--- kind: "diff" citation: "H.R. 69" bill: "113-hr-69" heading: "Illegal, Unreported, and Unregulated Fishing Enforcement Act of 2014" from: "ih" from_label: "Introduced in House" to: "rh" to_label: "Reported in House" sections_amended: 5 sections_added: 10 sections_removed: 1 url: "https://uscodex.org/bills/113/hr/69/changes/rh" --- # H.R. 69 — what changed H.R. 69, Illegal, Unreported, and Unregulated Fishing Enforcement Act of 2014 — 5 sections amended, 10 added, and 1 removed between Introduced in House and Reported in House. Edits are marked `struck` and `inserted`. ## Section 1 Short title - This Act may be cited as the “Illegal, Unreported, and Unregulated Fishing Enforcement Act of 2013”.2014”. ## Sec. 101 Amendments to the High Seas Driftnet Fishing Moratorium Protection Act - (a) Administration and enforcement— Section 606 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g) is amended by inserting before the first sentence the following: - “(a) In general—The Secretary and the Secretary of the department in which the Coast Guard is operating shall enforce this Act, and the Acts to which this section applies, in accordance with this section. Each such Secretary may, by agreement, on a reimbursable basis or otherwise, utilize the personnel services, equipment (including aircraft and vessels), and facilities of any other Federal agency, and of any State agency, in the performance of such duties. - “(b) Acts to which section applies—This section applies to— - “(1) the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3631 et seq.); - “(2) the Dolphin Protection Consumer Information Act (16 U.S.C. 1385); - “(3) the Tuna Conventions Act of 1950 (16 U.S.C. 951 et seq.); - “(4) the North Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 5001 et seq.); - “(5) the South Pacific Tuna Act of 1988 (16 U.S.C. 973 et seq.); - “(6) the Antarctic Marine Living Resources Convention Act of 1984 (16 U.S.C. 2431 et seq.); - “(7) the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971 et seq.); - “(8) the Northwest Atlantic Fisheries Convention Act of 1995 (16 U.S.C. 5601 et seq.); andseq.); - “(9) the Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6901 et seq.).seq.); and - “(c) Administration and enforcement—The Secretary shall prevent any person from violating this Act, or any Act to which this section applies, in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though sections 308 through 311 of “(10) the Magnuson-Stevens Fishery Conservation and Management North Pacific Halibut Act of 1982 (16 U.S.C. 1858 through 1861) were incorporated into and made a part of and applicable to this Act and each such Act.773a et seq.). - “(c) Administration and enforcement - “(1) In general—The Secretary shall prevent any person from violating this Act, or any Act to which this section applies, in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though sections 308 through 311 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1858 through 1861) were incorporated into and made a part of and applicable to this Act and each such Act. - “(2) International cooperation—The Secretary may, subject to appropriations and in the course of carrying out the Secretary’s responsibilities under the Acts to which this section applies, engage in international cooperation to help other nations combat illegal, unreported, and unregulated fishing and achieve sustainable fisheries. - “(d) Special rules - “(1) In general—Notwithstanding the incorporation by reference of certain sections of the Magnuson-Stevens Fishery Conservation and Management Act under subsection (c), 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) Additional enforcement authority—In addition to the powers of officers authorized pursuant to subsection (c), any officer who is authorized by the Secretary, or the head of any Federal or State agency that has entered into an agreement with the Secretary under subsection (a), 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 “(1) Additional enforcement authority—In addition to the storage, processing, transport, powers of officers authorized pursuant to subsection (c), any officer who is authorized by the Secretary, or trade the head of fish any Federal or fish products;State agency that has entered into an agreement with the Secretary under subsection (a), may enforce the provisions of any Act to which this section applies, with the same jurisdiction, powers, and duties as though section 311 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861) were incorporated into and made a part of each such Act. - “(C) detain, for a period “(2) Disclosure of up enforcement information—The Secretary, subject to 5 days, any shipment the data confidentiality provisions in section 402 of fish or fish product imported into, landed on, introduced into, exported from, or transported within the jurisdiction Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881a), may disclose, as necessary and appropriate, information, including information collected under joint authority of the United States, or, if such fish Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) and the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 71 et seq.) or fish product is deemed the Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6901 et seq.) or other statutes implementing international fishery agreements, to be perishable, sell any other Federal or State government agency, the Food and retain