,,ib ,union ,calendar ,no4 #eaf #aacth ,,congress #b;d ,session ,h4 ,r4 #fi ,report ,no4 #aac-fhe ,,in ,,the ,,house ,,of ,,representatives ,january #c1 #bjac ,ms4 ,bordallo 7for herself1 ,mr4 ,markey1 ,mr4 ,pierluisi1 ,mr4 ,sablan1 and ,mrs4 ,christensen7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,december #bb1 #bjad ,additional sponsors3 ,mr4 ,farr1 ,mr4 ,grimm1 ,mr4 ,faleomavaega1 ,ms4 ,hanabusa1 ,mr4 ,blumenauer1 ,mr4 ,huffman1 ,mrs4 ,capps1 ,mr4 ,lowenthal1 ,mr4 ,schiff1 ,mr4 ,thompson of ,california1 ,ms4 ,lee of ,california1 and ,mr4 ,keating ,december #bb1 #bjad ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed ,strike out all after the enacting clause and insert the part printed in italic ,for text of introduced bill1 see copy of bill as introduced on ,january #c1 #bjac ,a ,,bill ,to strengthen enforcement mechanisms to stop illegal1 unreported1 and unregulated fishing1 to amend the ,tuna ,conventions ,act of #aiej to implement the ,antigua ,convention1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,illegal1 ,unreported1 and ,unregulated ,fishing ,enforcement ,act of #bjad4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,table of contents4 ,title ,i--,strengthening ,fisheries ,enforcement ,mechanisms ,sec4 #aja4 ,amendments to the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act4 ,sec4 #ajb4 ,amendments to the ,high ,seas ,driftnet ,fisheries ,enforcement ,act4 ,sec4 #ajc4 ,amendments to ,north ,pacific ,anadromous ,stocks ,act of #aiib4 ,sec4 #ajd4 ,amendments to the ,pacific ,salmon ,treaty ,act of #aihe4 ,sec4 #aje4 ,amendments to the ,western and ,central ,pacific ,fisheries ,convention ,implementation ,act4 ,sec4 #ajf4 ,amendments to the ,south ,pacific ,tuna ,act of #aihh4 ,sec4 #ajg4 ,amendments to the ,antarctic ,marine ,living ,resources ,convention ,act4 ,sec4 #ajh4 ,amendments to the ,atlantic ,tunas ,convention ,act4 ,sec4 #aji4 ,amendments to the ,high ,seas ,fishing ,compliance ,act of #aife4 ,sec4 #aaj4 ,amendments to the ,dolphin ,protection ,consumer ,information ,act4 ,sec4 #aaa4 ,amendments to the ,northern ,pacific ,halibut ,act of #aihb4 ,sec4 #aab4 ,amendments to the ,northwest ,atlantic ,fisheries ,convention ,act of #aiie4 ,sec4 #aac4 ,amendment to the ,magnuson-,stevens ,fishery ,conservation and ,management ,act4 ,title ,,ii--,implementation of the ,antigua ,convention ,sec4 #bja4 ,short title4 ,sec4 #bjb4 ,amendment of the ,tuna ,conventions ,act of #aiej4 ,sec4 #bjc4 ,definitions4 ,sec4 #bjd4 ,commissioners2 number1 appointment1 and qualifications4 ,sec4 #bje4 ,general ,advisory ,committee and ,scientific ,advisory ,subcommittee4 ,sec4 #bjf4 ,rulemaking4 ,sec4 #bjg4 ,prohibited acts4 ,sec4 #bjh4 ,enforcement4 ,sec4 #bji4 ,reduction of bycatch4 ,sec4 #baj4 ,repeal of ,eastern ,pacific ,tuna ,licensing ,act of #aihd4 ,title ,,iii--,agreement on ,port ,state ,measures to ,prevent1 ,deter and ,eliminate ,illegal1 ,unreported and ,unregulated ,fishing ,sec4 #cja4 ,short title4 ,sec4 #cjb4 ,purpose4 ,sec4 #cjc4 ,definitions4 ,sec4 #cjd4 ,duties and authorities of the secretary4 ,sec4 #cje4 ,authorization or denial of port entry4 ,sec4 #cjf4 ,inspections4 ,sec4 #cjg4 ,prohibited acts4 ,sec4 #cjh4 ,enforcement4 ,sec4 #cji4 ,international cooperation and assistance4 ,sec4 #caj4 ,relationship to other laws4 ,i ,strengthening ,fisheries ,enforcement ,mechanisms #aja4 ,amendments to the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7a7 ,administration and enforcement ,section #fjf of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;g7 is amended by inserting before the first sentence the following3 7a7 ,in general ,the ,secretary and the ,secretary of the department in which the ,coast ,guard is operating shall enforce this ,act1 and the ,acts to which this section applies1 in accordance with this section4 ,each such ,secretary may1 by agreement1 on a reimbursable basis or otherwise1 utilize the personnel services1 equipment 7including aircraft and vessels71 and facilities of any other ,federal agency1 and of any ,state agency1 in the performance of such duties4 7b7 ,acts to which section applies ,this section applies to-- 7#a7 the ,pacific ,salmon ,treaty ,act of #aihe 7#af ,u4,s4,c4 #cfca et seq472 7#b7 the ,dolphin ,protection ,consumer ,information ,act 7#af ,u4,s4,c4 #ache72 7#c7 the ,tuna ,conventions ,act of #aiej 7#af ,u4,s4,c4 #iea et seq472 7#d7 the ,north ,pacific ,anadromous ,stocks ,act of #aiib 7#af ,u4,s4,c4 #ejja et seq472 7#e7 the ,south ,pacific ,tuna ,act of #aihh 7#af ,u4,s4,c4 #igc et seq472 7#f7 the ,antarctic ,marine ,living ,resources ,convention ,act of #aihd 7#af ,u4,s4,c4 #bdca et seq472 7#g7 the ,atlantic ,tunas ,convention ,act of #aige 7#af ,u4,s4,c4 #iga et seq472 7#h7 the ,northwest ,atlantic ,fisheries ,convention ,act of #aiie 7#af ,u4,s4,c4 #efja et seq472 7#i7 the ,western and ,central ,pacific ,fisheries ,convention ,implementation ,act 7#af ,u4,s4,c4 #fija et seq472 and 7#aj7 the ,north ,pacific ,halibut ,act of #aihb 7#af ,u4,s4,c4 #ggc;a et seq474 7c7 ,administration and enforcement 7#a7 ,in general ,the ,secretary shall prevent any person from violating this ,act1 or any ,act to which this section applies1 in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though sections #cjh through #caa of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #aheh through #ahfa7 were incorporated into and made a part of and applicable to this ,act and each such ,act4 7#b7 ,international cooperation ,the ,secretary may1 subject to appropriations and in the course of carrying out the ,secretary's responsibilities under the ,acts to which this section applies1 engage in international cooperation to help other nations combat illegal1 unreported1 and unregulated fishing and achieve sustainable fisheries4 7d7 ,special rules 7#a7 ,additional enforcement authority ,in addition to the powers of officers authorized pursuant to subsection 7c71 any officer who is authorized by the ,secretary1 or the head of any ,federal or ,state agency that has entered into an agreement with the ,secretary under subsection 7a71 may enforce the provisions of any ,act to which this section applies1 with the same jurisdiction1 powers1 and duties as though section #caa of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahfa7 were incorporated into and made a part of each such ,act4 7#b7 ,disclosure of enforcement information ,the ,secretary1 subject to the data confidentiality provisions in section #djb of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahha;a71 may disclose1 as necessary and appropriate1 information1 including