< Back to S. 2870 (111th Congress, 2009–2010)

Text of the International Fisheries Stewardship and Enforcement Act

This bill was introduced on March 24, 2010, in a previous session of Congress, but was not enacted. The text of the bill below is as of Dec 17, 2010 (Reported by Senate Committee).

Source: GPO

S 2870 RS

Calendar No. 710

111th CONGRESS

2d Session

S. 2870

To establish uniform administrative and enforcement procedures and penalties for the enforcement of the High Seas Driftnet Fishing Moratorium Protection Act and similar statutes, and for other purposes.

IN THE SENATE OF THE UNITED STATES

December 10, 2009

Mr. INOUYE (for himself, Ms. SNOWE, Mr. BEGICH, Ms. MURKOWSKI, Mr. KERRY, Mr. ROCKEFELLER, and Ms. CANTWELL) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

December 17, 2010

Reported by Mr. Rockefeller, without amendment


A BILL

To establish uniform administrative and enforcement procedures and penalties for the enforcement of the High Seas Driftnet Fishing Moratorium Protection Act and similar statutes, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) SHORT TITLE- This Act may be cited as the ‘International Fisheries Stewardship and Enforcement Act’.

    (b) TABLE OF CONTENTS- The table of contents for this Act is as follows:

      Sec. 1. Short title; table of contents.

Title I--Administration and Enforcement of certain fishery and related statutes.

      Sec. 101. Authority of the Secretary to enforce statutes.

      Sec. 102. Conforming, minor, and technical amendments.

      Sec. 103. Illegal, unreported, or unregulated fishing.

      Sec. 104. Liability.

Title II--Law Enforcement and International Operations

      Sec. 201. International fisheries enforcement program.

      Sec. 202. International cooperation and assistance program.

Title III--Miscellaneous Amendments

      Sec. 301. Atlantic Tunas Convention Act of 1975.

      Sec. 302. Data Sharing.

      Sec. 303. Permits under the High Seas Fishing Compliance Act of 1995.

      Sec. 304. Technical corrections to the Western and Central Pacific Fisheries Convention Implementation Act.

      Sec. 305. Pacific Whiting Act of 2006.

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

      Sec. 307. Reauthorizations.

Title IV--Implementation of Antigua Convention

      Sec. 401. Short title.

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

      Sec. 403. Definitions.

      Sec. 404. Commissioners; number, appointment, and qualifications.

      Sec. 405. General advisory committee and scientific advisory subcommittee.

      Sec. 406. Rulemaking.

      Sec. 407. Prohibited acts.

      Sec. 408. Enforcement.

      Sec. 409. Reduction of bycatch.

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

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

SEC. 101. AUTHORITY OF THE SECRETARY TO ENFORCE STATUTES.

    (a) In General-

      (1) ENFORCEMENT OF STATUTES- The Secretary of Commerce and the Secretary of the department in which the Coast Guard is operating shall enforce the statutes to which this section applies in accordance with the provisions of this section.

      (2) UTILIZATION OF NONDEPARTMENTAL RESOURCES- The Secretary may, by agreement, on a reimbursable basis or otherwise, utilize the personnel services, equipment (including aircraft and vessels), and facilities of any other Federal agency, including all elements of the Department of Defense, and of any State agency, in carrying out this section.

      (3) STATUTES TO WHICH APPLICABLE- This section applies to--

        (A) the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826d et seq.);

        (B) the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3631 et seq.);

        (C) the Dolphin Protection Consumer Information Act (16 U.S.C. 1385);

        (D) the Tuna Conventions Act of 1950 (16 U.S.C. 951 et seq.);

        (E) the North Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 5001 et seq.);

        (F) the South Pacific Tuna Act of 1988 (16 U.S.C. 973 et seq.);

        (G) the Antarctic Marine Living Resources Convention Act of 1984 (16 U.S.C. 2431 et seq.);

        (H) the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971 et seq.);

        (I) the Northwest Atlantic Fisheries Convention Act of 1995 (16 U.S.C. 5601 et seq.);

        (J) the Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6901 et seq.);

        (K) the Northern Pacific Halibut Act of 1982 (16 U.S.C. 773 et seq.);

        (L) any other Act in pari materia, so designated by the Secretary after notice and an opportunity for a hearing; and

        (M) the Antigua Convention Implementing Act of 2009.

    (b) ADMINISTRATION AND ENFORCEMENT- The Secretary shall prevent any person from violating any Act to which this section applies in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though sections 307 through 311 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857 through 1861) were incorporated into and made a part of each such Act. Except as provided in subsection (c), any person that violates any Act to which this section applies is subject to the penalties, and entitled to the privileges and immunities, provided in the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) in the same manner and by the same means as though sections 307 through 311 of that Act were incorporated into and made a part of each such Act.

