US Codex
Bill
Notes

Title I — Administration and enforcement of certain fishery and related statutes

S. 269 · 113th Congress · Feb 11, 2013 · Lineage

I Administration and enforcement of certain fishery and related statutes

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

(a)
In general—
(1)
Enforcement— The Secretary of Commerce and the Secretary of the department in which the Coast Guard is operating shall enforce the Acts to which this section applies in accordance with the provisions of this section.
(2)
Nondepartmental resources— The Secretary of Commerce 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)
Application— 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)
the Antigua Convention Implementing Act of 2013; and
(M)
any other Act in pari materia, so designated by the Secretary after notice and an opportunity for a hearing.
(b)
Administration and enforcement— The Secretary of Commerce 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 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 each such Act. Except as provided in subsection (c), any person that violates any Act to which this section applies shall be 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 308 through 311 of that Act (16 U.S.C. 1858 through 1861) 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)
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;
(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 which may be 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)
Information collection, maintenance and use—
(A)
In general— The Secretary of Commerce and the head of each department and agency providing personnel for the task force under section 201, to the maximum extent permissible under law, shall share all applicable information, intelligence, and data, related to the harvest, transportation, or trade of fish and fish product for the purposes under section 201(a)(2).
(B)
Coordination of data— The Secretary of Commerce, through the task force under section 201, 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 a member agency of the task force.
(C)
Confidentiality— The Secretary of Commerce, through the task force under section 201, 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 task force.
(D)
Data standardization— The Secretary of Commerce and the head of each department and agency providing personnel for the task force, to the maximum extent practicable, shall develop data standardization for fisheries related data for each member agency of the task force under section 201 and with international fisheries enforcement databases as appropriate.
(E)
Assistance from intelligence community— Upon request of the Secretary of Commerce, 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 task force under section 201 of this Act 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.).
(F)
Information sharing—
(i)
In general— Subject to clause (ii), the Secretary of Commerce, through the task force under section 201, shall have authority to share fisheries-related data with—
(I)
other Federal or State government agencies;
(II)
foreign governments;
(III)
the Food and Agriculture Organization formed at Quebec, Canada, on October 16, 1945; or
(IV)
the secretariat or equivalent of an international fisheries management organization or arrangement made pursuant to an international fishery agreement.
(ii)
Limitations— An entity listed under clause (i) may receive data under this subparagraph if—
(I)
the entity has policies and procedures to safeguard such data from unintended or unauthorized disclosure; and
(II)
the exchange of information is necessary—
(aa)
to ensure compliance with any law (including regulations) enforced or administered by the Secretary of Commerce;
(bb)
to administer or enforce treaties to which the United States is a party;
(cc)
to administer or enforce binding conservation measures adopted by any international organization or arrangement to which the United States is a party;
(dd)
to assist in investigative, judicial, or administrative enforcement proceedings in the United States; or
(ee)
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.
(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— For purposes of this section and each Act to which this section applies, 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 of Commerce 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 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.

“(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 an authorized officer in the conduct of any search, investigation or inspection under this Act.”

(2)
by amending subsection (e) to read as follows:

“(e) Enforcement—This Act shall be enforced under section 101 of the International Fisheries Stewardship and Enforcement Act.”

(c)
North Pacific Anadromous Stocks Act of 1992—
(1)
Unlawful activities— Section 810 of the North 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”; and
(C)
by striking “search or inspection” in paragraph (6) and inserting “search, investigation, or inspection”.
(2)
Administration and enforcement— Section 811 of the North Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 5010) is amended to read as follows:

“811. Administration and enforcement

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

(d)
Pacific Salmon Treaty Act of 1985—
(1)
Section 8 of the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3637) is amended—
(A)
in subsection (a)—
(i)
by striking “search or inspection” in paragraph (2) and inserting “search, investigation, or inspection”; and
(ii)
by striking “search or inspection” in paragraph (3) and inserting “search, investigation, or inspection”; and
(B)
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.”

