multilateral agreements
with other nations for the protection and conservation
of all marine mammals covered by this Act;
(2) initiate--
(A) negotiations as soon as possible with all
foreign governments which are engaged in, or
which have persons or companies engaged in,
commercial fishing operations which are found
by the Secretary to be unduly harmful to any
species or population stock of marine mammal,
for the purpose of entering into bilateral and
multilateral treaties with such countries to
protect marine mammals, with the Secretary of
State to prepare a draft agenda relating to
this matter for discussion at appropriate
international meetings and forums;
(B) discussions with foreign governments
whose vessels harvest yellowfin tuna with purse
seines in the eastern tropical Pacific Ocean,
for the purpose of concluding, through the
Inter-American Tropical Tuna Commission or such
other bilateral or multilateral institutions as
may be appropriate, international arrangements
for the conservation of marine mammals taken
incidentally in the course of harvesting such
tuna, which should include provisions for (i)
cooperative research into alternative methods
of locating and catching yellowfin tuna which
do not involve the taking of marine mammals,
(ii) cooperative research on the status of
affected marine mammal population stocks, (iii)
reliable monitoring of the number, rate, and
species of marine mammals taken by vessels of
harvesting nations, (iv) limitations on
incidental take levels based upon the best
scientific information available, and (v) the
use of the best marine mammal safety techniques
and equipment that are economically and
technologically practicable to reduce the
incidental kill and serious injury of marine
mammals to insignificant levels approaching a
zero mortality and serious injury rate; and
[(C) negotiations to revise the Convention
for the Establishment of an Inter-American
Tropical Tuna Commission (1 U.S.T. 230; TIAS
2044) which will incorporate--
[(i) the conservation and management
provisions agreed to by the nations
which have signed the Declaration of
Panama and in the Straddling Fish
Stocks and Highly Migratory Fish Stocks
Agreement, as opened for signature on
December 4, 1995; and
[(ii) a revised schedule of annual
contributions to the expenses of the
Inter-American Tropical Tuna Commission
that is equitable to participating
nations; and]
[(D)] (C) discussions with those countries
participating, or likely to participate, in the
International Dolphin Conservation Program, for
the purpose of identifying sources of funds
needed for research and other measures
promoting effective protection of dolphins,
other marine species, and the marine ecosystem;
(3) encourage such other agreements to promote the
purposes of this Act with other nations for the
protection of specific ocean and land regions which are
of special significance to the health and stability of
marine mammals;
(4) initiate the amendment of any existing
international treaty for the protection and
conservation of any species of marine mammal to which
the United States is a party in order to make such
treaty consistent with the purposes and policies of
this Act;
(5) seek the convening of an international
ministerial meeting on marine mammals before July 1,
1973, for the purposes of (A) the negotiation of a
binding international convention for the protection and
conservation of all marine mammals, and (B) the
implementation of paragraph (3) of this section; and
(6) provide to the Congress by not later than one
year after the date of the enactment of this Act a full
report on the results of his efforts under this
section.
* * * * * * *
SEC. 307. PROHIBITIONS.
[16 U.S.C. 1417]
(a) In General.--It is unlawful--
(1) for any person to sell, purchase, offer for sale,
transport, or ship, in the United States, any tuna or
tuna product unless the tuna or tuna product is either
dolphin safe or has been harvested in compliance with
the International Dolphin Conservation Program by a
country that is a member of the Inter-American Tropical
Tuna Commission or has initiated and within 6 months
thereafter completed all steps required of applicant
nations in accordance with [Article V, paragraph 3 of
the Convention establishing the Inter-American Tropical
Tuna Commission] Article XXX of the Convention for the
Strengthening of the Inter-American Tropical Tuna
Commission (also known as the Antigua Convention), to
become a member of that organization;
(2) except as provided for in subsection 101(d), for
any person or vessel subject to the jurisdiction of the
United States intentionally to set a purse seine net on
or to encircle any marine mammal in the course of tuna
fishing operations in the eastern tropical Pacific
Ocean except in accordance with this title and
regulations issued pursuant to this title; and
(3) for any person to import any yellowfin tuna or
yellowfin tuna product or any other fish or fish
product in violation of a ban on importation imposed
under section 101(a)(2);
(4) for any person to violate any regulation
promulgated under this title;
(5) for any person to refuse to permit any duly
authorized officer to board a vessel subject to that
person's control for purposes of conducting any search
or inspection in connection with the enforcement of
this title; and
(6) for any person to assault, resist, oppose,
impede, intimidate, or interfere with any such
authorized officer in the conduct of any search or
inspection described in paragraph (5).
* * * * * * *