    (c) Special Rules-

      (1) IN GENERAL- Notwithstanding the incorporation by reference of certain sections of the Magnuson-Stevens Fishery Conservation and Management Act under subsection (b), if there is a conflict between a provision of this subsection and the corresponding provision of any section of the Magnuson-Stevens Fishery Conservation and Management Act so incorporated, the provision of this subsection shall apply.

      (2) CIVIL ADMINISTRATIVE ENFORCEMENT- The amount of the civil penalty for a violation of any Act to which this section applies shall not exceed $250,000 for each violation. Each day of a continuing violation shall constitute a separate violation.

      (3) CIVIL JUDICIAL ENFORCEMENT- The Attorney General, upon the request of the Secretary, may commence a civil action in an appropriate district court of the United States to enforce this Act and any Act to which this section applies, and such court shall have jurisdiction to award civil penalties or such other relief as justice may require, including a permanent or temporary injunction. The amount of the civil penalty for a violation of any Act to which this section applies shall not exceed $250,000 for each violation. Each day of a continuing violation shall constitute a separate violation. In determining the amount of a civil penalty, the court 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 violations and such other matters as justice may require. In imposing such penalty, the district court may also consider information related to the ability of the violator to pay.

      (4) Criminal fines and penalties-

        (A) INDIVIDUALS- In the case of an individual, any offense described in subsection (e)(2), (3), (4), (5), or (6) is punishable by a fine of not more than $500,000, imprisonment for not more than 5 years, or both. If, in the commission of such offense, an individual 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 maximum term of imprisonment is 10 years.

        (B) OTHER PERSONS- In the case of any other person, any offense described in subsection (e)(2), (3), (4), (5), or (6) is punishable by a fine of not more than $1,000,000.

      (5) OTHER CRIMINAL VIOLATIONS- Any person (other than a foreign government or any entity of such government) who knowingly violates any provision of subsection (e) of this section, or any provision of any regulation promulgated pursuant to this Act, is guilty of a criminal offense punishable--

        (A) in the case of an individual, by a fine of not more than $500,000, imprisonment for not more than 5 years, or both; and

        (B) in the case of any other person, by a fine of not more than $1,000,000.

      (6) Criminal forfeitures-

        (A) IN GENERAL- A person found guilty of an offense described in subsection (e), or who is convicted of a criminal violation of any Act to which this section applies, shall forfeit to the United States--

          (i) any property, real or personal, constituting or traceable to the gross proceeds obtained, or retained, as a result of the offense including any marine species (or the fair market value thereof) taken or retained in connection with or as a result of the offense; and

          (ii) any property, real or personal, used or intended to be used to commit or to facilitate the commission of the offense, including any shoreside facility, including its conveyances, structure, equipment, furniture, appurtenances, stores, and cargo.

        (B) PROCEDURE- Pursuant to section 2461(c) of title 28, United States Code, the provisions of section 413 of the Controlled Substances Act (21 U.S.C. 853), other than subsection (d) thereof, shall apply to criminal forfeitures under this section.

      (7) ADDITIONAL ENFORCEMENT AUTHORITY- In addition to the powers of officers authorized pursuant to subsection (b), any officer who is authorized by the Secretary, or the head of any Federal or State agency that has entered into an agreement with the Secretary under subsection (a) to enforce the provisions of any Act to which this section applies may, with the same jurisdiction, powers, and duties as though section 311 of the Magnuson-Stevens fishery Conservation and Management Act (16 U.S.C. 1861) were incorporated into and made a part of each such Act--

        (A) search or inspect any facility or conveyance used or employed in, or which reasonably appears to be used or employed in, the storage, processing, transport, or trade of fish or fish products;

        (B) inspect records pertaining to the storage, processing, transport, or trade of fish or fish products;

        (C) 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 such fish or fish product is deemed to be perishable, sell and retain the proceeds therefrom for a period of up to 14 days; and

        (D) make an arrest, in accordance with any guidelines which may be issued by the Attorney General, for any offense under the laws of the United States committed in the person’s presence, or for the commission of any felony under the laws of the United States, if the person has reasonable grounds to believe that the person to be arrested has committed or is committing a felony; may search and seize, in accordance with any guidelines which may be issued by the Attorney General and may execute and serve any subpoena, arrest warrant, search warrant issued in accordance with rule 41 of the Federal Rules of Criminal Procedure, or other warrant or civil or criminal process issued by any officer or court of competent jurisdiction.

      (8) SUBPOENAS- In addition to any subpoena authority pursuant to subsection (b), the Secretary may, for the purposes of conducting any investigation under this section, or any other statute administered by the Secretary, issue subpoenas for the production of relevant papers, photographs, records, books, and documents in any form, including those in electronic, electrical, or magnetic form.

    (d) DISTRICT COURT JURISDICTION- The several district courts of the United States shall have jurisdiction over any actions arising under this section. For the purpose of this section, American Samoa shall be included within the judicial district of the District Court of the United States for the District of Hawaii. Each violation shall be a separate offense and the offense shall be deemed to have been committed not only in the district where the violation first occurred, but also in any other district as authorized by law. Any offenses not committed in any district are subject to the venue provisions of section 3238 of title 18, United States Code.