Agriculture Organization of the proceeds therefrom for a period United Nations, the secretariat or equivalent of up an international fishery management organization or arrangement made pursuant to 5 days;an international fishery agreement, or a foreign government, if— - “(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; - “(E) search and seize, in accordance with any guidelines that are issued by the Attorney General; and - “(F) 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. - “(3) Disclosure of enforcement information—The Secretary may disclose, as necessary and appropriate, information, including information collected under joint authority of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) and the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 71 et seq.) or the Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6901 et seq.) or other statutes implementing international fishery agreements, to any other Federal or State government agency, the Food and Agriculture Organization of the United Nations, the secretariat or equivalent of an international fishery management organization or arrangement made pursuant to an international fishery agreement, or a foreign government, if— - “(A) such government, organization, or arrangement has policies and procedures to protect such information from unintended or unauthorized disclosure; and - “(B) such disclosure is necessary— - “(i) to ensure compliance with any law or regulation enforced or administered by the Secretary; - “(ii) to administer or enforce any international fishery agreement to which the United States is a party; - “(iii) to administer or enforce a binding conservation measure adopted by any international organization or arrangement to which the United States is a party; - “(iv) to assist in any investigative, judicial, or administrative enforcement proceeding in the United States; or - “(v) to assist in any law enforcement action undertaken by a law enforcement agency of a foreign government, or in relation to a legal proceeding undertaken by a foreign government to the extent the enforcement action is consistent with rules and regulations of a regional fishery management organization that the United States is a member of, or the Secretary has determined that the enforcement action is consistent with the requirements under Federal law for enforcement actions with respect to illegal, unreported, and unregulated fishing. - “(v) to assist in any law enforcement action undertaken by a law enforcement agency of a foreign government, or in relation to a legal proceeding undertaken by a foreign government. - “(e) Prohibited acts—It is unlawful for any person— - “(1) to violate any provision of this Act or any regulation or permit issued pursuant to this Act; - “(2) to refuse to permit any officer authorized to enforce the provisions of this Act to board, search, or inspect a vessel, subject to such person’s control for the purposes of conducting any search, investigation, or inspection in connection with the enforcement of this Act, any regulation promulgated under this Act, or any Act to which this section applies; - “(2) to refuse to permit any officer authorized to enforce the provisions of this Act to board, search, or inspect a vessel, aircraft, vehicle, or shoreside facility subject to such person’s control for the purposes of conducting any search, investigation, or inspection in connection with the enforcement of this Act, any regulation promulgated under this Act, or any Act to which this section applies; - “(3) to forcibly assault, resist, oppose, impede, intimidate, or interfere with any such authorized officer in the conduct of any search, investigation, or inspection described in paragraph (2); - “(4) to resist a lawful arrest for any act prohibited by this section or any Act to which this section applies; - “(5) to interfere with, delay, or prevent, by any means, the apprehension, arrest, or detection of an other person, knowing that such person has committed any act prohibited by this section or any Act to which this section applies; or - “(6) to forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with— - “(A) any observer on a vessel under this Act or any Act to which this section applies; or - “(B) any data collector employed by the National Marine Fisheries Service or under contract to any person to carry out responsibilities under this Act or any Act to which this section applies. - “(f) Civil penalty—Any person who commits any act that is unlawful under subsection (e) shall be liable to the United States for a civil penalty, and may be subject to a permit sanction, under section 308 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1858). - “(g) Criminal penalty—Any person who commits an act that is unlawful under subsection (e)(2), (e)(3), (e)(4), (e)(5), or (e)(6) is deemed to be guilty of an offense punishable under section 309(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1859(b)). - “(h) Utilization of Federal agency assets” - (b) Actions To improve the effectiveness of international fishery management organizations— Section 608 of such Act (16 U.S.C. 1826i) is amended by— - (1) inserting before the first sentence the following: “(a) In general.