information collected under joint authority of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq47 and the ,atlantic ,tunas ,convention ,act of #aige 7#af ,u4,s4,c4 #ga et seq47 or the ,western and ,central ,pacific ,fisheries ,convention ,implementation ,act 7#af ,u4,s4,c4 #fija et seq47 or other statutes implementing international fishery agreements1 to any other ,federal or ,state government agency1 the ,food and ,agriculture ,organization of the ,united ,nations1 the secretariat or equivalent of an international fishery management organization or arrangement made pursuant to an international fishery agreement1 or a foreign government1 if-- 7,a7 such government1 organization1 or arrangement has policies and procedures to protect such information from unintended or unauthorized disclosure2 and 7,b7 such disclosure is necessary-- 7i7 to ensure compliance with any law or regulation enforced or administered by the ,secretary2 7ii7 to administer or enforce any international fishery agreement to which the ,united ,states is a party2 7iii7 to administer or enforce a binding conservation measure adopted by any international organization or arrangement to which the ,united ,states is a party2 7iv7 to assist in any investigative1 judicial1 or administrative enforcement proceeding in the ,united ,states2 or 7v7 to assist in any law enforcement action undertaken by a law enforcement agency of a foreign government1 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 of1 or the ,secretary has determined that the enforcement action is consistent with the requirements under ,federal law for enforcement actions with respect to illegal1 unreported1 and unregulated fishing4 7e7 ,prohibited acts ,it is unlawful for any person-- 7#a7 to violate any provision of this ,act or any regulation or permit issued pursuant to this ,act2 7#b7 to refuse to permit any officer authorized to enforce the provisions of this ,act to board1 search1 or inspect a vessel1 subject to such person's control for the purposes of conducting any search1 investigation1 or inspection in connection with the enforcement of this ,act1 any regulation promulgated under this ,act1 or any ,act to which this section applies2 7#c7 to forcibly assault1 resist1 oppose1 impede1 intimidate1 or interfere with any such authorized officer in the conduct of any search1 investigation1 or inspection described in paragraph 7#b72 7#d7 to resist a lawful arrest for any act prohibited by this section or any ,act to which this section applies2 7#e7 to interfere with1 delay1 or prevent1 by any means1 the apprehension1 arrest1 or detection of an other person1 knowing that such person has committed any act prohibited by this section or any ,act to which this section applies2 or 7#f7 to forcibly assault1 resist1 oppose1 impede1 intimidate1 sexually harass1 bribe1 or interfere with-- 7,a7 any observer on a vessel under this ,act or any ,act to which this section applies2 or 7,b7 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 applies4 7f7 ,civil penalty ,any person who commits any act that is unlawful under subsection 7e7 shall be liable to the ,united ,states for a civil penalty1 and may be subject to a permit sanction1 under section #cjh of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #aheh74 7g7 ,criminal penalty ,any person who commits an act that is unlawful under subsection 7e77#b71 7e77#c71 7e77#d71 7e77#e71 or 7e77#f7 is deemed to be guilty of an offense punishable under section #cji7;b7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahei7;b774 7h7 ,utilization of ,federal agency assets 4 7b7 ,actions ,to improve the effectiveness of international fishery management organizations ,section #fjh of such ,act 7#af ,u4,s4,c4 #ahbf;i7 is amended by-- 7#a7 inserting before the first sentence the following3 7a7 ,in general4--2 7#b7 in subsection 7a7 7as designated by paragraph 7#a7 of this subsection7 in the first sentence1 inserting 1 or arrangements made pursuant to an international fishery agreement1 after organizations2 and 7#c7 adding at the end the following new subsections3 7b7 ,disclosure of information ,the ,secretary1 subject to the data confidentiality provisions in section #djb of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahha;a71 may disclose1 as necessary and appropriate1 information1 including information collected under joint authority of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq47 and the ,atlantic ,tunas ,convention ,act of #aige 7#af ,u4,s4,c4 #ga et seq471 the ,western and ,central ,pacific ,fisheries ,convention ,implementation ,act 7#af ,u4,s4,c4 #fija et seq471 any other statute implementing an international fishery agreement1 to any other ,federal or ,state government agency1 the ,food and ,agriculture ,organization of the ,united ,nations1 or the secretariat or equivalent of an international fishery management organization or arrangement made pursuant to an international fishery agreement1 if such government1 organization1 or arrangement1 respectively1 has policies and procedures to protect such information from unintended or unauthorized disclosure4 7c7 ,,iuu vessel lists ,the ,secretary may-- 7#a7 develop1 maintain1 and make public a list of vessels and vessel owners engaged in illegal1 unreported1 or unregulated fishing or fishing-related activities in support of illegal1 unreported1 or unregulated fishing1 including vessels or vessel owners identified by an international fishery management organization or arrangement made pursuant to an international fishery agreement1 that-- 7,a7 the ,united ,states is party to2 or 7,b7 the ,united ,states is not party to1 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 party2 and 7#b7 take appropriate action against listed vessels and vessel owners1 including action against fish1 fish parts1 or fish products from such vessels1 in accordance with applicable ,united ,states law and consistent with applicable international law1 including principles1 rights1 and obligations established in applicable international fishery management agreements and trade agreements4 7d7 ,regulations ,the ,secretary may promulgate regulations to implement this section4 4 7c7 ,notification regarding identification of nations ,section #fji7;b7 of such ,act 7#aff ,u4,s4,c4 #ahbf;j7b77 is amended to read as follows3 7b7 ,notification ,the ,secretary shall notify the ,president and that nation of such an identification4 4 7d7 ,nations identified under section #faj ,section #faj7;b77#a7 of such ,act 7#af ,u4,s4,c4 #ahbfk7b77#a77 is amended to read as follows3 7#a7 notify1 as soon as possible1 