    (e) PROHIBITED ACTS- It is unlawful for any person--

      (1) to violate any provision of this section or any Act to which this section applies or any regulation promulgated thereunder;

      (2) to refuse to permit any authorized enforcement officer to board, search, or inspect a vessel, conveyance, or shoreside facility that is subject to the person’s control for purposes of conducting any search, investigation, or inspection in connection with the enforcement of this section or any Act to which this section applies or any regulation promulgated thereunder;

      (3) to forcibly assault, resist, oppose, impede, intimidate, or interfere with any such authorized officer in the conduct of any search, investigation, or inspection described in paragraph (2);

      (4) to resist a lawful arrest for any act prohibited by this section or any Act to which this section applies;

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

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

      (7) to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any fish or fish product taken, possessed, transported, or sold in violation of any treaty or binding conservation measure adopted pursuant to an international agreement or organization to which the United States is a party; or

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

    (f) REGULATIONS- The Secretary may promulgate such regulations, in accordance with section 553 of title 5, United States Code, as may be necessary to carry out this section or any Act to which this section applies.

SEC. 102. CONFORMING, MINOR, AND TECHNICAL AMENDMENTS.

    (a) High Seas Driftnet Fishing Moratorium Protection Act-

      (1) Section 606 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g) is amended--

        (A) by inserting ‘(a) DETECTING, MONITORING, AND PREVENTING VIOLATIONS- ’ before ‘The President’; and

        (B) by adding at the end thereof the following:

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

      (2) Section 607(2) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826h(2)) is amended by striking ‘whose vessels’ and inserting ‘that’.

      (3) Section 609(a) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(a)) is amended to read as follows:

    ‘(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 in areas described in paragraph (1)(C).

      ‘(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.’.

      (4) Section 609(d)(1) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(d)(1)) is amended by striking ‘of its fishing vessels’ each place it appears.

      (5) Section 609(d)(2) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(d)(2)) is amended--

        (A) by striking ‘procedure for certification,’ and inserting ‘procedure,’;

        (B) by striking ‘basis of fish’ and inserting ‘basis, for allowing importation of fish’; and

        (C) by striking ‘harvesting nation not certified under paragraph (1)’ and inserting ‘nation issued a negative certification under paragraph (1)’.

      (6) Section 610(a)(1) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(a)(1)) is amended--

        (A) by striking ‘calendar year’ and inserting ‘3 years’; and

        (B) by striking ‘practices;’ and inserting ‘practices--’.

    (b) DOLPHIN PROTECTION CONSUMER INFORMATION ACT- Section 901 of the Dolphin Protection Consumer Information Act (16 U.S.C. 1385) is amended--

      (1) by adding at the end of subsection (d) the following:

    ‘(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 and authorized officer in the conduct of any search, investigation or inspection under this Act.’; and

      (2) by striking subsection (e) and inserting the following:

    ‘(e) ENFORCEMENT- This Act shall be enforced under section 101 of the International Fisheries Stewardship and Enforcement Act.’.

    (c) Tuna Conventions Act of 1950- Section 8 of the Tuna Conventions Act of 1950 (16 U.S.C. 957) is amended--

      (1) by striking ‘regulations.’ in subsection (a) and inserting ‘regulation or for any person to make or submit any false record, account, or label for, or any false identification of, any fish or fish product (including the false identification of species, harvesting vessel or nation or the location where harvested) which has been, or is intended to be imported, exported, transported, sold, offered for sale, purchased, or received in interstate or foreign commerce.’;

      (2) by striking subsection (d) and inserting the following:

    ‘(d) It shall be unlawful for any person--

      ‘(1) to refuse to permit any officer authorized to enforce the provisions of this Act to board a fishing vessel subject to such person’s control for purposes of conducting any search, investigation, or inspection in connection with the enforcement of this Act or any regulation promulgation or permit issued under this Act;

      ‘(2) to forcibly assault, resist, oppose, impede, intimidate, or interfere with any such authorized officer in the conduct of any search, investigation or inspection described in paragraph (1);

      ‘(3) to resist a lawful arrest for any act prohibited by this section; or

      ‘(4) 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.’;

      (3) by striking subsections (e) through (g) and redesignating subsection (h) as subsection (f); and

      (4) by inserting after subsection (d) the following:

    ‘(e) ENFORCEMENT- This section shall be enforced under section 101 of the International Fisheries Stewardship and Enforcement Act.’.

    (d) Northern Pacific Anadromous Stocks Act of 1992-

      (1) UNLAWFUL ACTIVITIES- Section 810 of the Northern Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 5009) is amended--

        (A) by striking ‘purchases’ in paragraph (5) and inserting ‘purposes’;

        (B) by striking ‘search or inspection’ in paragraph (5) and inserting ‘search, investigation, or inspection’;

        (C) by striking ‘search or inspection’ in paragraph (6) and inserting ‘search, investigation, or inspection’;

        (D) by striking ‘or’ after the semicolon in paragraph (8);

        (E) by striking ‘title.’ in paragraph (9) and inserting ‘title; or’; and

        (F) by adding at the end thereof the following:

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

      (2) ADMINISTRATION AND ENFORCEMENT- Section 811 of the Northern Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 5010) is amended to read as follows:

‘SEC. 811. ADMINISTRATION AND ENFORCEMENT.