—”; - (2) in subsection (a) (as designated by paragraph (1) of this subsection) in the first sentence, inserting “, or arrangements made pursuant to an international fishery agreement,” after “organizations”; and - (3) adding at the end the following new subsections: - “(b) Disclosure of information—The Secretary Secretary, subject to the data confidentiality provisions in section 402 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881a), may disclose, as necessary and appropriate, information, including information collected under joint authority of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) and the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 71 et seq.), the Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6901 et seq.), any other statute implementing an international fishery agreement, to any other Federal or State government agency, the Food and Agriculture Organization of the United Nations, or the secretariat or equivalent of an international fishery management organization or arrangement made pursuant to an international fishery agreement, if such government, organization, or arrangement, respectively, has policies and procedures to protect such information from unintended or unauthorized disclosure. - “(c) IUU vessel lists—The Secretary may— - “(1) develop, maintain, and make public a list of vessels and vessel owners engaged in illegal, unreported, or unregulated fishing or fishing-related activities in support of illegal, unreported, or unregulated fishing, including vessels or vessel owners identified by an international fishery management organization or arrangement made pursuant to an international fishery agreement, that— - “(A) the United States is party to; or - “(B) the United States is not party to, but whose procedures and criteria in developing and maintaining a list of such vessels and vessel owners are substantially similar to such procedures and criteria adopted pursuant to an international fishery agreement to which the United States is a party; and - “(2) take appropriate action against listed vessels and vessel owners, including action against fish, fish parts, or fish products from such vessels, in accordance with applicable United States law and consistent with applicable international law, including principles, rights, and obligations established in applicable international fishery management agreements and trade agreements. - “(d) Regulations—The Secretary may promulgate regulations to implement this section.” - (c) Notification regarding identification of nations— Section 609(b) of such Act (166 U.S.C. 1826j(b)) is amended to read as follows: - “(b) Notification—The Secretary shall notify the President and that nation of such an identification.” - (d) Nations identified under section 610— Section 610(b)(1) of such Act (16 U.S.C. 1826k(b)(1)) is amended to read as follows: - “(1) notify, as soon as possible, the President and nations that have been identified under subsection (a), and also notify other nations whose vessels engage in fishing activities or practices described in subsection (a), about the provisions of this section and this Act;” - (e) Effect of certification under section 609— Section 609(d)(3)(A)(i) of such Act (16 U.S.C. 1826j(d)(3)(A)(i)) is amended by striking “that has not been certified by the Secretary under this subsection, or”. - (f) Effect of certification under section 610— Section 610(c)(5) of such Act (16 U.S.C. 1826k(c)(5)) is amended by striking “that has not been certified by the Secretary under this subsection, or”. - (g) Identification of nations— - (1) Scope of identification for actions of fishing vessels— Section 609(a) of such Act (16 U.S.C. 1826j(a)) is amended— - (A) in the matter preceding paragraph (1) by striking “2 years” and inserting “3 years”;(1)— - (i) by inserting “, based on a cumulative compilation and analysis of data collected and provided by international fishery management organizations and other nations and organizations,” after “shall”; and - (ii) by striking “2 years” and inserting “3 years”; - (B) in paragraph (1), by inserting “that undermines the effectiveness of measures required by an international fishery management organization, taking into account whether” after “(1)”; and - (C) in paragraph (1), by striking “vessels of”. - (2) Additional grounds for identification— Section 609(a) of such Act (16 U.S.C. 1826j(a)) is further amended— - (A) by redesignating paragraphs (1) and (2) in order as subparagraphs (A) and (B) (and by moving the margins of such subparagraphs 2 ems to the right); - (B) by inserting before the first sentence the following: - “(1) Identification for actions of fishing vessels” - (C) by adding at the end the following: - “(2) Identification for actions of nation—Taking into account the factors described under section 609(a)(1), the Secretary shall also identify, and list in such report, a nation— - “(A) if it is violating, or has violated at any point during the preceding three years, conservation and management measures required under an international fishery management agreement to which the United States is a party and the violations undermine the effectiveness of such measures; or - “(B) if it is failing, or has failed in the preceding 3-year period, to effectively address or regulate illegal, unreported, or unregulated fishing in areas described under paragraph (1)(B). - “(3) Application to other entities—Where the provisions of this Act are applicable to nations, they shall also be applicable, as appropriate, to other entities that have competency to enter into international fishery management agreements.” - (3) Period of fishing practices supporting