Sec. 101. AMENDMENTS TO THE HIGH SEAS DRIFTNET FISHING MORATORIUM PROTECTION ACT

2,925 words·~13 min read·/statute-compilations/comps-11713/sec-101

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

## SEC. 101 AMENDMENTS TO THE HIGH SEAS DRIFTNET FISHING MORATORIUM PROTECTION ACT ###

(a)Administration and Enforcement ####

(1)In General 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 Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971 et seq.); > > > #### “(6) > > the Northwest Atlantic Fisheries Convention Act of 1995 (16 U.S.C. 5601 et seq.); > > > #### “(7) > > the Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6901 et seq.); and > > > #### “(8) > > the Antigua Convention Implementing Act of 2015. > > > ### “(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) 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), 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. > > > #### “(2) Disclosure of enforcement information > > > ##### “(A) In general > > The 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.) 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— > > > ###### “(i) > > such government, organization, or arrangement has policies and procedures to protect such information from unintended or unauthorized disclosure; and > > > ###### “(ii) > > 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 fisheries management organization (as that term is defined by the United Nation’s Food and Agriculture Organization Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing) of which the United States is a member, 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. > > > ##### “(B) Data confidentiality provisions not applicable > > The data confidentiality provisions of section 402 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881a) shall not apply with respect to this Act with respect to— > > > ###### “(i) > > any obligation of the United States to share information under a regional fisheries management organization (as that term is defined by the United Nation’s Food and Agriculture Organization Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing) of which the United States is a member; or > > > ###### “(ii) > > any information collected by the Secretary regarding foreign vessels. > > > ### “(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; > > > #### “(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; 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.—” > . ####

(2)Conforming amendment Section 308(a) of the Antarctic Marine Living Resources Convention Act of 1984 (16 U.S.C. 2437(a)) is amended to read as follows: > > ### “(a) In general > > Any person who commits an act that is unlawful under section 306 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).” > . ###

(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 > > > #### “(1) In general > > The Secretary, subject to the data confidentiality provisions in section 402 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881a) except as provided in paragraph (2), 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. > > > #### “(2) Exceptions > > The data confidentiality provisions in section 402 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881a) shall not apply with respect to this Act— > > > ##### “(A) > > for obligations of the United States to share information under a regional fisheries management organization (as that term is defined by the United Nation’s Food and Agriculture Organization Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing) of which the United States is a member; or > > > ##### “(B) > > to any information collected by the Secretary regarding foreign vessels. > > > ### “(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)— ######

(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 ves-sels.—” > ; and #####

(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 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; 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 inserting “3 years”. ###

(h)Authorization of Appropriations There is authorized to be appropriated to the Secretary of Commerce $450,000 for each of fiscal years 2016 through 2020 to implement the amendments made by subsections

(b)and (g). ###

(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)(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” > .

Connectionstraces to 18

Traces to 18 documents

U.S. Code