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

    (e) Pacific Salmon Treaty Act of 1985- Section 8 of the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3637) is amended--

      (1) by striking ‘search or inspection’ in subsection (a)(2) and inserting ‘search, investigation, or inspection’;

      (2) by striking ‘search or inspection’ in subsection (a)(3) and inserting ‘search, investigation, or inspection’;

      (3) by striking ‘or’ after the semicolon in subsection (a)(5);

      (4) by striking ‘section.’ in subsection (a)(6) and inserting ‘section; or’;

      (5) by adding at the end of subsection (a) the following:

      ‘(7) for any person to make or submit any false record, account, or label for, or any false identification of, any fish or fish product (including false identification of the species, harvesting vessel or nation, or the location where harvested) which has been, or is intended to be imported, exported, transported, sold, offered for sale, purchased, or received in interstate or foreign commerce.’; and

      (6) by striking subsections (b) through (f) and inserting the following:

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

    (f) South Pacific Tuna Act of 1988-

      (1) PROHIBITED ACTS- Section 5(a) of the South Pacific Tuna Act of 1988 (16 U.S.C. 973c(a)) is amended--

        (A) by striking ‘search or inspection’ in paragraph (8) and inserting ‘search, investigation, or inspection’;

        (B) by striking ‘search or inspection’ in paragraph (10)(A) and inserting ‘search, investigation, or inspection’;

        (C) by striking ‘or’ after the semicolon in paragraph (12);

        (D) by striking ‘ retained.’ in paragraph (13) and inserting ‘retained; or’; and

        (E) by adding at the end thereof the following:

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

      (2) ADMINISTRATION AND ENFORCEMENT- The South Pacific Tuna Act of 1988 (16 U.S.C. 973 et seq.) is amended by striking sections 7 and 8 (16 U.S.C. 973e and 973f) and inserting the following:

‘SEC. 7. ADMINISTRATION AND ENFORCEMENT.

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

    (g) Antarctic Marine Living Resources Convention Act of 1984-

      (1) UNLAWFUL ACTIVITIES- Section 306 of the Antarctic Marine Living Resources Convention Act (16 U.S.C. 2435) is amended--

        (A) by striking ‘which he knows, or reasonably should have known, was’ in paragraph (3);

        (B) by striking ‘search or inspection’ in paragraph (4) and inserting ‘search, investigation, or inspection’;

        (C) by striking ‘search or inspection’ in paragraph (5) and inserting ‘search, investigation, or inspection’;

        (D) by striking ‘or’ after the semicolon in paragraph (6);

        (E) by striking ‘section.’ in paragraph (7) and inserting ‘section; or’; and

        (F) by adding at the end thereof the following:

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

      (2) REGULATIONS- Section 307 of the Antarctic Marine Living Resources Convention Act (16 U.S.C. 2436) is amended by inserting after ‘title.’ the following: ‘Notwithstanding the provisions of subsections (b), (c), and (d) of section 553 of title 5, United States Code, the Secretary of Commerce may publish in the Federal Register a final rule to implement conservation measures, described in section 305(a) of this Act, 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. Upon publication in the Federal Register, such conservation measures shall be in force with respect to the United States.’.

      (3) PENALTIES AND ENFORCEMENT- The Antarctic Marine Living Resources Convention Act (16 U.S.C. 2431 et seq.) is amended--

        (A) by striking sections 308 and 309 (16 U.S.C. 2437 and 2438);

        (B) by striking subsection (b), (c), and (d) of section 310 (16 U.S.C. 2439) and redesignating subsection (e) as subsection (c); and

        (C) by inserting after subsection (a) the following:

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

    (h) Atlantic Tunas Convention Act of 1975-

      (1) VIOLATIONS- Section 7 of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971e) is amended--

        (A) by striking subsections (e) and (f) and redesignating subsection (g) as subsection (f); and

        (B) by inserting after subsection (d) the following:

    ‘(e) MISLABELING- It shall be unlawful for any person to make or submit any false record, account, or label for, or any false identification of, any fish or fish product (including the false identification of the species, harvesting vessel or nation, or the location where harvested) which has been, or is intended to be, imported, exported, transported, sold, offered for sale, purchased or received in interstate or foreign commerce.’.

      (2) ENFORCEMENT- Section 8 of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971f) is amended--

        (A) by striking subsections (a) and (c);

        (B) by striking ‘(b) INTERNATIONAL ENFORCEMENT- ’ in subsection (b) and inserting ‘This Act shall be enforced under section 101 of the International Fisheries Stewardship and Enforcement Act.’; and

        (C) by striking ‘shall have the authority to carry out the enforcement activities specified in section 8(a) of this Act’ each place it appears and inserting ‘shall enforce this Act’.