the ,president and nations that have been identified under subsection 7a71 and also notify other nations whose vessels engage in fishing activities or practices described in subsection 7a71 about the provisions of this section and this ,act2 4 7e7 ,effect of certification under section #fji ,section #fji7;d77#c77;,a77i7 of such ,act 7#af ,u4,s4,c4 #ahbf;j7d77#c77;,a77i77 is amended by striking that has not been certified by the ,secretary under this subsection1 or4 7f7 ,effect of certification under section #faj ,section #faj7;c77#e7 of such ,act 7#af ,u4,s4,c4 #ahbfk7c77#e77 is amended by striking that has not been certified by the ,secretary under this subsection1 or4 7g7 ,identification of nations 7#a7 ,scope of identification for actions of fishing vessels ,section #fji7;a7 of such ,act 7#af ,u4,s4,c4 #ahbf;j7a77 is amended-- 7,a7 in the matter preceding paragraph 7#a7-- 7i7 by inserting 1 based on a cumulative compilation and analysis of data collected and provided by international fishery management organizations and other nations and organizations1 after shall2 and 7ii7 by striking #b years and inserting #c years2 7,b7 in paragraph 7#a71 by inserting that undermines the effectiveness of measures required by an international fishery management organization1 taking into account whether after 7#a72 and 7,c7 in paragraph 7#a71 by striking vessels of4 7#b7 ,additional grounds for identification ,section #fji7;a7 of such ,act 7#af ,u4,s4,c4 #ahbf;j7a77 is further amended-- 7,a7 by redesignating paragraphs 7#a7 and 7#b7 in order as subparagraphs 7,a7 and 7,b7 7and by moving the margins of such subparagraphs #b ems to the right72 7,b7 by inserting before the first sentence the following3 7#a7 ,identification for actions of fishing vessels 2 and 7,c7 by adding at the end the following3 7#b7 ,identification for actions of nation ,taking into account the factors described under section #fji7;a77#a71 the ,secretary shall also identify1 and list in such report1 a nation-- 7,a7 if it is violating1 or has violated at any point during the preceding three years1 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 measures2 or 7,b7 if it is failing1 or has failed in the preceding #c-year period1 to effectively address or regulate illegal1 unreported1 or unregulated fishing in areas described under paragraph 7#a77;,b74 7#c7 ,application to other entities ,where the provisions of this ,act are applicable to nations1 they shall also be applicable1 as appropriate1 to other entities that have competency to enter into international fishery management agreements4 4 7#c7 ,period of fishing practices supporting identification ,section #faj7;a77#a7 of such ,act 7#af ,u4,s4,c4 #ahbfk7a77#a77 is amended by striking calendar year and inserting three years4 7h7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary of ,commerce #dej1jjj for each of fiscal years #bjae through #bjai to implement the amendments made by subsections 7b7 and 7g74 7i7 ,technical corrections 7#a7 ,section #fjg7b7 of such ,act 7#af ,u4,s4,c4 #ahbf;h7#b77 is amended by striking whose vessels and inserting that4 7#b7 ,section #fji7;d77#a7 of such ,act 7#af ,u4,s4,c4 #ahbf;j7d77#a77 is amended by striking of its fishing vessels4 7#c7 ,section #fji7;d77#a77;,a7 of such ,act 7#af ,u4,s4,c4 #ahbf;j7d77#a77;,a77 is amended by striking of its fishing vessels4 7#d7 ,section #fji7;d77#b7 of such ,act 7#af ,u4,s4,c4 #ahbf;j7d77#b77 is amended-- 7,a7 by striking for certification and inserting to authorize2 7,b7 by inserting the importation after or other basis2 7,c7 by striking harvesting2 and 7,d7 by striking not certified under paragraph 7#a7 and inserting issued a negative certification under paragraph 7#a74 7#e7 ,section #faj of such ,act 7#af ,u4,s4,c4 #ahbfk7 is amended as follows3 7,a7 ,in subsection 7a77#a71 by striking practices2 and inserting practices--4 7,b7 ,in subsection 7c77#d71 by striking all preceding subparagraph 7,b7 and inserting the following3 7#d7 ,alternative procedure ,the ,secretary may establish a procedure to authorize1 on a shipment-by-shipment1 shipper-by-shipper1 or other basis the importation of fish or fish products from a vessel of a nation issued a negative certification under paragraph 7#a7 if the ,secretary determines that such imports were harvested by practices that do not result in bycatch of a protected marine species1 or were harvested by practices that-- 7,a7 are comparable to those of the ,united ,states1 taking into account different conditions2 and 4 #ajb4 ,amendments to the ,high ,seas ,driftnet ,fisheries ,enforcement ,act 7a7 ,negative certification effects ,section #aja of the ,high ,seas ,driftnet ,fisheries ,enforcement ,act 7#af ,u4,s4,c4 #ahbf;a7 is amended-- 7#a7 in subsection 7a77#b71 by striking recognized principles of after in accordance with2 7#b7 in subsection 7a77#b77;,a71 by inserting or1 as appropriate1 for fishing vessels of a nation that receives a negative certification under section #fji7;d7 or section #faj7;c7 of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf7 after 7#a72 7#c7 in subsection 7a77#b77;,b71 by inserting before the period the following3 1 except for the purposes of inspecting such vessel1 conducting an investigation1 or taking other appropriate enforcement action2 7#d7 in subsection 7b77#a77;,a77i71 by striking or illegal1 unreported1 or unregulated fishing after driftnet fishing2 7#e7 in subsection 7b77#a77;,b7 and subsection 7b77#b71 by striking or illegal1 unreported1 or unregulated fishing after driftnet fishing each place it appears2 7#f7 in subsection 7b77#c77;,a77i71 by inserting or a negative certification under section #fji7;d7 or section #faj7;c7 of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;j7d71 #ahbfk7c77 after 7#a77;,a72 7#g7 in subsection 7b77#d77;,a71 by inserting or issues a negative certification under section #fji7;d7 or section #faj7;c7 of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;j7d71 #ahbfk7c77 after paragraph 7#a72 7#h7 in subsection 7b77#d77;,a77i71 by striking or illegal1 unreported1 or unregulated fishing after driftnet fishing2 and 7#i7 in subsection 7b77#d77;,a77i71 by inserting 1 or to address the offending activities for which a nation received a negative certification under section #fji7;d7 or #faj7;c7 of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;j7d71 #ahbfk7c77 after beyond the exclusive economic zone of any nation4 7b7 ,duration of negative certification effects ,section #ajb of such ,act 7#af ,u4,s4,c4 #ahbf;b7 is amended by-- 7#a7 striking or illegal1 unreported1 or unregulated fishing2 and 7#b7 