South Pacific Tuna Treaty Act of 2025
AN ACT
To amend the South Pacific Tuna Act of 1988, and for other purposes.
Sec. 2 Amendment of South Pacific Tuna Act of 1988
Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the South Pacific Tuna Act of 1988 (16 U.S.C. 973 et seq.).
Sec. 3 Definitions
Applicable national law— Section 2(4) (16 U.S.C. 973(4)) is amended by striking “described in paragraph 1(a) of Annex I of” and inserting “noticed and in effect in accordance with”.
Closed Area— Section 2(5) (16 U.S.C. 973(5)) is amended by striking “of the closed areas identified in Schedule 2 of Annex I of” and inserting “area within the jurisdiction of a Pacific Island Party that is closed to vessels pursuant to a national law of that Pacific Island Party and is noticed and in effect in accordance with”.
in subparagraph (C), by inserting “for any purpose” after “harvesting of fish”; and
by amending subparagraph (F) to read as follows:
“(F) use of any other vessel, vehicle, aircraft, or hovercraft, for any activity described in this paragraph except for emergencies involving the health or safety of the crew or the safety of a vessel.”
Fishing vessel— Section 2(7) (16 U.S.C. 973(7)) is amended by striking “commercial fishing” and inserting “commercial purse seine fishing for tuna”.
Licensing Area— Section 2(8) (16 U.S.C. 973(8)) is amended by striking “in the Treaty Area” and all that follows and inserting “under the jurisdiction of a Pacific Island Party, except for internal waters, territorial seas, archipelagic waters, and any Closed Area.”.
by striking paragraphs (10), (13), and (18);
by redesignating paragraphs (11) and (12) as paragraphs (10) and (11), respectively;
by redesignating paragraph (14) as paragraph (12); and
by redesignating paragraphs (15) through (17) as paragraphs (14) through (16), respectively.
Regional terms and conditions— Section 2 (16 U.S.C. 973) is amended by inserting after paragraph (12), as so redesignated, the following:
“(13) The term regional terms and conditions means any of the terms or conditions attached by the Administrator to the license issued by the Administrator, as notified by the Secretary.”
Sec. 4 Prohibited acts
by striking “Except as provided in section 6 of this Act, it” at the beginning and inserting “It”;
by striking paragraphs (3) and (4);
by redesignating paragraphs (5) through (13) as paragraphs (3) through (11), respectively;
in paragraph (3), as so redesignated, by inserting “, except in accordance with an agreement pursuant to the Treaty” after “Closed Area”;
in paragraph (10), as so redesignated, by striking “or” at the end;
in paragraph (11), as so redesignated, by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
“(12) to violate any of the regional terms and conditions; or
“(13) to violate any limit on authorized fishing effort or catch.”
by striking “Except as provided in section 6 of this Act, it” and inserting “It”;
by striking paragraph (5); and
by redesignating paragraphs (6) and (7) as paragraphs (5) and (6), respectively.
Sec. 5 Exceptions
Section 6 (16 U.S.C. 973d) is repealed.
Sec. 6 Criminal offenses
Section 7(a) (16 U.S.C. 973e(a)) is amended by striking “section 5(a) (8), (10), (11), or (12)” and inserting “paragraphs (6), (8), (9), or (10) of section 5(a)”.
Sec. 7 Civil penalties
Determination of liability; amount; participation by secretary of state in assessment proceeding— Section 8(a) (16 U.S.C. 973f(a)) is amended—
by striking “Code” after “liable to the United States”; and
by striking “Except for those acts prohibited by section 5(a) (4), (5), (7), (8), (10), (11), and (12), and section 5(b) (1), (2), (3), and (7) of this Act, the” and inserting “The”.
by striking “section 5(a)(1), (2), (3), (4), (5), (6), (7), (8), (9), or (13)” and inserting “paragraphs (1), (2), (3), (4), (5), (6), (7), (11), (12), or (13) of section 5(a)”; and
in paragraph (2), by striking “, all Limited Areas closed to fishing,” after “outside of the Licensing Area”.
Sec. 8 Licenses
Forwarding and transmittal of vessel license application— Section 9(b) (16 U.S.C. 973g(b)) is amended to read as follows:
“(b) In accordance with subsection (e), and except as provided in subsection (f), the Secretary shall forward a vessel license application to the Administrator whenever such application is in accordance with application procedures established by the Secretary.”
Fees and schedules— Section 9(c) (16 U.S.C. 973g(c)) is amended to read as follows:
“(c) Fees required under the Treaty shall be paid in accordance with the Treaty and any procedures established by the Secretary.”
Minimum fees required To be received in initial year of implementation for forwarding and transmittal of license applications— Section 9 (16 U.S.C. 973g) is amended—
by striking subsection (f);
by redesignating subsections (g) and (h) as subsections (f) and (g), respectively;
by amending subsection (f), as so redesignated, to read as follows:
“(f) The Secretary, in consultation with the Secretary of State, may determine that a license application should not be forwarded to the Administrator if—
“(1) the application is not in accordance with the Treaty or the procedures established by the Secretary; or
“(2) the owner or charterer—
“(A) is the subject of proceedings under the bankruptcy laws of the United States, unless reasonable financial assurances have been provided to the Secretary;
“(B) has not established to the satisfaction of the Secretary that the fishing vessel is fully insured against all risks and liabilities normally provided in maritime liability insurance; or
“(C) has not paid any penalty which has become final, assessed by the Secretary in accordance with this Act.”
in subsection (g), as so redesignated—
by amending paragraph (1) to read as follows:
“(1) chapter 12113 of title 46, United States Code;”
in paragraph (2), by inserting “of 1972” after “Marine Mammal Protection Act”;
in paragraph (3), by inserting “of 1972” after “Marine Mammal Protection Act”; and
in the matter that follows paragraph (3), by striking “any vessel documented” and all that follows and inserting the following:
Sec. 9 Enforcement
Notice requirements to Pacific Island Party concerning institution and outcome of legal proceedings— Section 10(c)(1) (16 U.S.C. 973h(c)(1)) is amended—
by striking “paragraph 8 of Article 4 of”; and
by striking “Article 10 of”.