    (i) Northwest Atlantic Fisheries Convention Act of 1995- Section 207 of the Northwest Atlantic Fisheries Convention Act of 1995 (16 U.S.C. 5606) is amended--

      (1) by striking ‘AND PENALTIES.’ in the section caption and inserting ‘AND ENFORCEMENT.’;

      (2) by striking ‘search or inspection’ in subsection (a)(2) and inserting ‘search, investigation, or inspection’;

      (3) by striking ‘search or inspection’ in subsection (a)(3) and inserting ‘search, investigation, or inspection’;

      (4) by striking ‘or’ after the semicolon in subsection (a)(5);

      (5) by striking ‘section.’ in subsection (a)(6) and inserting ‘section ; or’;

      (6) by adding at the end of subsection (a) the following:

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

      (7) by striking subsection (b) through (f) and inserting the following:

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

    (j) Western and Central Pacific Fisheries Convention Implementation Act-

      (1) ADMINSTRATION AND ENFORCEMENT- Section 506(c) of the Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6905(c)) is amended to read as follows:

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

      (2) PROHIBITED ACTS- Section 507(a) of the Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6906(a)) is amended--

        (A) by striking ‘suspension, on’ in paragraph (2) and inserting ‘suspension of’;

        (B) by striking ‘title.’ in paragraph (14) and inserting ‘title; or’; and

        (C) by adding at the end thereof the following:

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

    (k) Northern Pacific Halibut Act of 1982-

      (1) PROHIBITED ACTS- Section 7 of the Northern Pacific Halibut Act of 1982 (16 U.S.C. 773e) is amended--

        (A) by redesignating subdivisions (a) and (b) as paragraphs (1) and (2), respectively, and subdivisions (1) through (6) of paragraph (1), as redesignated, as subparagraphs (A) through (F);

        (B) by striking ‘search or inspection’ in paragraph (1)(B), as redesignated, and inserting ‘search, investigation, or inspection’;

        (C) by striking ‘search or inspection’ in paragraph (1)(C), as redesignated, and inserting ‘search, investigation, or inspection’;

        (D) by striking ‘or’ after the semicolon in paragraph (1)(E), as redesignated;

        (E) by striking ‘section.’ in paragraph (1)(F), as redesignated, and inserting ‘section;’; and

        (F) by adding at the end of paragraph (1), as redesignated, the following:

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

      (2) ADMINISTRATION AND ENFORCEMENT- The Northern Pacific Halibut Act of 1982 (16 U.S.C. 773 et seq.) is amended--

        (A) by striking sections 3, 9, and 10 (16 U.S.C. 773f, 773g, and 773h); and

        (B) by striking subsections (b) through (f) of section 11 (16 U.S.C. 773i) and inserting the following:

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

SEC. 103. ILLEGAL, UNREPORTED, OR UNREGULATED FISHING.

    (a) IN GENERAL- Section 608 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826i), as amended by section 302(a) of this Act, is further amended by adding at the end thereof the following:

    ‘(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 engaged 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).’.

    (b) ADDITIONAL MEASURES-

      (1) Amendment of the high seas driftnet fishing moratorium protection act-

        (A) Section 609(d)(3) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(d)(3)) is amended by striking ‘that has not been certified by the Secretary under this subsection, or’ in subparagraph (A)(i).

        (B) Section 610(c)(5) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(c)(5)) is amended by striking ‘that has not been certified by the Secretary under this subsection, or’.

      (2) Amendment of the high seas driftnet fisheries enforcement act-

        (A) Section 101 of the High Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a) is amended--

          (i) by striking subsection (a)(2) and inserting the following:

      ‘(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 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.’;

          (ii) by striking ‘or illegal, unreported, or unregulated fishing’ each place it appears in subsection (b)(1) and (2);

          (iii) by striking ‘or’ after the semicolon in subsection (b)(3)(A)(i);

          (iv) by striking ‘nation.’ in subsection (b)(3)(A)(ii) and inserting ‘nation; or’;

          (v) by adding at the end of subsection (b)(3)(A) the following:

          ‘(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) or 1826k(c)(1)).’;

          (vi) by inserting ‘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) or 1826k(c)(1),’ after ‘paragraph (1),’ in subsection (b)(4)(A); and

          (vii) by striking subsection (b)(4)(A)(i) and inserting the following:

          ‘(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 for which a nation has been identified under section 610 of such Act (16 U.S.C. 1826k); or’.

        (B) Section 102 of the High Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826b) is amended by striking ‘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.’ and inserting ‘such nation has--

      ‘(1) terminated large-scale driftnet fishing by its nationals and vessels beyond the exclusive economic zone of any nation;

      ‘(2) 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) addressed bycatch of a protected living marine resource for which a nation has been identified under section 610 of that Act (16 U.S.C. 1826k).’.