(2)
Section 16(d)(2)(A) of the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3645(d)(2)(A)) is amended by striking “and” between “2002,” and “2003”.
(e)
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 “a search or inspection” in paragraph (8) and inserting “any search, investigation, or inspection”; and
(B)
by striking “a search or inspection” in paragraph (10)(A) and inserting “any search, investigation, or inspection”.
(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:

“7. Administration and enforcement

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

(f)
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)
in paragraph (3), by striking “which he knows, or reasonably should have known, was”;
(B)
in paragraph (4), by striking “search or inspection” and inserting “search, investigation, or inspection”; and
(C)
in paragraph (5), by striking “search or inspection” and inserting “search, investigation, or inspection”.
(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); and
(B)
in section 310 (16 U.S.C. 2439)—
(i)
by striking subsections (b), (c), and (d);
(ii)
by redesignating subsection (e) as subsection (c); and
(iii)
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.”

(g)
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
(B)
by redesignating subsection (g) as subsection (e).
(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”.
(h)
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)
in the section heading, by striking “AND PENALTIES.” and inserting “AND ENFORCEMENT.”;
(2)
in subsection (a)—
(A)
by striking “search or inspection” in paragraph (2) and inserting “search, investigation, or inspection”; and
(B)
by striking “search or inspection” in paragraph (3) and inserting “search, investigation, or inspection”; and
(3)
by striking subsections (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.”

(i)
Western and Central Pacific Fisheries Convention Implementation Act—
(1)
Administration 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)(2) of the Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6906(a)(2)) is amended by striking “suspension, on” and inserting “suspension of”.
(j)
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 paragraphs (1) through (6) of subsection (a), as subparagraphs (A) through (F), respectively;
(B)
by redesignating subsections (a) and (b) as paragraphs (1) and (2), respectively;
(C)
in paragraph (1)(B), as redesignated, by striking “search or inspection” and inserting “search, investigation, or inspection”; and
(D)
in paragraph (1)(C), as redesignated, by striking “search or inspection described in paragraph (2)” and inserting “search, investigation, or inspection described in subparagraph (B)”.
(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)
Amendment of the High Seas Driftnet Fishing Moratorium Protection Act—
(1)
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 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).”

(2)
Section 609 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j) is amended—
(A)
in subsection (d)(3)(A)(i), by striking “that has not been certified by the Secretary under this subsection, or”; and
(B)
in subsection (e)(3)—
(i)
by striking “and” at the end of subparagraph (B);
(ii)
by striking “agreement.” and inserting “agreement; and”; and
(iii)
by adding at the end the following:

“(D) to the extent possible—

“(i) fishing activities conducted in waters under the jurisdiction of a nation without permission of that nation; and

“(ii) fishing activities conducted in contravention of a nation's laws (including regulations), including fishing activity that has not been reported or that has been misreported to the relevant national authority of a nation in contravention of that nation's laws (including regulations).”

(3)
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”.
(b)
Amendment of the High Seas Driftnet Fisheries Enforcement Act—
(1)
Section 101 of the High Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a) is amended—
(A)
in subsection (a), by striking paragraph (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.”

(B)
in subsection (b)—
(i)
by striking “or illegal, unreported, or unregulated fishing” each place it appears in paragraphs (1) and (2);
(ii)
by striking paragraph (3)(A) and inserting the following:

“(A) Prohibition—The President shall direct the Secretary of the Treasury to prohibit the importation into the United States of fish and fish products and sport fishing equipment (as that term is defined in section 4162 of the Internal Revenue Code of 1986 (26 U.S.C. 4162)) from a nation—

“(i) upon receipt of notification of the identification of the nation under paragraph (1)(A);

“(ii) if the consultations with the government of the nation under paragraph (2) are not satisfactorily concluded within ninety days; or

“(iii) upon receipt of notification of a negative certification under section 609(d)(1) or 610(c)(1) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(d)(1) and 1826k(c)(1)).”

(iii)
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) and 1826k(c)(1)),” after “paragraph (1),” in paragraph (4)(A); and
(iv)
by striking paragraph (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”

(2)
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

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

“(2) has addressed illegal, unreported, or unregulated fishing activities for which a nation has been identified under section 609 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j); or

“(3) has addressed bycatch of a protected living marine resource for which a nation has been identified under section 610 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k).”

Sec. 104 Liability

Any claims arising from the actions of any officer, authorized by the Secretary of Commerce or the Secretary of the department in which the Coast Guard is operating 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.