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Code · BILL · 113th Congress · S. 269 (Introduced in Senate) — To establish uniform administrative and enforcement authorities for the enforcement of the High Seas Driftnet Fishing... · Sec. 102

Sec. 102. Conforming, minor, and technical amendments

1,538 words·~7 min read·/bill/113/s/269/is/section-102

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 606 of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826g ) is amended— by inserting
(a)before Detecting, Monitoring, and Preventing Violations .— The President ; and by adding at the end the following: This Act shall be enforced under section 101 of the International Fisheries Stewardship and Enforcement Act . . 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 . Section 609(a) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(a)) is amended to read as follows: 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— such fishing undermines the effectiveness of measures required under the relevant international fishery management organization; 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 there is no international fishery management organization with a mandate to regulate the fishing activity in question. The Secretary shall also identify, and list in the report under section 607, a nation if— 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 it is failing, or has failed at any time during the preceding 3 years, to effectively address or regulate illegal, unreported, or unregulated fishing. 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. . 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. Section 609(d)(2) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(d)(2)) is amended— by striking procedure for certification, and inserting procedure, ; by striking basis of fish and inserting basis, for allowing importation of fish ; and by striking harvesting nation not certified under paragraph
(1)and inserting nation issued a negative certification under paragraph
(1). Section 610(a)(1) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(a)(1)) is amended— by striking calendar year and inserting 3 years ; and by striking practices; and inserting practices— . Section 901 of the Dolphin Protection Consumer Information Act ( 16 U.S.C. 1385 ) is amended— by adding at the end of subsection
(d)the following: 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. and by amending subsection
(e)to read as follows: This Act shall be enforced under section 101 of the International Fisheries Stewardship and Enforcement Act . . Section 810 of the North Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 5009) is amended— by striking purchases in paragraph
(5)and inserting purposes ; by striking search or inspection in paragraph
(5)and inserting search, investigation, or inspection ; and by striking search or inspection in paragraph
(6)and inserting search, investigation, or inspection . Section 811 of the North Pacific Anadromous Stocks Act of 1992 ( 16 U.S.C. 5010 ) is amended to read as follows: This Act shall be enforced under section 101 of the International Fisheries Stewardship and Enforcement Act . . Section 8 of the Pacific Salmon Treaty Act of 1985 ( 16 U.S.C. 3637 ) is amended— in subsection (a)— by striking search or inspection in paragraph
(2)and inserting search, investigation, or inspection ; and by striking search or inspection in paragraph
(3)and inserting search, investigation, or inspection ; and by striking subsections
(b)through
(f)and inserting the following: This Act shall be enforced under section 101 of the International Fisheries Stewardship and Enforcement Act . . 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 . Section 5(a) of the South Pacific Tuna Act of 1988 (16 U.S.C. 973c(a)) is amended— by striking a search or inspection in paragraph
(8)and inserting any search, investigation, or inspection ; and by striking a search or inspection in paragraph (10)(A) and inserting any search, investigation, or inspection . 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: This Act shall be enforced under section 101 of the International Fisheries Stewardship and Enforcement Act . . Section 306 of the Antarctic Marine Living Resources Convention Act (16 U.S.C. 2435) is amended— in paragraph (3), by striking which he knows, or reasonably should have known, was ; in paragraph (4), by striking search or inspection and inserting search, investigation, or inspection ; and in paragraph (5), by striking search or inspection and inserting search, investigation, or inspection . 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. . The Antarctic Marine Living Resources Convention Act (16 U.S.C. 2431 et seq.) is amended— by striking sections 308 and 309 (16 U.S.C. 2437 and 2438); and in section 310 (16 U.S.C. 2439)— by striking subsections (b), (c), and (d); by redesignating subsection
(e)as subsection (c); and by inserting after subsection
(a)the following: This title shall be enforced under section 101 of the International Fisheries Stewardship and Enforcement Act . . Section 7 of the Atlantic Tunas Convention Act of 1975 ( 16 U.S.C. 971e ) is amended— by striking subsections
(e)and (f); and by redesignating subsection
(g)as subsection (e). Section 8 of the Atlantic Tunas Convention Act of 1975 ( 16 U.S.C. 971f ) is amended— by striking subsections
(a)and (c); by striking
(b)in subsection
(b)and inserting International Enforcement .— This Act shall be enforced under section 101 of the ; and International Fisheries Stewardship and Enforcement Act . 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 . Section 207 of the Northwest Atlantic Fisheries Convention Act of 1995 ( 16 U.S.C. 5606 ) is amended— in the section heading, by striking and inserting AND PENALTIES. ; AND ENFORCEMENT. in subsection (a)— by striking search or inspection in paragraph
(2)and inserting search, investigation, or inspection ; and by striking search or inspection in paragraph
(3)and inserting search, investigation, or inspection ; and by striking subsections
(b)through
(f)and inserting the following: This title shall be enforced under section 101 of the International Fisheries Stewardship and Enforcement Act . . 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: This title shall be enforced under section 101 of the International Fisheries Stewardship and Enforcement Act . . 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 . Section 7 of the Northern Pacific Halibut Act of 1982 (16 U.S.C. 773e) is amended— by redesignating paragraphs
(1)through
(6)of subsection (a), as subparagraphs
(A)through (F), respectively; by redesignating subsections
(a)and
(b)as paragraphs
(1)and (2), respectively; in paragraph (1)(B), as redesignated, by striking search or inspection and inserting search, investigation, or inspection ; and 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). The Northern Pacific Halibut Act of 1982 (16 U.S.C. 773 et seq.) is amended— by striking sections 3, 9, and 10 ( 16 U.S.C. 773f , 773g, and 773h); and by striking subsections
(b)through
(f)of section 11 ( 16 U.S.C. 773i ) and inserting the following: This Act shall be enforced under section 101 of the International Fisheries Stewardship and Enforcement Act . .
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