SEC. 104. LIABILITY.

    Any claims arising from the actions of any officer, authorized by the Secretary 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 chapter 171 of title 28, United States Code, or such other legal authority as may be pertinent.

TITLE II--LAW ENFORCEMENT AND INTERNATIONAL OPERATIONS.

SEC. 201. INTERNATIONAL FISHERIES ENFORCEMENT PROGRAM.

    (a) Establishment-

      (1) IN GENERAL- Within 12 months after the date of the enactment of this Act, the Secretary shall, subject to the availability of appropriations, establish an International Fisheries Enforcement Program within the Office of Law Enforcement of the National Marine Fisheries Service.

      (2) PURPOSE- The Program shall be an interagency program established and administered by the Secretary in coordination with the heads of other departments and agencies for the purpose of detecting and investigating illegal, unreported, or unregulated fishing activity and enforcing the provisions of this Act.

      (3) STAFF- The Program shall be staffed with representation from the U.S. Coast Guard, U.S. Customs and Border Protection, U.S. Food and Drug Administration, and any other department or agency determined by the Secretary to be appropriate and necessary to detect and investigate illegal, unreported, or unregulated fishing activity and enforce the provisions of this Act.

    (b) Program Actions-

      (1) STAFFING AND OTHER RESOURCES- At the request of the Secretary, the heads of other departments and agencies providing staff for the Program shall--

        (A) by agreement, on a reimbursable basis or otherwise, participate in staffing the Program;

        (B) by agreement, on a reimbursable basis or otherwise, share personnel, services, equipment (including aircraft and vessels), and facilities with the Program; and

        (C) to the extent possible, and consistent with other applicable law, extend the enforcement authorities provided by their enabling legislation to the other departments and agencies participating in the Program for the purposes of conducting joint operations to detect and investigate illegal, unreported or unregulated fishing activity and enforcing the provisions of this Act.

      (2) BUDGET- The Secretary and the heads of other departments and agencies providing staff for the Program, may, at their discretion, develop interagency plans and budgets and engage in interagency financing for such purposes.

      (3) 5-year plan- Within 180 days after the date on which the Program is established under subsection (a), the Secretary shall develop a 5-year strategic plan for guiding interagency and intergovernmental international fisheries enforcement efforts to carry out the provisions of this Act. The Secretary shall update the plan periodically as necessary, but at least once every 5 years.

      (4) COOPERATIVE ACTIVITIES- The Secretary, in coordination with the heads of other departments and agencies providing staff for the Program, may--

        (A) create and participate in task forces, committees, or other working groups with other Federal, State or local governments as well as with the governments of other nations for the purposes of detecting and investigating illegal, unreported, or unregulated fishing activity and carrying out the provisions of this Act; and

        (B) enter into agreements with other Federal, State, or local governments as well as with the governments of other nations, on a reimbursable basis or otherwise, for such purposes.

    (c) POWERS OF AUTHORIZED OFFICERS- Notwithstanding any other provision of law, while operating under an agreement with the Secretary entered into under section 101 of this Act, and conducting joint operations as part of the Program for the purposes of detecting and investigating illegal, unreported or unregulated fishing activity and enforcing the provisions of this Act, authorized officers shall have the powers and authority provided in that section.

    (d) INFORMATION COLLECTION, MAINTENANCE AND USE-

      (1) IN GENERAL- The Secretary and the heads of other departments and agencies providing staff for the Program shall, to the maximum extent allowable by law, share all applicable information, intelligence and data, related to the harvest, transportation or trade of fish and fish product in order to detect and investigate illegal, unreported, or unregulated fishing activity and to carry out the provisions of this Act.

      (2) COORDINATION OF DATA- The Secretary, through the Program, shall coordinate the collection, storage, analysis, and dissemination of all applicable information, intelligence, and data related to the harvest, transportation, or trade of fish and fish product collected or maintained by the member agencies of the Program.

      (3) CONFIDENTIALITY- The Secretary, through the Program, shall ensure the protection and confidentiality required by law for information, intelligence, and data related to the harvest, transportation, or trade of fish and fish product obtained by the Program.

      (4) DATA STANDARDIZATION- The Secretary and the heads of other departments and agencies providing staff for the Program shall, to the maximum extent practicable, develop data standardization for fisheries related data for Program agencies and with international fisheries enforcement databases as appropriate.

      (5) ASSISTANCE FROM INTELLIGENCE COMMUNITY- Upon request of the Secretary, elements of the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))) shall collect information related to illegal, unreported, or unregulated fishing activity outside the United States about individuals who are not United States persons (as defined in section 105A(c)(2) of such Act (50 U.S.C. 403-5a(c)(2))). Such elements of the intelligence community shall collect and share such information with the Secretary through the Program for law enforcement purposes in order to detect and investigate illegal, unreported, or unregulated fishing activities and to carry out the provisions of this Act. All collection and sharing of information shall be in accordance with the National Security Act of 1947 (50 U.S.C. 401 et seq.).