inserting or effectively addressed the offending activities for which the nation received a negative certification under #fji7;d7 or #faj7;c7 of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;j7d71 #ahbfk7c77 before the period at the end4 #ajc4 ,amendments to ,north ,pacific ,anadromous ,stocks ,act of #aiib 7a7 ,unlawful activities ,section #haj of the ,north ,pacific ,anadromous ,stocks ,act of #aiib 7#af ,u4,s4,c4 #ejji7 is amended-- 7#a7 in paragraph 7#e71 by inserting 1 investigation1 after search2 and 7#b7 in paragraph 7#f71 by inserting 1 investigation1 after search4 7b7 ,additional prohibitions and enforcement ,section #haa of the ,northern ,pacific ,anadromous ,stocks ,act of #aiib 7#af ,u4,s4,c4 #ejaj7 is amended to read as follows3 #haa4 ,additional prohibitions and enforcement ,for additional prohibitions relating to this ,act and enforcement of this ,act1 see section #fjf of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;g74 4 #ajd4 ,amendments to the ,pacific ,salmon ,treaty ,act of #aihe ,section #h of the ,pacific ,salmon ,treaty ,act of #aihe 7#af ,u4,s4,c4 #cfcg7 is amended-- 7#a7 in subsection 7a77#b7-- 7,a7 by inserting 1 investigation1 after search2 and 7,b7 by striking this title2 and inserting this ,act22 7#b7 in subsection 7a77#c7-- 7,a7 by inserting 1 investigation1 after search2 and 7,b7 by striking subparagraph 7#b72 and inserting paragraph 7#b722 7#c7 in subsection 7a77#e71 by striking this title2 or and inserting this ,act22 and 7#d7 by striking subsections 7b7 through 7f7 and inserting the following3 7b7 ,additional prohibitions and enforcement ,for additional prohibitions relating to this ,act and enforcement of this ,act1 see section #fjf of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;g74 4 #aje4 ,amendments to the ,western and ,central ,pacific ,fisheries ,convention ,implementation ,act ,the ,western and ,central ,pacific ,fisheries ,convention ,implementation ,act 7title ,v of ,public ,law #aji-dgi7 is amended-- 7#a7 by amending section #ejf7;c7 7#af ,u4,s4,c4 #fije7;c77 to read as follows3 7c7 ,additional prohibitions and enforcement ,for additional prohibitions relating to this ,act and enforcement of this ,act1 see section #fjf of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;g74 2 and 7#b7 in section #ejg7;a77#b7 7#af ,u4,s4,c4 #fijf7;a77#b77 by striking suspension1 on and inserting suspension1 of4 #ajf4 ,amendments to the ,south ,pacific ,tuna ,act of #aihh ,the ,south ,pacific ,tuna ,act of #aihh is amended-- 7#a7 in section #e7;a7 7#af ,u4,s4,c4 #igc;c7a77-- 7,a7 in paragraph 7#h71 by inserting 1 investigation1 after search2 and 7,b7 in paragraph 7#aj71 by inserting 1 investigation1 after search2 and 7#b7 by striking sections #g and #h 7#af ,u4,s4,c4 #igc;e and #igc;f7 and inserting the following3 #g4 ,additional prohibitions and enforcement ,for additional prohibitions relating to this ,act and enforcement of this ,act1 see section #fjf of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;g74 4 #ajg4 ,amendments to the ,antarctic ,marine ,living ,resources ,convention ,act ,the ,antarctic ,marine ,living ,resources ,convention ,act of #aihd is amended-- 7#a7 in section #cjf 7#af ,u4,s4,c4 #bdce7-- 7,a7 in paragraph 7#c71 by striking which he knows1 or reasonably should have known1 was2 7,b7 in paragraph 7#d71 by inserting 1 investigation1 after search2 and 7,c7 in paragraph 7#e71 by inserting 1 investigation1 after search2 7#b7 in section #cjg 7#af ,u4,s4,c4 #bdcf7-- 7,a7 by inserting 7a7 ,in general4-- before the first sentence2 and 7,b7 by adding at the end the following3 7b7 ,regulations ,to implement conservation measures 7#a7 ,in general ,notwithstanding subsections 7b71 7c71 and 7d7 of section #eec of title #e1 ,united ,states ,code1 the ,secretary of ,commerce may publish in the ,federal ,register a final regulation to implement any conservation measure for which the ,secretary of ,state notifies the ,commission under section #cje7;a77#a7-- 7,a7 that has been in effect for #ab months or less2 7,b7 that is adopted by the ,commission2 and 7,c7 with respect to which the ,secretary of ,state does not notify ,commission in accordance with section #cje7;a77#a7 within the time period allotted for objections under ,article ,,ix of the ,convention4 7#b7 ,entering into force ,upon publication of such regulation in the ,federal ,register1 such conservation measure shall enter into force with respect to the ,united ,states4 2 and 7#c7 by striking sections #cjh and #cji 7#af ,u4,s4,c4 #bdcg and #bdch7 and inserting the following3 #cjh4 ,additional prohibitions and enforcement ,for additional prohibitions relating to this ,act and enforcement of this ,act1 see section #fjf of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;g74 4 #ajh4 ,amendments to the ,atlantic ,tunas ,convention ,act ,the ,atlantic ,tunas ,convention ,act of #aige is amended-- 7#a7 in section #f7;c77#b7 7#af ,u4,s4,c4 #iga;d7c77#b77b77-- 7,a7 by striking 7,a7 and inserting 7i72 7,b7 by striking 7,b7 and inserting 7ii72 7,c7 by inserting 7,a7 after 7#b72 and 7,d7 by adding at the end the following3 7,b7 ,notwithstanding the requirements of subparagraph 7,a7 and subsections 7b7 and 7c7 of section #eec of title #e1 ,united ,states ,code1 the ,secretary may issue final regulations to implement ,commission recommendations referred to in paragraph 7#a7 concerning trade restrictive measures against nations or fishing entities4 2 7#b7 in section #g 7#af ,u4,s4,c4 #iga;e7 by striking subsections 7e7 and 7f7 and redesignating subsection 7g7 as subsection 7e72 7#c7 in section #h 7#af ,u4,s4,c4 #iga;f7-- 7,a7 by striking subsections 7a7 and 7c72 and 7,b7 by inserting before subsection 7b7 the following3 7a7 ,for additional prohibitions relating to this ,act and enforcement of this ,act1 see section #fjf of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;g74 2 7#d7 in section #h7;b7 by striking the enforcement activities specified in section #h7;a7 of this ,act each place it appears and inserting enforcement activities with respect to this ,act that are otherwise authorized by law2 and 7#e7 by striking section #aa 7#af ,u4,s4,c4 #iga;j7 and redesignating sections #ab and #ac as sections #aa and #ab1 respectively4 #aji4 ,amendments to the ,high ,seas ,fishing ,compliance ,act of #aife ,section #ajd7;f7 of the ,high ,seas ,fishing ,compliance ,act of #aiie 7#af ,u4,s4,c4 #eejc7;f77 is amended to read as follows3 7f7 ,validity ,a permit issued under this section for a vessel is void if-- 7#a7 any other permit or authorization required for the vessel to fish is expired1 revoked1 