identification— Section 610(a)(1) of such Act (16 U.S.C. 1826k(a)(1)) is amended by striking “calendar year” and replacing with inserting “three years”. - (h) Authorization of appropriations— There is authorized to be appropriated to the Secretary of Commerce $450,000 for each of fiscal years 2015 through 2019 to implement the amendments made by subsections (b) and (g). - (h) Authorization of appropriations— - (1) Section 609(f) of such Act (16 U.S.C. 1826j) is amended by— - (A) striking “2007” and inserting “2014”; and - (B) striking “2013” and inserting “2019”. - (2) Section 610(f) of such Act (16 U.S.C. 1826k) is amended by— - (A) striking “2007” and inserting “2014”; and - (B) striking “2013” and inserting “2019”. - (i) Technical corrections— - (1) Section 607(2) of such Act (16 U.S.C. 1826h(2)) is amended by striking “whose vessels” and inserting “that”. - (2) Section 609(d)(1) of such Act (16 U.S.C. 1826j(d)(1)) is amended by striking “of its fishing vessels”. - (3) Section 609(d)(1)(A) of such Act (16 U.S.C. 1826j(d)(1)(A)) is amended by striking “of its fishing vessels”. - (4) Section 609(d)(2) of such Act (16 U.S.C. 1826j(d)(2)) is amended— - (A) by striking “for certification” and inserting “to authorize”; - (B) by inserting “the importation” after “or other basis”; - (C) by striking “harvesting”; and - (D) by striking “not certified under paragraph (1)” and inserting “issued a negative certification under paragraph (1)”. - (5) Section 610 of such Act (16 U.S.C. 1826k) is amended as follows: - (A) In subsection (a)(1), by striking “practices;” and inserting “practices—”. - (B) In subsection (c)(1)(A), by striking “, 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”. - (B) [was (10)(6)(4)] In subsection (c)(4), by striking all preceding subparagraph (B) and inserting the following: - “(4) Alternative procedure—The Secretary may establish a procedure to authorize, on a shipment-by-shipment, shipper-by-shipper, or other basis the importation of fish or fish products from a vessel of a nation issued a negative certification under paragraph (1) if the Secretary determines that such imports were harvested by practices that do not result in bycatch of a protected marine species, or were harvested by practices that— - “(A) are comparable to those of the United States, taking into account different conditions; and” ## Sec. 104 Amendments to the Pacific Salmon Treaty Act of 1985 - Section 8 of the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3637) is amended— - (1) in subsection (a)(2)— - (A) by inserting “, investigation,” after “search”; and - (B) by striking “this title;” and inserting “this Act;”; - (2) in subsection (a)(3)— - (A) by inserting “, investigation,” after “search”; and - (B) by striking “subparagraph (2) ;” (2);” and inserting “paragraph (2);”; - (3) in subsection (a)(5), by striking “this title; or” and inserting “this Act;”; and - (4) by striking subsections (b) through (f) and inserting the following: - “(b) Additional prohibitions and enforcement—For additional prohibitions relating to this Act and enforcement of this Act, see section 606 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g).” ## Sec. 111 Amendments to the Northern Pacific Halibut Act of 1982 - Section 7 of the Northern Pacific Halibut Act of 1982 (16 U.S.C. 773e) is amended— - (1) in paragraph (a) by redesignating paragraphs (1) through (6) as subparagraphs (A) through (F); - (2) by redesignating subsections (a) and (b) as paragraphs (1) and (2), respectively; - (3) in paragraph (1)(B), as so redesignated, by inserting “, investigation,” before “or inspection”; - (4) in paragraph (1)(C), as so redesignated, by inserting “, investigation,” before “or inspection”; - (a) Prohibited acts— Section 7 of the Northern Pacific Halibut Act of 1982 (16 U.S.C. 773e) is amended— - (1) in paragraph (a) by redesignating subparagraphs (1) through (6) as subparagraphs (A) through (F); - (2) by redesignating paragraphs (a) and (b) as paragraphs (1) and (2), respectively; - (3) by in paragraph (1)(B), as so redesignated, by inserting “, investigation,” before “or inspection”; - (4) by in paragraph (1)(C), as so redesignated, by inserting “, investigation,” before “or inspection”; - (5) [was (2)(7)] in paragraph (1)(E), as so redesignated, by striking “or” after the semicolon; and - (6) [was (2)(8)] in paragraph (1)(F), as so redesignated, by striking “section.” and inserting “section; or”. - (b) Enforcement powers— Section 11 of the Northern Pacific Halibut Act of 1982 (16 U.S.C. 773i) is amended by adding at the end the following: - “(g) In addition to the powers of officers authorized pursuant to subsection (b), any officer who is authorized by the Secretary, or by the head of any Federal or State agency that has entered into an agreement with the Secretary under subsection (a), to enforce the Convention, this Act, or any regulation adopted under this Act, may— - “(1) 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; - “(2) inspect records pertaining to the storage, processing, transport, or trade of fish or fish products; and - “(3) detain, for a period of up to 5 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 5 days.” ## Sec. 114 International cooperation and assistance — removed - (a) International cooperation and assistance— The Secretary of Commerce, acting through the National Marine Fisheries Service, may engage in international cooperation and provide assistance, including