      (6) INFORMATION SHARING- The Secretary, through the Program, shall have authority to share fisheries-related data with other Federal or State government agency, foreign government, the Food and Agriculture Organization of the United Nations, or the secretariat or equivalent of an international fisheries management organization or arrangement made pursuant to an international fishery agreement, if--

        (A) such governments, organizations, or arrangements have policies and procedures to safeguard such information from unintended or unauthorized disclosure; and

        (B) the exchange of information is necessary--

          (i) to ensure compliance with any law or regulation enforced or administered by the Secretary;

          (ii) to administer or enforce treaties to which the United States is a party;

          (iii) to administer or enforce binding conservation measures adopted by any international organization or arrangement to which the United States is a party;

          (iv) to assist in investigative, judicial, or administrative enforcement proceedings in the United States; or

          (v) to assist in any fisheries or living marine resource related law enforcement action undertaken by a law enforcement agency of a foreign government, or in relation to a legal proceeding undertaken by a foreign government.

    (e) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated $30,000,000 to the Secretary for each of fiscal years 2010 through 2015 to carry out this section.

SEC. 202. INTERNATIONAL COOPERATION AND ASSISTANCE PROGRAM.

    (a) INTERNATIONAL COOPERATION AND ASSISTANCE PROGRAM- The Secretary may establish an international cooperation and assistance program, including grants, to provide assistance for international capacity building efforts.

    (b) AUTHORIZED ACTIVITIES- In carrying out the program, the Secretary may--

      (1) provide funding and technical expertise to other nations to assist them in addressing illegal, unreported, or unregulated fishing activities;

      (2) provide funding and technical expertise to other nations to assist them in reducing the loss and environmental impacts of derelict fishing gears, reducing the bycatch of living marine resources, and promoting international marine resource conservation;

      (3) provide funding, technical expertise, and training, in cooperation with the International Fisheries Enforcement Program 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 projects that promote sustainable fisheries; and

      (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 illegal, unreported, or unregulated fishing activity and to promote international marine resource conservation.

    (c) GUIDELINES- The Secretary may establish guidelines necessary to implement the program.

    (d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Secretary $5,000,000 for each of fiscal years 2010 through 2015 to carry out this section. -

TITLE III--MISCELLANEOUS AMENDMENTS

SEC. 301. ATLANTIC TUNAS CONVENTION ACT OF 1975.

    (a) ELIMINATION OF ANNUAL REPORT- Section 11 of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971j) is repealed.

    (b) CERTAIN REGULATIONS- Section 971d(c)(2) of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971d(c)(2)) is amended--

      (1) by inserting ‘(A)’ after ‘(2)’;

      (2) by striking ‘(A) submission’ and inserting ‘the presentation’;

      (3) by striking ‘arguments, and (B) oral presentation at a public hearing. Such’ and inserting ‘written or oral statements at a public hearing. After consideration of such presentations, the ’; and

      (4) by adding at the end thereof the following:

    ‘(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.’.

SEC. 302. DATA SHARING.

    (a) HIGH SEAS DRIFTNET FISHING MORATORIUM PROTECTION ACT- Section 608 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826i) is amended--

      (1) by inserting ‘(a) IN GENERAL- ’ before ‘The Secretary,’;

      (2) by striking ‘organizations’ the first place it appears and inserting, ‘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),’;

      (3) by striking ‘and’ after the semicolon in paragraph (2)(C);

      (4) by striking ‘territories.’ in paragraph (3) and inserting ‘territories; and’; and

      (5) by adding at the end thereof the following:

      ‘(4) 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 of the United Nations, international fishery management organizations (as so defined), 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.’.

    (b) CONFORMING AMENDMENT- Section 402(b)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881a(b)(1)) is amended--

      (1) by striking ‘or’ after the semicolon in subparagraph (G);

      (2) by redesignating subparagraph (H) as subparagraph (J); and

      (3) by inserting after subparagraph (G) the following:

      ‘(H) to the Food and Agriculture Organization of the United Nations, international fishery management organizations, or arrangements made pursuant to an international fishery agreement as provided for in 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 of the United Nations, or the secretariat or equivalent of an international fisheries management organization or arrangement made pursuant to an international fishery agreement, as provided in section 201(d)(6) of the International Fisheries Stewardship and Enforcement Act; or’.

SEC. 303. PERMITS UNDER THE HIGH SEAS FISHING COMPLIANCE ACT OF 1995.

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

    ‘(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.’.

SEC. 304. TECHNICAL CORRECTIONS TO THE WESTERN AND CENTRAL PACIFIC FISHERIES CONVENTION IMPLEMENTATION ACT.