or suspended2 or 7#b7 the vessel is no longer documented under the laws of the ,united ,states or eligible for such documentation4 4 #aaj4 ,amendments to the ,dolphin ,protection ,consumer ,information ,act ,the ,dolphin ,protection ,consumer ,information ,act 7#af ,u4,s4,c4 #ache7 is amended by amending subsection 7e7 to read as follows3 7e7 ,additional prohibitions and enforcement ,for additional prohibitions relating to this ,act and enforcement of this ,act1 see section #fjf of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;g74 4 #aaa4 ,amendments to the ,northern ,pacific ,halibut ,act of #aihb ,section #g of the ,northern ,pacific ,halibut ,act of #aihb 7#af ,u4,s4,c4 #ggc;e7 is amended-- 7#a7 in paragraph 7a7 by redesignating paragraphs 7#a7 through 7#f7 as subparagraphs 7,a7 through 7,f72 7#b7 by redesignating subsections 7a7 and 7b7 as paragraphs 7#a7 and 7#b71 respectively2 7#c7 in paragraph 7#a77;,b71 as so redesignated1 by inserting 1 investigation1 before or inspection2 7#d7 in paragraph 7#a77;,c71 as so redesignated1 by inserting 1 investigation1 before or inspection2 7#e7 in paragraph 7#a77;,e71 as so redesignated1 by striking or after the semicolon2 and 7#f7 in paragraph 7#a77;,f71 as so redesignated1 by striking section4 and inserting section2 or4 #aab4 ,amendments to the ,northwest ,atlantic ,fisheries ,convention ,act of #aiie ,section #bjg of the ,northwest ,atlantic ,fisheries ,convention ,act of #aiie 7#af ,u4,s4,c4 #efjf7 is amended-- 7#a7 in the section heading1 by striking and penalties and inserting and enforcement2 7#b7 in subsection 7a77#b71 by inserting 1 investigation1 before or inspection2 7#c7 in subsection 7a77#c71 by inserting 1 investigation1 before or inspection2 and 7#d7 by striking subsections 7b7 through 7f7 and inserting the following3 7b7 ,additional prohibitions and enforcement ,for additional prohibitions relating to this ,act and enforcement of this ,act1 see section #fjf of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;g74 4 #aac4 ,amendment to the ,magnuson-,stevens ,fishery ,conservation and ,management ,act ,section #cjg7a77,q7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #aheg7a77,q77 is amended by inserting before the semicolon the following3 or any treaty or in contravention of any binding conservation measure adopted by an international agreement or organization to which the ,united ,states is a party4 ,,ii ,implementation of the ,antigua ,convention #bja4 ,short title ,this title may be cited as the ,antigua ,convention ,implementing ,act of #bjaa4 #bjb4 ,amendment of the ,tuna ,conventions ,act of #aiej ,except as otherwise expressly provided1 whenever in this title an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of the ,tuna ,conventions ,act of #aiej 7#af ,u4,s4,c4 #iea et seq474 #bjc4 ,definitions ,section #b 7#af ,u4,s4,c4 #iea7 is amended to read as follows3 #b4 ,definitions ,in this ,act3 7#a7 ,antigua convention ,the term ,antigua ,convention means the ,convention for the ,strengthening of the ,inter-,american ,tropical ,tuna ,commission ,established by the #aidi ,convention ,between the ,united ,states of ,america and the ,republic of ,costa ,rica1 signed at ,washington1 ,november #ad1 #bjjc4 7#b7 ,commission ,the term ,commission means the ,inter-,american ,tropical ,tuna ,commission provided for by the ,convention4 7#c7 ,convention ,the term ,convention means-- 7,a7 the ,convention for the ,establishment of an ,inter-,american ,tropical ,tuna ,commission1 signed at ,washington1 ,may #ca1 #aidi1 by the ,united ,states of ,america and the ,republic of ,costa ,rica2 7,b7 the ,antigua ,convention1 upon its entry into force for the ,united ,states1 and any amendments thereto that are in force for the ,united ,states2 or 7,c7 both such ,conventions1 as the context requires4 7#d7 ,person ,the term person means an individual1 partnership1 corporation1 or association subject to the jurisdiction of the ,united ,states4 7#e7 ,united states ,the term ,united ,states includes all areas under the sovereignty of the ,united ,states4 7#f7 ,united ,states commissioners ,the term ,united ,states commissioners means the individuals appointed in accordance with section #c7;a74 4 #bjd4 ,commissioners2 number1 appointment1 and qualifications ,section #c 7#af ,u4,s4,c4 #ieb7 is amended to read as follows3 #c4 ,commissioners 7a7 ,commissioners ,the ,united ,states shall be represented on the ,commission by #d ,united ,states ,commissioners4 ,the ,president shall appoint individuals to serve on the ,commission at the pleasure of the ,president4 ,in making the appointments1 the ,president shall select ,united ,states ,commissioners from among individuals who are knowledgeable or experienced concerning highly migratory fish stocks in the eastern tropical ,pacific ,ocean1 one of whom shall be an officer or employee of the ,department of ,commerce4 ,not more than #b ,united ,states ,commissioners may be appointed who reside in a ,state other than a ,state whose vessels maintain a substantial fishery in the area of the ,convention4 7b7 ,alternate ,commissioners ,the ,secretary of ,state1 in consultation with the ,secretary1 may designate from time to time and for periods of time deemed appropriate ,alternate ,united ,states ,commissioners to the ,commission4 ,any ,alternate ,united ,states ,commissioner may exercise1 at any meeting of the ,commission or of the ,general ,advisory ,committee or ,scientific ,advisory ,subcommittee established pursuant to section #d7;b71 all powers and duties of a ,united ,states ,commissioner in the absence of any ,united ,states ,commissioner appointed pursuant to subsection 7a7 of this section for whatever reason4 ,the number of such ,alternate ,united ,states ,commissioners that may be designated for any such meeting shall be limited to the number of ,united ,states ,commissioners appointed pursuant to subsection 7a7 of this section who will not be present at such meeting4 7c7 ,administrative ,matters 7#a7 ,employment status ,individuals serving as ,united ,states ,commissioners1 other than officers or employees of the ,united ,states ,government1 shall not be considered ,federal employees except for the purposes of injury compensation or tort claims liability as provided in chapter #ha of title #e1 ,united ,states ,code1 and chapter #aga of title #bh1 ,united ,states ,code4 7#b7 ,compensation ,the ,united ,states ,commissioners or ,alternate ,commissioners1 although officers of the ,united ,states while so serving1 shall receive no compensation for their services as ,united ,states ,commissioners or ,alternate ,commissioners4 7#c7 ,travel expenses 7,a7 ,the ,secretary of ,state shall pay the necessary travel expenses of ,united ,states ,commissioners and ,alternate ,united ,states ,commissioners to meetings of the ,inter-,american ,tropical ,tuna ,commission and other meetings the ,secretary of ,state deems necessary to fulfill their duties1 in accordance with the ,federal ,travel ,regulations and sections #egja1 #egjb1 #egjd through #egjh1 and #egca of title #e1 ,united ,states ,code4 7,b7 ,the ,secretary may reimburse the ,secretary of ,state for amounts expended by the ,secretary of ,state under this subsection4 4 #bje4 ,general ,advisory ,committee and ,scientific ,advisory ,subcommittee ,section #d 7#af ,u4,s4,c4 #iec7 is amended-- 7#a7 by striking subsection 7a7 and inserting the following3 7a7 ,general ,advisory ,committee 7#a7 ,appointments2 public participation2 compensation 7,a7 ,the ,secretary1 in consultation with the ,secretary of ,state1 shall appoint a ,general ,advisory ,committee which shall consist of not more than #be individuals who shall be representative of the various groups concerned with the fisheries covered by the ,convention1 including nongovernmental conservation organizations1 providing to the maximum extent practicable an equitable balance among such groups4 ,members of the ,general ,advisory ,committee will be eligible to participate as members of the ,united ,states delegation to the ,commission and its working groups to the extent the ,commission rules and space for delegations allow4 7,b7 ,the chair of the ,pacific ,fishery ,management ,council's ,advisory ,subpanel for ,highly ,migratory ,fisheries and the chair of the ,western ,pacific ,fishery ,management ,council's ,advisory ,committee shall be ex-officio members of the ,general ,advisory ,committee by virtue of their positions in those ,councils4 7,c7 ,each member of the ,general ,advisory ,committee appointed under subparagraph 7,a7 shall serve for a term of #c years and is eligible for reappointment4 7,d7 ,the ,general ,advisory ,committee shall be invited to attend all non-executive meetings of the ,united ,states delegation and at such meetings shall be given opportunity to examine and to be heard on all proposed programs of investigation1 reports1 recommendations1 and regulations of the ,commission4 7,e7 ,the ,general ,advisory ,committee shall determine its organization1 and prescribe its practices and procedures for carrying out its functions under this title1 the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq471 and the ,convention4 ,the ,general ,advisory ,committee shall publish and make available to the public a statement of its organization1 practices and procedures4 ,meetings of the ,general ,advisory ,committee1 except when in executive session1 shall be open to the public1 and prior notice of meetings shall be made public in timely fashion4 ,the ,general ,advisory ,committee shall not be subject to the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 7#b7 ,information sharing ,the ,secretary and the ,secretary of ,state shall furnish the ,general ,advisory ,committee with relevant information concerning fisheries and international fishery agreements4 7#c7 ,administrative matters 7,a7 ,the ,secretary shall provide to the ,general ,advisory ,committee in a timely manner such administrative and technical support services as are necessary for its effective functioning4 7,b7 ,individuals appointed to serve as a member of the ,general ,advisory ,committee-- 7i7 shall serve without pay1 but while away from their homes or regular places of business to attend meetings of the ,general ,advisory ,committee shall be allowed travel expenses1 including per diem in lieu of subsistence1 in the same manner as persons employed intermittently in the ,government service are allowed expenses under section #egjc of title #e1 ,united ,states ,code2 and 7ii7 shall not be considered ,federal employees except for the purposes of injury compensation or tort claims liability as provided in chapter #ha of title #e1 ,united ,states ,code1 and chapter #aga of title #bh1 ,united ,states ,code4 2 7#b7 by striking so much of subsection 7b7 as precedes paragraph 7#b7 and inserting the following3 7b7 ,scientific ,advisory ,subcommittee 7#a7 ,the ,secretary1 in consultation with the ,secretary of ,state1 shall appoint a ,scientific ,advisory ,subcommittee of not less than #e nor more than #ae qualified scientists with balanced representation from the public and private sectors1 including nongovernmental conservation organizations4 2 and 7#c7 in subsection 7b77#c71 by striking ,general ,advisory ,subcommittee and inserting ,general ,advisory ,committee4 #bjf4 ,rulemaking ,section #f 7#af ,u4,s4,c4 #iee7 is amended to read as follows3 #f4 ,rulemaking 7a7 ,regulations ,the ,secretary1 in consultation with the ,secretary of ,state and1 with respect to enforcement measures1 the ,secretary of the ,department in which the ,coast ,guard is operating1 may promulgate such regulations as may be necessary to carry out the ,united ,states international obligations under the ,convention and this ,act1 including recommendations and decisions adopted by the ,commission4 ,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 ,council1 the ,secretary may1 to the extent practicable within the implementation schedule of the ,convention and any recommendations and decisions adopted by the ,commission1 promulgate such regulations as may be necessary to carry out the ,united ,states international obligations under the ,convention and this ,act1 in accordance with the procedures established by the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq474 7b7 ,jurisdiction ,the ,secretary may promulgate regulations as may be necessary to carry out the ,united ,states international obligations under the ,convention and this ,act1 applicable to all vessels and persons subject to the jurisdiction of the ,united ,states1 including ,united ,states flag vessels wherever they may be operating1 on such date as the ,secretary shall prescribe4 4 #bjg4 ,prohibited acts ,section #h 7#af ,u4,s4,c4 #ieg7 is amended-- 7#a7 by striking section #f7;c7 of this ,act each place it appears and inserting section #f2 and 7#b7 by adding at the end the following3 7i7 ,additional prohibitions and enforcement ,for prohibitions relating to this ,act and enforcement of this ,act1 see section #fjf of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;g74 4 #bjh4 ,enforcement ,section #aj 7#af ,u4,s4,c4 #iei7 is amended to read as follows3 #aj4 ,enforcement ,for enforcement