grants, to help other nations achieve sustainable fisheries. - (b) Authorized activities— In providing assistance to other nations, 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 gear, reducing the bycatch of living marine resources, and promoting international marine resource conservation; - (3) provide funding, technical expertise, and training 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 or non-governmental organizations, 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 this section. ## Sec. 206 Rulemaking - Section 6 (16 U.S.C. 955) is amended to read as follows: - “6. Rulemaking - “(a) Regulations—The Secretary, in consultation with the Secretary of State and, with respect to enforcement measures, the Secretary of the Department in which the Coast Guard is operating, may promulgate such regulations as may be necessary to carry out the United States international obligations under the Convention and this Act, including recommendations and decisions adopted by the Commission. In cases where the Secretary has discretion in the implementation of one or more measures adopted by the Commission that would govern fisheries under the authority of a Regional Fishery Management Council, the Secretary may, to the extent practicable within the implementation schedule of the Convention and any recommendations and decisions adopted by the Commission, promulgate such regulations as may be necessary to carry out the United States international obligations under the Convention and this Act, in accordance with the procedures established by the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). - “(b) Jurisdiction—The Secretary may promulgate regulations as may be necessary to carry out the United States international obligations under the Convention and this Act, applicable to all vessels and persons subject to the jurisdiction of the United States, including United States flag vessels wherever they may be operating, on such date as the Secretary shall prescribe.” ## Sec. 301 Short title — added - This title may be cited as the “Port State Measures Agreement Act of 2014”. ## Sec. 302 Purpose — added - The purpose of this title is to implement the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing. ## Sec. 303 Definitions — added - As used in this title: - (1) The term “Agreement” means the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, done at the Food and Agriculture Organization of the United Nations, in Rome, Italy, November 22, 2009, and signed by the United States November 22, 2009. - (2) The term “IUU fishing” means any activity set out in paragraph 3 of the 2001 FAO International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing. - (3) The term “listed IUU vessel” means a vessel that is included in a list of vessels having engaged in IUU fishing or fishing-related activities in support of IUU fishing that has been adopted by a regional fisheries management organization of which the United States is a member, or a list adopted by a regional fisheries management organization of which the United States is not a member if the Secretary determines the criteria used by that organization to create the IUU list is comparable to United States criteria for identifying IUU vessels and activities. - (4) The term “Magnuson-Stevens Act” means the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). - (5) The term “person” has the same meaning as that term has in section 3 of the Magnuson-Stevens Act (16 U.S.C. 1802). - (6) The term “RFMO” means a regional fisheries management organization. - (7) The term “Secretary” means the Secretary of Commerce or his or her designee. - (8) The term “vessel” means any vessel, ship of another type, or boat used for, equipped to be used for, or intended to be used for, fishing or fishing-related activities, including container vessels that are carrying fish that have not been previously landed. - (9) The term “fish” means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life other than marine mammals and birds. - (10) The term “fishing”— - (A) except as provided in subparagraph (B), means— - (i) the catching, taking, or harvesting of fish; - (ii) the attempted catching, taking, or harvesting of fish; - (iii) any other activity which can reasonably be expected to result in the catching, taking, or harvesting of fish; or - (iv) any operations at sea in support of, or in preparation for, any activity described in clauses (i) through (iii). - (B) does not include any scientific research activity that is conducted by a scientific research vessel. ## Sec. 304 Duties and authorities of the secretary — added - (a) Regulations— The Secretary may, as needed, promulgate such regulations, in accordance with section 553 of title 5, United States Code, and consistent with the provisions of this title, as may be necessary to carry out the purposes of this title to the extent that such regulations are not already promulgated. - (b) Consultation; utilization of existing reporting mechanisms— In promulgating regulations, procedures, and guidance pursuant to subsection (a), the Secretary shall consult with the Secretary of State and the Secretary of the department in which the Coast Guard is operating. To the maximum extent possible and subject to the data confidentiality provisions in section 402 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881a), such procedures shall utilize existing reporting mechanisms maintained