Searches and seizures by authorized officers; limitations on power— Section 10(d)(1)(A) (16 U.S.C. 973h(d)(1)(A)) is amended—
in clause (ii), by striking “or” at the end; and
in clause (iii), by adding “or” at the end.
Sec. 10 Findings by Secretary
Order To leave waters upon failure To submit to jurisdiction of Pacific Island Party; procedure applicable— Section 11(a) (16 U.S.C. 973i(a)) is amended—
by striking “, all Limited Areas,”;
in paragraph (1)—
in subparagraph (A), by striking “paragraph 2 of Article 3 of”; and
in subparagraph (C), by striking “within the Treaty Area” and inserting “under the jurisdiction”; and
in paragraph (2)—
in subparagraph (A), by striking “section 5 (a)(4), (a)(5), (b)(2), or (b)(3)” and inserting “paragraph (3) of section 5(a) or paragraph (2) or (3) of section 5(b)”;
in subparagraph (B), by striking “(7)” and inserting “(6)”; and
in subparagraph (C), by striking “(7)” and inserting “(5)”.
Order of vessel To leave waters where Pacific Island Party investigating alleged Treaty infringement— Section 11(b) (16 U.S.C. 973i(b)) is amended by striking “paragraph 7 of Article 5 of”.
Sec. 11 Reporting requirements; disclosure of information
Section 12 (16 U.S.C. 973j) is amended to read as follows:
“12. Reporting
“(a) Prohibited disclosure of certain information—Except as provided in subsection (b), the Secretary shall keep confidential and may not disclose the following information (and such information shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code):
“(1) Information provided to the Secretary by the Administrator that the Administrator has designated confidential.
“(2) Information collected by observers.
“(3) Information submitted to the Secretary by any person in compliance with the requirements of this Act.
“(b) Permitted disclosure of certain information—The Secretary may disclose information described in subsection (a)—
“(1) if disclosure is ordered by a court;
“(2) if the information is used by a Federal employee—
“(A) for enforcement; or
“(B) in support of the homeland and national security missions of the Coast Guard as defined in section 888 of the Homeland Security Act of 2002 (6 U.S.C. 468);
“(3) if the information is used by a Federal employee or an employee of the Fishery Management Council for Treaty administration or fishery management and monitoring;
“(4) to the Administrator, in accordance with the requirements of the Treaty and this Act;
“(5) to the secretariat or equivalent of an international fisheries management organization of which the United States is a member, in accordance with the requirements or decisions of such organization, and insofar as possible, in accordance with an agreement that prevents public disclosure of the identity of any person that submits such information;
“(6) if the Secretary has obtained written authorization from the person providing such information, and disclosure does not violate other requirements of this Act; or
“(7) in an aggregate or summary form that does not directly or indirectly disclose the identity of any person that submits such information.
“(c) Savings clause
“(1) In general—Nothing in this section shall be construed to adversely affect the authority of Congress, including a Committee or Member thereof, to obtain any record or information.
“(2) No negative implication—The absence of a provision similar to paragraph (1) in any other provision of law shall not be construed to limit the ability of Congress, including a Committee or Member thereof, to obtain any record or information.”
Sec. 12 Closed Area stowage requirements
Section 13 (16 U.S.C. 973k) is amended by striking “. In particular, the boom shall be lowered” and all that follows and inserting “and in accordance with any requirements established by the Secretary.”.
Sec. 13 Observers
Section 14 (16 U.S.C. 973l) is repealed.
Sec. 14 Technical assistance
Section 15 (16 U.S.C. 973m) is amended to read as follows:
“15. Technical assistance
“The Secretary and the Secretary of State may provide assistance to a Pacific Island Party to benefit such Pacific Island Party from the development of fisheries resources and the operation of fishing vessels that are licensed pursuant to the Treaty, including—
“(1) technical assistance;
“(2) training and capacity building opportunities;
“(3) facilitation of the implementation of private sector activities or partnerships; and
“(4) other activities as determined appropriate by the Secretary and the Secretary of State.”
Sec. 15 Arbitration
Section 16 (16 U.S.C. 973n) is amended—
by striking “Article 6 of” after “arbitral tribunal under”; and
by striking “paragraph 3 of that Article”, and inserting “the Treaty, shall determine the location of the arbitration”.
Sec. 16 Disposition of fees, penalties, forfeitures, and other moneys
Section 17 (16 U.S.C. 973o) is amended by striking “Article 4 of”.
Sec. 17 Additional agreements
Section 18 (16 U.S.C. 973p) is amended by striking “Within 30 days after” and all that follows and inserting “The Secretary may establish procedures for review of any agreements for additional fishing access entered into pursuant to the Treaty.”.