of this ,act1 see section #fjf of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;g74 4 #bji4 ,reduction of bycatch ,section #ae 7#af ,u4,s4,c4 #ifb7 is amended by striking vessel and inserting vessels4 #baj4 ,repeal of ,eastern ,pacific ,tuna ,licensing ,act of #aihd ,the ,eastern ,pacific ,tuna ,licensing ,act of #aihd 7#af ,u4,s4,c4 #igb et seq47 is repealed4 ,,iii ,agreement on ,port ,state ,measures to ,prevent1 ,deter and ,eliminate ,illegal1 ,unreported and ,unregulated ,fishing #cja4 ,short title ,this title may be cited as the ,port ,state ,measures ,agreement ,act of #bjad4 #cjb4 ,purpose ,the purpose of this title is to implement the ,agreement on ,port ,state ,measures to ,prevent1 ,deter and ,eliminate ,illegal1 ,unreported and ,unregulated ,fishing4 #cjc4 ,definitions ,as used in this title3 7#a7 ,the term ,agreement means the ,agreement on ,port ,state ,measures to ,prevent1 ,deter and ,eliminate ,illegal1 ,unreported and ,unregulated ,fishing1 done at the ,food and ,agriculture ,organization of the ,united ,nations1 in ,rome1 ,italy1 ,november #bb1 #bjji1 and signed by the ,united ,states ,november #bb1 #bjji4 7#b7 ,the term ,,iuu fishing means any activity set out in paragraph #c of the #bjja ,,fao ,international ,plan of ,action to ,prevent1 ,deter and ,eliminate ,illegal1 ,unreported and ,unregulated ,fishing4 7#c7 ,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 member1 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 activities4 7#d7 ,the term ,magnuson-,stevens ,act means the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq474 7#e7 ,the term person has the same meaning as that term has in section #c of the ,magnuson-,stevens ,act 7#af ,u4,s4,c4 #ahjb74 7#f7 ,the term ,,rfmo means a regional fisheries management organization4 7#g7 ,the term ,secretary means the ,secretary of ,commerce or his or her designee4 7#h7 ,the term vessel means any vessel1 ship of another type1 or boat used for1 equipped to be used for1 or intended to be used for1 fishing or fishing-related activities1 including container vessels that are carrying fish that have not been previously landed4 7#i7 ,the term fish means finfish1 mollusks1 crustaceans1 and all other forms of marine animal and plant life other than marine mammals and birds4 7#aj7 ,the term fishing-- 7,a7 except as provided in subparagraph 7,b71 means-- 7i7 the catching1 taking1 or harvesting of fish2 7ii7 the attempted catching1 taking1 or harvesting of fish2 7iii7 any other activity which can reasonably be expected to result in the catching1 taking1 or harvesting of fish2 or 7iv7 any operations at sea in support of1 or in preparation for1 any activity described in clauses 7i7 through 7iii74 7,b7 does not include any scientific research activity that is conducted by a scientific research vessel4 #cjd4 ,duties and authorities of the secretary 7a7 ,regulations ,the ,secretary may1 as needed1 promulgate such regulations1 in accordance with section #eec of title #e1 ,united ,states ,code1 and consistent with the provisions of this title1 as may be necessary to carry out the purposes of this title to the extent that such regulations are not already promulgated4 7b7 ,consultation2 utilization of existing reporting mechanisms ,in promulgating regulations1 procedures1 and guidance pursuant to subsection 7a71 the ,secretary shall consult with the ,secretary of ,state and the ,secretary of the department in which the ,coast ,guard is operating4 ,to the maximum extent possible and subject to the data confidentiality provisions in section #djb of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahha;a71 such procedures shall utilize existing reporting mechanisms maintained and operated by the department in which the ,coast ,guard is operating4 7c7 ,ports of entry ,the ,secretary1 in consultation with the ,secretary of ,homeland ,security and1 when the ,coast ,guard is not operating in the ,department of ,homeland ,security1 the ,secretary of the department in which the ,coast ,guard is operating1 may designate and publicize the ports to which vessels may seek entry4 ,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 #adcc of title #ai1 ,united ,states ,code1 or that is not specified under an existing international fisheries agreement4 7d7 ,notification ,the ,secretary shall provide notification of the denial of port entry or the use of port services for a vessel under section #cje1 the withdrawal of the denial of port services for a vessel1 the taking of enforcement action pursuant to section #cjf with respect to a vessel1 or the results of any inspection of a vessel conducted pursuant to this title to the flag nation of the vessel and1 as appropriate1 to the nation of which the vessel's master is a national1 relevant coastal nations1 ,r,f,m,os1 the ,food and ,agriculture ,organization of the ,united ,nations1 and other relevant international organizations4 7e7 ,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 measures4 #cje4 ,authorization or denial of port entry 7a7 ,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 port4 7b7 ,decision ,to authorize or deny port entry ,the ,secretary shall decide1 based on the information submitted under subsection 7a71 whether to authorize or deny port entry and shall communicate this decision to the foreign vessel or to its representative4 ,the ,secretary may deny entry to-- 7#a7 any foreign-listed ,,iuu vessel2 or 7#b7 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 ,act4 7c7 ,denial of use of port ,if a foreign vessel is in a port subject to the jurisdiction of the ,united ,states1 the ,secretary shall deny such vessel the use of the port for landing1 transshipment1 packaging and processing of fish1 refueling1 resupplying1 maintenance and drydocking1 if-- 7#a7 the vessel entered without authorization under subsection 7b72 7#b7 the vessel is a listed ,,iuu vessel2 7#c7 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 measures2 or 7#d7 the ,secretary has reasonable grounds to believe-- 7,a7 the vessel lacks valid authorizations to engage in fishing or fishing-related activities as required by its flag nation or the relevant coastal nation2 7,b7 the fish on board were taken in violation of foreign law or in contravention of any ,,rfmo conservation and management measure2 or 7,c7 the vessel has engaged in ,,iuu fishing or fishing-related activities in support of such fishing1 including in support of a listed ,,iuu vessel1 unless it can establish that-- 7i7 it was acting in a manner consistent with applicable ,,rfmo conservation and management measures2 or 7ii7 in the case of