and operated by the department in which the Coast Guard is operating. - (c) Ports of entry— The Secretary, in consultation with the Secretary of Homeland Security and, when the Coast Guard is not operating in the Department of Homeland Security, the Secretary of the department in which the Coast Guard is operating, may designate and publicize the ports to which vessels may seek entry. No port may be designated under this section that has not also been designated as a port of entry for customs reporting purposes pursuant to section 1433 of title 19, United States Code, or that is not specified under an existing international fisheries agreement. - (d) Notification— The Secretary shall provide notification of the denial of port entry or the use of port services for a vessel under section 305, the withdrawal of the denial of port services for a vessel, the taking of enforcement action pursuant to section 306 with respect to a vessel, or the results of any inspection of a vessel conducted pursuant to this title to the flag nation of the vessel and, as appropriate, to the nation of which the vessel’s master is a national, relevant coastal nations, RFMOs, the Food and Agriculture Organization of the United Nations, and other relevant international organizations. - (e) Confirmation that fish were taken in accordance with conservation and management measures— The Secretary may request confirmation from the flag state of a vessel that the fish on board a vessel in a port subject to the jurisdiction of the United States were taken in accordance with applicable RFMO conservation and management measures. ## Sec. 305 Authorization or denial of port entry — added - (a) Submission of information required under agreement— All foreign vessels seeking entry to a port subject to the jurisdiction of the United States must submit to the Secretary of the department in which the Coast Guard is operating information as required under the Agreement in advance of its arrival in port. - (b) Decision To authorize or deny port entry— The Secretary shall decide, based on the information submitted under subsection (a), whether to authorize or deny port entry and shall communicate this decision to the foreign vessel or to its representative. The Secretary may deny entry to— - (1) any foreign-listed IUU vessel; or - (2) any foreign vessel the Secretary has reasonable grounds to believe has engaged in IUU fishing or fishing-related activities in support of such fishing or has violated the Act. - (c) Denial of use of port— If a foreign vessel is in a port subject to the jurisdiction of the United States, the Secretary shall deny such vessel the use of the port for landing, transshipment, packaging and processing of fish, refueling, resupplying, maintenance and drydocking, if— - (1) the vessel entered without authorization under subsection (b); - (2) the vessel is a listed IUU vessel; - (3) the flag nation of the vessel has failed to provide confirmation requested by the Secretary that the fish on board were taken in accordance with applicable RFMO conservation and management measures; or - (4) the Secretary has reasonable grounds to believe— - (A) the vessel lacks valid authorizations to engage in fishing or fishing-related activities as required by its flag nation or the relevant coastal nation; - (B) the fish on board were taken in violation of foreign law or in contravention of any RFMO conservation and management measure; or - (C) the vessel has engaged in IUU fishing or fishing-related activities in support of such fishing, including in support of a listed IUU vessel, unless it can establish that— - (i) it was acting in a manner consistent with applicable RFMO conservation and management measures; or - (ii) in the case of the provision of personnel, fuel, gear, and other supplies at sea, the vessel provisioned was not, at the time of provisioning, a listed IUU vessel. - (d) Exceptions— Notwithstanding subsections (b) and (c), the Secretary may allow port entry or the use of port services— - (1) if they are essential to the safety or health of the crew or safety of the vessel; - (2) to allow, where appropriate, for the scrapping of the vessel; or - (3) pursuant to an inspection or other enforcement action. ## Sec. 306 Inspections — added - The Secretary, and the Secretary of the department in which the Coast Guard is operating, shall conduct foreign vessel inspections in ports subject to the jurisdiction of the United States as necessary to achieve the purposes of the Agreement and this title. If, following an inspection, the Secretary has reasonable grounds to believe that a foreign vessel has engaged in IUU fishing or fishing-related activities in support of such fishing, the Secretary may take enforcement action under this title or other applicable law, and shall deny the vessel the use of port services, in accordance with section 305. ## Sec. 307 Prohibited acts — added - It is unlawful for any person subject to the jurisdiction of the United States— - (1) to violate any provision of this title or the regulations issued under this title; - (2) to refuse to permit any authorized officer to board, search, or inspect a vessel that is subject to the person’s control in connection with the enforcement of this title or the regulations issued under this title; - (3) to submit false information pursuant to any requirement under this title or the regulations issued under this title; or - (4) to commit any offense enumerated in paragraph (4), (5), (7) or (9) of section 707(a) of the Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6906(a)). ## Sec. 308 Enforcement — added - (a) Existing authorities and responsibilities— The authorities and responsibilities under subsections (a), (b), and (c) of section 311 and section 308(f) of the Magnuson-Stevens Act (16 U.S.C. 1861, 1858(f)) shall apply with respect to enforcement of this title. - (b) Civil enforcement— - (1) Civil administrative penalties— - (A) In general— Any person who is found by the Secretary (after notice and opportunity for a hearing in accordance with section 554 of title 5, United States Code) to have committed an act prohibited under section 307 shall be liable to the United States for a civil penalty. The amount of the civil penalty shall be consistent with the amount under section 308(a) of the Magnuson-Stevens Act (16 U.S.C. 1858(a)). - (B) Compromise or other action by secretary— The Secretary shall have the same authority as provided in section 308(e) of the Magnuson-Stevens Act (16 U.S.C. 1858(e)) with respect to a violation of this Act. - (2) In rem jurisdiction— For purposes of this title, the conditions for in rem liability shall be consistent with section 308(d) of the Magnuson-Stevens Act (16 U.S.C. 1858(d)). - (3) Action upon failure to pay assessment— If any person fails to pay an assessment of a civil penalty under this title after it has become a final and unappealable order, or after the appropriate court has entered final judgment in favor of the Secretary, the Secretary shall refer the matter to the Attorney General, who shall recover the amount assessed in any appropriate district court of the United States. In such action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review. - (c) Forfeiture— - (1) In general— The forfeiture provisions of section 310 of the Magnuson-Stevens Act (16 U.S.C. 1860) shall apply in cases in which a person is convicted of an offense in violation of section 309. - (2) Application of the customs laws— All provisions of law relating to seizure, summary judgment, and judicial forfeiture and condemnation for violation of the customs laws, the disposition of the property forfeited or condemned or the proceeds from the sale thereof, the remission or mitigation of such forfeitures, and the compromise of claims shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this title, insofar as applicable and not inconsistent with the provisions hereof. For seizures and forfeitures of property under this section by the Secretary, such duties as are imposed upon the customs officer or any other person with respect to the seizure and forfeiture of property under the customs law may be performed by such officers as are designated by the Secretary or, upon request of the Secretary, by any other agency that has authority to manage and dispose of seized property. - (3) Presumption— For the purposes of this section there is a rebuttable presumption that all fish, or components thereof, found on board a vessel that is used or seized in connection with a violation of this title (including any regulation promulgated under this Act) were taken, obtained, or retained as a result of IUU fishing or fishing-related activities in support of IUU fishing. - (d) Criminal enforcement— Any person (other than a foreign government agency, or entity wholly owned by a foreign government) who knowingly commits an act prohibited by section 309 shall be subject to subsections (b) and (c) of section 309 of the Magnuson-Stevens Act (16 U.S.C. 1859). - (e) Payment of storage, care, and other costs— Any person assessed a civil penalty for, or convicted of, any violation of this title (including any regulation promulgated under this title) and any claimant in a forfeiture action brought for such a violation, shall be liable for the reasonable costs incurred by the Secretary in storage, care, and maintenance of any property seized in connection with the violation. ## Sec. 309 International cooperation and assistance — added - (a) Assistance to developing nations and international organizations— Consistent with existing authority and the availability of funds, the Secretary shall provide appropriate assistance to developing nations and international organizations of which such nations are members to assist those nations in meeting their obligations under the Agreement. - (b) Personnel, services, equipment, and facilities— In carrying out subsection (a), the Secretary may, by agreement, on a reimbursable or nonreimbursable basis, utilize the personnel, services, equipment, and facilities of any Federal, State, local, or foreign government or any entity of any such government. ## Sec. 310 Relationship to other laws — added - (a) In general— Nothing in this title shall be construed to displace any requirements imposed by the customs laws of the United States or any other laws or regulations enforced or administered by the Secretary of Homeland Security. Where more stringent requirements regarding port entry or access to port services exist under other Federal law, those more stringent requirements shall apply. Nothing in this title shall affect a vessel’s entry into port, in accordance with international law, for reasons of force majeure or distress. - (b) United states obligations under international law— This title shall be interpreted and applied in accordance with United States obligations under international law.