    Section 503 of the Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6902) is amended--

      (1) by striking ‘Management Council and’ in subsection (a) and inserting ‘Management Council, and one of whom shall be the chairman or a member of’;

      (2) by striking subsection (c)(1) and inserting the following:

      ‘(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.’; and

      (3) by striking subsection (d)(2)(B)(ii) and inserting the following:

          ‘(ii) shall not be considered Federal employees except for the purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5, United States Code, and chapter 171 of title 28, United States Code.’.

SEC. 305. PACIFIC WHITING ACT OF 2006.

    (a) SCIENTIFIC EXPERTS- Section 605(a)(1) of the Pacific Whiting Act of 2006 (16 U.S.C. 7004(a)(1)) is amended by striking ‘at least 6 but not more than 12’ inserting ‘no more than 2’.

    (b) EMPLOYMENT STATUS- Section 609(a) of the Pacific Whiting Act of 2006 (16 U.S.C. 7008(a)) is amended to read as follows:

    ‘(a) EMPLOYMENT STATUS- Individuals appointed under section 603, 604, 605, or 606 of this title, other than officers or employees of the United States Government, 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.’.

SEC. 306. COMMITTEE ON SCIENTIFIC COOPERATION FOR PACIFIC SALMON AGREEMENT.

    Section 11 of the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3640) is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and inserting after subsection (b) the following:

    ‘(c) SCIENTIFIC COOPERATION COMMITTEE- 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.’.

SEC. 307. REAUTHORIZATIONS.

    (a) INTERNATIONAL DOLPHIN CONSERVATION PROGRAM- Section 304(c)(1) of the Marine Mammal Protection Act (16 U.S.C. 1414a(c)(1)) is amended by adding at the end thereof the following:

        ‘(5) $1,000,000 for each of fiscal years 2009 through 2013.’.

    (b) Pacific Salmon Treaty Act of 1985- Section 16(d)(2)(A) of the Pacific Salmon Treaty Act of 1985 (16 3645(d)(2)(A)) is amended by striking ‘and 2009,’ and inserting ‘2009, 2010, 2011, 2012, and 2013,’.

    (c) South Pacific Tuna Act of 1988- Section 20(a) of the South Pacific Tuna Act of 1988 (16 U.S.C. 973r(a)) is amended by striking ‘1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, and 2002,’ each place it appears and inserting ‘2009 through 2013’.

TITLE IV--IMPLEMENTATION OF THE ANTIGUA CONVENTION

SEC. 401. SHORT TITLE.

    This title may be cited as the ‘Antigua Convention Implementing Act of 2009’.

SEC. 402. AMENDMENT OF THE TUNA CONVENTIONS ACT OF 1950.

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

SEC. 403. DEFINITIONS.

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

‘SEC. 2. DEFINITIONS.

    ‘In this Act:

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

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

      ‘(3) CONVENTION- The term ‘Convention’ means--

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

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

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

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

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

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

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

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

SEC. 404. COMMISSIONERS; NUMBER, APPOINTMENT, AND QUALIFICATIONS.

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

‘SEC. 3. COMMISSIONERS.

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

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

    ‘(c) Administrative Matters-

      ‘(1) EMPLOYMENT STATUS- Individuals serving as such Commissioners, other than officers or employees of the United States Government, shall not be considered Federal employees except for the purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5, United States Code, and chapter 171 of title 28, United States Code.

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

      ‘(3) Travel expenses-

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

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

SEC. 405. GENERAL ADVISORY COMMITTEE AND SCIENTIFIC ADVISORY SUBCOMMITTEE.

    Section 4 (16 U.S.C. 953) is amended--

      (1) by striking subsection (a) and inserting the following:

    ‘(a) General Advisory Committee-

      ‘(1) Appointments; public participation; compensation-

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

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

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

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

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

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

      ‘(3) Administrative matters-

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

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

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

          ‘(ii) shall 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.’; and

      (2) by striking so much of subsection (b) as precedes paragraph (2) and inserting the following:

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

SEC. 406. RULEMAKING.

    Section 6 (16 U.S.C. 955) is amended--

      (1) by striking the section caption and inserting the following:

‘SEC. 6. RULEMAKING.’;

      and

      (2) by striking subsections (a) and (b) and inserting the following:

    ‘(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.’.

SEC. 407. PROHIBITED ACTS.

    Section 8 (16 U.S.C. 957) is amended to read as follows:

‘SEC. 8. PROHIBITED ACTS.

    ‘It is unlawful for any person--

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 408. ENFORCEMENT.

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

‘SEC. 10. ENFORCEMENT.

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

SEC. 409. REDUCTION OF BYCATCH.

    Section 15 (16 U.S.C. 962) is amended by striking ‘vessel’ and inserting ‘vessels’.

SEC. 410. REPEAL OF EASTERN PACIFIC TUNA LICENSING ACT OF 1984.

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

Calendar No. 710

111th CONGRESS

2d Session

S. 2870

A BILL

To establish uniform administrative and enforcement procedures and penalties for the enforcement of the High Seas Driftnet Fishing Moratorium Protection Act and similar statutes, and for other purposes.


December 17, 2010

Reported without amendment