the provision of personnel1 fuel1 gear1 and other supplies at sea1 the vessel provisioned was not1 at the time of provisioning1 a listed ,,iuu vessel4 7d7 ,exceptions ,notwithstanding subsections 7b7 and 7c71 the ,secretary may allow port entry or the use of port services-- 7#a7 if they are essential to the safety or health of the crew or safety of the vessel2 7#b7 to allow1 where appropriate1 for the scrapping of the vessel2 or 7#c7 pursuant to an inspection or other enforcement action4 #cjf4 ,inspections ,the ,secretary1 and the ,secretary of the department in which the ,coast ,guard is operating1 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 title4 ,if1 following an inspection1 the ,secretary has reasonable grounds to believe that a foreign vessel has engaged in ,,iuu fishing or fishing-related activities in support of such fishing1 the ,secretary may take enforcement action under this title or other applicable law1 and shall deny the vessel the use of port services1 in accordance with section #cje4 #cjg4 ,prohibited acts ,it is unlawful for any person subject to the jurisdiction of the ,united ,states-- 7#a7 to violate any provision of this title or the regulations issued under this title2 7#b7 to refuse to permit any authorized officer to board1 search1 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 title2 7#c7 to submit false information pursuant to any requirement under this title or the regulations issued under this title2 or 7#d7 to commit any offense enumerated in paragraph 7#d71 7#e71 7#g7 or 7#i7 of section #gjg7;a7 of the ,western and ,central ,pacific ,fisheries ,convention ,implementation ,act 7#af ,u4,s4,c4 #fijf7;a774 #cjh4 ,enforcement 7a7 ,existing authorities and responsibilities ,the authorities and responsibilities under subsections 7a71 7b71 and 7c7 of section #caa and section #cjh7;f7 of the ,magnuson-,stevens ,act 7#af ,u4,s4,c4 #ahfa1 #aheh7;f77 shall apply with respect to enforcement of this title4 7b7 ,civil enforcement 7#a7 ,civil administrative penalties 7,a7 ,in general ,any person who is found by the ,secretary 7after notice and opportunity for a hearing in accordance with section #eed of title #e1 ,united ,states ,code7 to have committed an act prohibited under section #cjg shall be liable to the ,united ,states for a civil penalty4 ,the amount of the civil penalty shall be consistent with the amount under section #cjh7;a7 of the ,magnuson-,stevens ,act 7#af ,u4,s4,c4 #aheh7;a774 7,b7 ,compromise or other action by secretary ,the ,secretary shall have the same authority as provided in section #cjh7;e7 of the ,magnuson-,stevens ,act 7#af ,u4,s4,c4 #aheh7;e77 with respect to a violation of this ,act4 7#b7 ,in rem jurisdiction ,for purposes of this title1 the conditions for in rem liability shall be consistent with section #cjh7;d7 of the ,magnuson-,stevens ,act 7#af ,u4,s4,c4 #aheh7;d774 7#c7 ,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 order1 or after the appropriate court has entered final judgment in favor of the ,secretary1 the ,secretary shall refer the matter to the ,attorney ,general1 who shall recover the amount assessed in any appropriate district court of the ,united ,states4 ,in such action1 the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review4 7c7 ,forfeiture 7#a7 ,in general ,the forfeiture provisions of section #caj of the ,magnuson-,stevens ,act 7#af ,u4,s4,c4 #ahfj7 shall apply in cases in which a person is convicted of an offense in violation of section #cji4 7#b7 ,application of the customs laws ,all provisions of law relating to seizure1 summary judgment1 and judicial forfeiture and condemnation for violation of the customs laws1 the disposition of the property forfeited or condemned or the proceeds from the sale thereof1 the remission or mitigation of such forfeitures1 and the compromise of claims shall apply to seizures and forfeitures incurred1 or alleged to have been incurred1 under the provisions of this title1 insofar as applicable and not inconsistent with the provisions hereof4 ,for seizures and forfeitures of property under this section by the ,secretary1 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 or1 upon request of the ,secretary1 by any other agency that has authority to manage and dispose of seized property4 7#c7 ,presumption ,for the purposes of this section there is a rebuttable presumption that all fish1 or components thereof1 found on board a vessel that is used or seized in connection with a violation of this title 7including any regulation promulgated under this ,act7 were taken1 obtained1 or retained as a result of ,,iuu fishing or fishing-related activities in support of ,,iuu fishing4 7d7 ,criminal enforcement ,any person 7other than a foreign government agency1 or entity wholly owned by a foreign government7 who knowingly commits an act prohibited by section #cji shall be subject to subsections 7b7 and 7c7 of section #cji of the ,magnuson-,stevens ,act 7#af ,u4,s4,c4 #ahei74 7e7 ,payment of storage1 care1 and other costs ,any person assessed a civil penalty for1 or convicted of1 any violation of this title 7including any regulation promulgated under this title7 and any claimant in a forfeiture action brought for such a violation1 shall be liable for the reasonable costs incurred by the ,secretary in storage1 care1 and maintenance of any property seized in connection with the violation4 #cji4 ,international cooperation and assistance 7a7 ,assistance to developing nations and international organizations ,consistent with existing authority and the availability of funds1 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 ,agreement4 7b7 ,personnel1 services1 equipment1 and facilities ,in carrying out subsection 7a71 the ,secretary may1 by agreement1 on a reimbursable or nonreimbursable basis1 utilize the personnel1 services1 equipment1 and facilities of any ,federal1 ,state1 local1 or foreign government or any entity of any such government4 #caj4 ,relationship to other laws 7a7 ,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 ,security4 ,where more stringent requirements regarding port entry or access to port services exist under other ,federal law1 those more stringent requirements shall apply4 ,nothing in this title shall affect a vessel's entry into port1 in accordance with international law1 for reasons of force majeure or distress4 7b7 ,united states obligations under international law ,this title shall be interpreted and applied in accordance with ,united ,states obligations under international law4 ,december #bb1 #bjad ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed