,,ii ,calendar ,no4 #bfc #aacth ,,congress #ast ,session ,s4 #bfi ,report ,no4 #aac-abg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #aa1 #bjac,mr4 ,rockefeller 7for himself1 ,mr4 ,begich1 ,ms4 ,murkowski1 ,mr4 ,schatz1 ,ms4 ,cantwell1 ,mr4 ,whitehouse1 ,mr4 ,wyden1 ,ms4 ,hirono1 ,mr4 ,merkley1 ,mr4 ,nelson1 ,mrs4 ,boxer1 and ,mr4 ,blumenthal7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,december #ag1 #bjac,reported by ,mr4 ,rockefeller1 with an amendment,strike out all after the enacting clause and insert the part printed in italic ,a ,,bill ,to establish uniform administrative and enforcement authorities for the enforcement of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act and similar statutes1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,international ,fisheries ,stewardship and ,enforcement ,act4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,administration and enforcement of certain fishery and related statutes,sec4 #aja4 ,authority of the ,secretary of ,commerce to enforce statutes4,sec4 #ajb4 ,conforming1 minor1 and technical amendments4,sec4 #ajc4 ,illegal1 unreported1 or unregulated fishing4,sec4 #ajd4 ,liability4,,title ,,ii--,law enforcement and international operations,sec4 #bja4 ,international fisheries enforcement4,sec4 #bjb4 ,international cooperation and assistance4,,title ,,iii--,miscellaneous amendments,sec4 #cja4 ,atlantic ,tunas ,convention ,act of #aige4,sec4 #cjb4 ,data sharing4,sec4 #cjc4 ,permits under the ,high ,seas ,fishing ,compliance ,act of #aiie4,sec4 #cjd4 ,committee on scientific cooperation for ,pacific salmon agreement4,,title ,,iv--,implementation of the ,antigua ,convention,sec4 #dja4 ,short title2 references to the ,tuna ,conventions ,act of #aiej4,sec4 #djb4 ,definitions4,sec4 #djc4 ,commissioners2 number1 appointment1 and qualifications4,sec4 #djd4 ,general advisory committee and scientific advisory subcommittee4,sec4 #dje4 ,rulemaking4,sec4 #djf4 ,prohibited acts4,sec4 #djg4 ,enforcement4,sec4 #djh4 ,reduction of bycatch4,sec4 #dji4 ,repeal of ,eastern ,pacific ,tuna ,licensing ,act of #aihd4 ,i ,administration and enforcement of certain fishery and related statutes #aja4 ,authority of the ,secretary of ,commerce to enforce statutes 7a7 ,in general 7#a7 ,enforcement ,the ,secretary of ,commerce and the ,secretary of the department in which the ,coast ,guard is operating shall enforce the ,acts to which this section applies in accordance with the provisions of this section4 7#b7 ,nondepartmental resources ,the ,secretary of ,commerce 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 including all elements of the ,department of ,defense1 and of any ,state agency1 in carrying out this section4 7#c7 ,application ,this section applies to-- 7,a7 the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;d et seq472 7,b7 the ,pacific ,salmon ,treaty ,act of #aihe 7#af ,u4,s4,c4 #cfca et seq472 7,c7 the ,dolphin ,protection ,consumer ,information ,act 7#af ,u4,s4,c4 #ache72 7,d7 the ,tuna ,conventions ,act of #aiej 7#af ,u4,s4,c4 #iea et seq472 7,e7 the ,north ,pacific ,anadromous ,stocks ,act of #aiib 7#af ,u4,s4,c4 #ejja et seq472 7,f7 the ,south ,pacific ,tuna ,act of #aihh 7#af ,u4,s4,c4 #igc et seq472 7,g7 the ,antarctic ,marine ,living ,resources ,convention ,act of #aihd 7#af ,u4,s4,c4 #bdca et seq472 7,h7 the ,atlantic ,tunas ,convention ,act of #aige 7#af ,u4,s4,c4 #iga et seq472 7,i7 the ,northwest ,atlantic ,fisheries ,convention ,act of #aiie 7#af ,u4,s4,c4 #efja et seq472 7,j7 the ,western and ,central ,pacific ,fisheries ,convention ,implementation ,act 7#af ,u4,s4,c4 #fija et seq472 7,k7 the ,northern ,pacific ,halibut ,act of #aihb 7#af ,u4,s4,c4 #ggc et seq472 7,l7 the ,antigua ,convention ,implementing ,act of #bjac2 and 7,m7 any other ,act in pari materia1 so designated by the ,secretary after notice and an opportunity for a hearing4 7b7 ,administration and enforcement ,the ,secretary of ,commerce shall prevent any person from violating any ,act to which this section applies 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 each such ,act4 ,except as provided in subsection 7c71 any person that violates any ,act to which this section applies shall be subject to the penalties1 and entitled to the privileges and immunities1 provided in the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq47 in the same manner and by the same means as though sections #cjh through #caa of that ,act 7#af ,u4,s4,c4 #aheh through #ahfa7 were incorporated into and made a part of each such ,act4 7c7 ,special rules 7#a7 ,in general ,notwithstanding the incorporation by reference of certain sections of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act under subsection 7b71 if there is a conflict between a provision of this subsection and the corresponding provision of any section of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act so incorporated1 the provision of this subsection shall apply4 7#b7 ,additional enforcement authority ,in addition to the powers of officers authorized pursuant to subsection 7b71 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 7a7 to enforce the provisions of any ,act to which this section applies may1 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 ,act-- 7,a7 search or inspect any facility or conveyance used or employed in1 or which reasonably appears to be used or employed in1 the storage1 processing1 transport1 or trade of fish or fish products2 7,b7 inspect records pertaining to the storage1 processing1 transport1 or trade of fish or fish products2 7,c7 detain1 for a period of up to #ad days1 any shipment of fish or fish product imported into1 landed on1 introduced into1 exported from1 or transported within the jurisdiction of the ,united ,states1 or1 if such fish or fish product is deemed to be perishable1 sell and retain the proceeds therefrom for a period of up to #ad days2 7,d7 make an arrest1 in accordance with any guidelines which may be issued by the ,attorney ,general1 for any offense under the laws of the ,united ,states committed in the person's presence1 or for the commission of any felony under the laws of the ,united ,states1 if the person has reasonable grounds to believe that the person to be arrested has committed or is committing a felony2 7,e7 search and seize1 in accordance with any guidelines which may be issued by the ,attorney ,general2 and 7,f7 execute and serve any subpoena1 arrest warrant1 search warrant issued in accordance with rule #da of the ,federal ,rules of ,criminal ,procedure1 or other warrant or civil or criminal process issued by any officer or court of competent jurisdiction4 7#c7 ,information collection1 maintenance and use 7,a7 ,in general ,the ,secretary of ,commerce and the head of each department and agency providing personnel for the task force under section #bja1 to the maximum extent permissible under law1 shall share all applicable information1 intelligence1 and data1 related to the harvest1 transportation1 or trade of fish and fish product for the purposes under section #bja7;a77#b74 7,b7 ,coordination of data ,the ,secretary of ,commerce1 through the task force under section #bja1 shall coordinate the collection1 storage1 analysis1 and dissemination of all applicable information1 intelligence1 and data related to the harvest1 transportation1 or trade of fish and fish product collected or maintained by a member agency of the task force4 7,c7 ,confidentiality ,the ,secretary of ,commerce1 through the task force under section #bja1 shall ensure the protection and confidentiality required by law for information1 intelligence1 and data related to the harvest1 transportation1 or trade of fish and fish product obtained by the task force4 7,d7 ,data standardization ,the ,secretary of ,commerce and the head of each department and agency providing personnel for the task force1 to the maximum extent practicable1 shall develop data standardization for fisheries related data for each member agency of the task force under section #bja and with international fisheries enforcement databases as appropriate4 7,e7 ,assistance from intelligence community ,upon request of the ,secretary of ,commerce1 elements of the intelligence community 7as defined in section #c7d7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #dja;a7#d777 shall collect information related to illegal1 unreported1 or unregulated fishing activity outside the ,united ,states about individuals who are not ,united ,states persons 7as defined in section #aje;,a7c77#b7 of such ,act 7#ej ,u4,s4,c4 #djc-e;a7c77#b7774 ,such elements of the intelligence community shall collect and share such information with the ,secretary through the task force under section #bja of this ,act for law enforcement purposes in order to detect and investigate illegal1 unreported1 or unregulated fishing activities and to carry out the provisions of this ,act4 ,all collection and sharing of information shall be in accordance with the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #dja et seq474 7,f7 ,information sharing 7i7 ,in general ,subject to clause 7ii71 the ,secretary of ,commerce1 through the task force under section #bja1 shall have authority to share fisheries-related data with-- 7,i7 other ,federal or ,state government agencies2 7,,ii7 foreign governments2 7,,iii7 the ,food and ,agriculture ,organization formed at ,quebec1 ,canada1 on ,october #af1 #aide2 or 7,,iv7 the secretariat or equivalent of an international fisheries management organization or arrangement made pursuant to an international fishery agreement4 7ii7 ,limitations ,an entity listed under clause 7i7 may receive data under this subparagraph if-- 7,i7 the entity has policies and procedures to safeguard such data from unintended or unauthorized disclosure2 and 7,,ii7 the exchange of information is necessary-- 7aa7 to ensure compliance with any law 7including regulations7 enforced or administered by the ,secretary of ,commerce2 7bb7 to administer or enforce treaties to which the ,united ,states is a party2 7cc7 to administer or enforce binding conservation measures adopted by any international organization or arrangement to which the ,united ,states is a party2 7dd7 to assist in investigative1 judicial1 or administrative enforcement proceedings in the ,united ,states2 or 7ee7 to assist in any fisheries or living marine resource related law enforcement action undertaken by a law enforcement agency of a foreign government1 or in relation to a legal proceeding undertaken by a foreign government4 7d7 ,district court jurisdiction ,the several district courts of the ,united ,states shall have jurisdiction over any actions arising under this section4 ,for the purpose of this section1 ,american ,samoa shall be included within the judicial district of the ,district ,court of the ,united ,states for the ,district of ,hawaii4 ,each violation shall be a separate offense and the offense shall be deemed to have been committed not only in the district where the violation first occurred1 but also in any other district as authorized by law4 ,any offenses not committed in any district are subject to the venue provisions of section #cbch of title #ah1 ,united ,states ,code4 7e7 ,prohibited acts ,for purposes of this section and each ,act to which this section applies1 it is unlawful for any person-- 7#a7 to violate any provision of this section or any ,act to which this section applies or any regulation promulgated thereunder2 7#b7 to refuse to permit any authorized enforcement officer to board1 search1 or inspect a vessel1 conveyance1 or shoreside facility that is subject to the person's control for purposes of conducting any search1 investigation1 or inspection in connection with the enforcement of this section or any ,act to which this section applies or any regulation promulgated thereunder2 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 another person1 knowing that such person has committed any act prohibited by this section or any ,act to which this section applies2 7#f7 to forcibly assault1 resist1 oppose1 impede1 intimidate1 sexually harass1 bribe1 or interfere with any observer on a vessel under this section or any ,act to which this section applies1 or any data collector employed by or under contract to the ,national ,marine ,fisheries ,service to carry out responsibilities under this section or any ,act to which this section applies2 7#g7 to import1 export1 transport1 sell1 receive1 acquire1 or purchase in interstate or foreign commerce any fish or fish product taken1 possessed1 transported1 or sold in violation of any treaty or binding conservation measure adopted pursuant to an international agreement or organization to which the ,united ,states is a party2 or 7#h7 to make or submit any false record1 account1 or label for1 or any false identification of1 any fish or fish product 7including false identification of the species1 harvesting vessel or nation1 or the location where harvested7 which has been1 or is intended to be imported1 exported1 transported1 sold1 offered for sale1 purchased1 or received in interstate or foreign commerce4 7f7 ,regulations ,the ,secretary of ,commerce may promulgate such regulations1 in accordance with section #eec of title #e1 ,united ,states ,code1 as may be necessary to carry out this section or any ,act to which this section applies4 #ajb4 ,conforming1 minor1 and technical amendments 7a7 ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#a7 ,section #fjf of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;g7 is amended-- 7,a7 by inserting 7a7 ,detecting1 ,monitoring1 and ,preventing ,violations4-- before ,the ,president2 and 7,b7 by adding at the end the following3 7b7 ,enforcement ,this ,act shall be enforced under section #aja of the ,international ,fisheries ,stewardship and ,enforcement ,act4 4 7#b7 ,section #fjg7b7 of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;h7#b77 is amended by striking whose vessels and inserting that4 7#c7 ,section #fji7;a7 of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;j7a77 is amended to read as follows3 7a7 ,identification 7#a7 ,in general ,the ,secretary shall identify1 and list in the report under section #fjg1 a nation if that nation is engaged1 or has been engaged at any time during the preceding #c years1 in illegal1 unreported1 or unregulated fishing and-- 7,a7 such fishing undermines the effectiveness of measures required under the relevant international fishery management organization2 7,b7 the relevant international fishery management organization has failed to implement effective measures to end the illegal1 unreported1 or unregulated fishing activity by vessels of that nation1 or the nation is not a party to1 or does not maintain cooperating status with1 such organization2 or 7,c7 there is no international fishery management organization with a mandate to regulate the fishing activity in question4 7#b7 ,other identifying activities ,the ,secretary shall also identify1 and list in the report under section #fjg1 a nation if-- 7,a7 it is violating1 or has violated at any time during the preceding #c 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 measures1 taking into account the factors described in paragraph 7#a72 or 7,b7 it is failing1 or has failed at any time during the preceding #c years1 to effectively address or regulate illegal1 unreported1 or unregulated fishing4 7#c7 ,treatment of certain entities as if they were nations ,where the provisions of this ,act apply to the act1 or failure to act1 of a nation1 they shall also be applicable1 as appropriate1 to any other entity that is competent to enter into an international fishery management agreement4 4 7#d7 ,section #fji7;d77#a7 of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;j7d77#a77 is amended by striking of its fishing vessels each place it appears4 7#e7 ,section #fji7;d77#b7 of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;j7d77#b77 is amended-- 7,a7 by striking procedure for certification1 and inserting procedure12 7,b7 by striking basis of fish and inserting basis1 for allowing importation of fish2 and 7,c7 by striking harvesting nation not certified under paragraph 7#a7 and inserting nation issued a negative certification under paragraph 7#a74 7#f7 ,section #faj7;a77#a7 of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbfk7a77#a77 is amended-- 7,a7 by striking calendar year and inserting #c years2 and 7,b7 by striking practices2 and inserting practices--4 7b7 ,dolphin ,protection ,consumer ,information ,act ,section #ija of the ,dolphin ,protection ,consumer ,information ,act 7#af ,u4,s4,c4 #ache7 is amended-- 7#a7 by adding at the end of subsection 7d7 the following3 7#d7 ,it is a violation of section #aja of the ,international ,fisheries ,stewardship and ,enforcement ,act for any person to assault1 resist1 oppose1 impede1 intimidate1 or interfere with an authorized officer in the conduct of any search1 investigation or inspection under this ,act4 and 7#b7 by amending subsection 7e7 to read as follows3 7e7 ,enforcement ,this ,act shall be enforced under section #aja of the ,international ,fisheries ,stewardship and ,enforcement ,act4 4 7c7 ,north ,pacific ,anadromous ,stocks ,act of #aiib 7#a7 ,unlawful activities ,section #haj of the ,north ,pacific ,anadromous ,stocks ,act of #aiib 7#af ,u4,s4,c4 #ejji7 is amended-- 7,a7 by striking purchases in paragraph 7#e7 and inserting purposes2 7,b7 by striking search or inspection in paragraph 7#e7 and inserting search1 investigation1 or inspection2 and 7,c7 by striking search or inspection in paragraph 7#f7 and inserting search1 investigation1 or inspection4 7#b7 ,administration and enforcement ,section #haa of the ,north ,pacific ,anadromous ,stocks ,act of #aiib 7#af ,u4,s4,c4 #ejaj7 is amended to read as follows3 #haa4 ,administration and enforcement ,this ,act shall be enforced under section #aja of the ,international ,fisheries ,stewardship and ,enforcement ,act4 4 7d7 ,pacific ,salmon ,treaty ,act of #aihe 7#a7 ,section #h of the ,pacific ,salmon ,treaty ,act of #aihe 7#af ,u4,s4,c4 #cfcg7 is amended-- 7,a7 in subsection 7a7-- 7i7 by striking search or inspection in paragraph 7#b7 and inserting search1 investigation1 or inspection2 and 7ii7 by striking search or inspection in paragraph 7#c7 and inserting search1 investigation1 or inspection2 and 7,b7 by striking subsections 7b7 through 7f7 and inserting the following3 7b7 ,administration and enforcement ,this ,act shall be enforced under section #aja of the ,international ,fisheries ,stewardship and ,enforcement ,act4 4 7#b7 ,section #af7;d77#b77;,a7 of the ,pacific ,salmon ,treaty ,act of #aihe 7#af ,u4,s4,c4 #cfde7;d77#b77;,a77 is amended by striking and between #bjjb1 and #bjjc4 7e7 ,south ,pacific ,tuna ,act of #aihh 7#a7 ,prohibited acts ,section #e7;a7 of the ,south ,pacific ,tuna ,act of #aihh 7#af ,u4,s4,c4 #igc;c7a77 is amended-- 7,a7 by striking a search or inspection in paragraph 7#h7 and inserting any search1 investigation1 or inspection2 and 7,b7 by striking a search or inspection in paragraph 7#aj77;,a7 and inserting any search1 investigation1 or inspection4 7#b7 ,administration and enforcement ,the ,south ,pacific ,tuna ,act of #aihh 7#af ,u4,s4,c4 #igc et seq47 is amended by striking sections #g and #h 7#af ,u4,s4,c4 #igc;e and #igc;f7 and inserting the following3 #g4 ,administration and enforcement ,this ,act shall be enforced under section #aja of the ,international ,fisheries ,stewardship and ,enforcement ,act4 4 7f7 ,antarctic ,marine ,living ,resources ,convention ,act of #aihd 7#a7 ,unlawful activities ,section #cjf of the ,antarctic ,marine ,living ,resources ,convention ,act 7#af ,u4,s4,c4 #bdce7 is amended-- 7,a7 in paragraph 7#c71 by striking which he knows1 or reasonably should have known1 was2 7,b7 in paragraph 7#d71 by striking search or inspection and inserting search1 investigation1 or inspection2 and 7,c7 in paragraph 7#e71 by striking search or inspection and inserting search1 investigation1 or inspection4 7#b7 ,regulations ,section #cjg of the ,antarctic ,marine ,living ,resources ,convention ,act 7#af ,u4,s4,c4 #bdcf7 is amended by inserting after title4 the following3 ,notwithstanding the provisions of 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 rule to implement conservation measures1 described in section #cje7;a7 of this ,act1 that are in effect for #ab months or less1 adopted by the ,commission1 and not objected to by the ,united ,states within the time period allotted under ,article ,,ix of the ,convention4 ,upon publication in the ,federal ,register1 such conservation measures shall be in force with respect to the ,united ,states44 7#c7 ,penalties and enforcement ,the ,antarctic ,marine ,living ,resources ,convention ,act 7#af ,u4,s4,c4 #bdca et seq47 is amended-- 7,a7 by striking sections #cjh and #cji 7#af ,u4,s4,c4 #bdcg and #bdch72 and 7,b7 in section #caj 7#af ,u4,s4,c4 #bdci7-- 7i7 by striking subsections 7b71 7c71 and 7d72 7ii7 by redesignating subsection 7e7 as subsection 7c72 and 7iii7 by inserting after subsection 7a7 the following3 7b7 ,administration and enforcement ,this title shall be enforced under section #aja of the ,international ,fisheries ,stewardship and ,enforcement ,act4 4 7g7 ,atlantic ,tunas ,convention ,act of #aige 7#a7 ,violations ,section #g of the ,atlantic ,tunas ,convention ,act of #aige 7#af ,u4,s4,c4 #iga;e7 is amended-- 7,a7 by striking subsections 7e7 and 7f72 and 7,b7 by redesignating subsection 7g7 as subsection 7e74 7#b7 ,enforcement ,section #h of the ,atlantic ,tunas ,convention ,act of #aige 7#af ,u4,s4,c4 #iga;f7 is amended-- 7,a7 by striking subsections 7a7 and 7c72 7,b7 by striking 7b7 ,international ,enforcement4-- in subsection 7b7 and inserting ,this ,act shall be enforced under section #aja of the ,international ,fisheries ,stewardship and ,enforcement ,act42 and 7,c7 by striking shall have the authority to carry out the enforcement activities specified in section #h7;a7 of this ,act each place it appears and inserting shall enforce this ,act4 7h7 ,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 ,,penalties4 and inserting ,,and ,,enforcement42 7#b7 in subsection 7a7-- 7,a7 by striking search or inspection in paragraph 7#b7 and inserting search1 investigation1 or inspection2 and 7,b7 by striking search or inspection in paragraph 7#c7 and inserting search1 investigation1 or inspection2 and 7#c7 by striking subsections 7b7 through 7f7 and inserting the following3 7b7 ,administration and enforcement ,this title shall be enforced under section #aja of the ,international ,fisheries ,stewardship and ,enforcement ,act4 4 7i7 ,western and ,central ,pacific ,fisheries ,convention ,implementation ,act 7#a7 ,administration and enforcement ,section #ejf7;c7 of the ,western and ,central ,pacific ,fisheries ,convention ,implementation ,act 7#af ,u4,s4,c4 #fije7;c77 is amended to read as follows3 7c7 ,administration and enforcement ,this title shall be enforced under section #aja of the ,international ,fisheries ,stewardship and ,enforcement ,act4 4 7#b7 ,prohibited acts ,section #ejg7;a77#b7 of the ,western and ,central ,pacific ,fisheries ,convention ,implementation ,act 7#af ,u4,s4,c4 #fijf7;a77#b77 is amended by striking suspension1 on and inserting suspension of4 7j7 ,northern ,pacific ,halibut ,act of #aihb 7#a7 ,prohibited acts ,section #g of the ,northern ,pacific ,halibut ,act of #aihb 7#af ,u4,s4,c4 #ggc;e7 is amended-- 7,a7 by redesignating paragraphs 7#a7 through 7#f7 of subsection 7a71 as subparagraphs 7,a7 through 7,f71 respectively2 7,b7 by redesignating subsections 7a7 and 7b7 as paragraphs 7#a7 and 7#b71 respectively2 7,c7 in paragraph 7#a77;,b71 as redesignated1 by striking search or inspection and inserting search1 investigation1 or inspection2 and 7,d7 in paragraph 7#a77;,c71 as redesignated1 by striking search or inspection described in paragraph 7#b7 and inserting search1 investigation1 or inspection described in subparagraph 7,b74 7#b7 ,administration and enforcement ,the ,northern ,pacific ,halibut ,act of #aihb 7#af ,u4,s4,c4 #ggc et seq47 is amended-- 7,a7 by striking sections #c1 #i1 and #aj 7#af ,u4,s4,c4 #ggc;f1 #ggc;g1 and #ggc;h72 and 7,b7 by striking subsections 7b7 through 7f7 of section #aa 7#af ,u4,s4,c4 #ggc;i7 and inserting the following3 7b7 ,administration and enforcement ,this ,act shall be enforced under section #aja of the ,international ,fisheries ,stewardship and ,enforcement ,act4 4 #ajc4 ,illegal1 unreported1 or unregulated fishing 7a7 ,amendment of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#a7 ,section #fjh of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;i71 as amended by section #cjb7;a7 of this ,act1 is further amended by adding at the end the following3 7c7 ,vessels and vessel owners engaged in illegal1 unreported1 or unregulated fishing ,the ,secretary may-- 7#a7 develop1 maintain1 and make public a list of vessels and vessel owners engaged in 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 whether or not the ,united ,states is a party to such organization or arrangement2 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 and trade agreements2 and 7#c7 provide notification to the public of vessels and vessel owners identified by international fishery management organizations or arrangements made pursuant to an international fishery agreement as having been engaged in illegal1 unreported1 or unregulated fishing1 as well as any measures adopted by such organizations or arrangements to address illegal1 unreported1 or unregulated fishing4 7d7 ,restrictions on port access or use ,action taken by the ,secretary under subsection 7c77#b7 that includes measures to restrict use of or access to ports or port services shall apply to all ports of the ,united ,states and its territories4 7e7 ,regulations ,the ,secretary may promulgate regulations to implement subsections 7c7 and 7d74 4 7#b7 ,section #fji of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;j7 is amended-- 7,a7 in subsection 7d77#c77;,a77i71 by striking that has not been certified by the ,secretary under this subsection1 or2 and 7,b7 in subsection 7e77#c7-- 7i7 by striking and at the end of subparagraph 7,b72 7ii7 by striking agreement4 and inserting agreement2 and2 and 7iii7 by adding at the end the following3 7,d7 to the extent possible-- 7i7 fishing activities conducted in waters under the jurisdiction of a nation without permission of that nation2 and 7ii7 fishing activities conducted in contravention of a nation's laws 7including regulations71 including fishing activity that has not been reported or that has been misreported to the relevant national authority of a nation in contravention of that nation's laws 7including regulations74 4 7#c7 ,section #faj7;c77#e7 of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbfk7c77#e77 is amended by striking that has not been certified by the ,secretary under this subsection1 or4 7b7 ,amendment of the ,high ,seas ,driftnet ,fisheries ,enforcement ,act 7#a7 ,section #aja of the ,high ,seas ,driftnet ,fisheries ,enforcement ,act 7#af ,u4,s4,c4 #ahbf;a7 is amended-- 7,a7 in subsection 7a71 by striking paragraph 7#b7 and inserting the following3 7#b7 ,denial of port privileges ,the ,secretary of the ,treasury shall1 in accordance with recognized principles of international law-- 7,a7 withhold or revoke the clearance required by section #fjaje of title #df1 ,united ,states ,code1 for-- 7i7 any large-scale driftnet fishing vessel that is documented under the law of the ,united ,states or of a nation included on a list published under paragraph 7#a72 or 7ii7 any fishing vessel of a nation that receives 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;j7d7 or #ahbfk7c772 and 7,b7 deny entry of that vessel to any place in the ,united ,states and to the navigable waters of the ,united ,states1 except for the purpose of inspecting the vessel1 conducting an investigation1 or taking other appropriate enforcement action4 2 and 7,b7 in subsection 7b7-- 7i7 by striking or illegal1 unreported1 or unregulated fishing each place it appears in paragraphs 7#a7 and 7#b72 7ii7 by striking paragraph 7#c77;,a7 and inserting the following3 7,a7 ,prohibition ,the ,president shall direct the ,secretary of the ,treasury to prohibit the importation into the ,united ,states of fish and fish products and sport fishing equipment 7as that term is defined in section #dafb of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #dafb77 from a nation-- 7i7 upon receipt of notification of the identification of the nation under paragraph 7#a77;,a72 7ii7 if the consultations with the government of the nation under paragraph 7#b7 are not satisfactorily concluded within ninety days2 or 7iii7 upon receipt of notification of a negative certification under section #fji7;d77#a7 or #faj7;c77#a7 of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;j7d77#a7 and #ahbfk7c77#a774 2 7iii7 by inserting or after issuing a negative certification under section #fji7;d77#a7 or #faj7;c77#a7 of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;j7d77#a7 and #ahbfk7c77#a771 after paragraph 7#a71 in paragraph 7#d77;,a72 and 7iv7 by striking paragraph 7#d77;,a77i7 and inserting the following3 7i7 any prohibition established under paragraph 7#c7 is insufficient to cause that nation-- 7,i7 to terminate large-scale driftnet fishing conducted by its nationals and vessels beyond the exclusive economic zone of any nation2 7,,ii7 to address illegal1 unreported1 or unregulated fishing activities for which a nation has been identified under section #fji of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;j72 or 7,,iii7 to address bycatch of a protected living marine resource for which a nation has been identified under section #faj of such ,act 7#af ,u4,s4,c4 #ahbfk72 or 4 7#b7 ,section #ajb of the ,high ,seas ,driftnet ,fisheries ,enforcement ,act 7#af ,u4,s4,c4 #ahbf;b7 is amended by striking such nation has terminated large-scale driftnet fishing or illegal1 unreported1 or unregulated fishing by its nationals and vessels beyond the exclusive economic zone of any nation4 and inserting such nation-- 7#a7 has terminated large-scale driftnet fishing by its nationals and vessels beyond the exclusive economic zone of any nation2 7#b7 has addressed illegal1 unreported1 or unregulated fishing activities for which a nation has been identified under section #fji of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;j72 or 7#c7 has addressed bycatch of a protected living marine resource for which a nation has been identified under section #faj of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbfk74 4 #ajd4 ,liability ,any claims arising from the actions of any officer1 authorized by the ,secretary of ,commerce or the ,secretary of the department in which the ,coast ,guard is operating to enforce the provisions of this ,act or any ,act to which this ,act applies1 taken pursuant to any scheme for at-sea boarding and inspection authorized under any international agreement to which the ,united ,states is a party may be pursued under chapter #aga of title #bh1 ,united ,states ,code1 or such other legal authority as may be pertinent4 ,,ii ,law enforcement and international operations #bja4 ,international fisheries enforcement 7a7 ,establishment of international fisheries enforcement task force 7#a7 ,in general ,not later than #ab months after the date of enactment of this ,act1 the ,secretary of ,commerce shall establish1 through the ,national ,marine ,fisheries ,service's international enforcement program1 an interagency ,international ,fisheries ,enforcement ,task ,force4 7#b7 ,purposes ,the purposes of the task force shall be-- 7,a7 to detect and investigate illegal1 unreported1 or unregulated fishing activity and trafficking in the resulting fish or fish product2 and 7,b7 to enforce the provisions of this ,act or any ,act to which section #aja applies4 7#c7 ,membership ,the task force shall include permanent representation from-- 7,a7 the ,national ,marine ,fisheries ,service's international enforcement program2 7,b7 the ,u4,s4 ,coast ,guard2 7,c7 ,u4,s4 ,customs and ,border ,protection2 7,d7 the ,u4,s4 ,food and ,drug ,administration2 and 7,e7 such other ,federal agencies as the ,secretary considers appropriate and necessary to carry out the purposes under paragraph 7#b74 7b7 ,task force organization 7#a7 ,staffing and other resources ,the ,secretary of ,commerce and the head of each department and agency identified under subsection 7a77#c7 shall-- 7,a7 by agreement1 on a reimbursable basis or otherwise1 provide permanent representation to the task force2 7,b7 by agreement1 on a reimbursable basis or otherwise1 share personnel1 services1 equipment 7including aircraft and vessels71 and facilities with the task force for the purposes under subsection 7a77#b72 and 7,c7 to the extent possible1 and consistent with other applicable law1 extend the authorities provided under their enabling legislation to the other departments and agencies participating in the task force4 7#b7 ,budget ,the ,secretary of ,commerce and the head of each department and agency providing personnel for the task force1 at their discretion1 may develop interagency plans and budgets and engage in interagency financing for such purposes4 7#c7 #e-year strategic plan ,not later than #ahj days after the date on which the task force is established under subsection 7a71 the ,secretary of ,commerce shall develop a #e-year strategic plan for guiding interagency and intergovernmental international fisheries enforcement efforts to carry out the provisions of this ,act4 ,the ,secretary shall update the plan periodically as necessary1 but at least once every #e years4 7#d7 ,cooperative activities ,the ,secretary1 in coordination with the head of each department and agency providing personnel for the task force-- 7,a7 may conduct one or more joint operations for the purposes under subsection 7a77#b72 7,b7 shall1 to the maximum extent permissible under law1 create and participate in committees or other working groups with other ,federal1 ,state1 or local governments1 and with the governments of other nations for the purposes under subsection 7a77#b72 7,c7 may enter into agreements with other ,federal1 ,state1 or local governments1 and with the governments of other nations1 on a reimbursable basis or otherwise1 for the purposes under subsection 7a77#b74 7c7 ,powers of authorized officers ,notwithstanding any other provision of law1 while operating under an agreement with the ,secretary of ,commerce entered into under section #aja1 or while conducting a joint operation under subsection 7b77#d7 of this section1 each authorized officer shall have the powers and authority provided in section #aja4 #bjb4 ,international cooperation and assistance 7a7 ,international cooperation and assistance ,the ,secretary of ,commerce may provide international cooperation and assistance for international capacity building efforts4 7b7 ,authorized activities ,in carrying out this section1 the ,secretary may-- 7#a7 provide technical expertise to other nations to assist them in addressing illegal1 unreported1 or unregulated fishing activities2 7#b7 provide technical expertise to other nations to assist them in reducing the loss and environmental impacts of derelict fishing gears1 reducing the bycatch of living marine resources1 and promoting international marine resource conservation2 7#c7 provide technical expertise1 and training1 in cooperation with the ,international ,fisheries ,enforcement ,task ,force under section #bja of this ,act1 to other nations to aid them in building capacity for enhanced fisheries management1 fisheries monitoring1 catch and trade tracking activities1 enforcement1 and international marine resource conservation2 7#d7 establish partnerships with other ,federal agencies1 as appropriate1 to ensure that fisheries development assistance to other nations is directed toward efforts that promote sustainable fisheries2 and 7#e7 conduct outreach and education efforts in order to promote public and private sector awareness of international fisheries sustainability issues1 including the need to combat illegal1 unreported1 or unregulated fishing activity and to promote international marine resource conservation4 7c7 ,guidelines ,the ,secretary may establish guidelines as necessary to implement this section4 ,,iii ,miscellaneous amendments #cja4 ,atlantic ,tunas ,convention ,act of #aige ,section #f of the ,atlantic ,tunas ,convention ,act of #aige 7#af ,u4,s4,c4 #iga;d7c77#b77 is amended-- 7#a7 by inserting 7,a7 after 7#b72 7#b7 by striking 7,a7 submission and inserting the presentation2 7#c7 by striking arguments1 and 7,b7 oral presentation at a public hearing4 ,such and inserting written or oral statements at a public hearing4 ,after consideration of such presentations1 the2 and 7#d7 by adding at the end thereof the following3 7,b7 ,the ,secretary may issue final regulations to implement ,commission recommendations referred to in paragraph 7#a7 of this subsection concerning trade restrictive measures against nations or fishing entities without regard to the requirements of subparagraph 7,a7 of this paragraph and subsections 7b7 and 7c7 of section #eec of title #e1 ,united ,states ,code4 4 #cjb4 ,data sharing 7a7 ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act ,section #fjh of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;i7 is amended-- 7#a7 by inserting 7a7 ,in general4-- before ,the ,secretary12 7#b7 by striking organizations the first place it appears and inserting1 organizations1 or arrangements made pursuant to an international fishery agreement 7as defined in section #c7bd7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahjb7bd77712 7#c7 by striking and after the semicolon in paragraph 7#c72 7#d7 by striking territories4 in paragraph 7#d7 and inserting territories2 and2 and 7#e7 by adding at the end thereof the following3 7#e7 urging other nations1 through the regional fishery management organizations of which the ,united ,states is a member1 bilaterally and otherwise to seek and foster the sharing of accurate1 relevant1 and timely information-- 7,a7 to improve the scientific understanding of marine ecosystems2 7,b7 to improve fisheries management decisions2 7,c7 to promote the conservation of protected living marine resources2 7,d7 to combat illegal1 unreported1 and unregulated fishing2 and 7,e7 to improve compliance with conservation and management measures in international waters4 7b7 ,information sharing ,in carrying out this section1 the ,secretary may disclose1 as necessary and appropriate1 information to the ,food and ,agriculture ,organization formed at ,quebec1 ,canada1 on ,october #af1 #aide1 international fishery management organizations1 or arrangements made pursuant to an international fishery agreement1 if such organizations or arrangements have policies and procedures to safeguard such information from unintended or unauthorized disclosure4 4 7b7 ,conforming amendment ,section #djb7;b77#a7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahha;a7b77#a77 is amended-- 7#a7 by striking or after the semicolon in subparagraph 7,g72 7#b7 by redesignating subparagraph 7,h7 as subparagraph 7,j72 and 7#c7 by inserting after subparagraph 7,g7 the following3 7,h7 to the ,food and ,agriculture ,organization formed at ,quebec1 ,canada1 on ,october #af1 #aide1 international fishery management organizations1 or arrangements made pursuant to an international fishery agreement as provided under section #fjh7;b7 of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;i7b772 7,i7 to any other ,federal or ,state government agency1 foreign government1 the ,food and ,agriculture ,organization formed at ,quebec1 ,canada1 on ,october #af1 #aide1 or the secretariat or equivalent of an international fisheries management organization or arrangement made pursuant to an international fishery agreement1 as provided under section #aja7;c77#i7 of the ,international ,fisheries ,stewardship and ,enforcement ,act2 or 4 #cjc4 ,permits under the ,high ,seas ,fishing ,compliance ,act of #aiie ,section #ajd7;f7 of the ,high ,seas ,fishing ,compliance ,act 7#af ,u4,s4,c4 #eejc7;f77 is amended to read as follows3 7f7 ,validity ,a permit issued under this section is void if-- 7#a7 #a or more permits or authorizations required for a vessel to fish1 in addition to a permit issued under this section1 expire1 are revoked1 or are suspended2 or 7#b7 the vessel is no longer eligible for ,united ,states documentation1 such documentation is revoked or denied1 or the vessel is deleted from such documentation4 4 #cjd4 ,committee on scientific cooperation for ,pacific salmon agreement ,section #aa of the ,pacific ,salmon ,treaty ,act of #aihe 7#af ,u4,s4,c4 #cfdj7 is amended-- 7#a7 by redesignating subsections 7c7 and 7d7 as subsections 7d7 and 7e71 respectively2 7#b7 by inserting after subsection 7b7 the following3 7c7 ,compensation of ,committee on scientific cooperation members ,members of the ,committee on ,scientific ,cooperation who are not ,state or ,federal employees shall receive compensation at a rate equivalent to the rate payable for level ,,iv of the ,executive ,schedule under section #ecae of title #e1 ,united ,states ,code1 when engaged in actual performance of duties for the ,commission4 2 and 7#c7 by striking #ga in subsection 7e71 as redesignated1 and inserting #aga4 ,,iv ,implementation of the ,antigua ,convention #dja4 ,short title2 references to the ,tuna ,conventions ,act of #aiej 7a7 ,short title ,this title may be cited as the ,antigua ,convention ,implementing ,act of #bjac4 7b7 ,references to 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 #djb4 ,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 subparagraphs 7,a7 and 7,b71 as the context requires4 7#d7 ,import ,the term import means to land on1 bring into1 or introduce into1 or attempt to land on1 bring into1 or introduce into1 any place subject to the jurisdiction of the ,united ,states1 whether or not such landing1 bringing1 or introduction constitutes an importation within the meaning of the customs laws of the ,united ,states4 7#e7 ,person ,the term person means an individual1 partnership1 corporation1 or association subject to the jurisdiction of the ,united ,states4 7#f7 ,united ,states ,the term ,united ,states includes all areas under the sovereignty of the ,united ,states4 7#g7 ,united ,states ,commissioners ,the term ,united ,states ,commissioners means the members of the ,commission4 7#h7 ,united ,states ,section ,the term ,united ,states ,section means the ,united ,states ,commissioners to the ,commission and a designee of the ,secretary of ,state4 4 #djc4 ,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 #e ,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 ,commissioners from among individuals who are knowledgeable or experienced concerning highly migratory fish stocks in the eastern tropical ,pacific ,ocean1 #a of which shall be an officer or employee of the ,department of ,commerce1 #a of which shall be the chairman or a member of the ,western ,pacific ,fishery ,management ,council1 and #a of which shall be the chairman or a member of the ,pacific ,fishery ,management ,council4 ,not more than #b ,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 ,united ,states 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 ,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 such ,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 ,united ,states ,commissioners1 although officers of the ,united ,states while so serving1 shall receive no compensation for their services as such ,united ,states ,commissioners or ,alternate ,united ,states ,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 ,commission and other meetings the ,secretary 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 #djd4 ,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 participation 7,a7 ,appointments ,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 ,u4,s4 delegation to the ,commission and its working groups to the extent the ,commission rules and space for delegations allow4 7,b7 ,additional members ,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 members of the ,general ,advisory ,committee by virtue of their positions in those ,councils4 7,c7 ,terms ,each member of the ,general ,advisory ,committee appointed under subparagraph 7,a7 shall serve for a term of #c years and shall be eligible for reappointment4 7,d7 ,non-executive meetings of the ,united ,states ,section ,the ,general ,advisory ,committee shall be invited to attend all non-executive meetings of the ,united ,states ,section 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 ,public participation ,the ,general ,advisory ,committee shall determine its organization1 and prescribe its practices and procedures for carrying out its functions under this chapter1 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 ,in general ,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 ,compensation ,an individual appointed to serve as a member of the ,general ,advisory ,committee-- 7i7 shall serve without pay1 but while away from home or regular place 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 a person employed intermittently in the ,government service is allowed expenses under section #egjc of title #e1 ,united ,states ,code2 and 7ii7 shall not be considered a ,federal employee 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 and 7#b7 by striking so much of subsection 7b7 as precedes paragraph 7#b7 and inserting the following3 7b7 ,scientific ,advisory ,subcommittee 7c7 ,in general ,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 4 #dje4 ,rulemaking ,section #f 7#af ,u4,s4,c4 #iee7 is amended-- 7#a7 by striking the section heading and inserting the following3 #f4 ,rulemaking 2 and 7#b7 by striking subsections 7a7 and 7b7 and inserting the following3 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 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 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 #djf4 ,prohibited acts ,section #h 7#af ,u4,s4,c4 #ieg7 is amended to read as follows3 #h4 ,prohibited acts ,it is unlawful for any person-- 7#a7 to violate any provision of this chapter or any regulation or permit issued pursuant to this ,act2 7#b7 to use any fishing vessel to engage in fishing after the revocation1 or during the period of suspension1 of an applicable permit issued pursuant to this ,act2 7#c7 to refuse to permit any officer authorized to enforce the provisions of this ,act 7as provided for in section #aj7 to board a fishing vessel subject to such person's control for the purposes of conducting any search1 investigation or inspection in connection with the enforcement of this ,act or any regulation1 permit1 or the ,convention2 7#d7 to forcibly assault1 resist1 oppose1 impede1 intimidate1 sexually harass1 bribe1 or interfere with any such authorized officer in the conduct of any search1 investigations or inspection in connection with the enforcement of this ,act or any regulation1 permit1 or the ,convention2 7#e7 to resist a lawful arrest for any act prohibited by this ,act2 7#f7 to ship1 transport1 offer for sale1 sell1 purchase1 import1 export1 or have custody1 control1 or possession of1 any fish taken or retained in violation of this ,act or any regulation1 permit1 or agreement referred to in paragraph 7#a7 or 7#b72 7#g7 to interfere with1 delay1 or prevent1 by any means1 the apprehension or arrest of another person1 knowing that such other person has committed any act prohibited by this section2 7#h7 to knowingly and willfully submit to the ,secretary false information regarding any matter that the ,secretary is considering in the course of carrying out this ,act2 7#i7 to forcibly assault1 resist1 oppose1 impede1 intimidate1 sexually harass1 bribe1 or interfere with any observer on a vessel under this ,act1 or any data collector employed by the ,national ,marine ,fisheries ,service or under contract to any person to carry out responsibilities under this ,act2 7#aj7 to engage in fishing in violation of any regulation adopted pursuant to section #f of this ,act2 7#aa7 to ship1 transport1 purchase1 sell1 offer for sale1 import1 export1 or have in custody1 possession1 or control any fish taken or retained in violation of such regulations2 7#ab7 to fail to make1 keep1 or furnish any catch returns1 statistical records1 or other reports as are required by regulations adopted pursuant to this ,act to be made1 kept1 or furnished2 7#ac7 to fail to stop a vessel upon being hailed and instructed to stop by a duly authorized official of the ,united ,states2 or 7#ad7 to import1 in violation of any regulation adopted pursuant to section #f of this ,act1 any fish in any form of those species subject to regulation pursuant to a recommendation1 resolution1 or decision of the ,commission1 or any tuna in any form not under regulation but under investigation by the ,commission1 during the period such fish have been denied entry in accordance with the provisions of section #f of this ,act1 unless such person provides such proof as the ,secretary of ,commerce may require that a fish described in this paragraph offered for entry into the ,united ,states is not ineligible for such entry under the terms of section #f of this ,act4 4 #djg4 ,enforcement ,section #aj 7#af ,u4,s4,c4 #iei7 is amended to read as follows3 #aj4 ,enforcement ,this ,act shall be enforced under section #aja of the ,international ,fisheries ,stewardship and ,enforcement ,act4 4 #djh4 ,reduction of bycatch ,section #ae 7#af ,u4,s4,c4 #ifb7 is amended by striking vessel and inserting vessels4 #dji4 ,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 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,international ,fisheries ,stewardship and ,enforcement ,act4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,administration and enforcement of certain fishery and related statutes,sec4 #aja4 ,authority of the ,secretary of ,commerce to enforce statutes4,sec4 #ajb4 ,conforming1 minor1 and technical amendments4,sec4 #ajc4 ,illegal1 unreported1 or unregulated fishing4,sec4 #ajd4 ,liability4,,title ,,ii--,law enforcement and international operations,sec4 #bja4 ,international fisheries enforcement4,sec4 #bjb4 ,international cooperation and assistance4,,title ,,iii--,miscellaneous amendments,sec4 #cja4 ,atlantic ,tunas ,convention ,act of #aige4,sec4 #cjb4 ,data sharing4,sec4 #cjc4 ,permits under the ,high ,seas ,fishing ,compliance ,act of #aiie4,sec4 #cjd4 ,committee on scientific cooperation for ,pacific salmon agreement4,,title ,,iv--,implementation of the ,antigua ,convention,sec4 #dja4 ,short title2 references to the ,tuna ,conventions ,act of #aiej4,sec4 #djb4 ,definitions4,sec4 #djc4 ,commissioners2 number1 appointment1 and qualifications4,sec4 #djd4 ,general advisory committee and scientific advisory subcommittee4,sec4 #dje4 ,rulemaking4,sec4 #djf4 ,prohibited acts4,sec4 #djg4 ,enforcement4,sec4 #djh4 ,reduction of bycatch4,sec4 #dji4 ,repeal of ,eastern ,pacific ,tuna ,licensing ,act of #aihd4,sec4 #daj4 ,conforming amendments to the ,marine ,mammal ,protection ,act of #aigb4 ,i ,administration and enforcement of certain fishery and related statutes #aja4 ,authority of the ,secretary of ,commerce to enforce statutes 7a7 ,in general 7#a7 ,enforcement ,the ,secretary of ,commerce and the ,secretary of the department in which the ,coast ,guard is operating shall enforce the ,acts to which this section applies in accordance with the provisions of this section4 7#b7 ,nondepartmental resources ,the ,secretary of ,commerce 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 including all elements of the ,department of ,defense1 and of any ,state agency1 in carrying out this section4 7#c7 ,application ,this section applies to-- 7,a7 the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;d et seq472 7,b7 the ,pacific ,salmon ,treaty ,act of #aihe 7#af ,u4,s4,c4 #cfca et seq472 7,c7 the ,dolphin ,protection ,consumer ,information ,act 7#af ,u4,s4,c4 #ache72 7,d7 the ,tuna ,conventions ,act of #aiej 7#af ,u4,s4,c4 #iea et seq472 7,e7 the ,north ,pacific ,anadromous ,stocks ,act of #aiib 7#af ,u4,s4,c4 #ejja et seq472 7,f7 the ,south ,pacific ,tuna ,act of #aihh 7#af ,u4,s4,c4 #igc et seq472 7,g7 the ,antarctic ,marine ,living ,resources ,convention ,act of #aihd 7#af ,u4,s4,c4 #bdca et seq472 7,h7 the ,atlantic ,tunas ,convention ,act of #aige 7#af ,u4,s4,c4 #iga et seq472 7,i7 the ,northwest ,atlantic ,fisheries ,convention ,act of #aiie 7#af ,u4,s4,c4 #efja et seq472 7,j7 the ,western and ,central ,pacific ,fisheries ,convention ,implementation ,act 7#af ,u4,s4,c4 #fija et seq472 7,k7 the ,northern ,pacific ,halibut ,act of #aihb 7#af ,u4,s4,c4 #ggc et seq472 7,l7 the ,antigua ,convention ,implementing ,act of #bjac2 and 7,m7 any other ,act in pari materia1 so designated by the ,secretary after notice and an opportunity for a hearing4 7b7 ,administration and enforcement ,the ,secretary of ,commerce shall prevent any person from violating any ,act to which this section applies 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 each such ,act4 ,except as provided in subsection 7c71 any person that violates any ,act to which this section applies shall be subject to the penalties1 and entitled to the privileges and immunities1 provided in the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq47 in the same manner and by the same means as though sections #cjh through #caa of that ,act 7#af ,u4,s4,c4 #aheh through #ahfa7 were incorporated into and made a part of each such ,act4 7c7 ,special rules 7#a7 ,in general ,notwithstanding the incorporation by reference of certain sections of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act under subsection 7b71 if there is a conflict between a provision of this subsection and the corresponding provision of any section of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act so incorporated1 the provision of this subsection shall apply4 7#b7 ,additional enforcement authority ,in addition to the powers of officers authorized pursuant to subsection 7b71 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 7a7 to enforce the provisions of any ,act to which this section applies may1 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 ,act-- 7,a7 search or inspect any facility or conveyance used or employed in1 or which reasonably appears to be used or employed in1 the storage1 processing1 transport1 or trade of fish or fish products2 7,b7 inspect records pertaining to the storage1 processing1 transport1 or trade of fish or fish products2 7,c7 detain1 for a period of up to #ad days1 any shipment of fish or fish product imported into1 landed on1 introduced into1 exported from1 or transported within the jurisdiction of the ,united ,states1 or1 if such fish or fish product is deemed to be perishable1 sell and retain the proceeds therefrom for a period of up to #ad days2 7,d7 carry firearms and make an arrest1 in accordance with any guidelines which may be issued by the ,attorney ,general1 for any offense under the laws of the ,united ,states committed in the officer's presence1 or for the commission of any felony under the laws of the ,united ,states1 if the officer has reasonable grounds to believe that the person to be arrested has committed or is committing a felony2 7,e7 search and seize1 in accordance with any guidelines which may be issued by the ,attorney ,general2 and 7,f7 execute and serve any subpoena1 arrest warrant1 search warrant issued in accordance with rule #da of the ,federal ,rules of ,criminal ,procedure1 or other warrant or civil or criminal process issued by any officer or court of competent jurisdiction4 7#c7 ,northern ,pacific ,halibut ,act of #aihb ,notwithstanding the provisions of subsection 7b7-- 7,a7 any person who is found by the ,secretary1 after notice and opportunity for a hearing in accordance with section #eed of title #e1 ,united ,states ,code1 to have committed an act prohibited under section #g of the ,northern ,pacific ,halibut ,act of #aihb 7#af ,u4,s4,c4 #ggc;e7 shall be liable to the ,united ,states for a civil penalty under section #h of that ,act 7#af ,u4,s4,c4 #ggc;f72 7,b7 any act prohibited under subparagraphs 7,b71 7,c71 7,d71 or 7,f7 of section #g7a7 or section #g7b7 of the ,northern ,pacific ,halibut ,act of #aihb 7#af ,u4,s4,c4 #ggc;e7 is punishable under section #i of that ,act 7#af ,u4,s4,c4 #ggc;g72 and 7,c7 the ,secretary1 in cooperation with such other agencies as may be appropriate1 may conduct or cause to be conducted investigations in accordance with section #aa7;d7 of the ,northern ,pacific ,halibut ,act of #aihb 7#af ,u4,s4,c4 #ggc;i7d77 as are deemed necessary to carry out the purposes of the ,northern ,pacific ,halibut ,act of #aihb 7#af ,u4,s4,c4 #ggc et seq474 7#d7 ,information collection1 maintenance and use 7,a7 ,in general ,the ,secretary of ,commerce and the head of each department and agency providing personnel for the task force under section #bja1 to the maximum extent permissible under law1 shall share all applicable information1 intelligence1 and data1 related to the harvest1 transportation1 or trade of fish and fish product for the purposes under section #bja7;a77#b74 7,b7 ,coordination of data ,the ,secretary of ,commerce1 through the task force under section #bja1 shall coordinate the collection1 storage1 analysis1 and dissemination of all applicable information1 intelligence1 and data related to the harvest1 transportation1 or trade of fish and fish product collected or maintained by a member agency of the task force4 7,c7 ,confidentiality ,the ,secretary of ,commerce1 through the task force under section #bja1 shall ensure the protection and confidentiality required by law for information1 intelligence1 and data related to the harvest1 transportation1 or trade of fish and fish product obtained by the task force4 7,d7 ,data standardization ,the ,secretary of ,commerce and the head of each department and agency providing personnel for the task force1 to the maximum extent practicable1 shall develop data standardization for fisheries related data for each member agency of the task force under section #bja and with international fisheries enforcement databases as appropriate4 7,e7 ,assistance from intelligence community ,upon request of the ,secretary of ,commerce1 elements of the intelligence community 7as defined in section #c7d7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #dja;a7#d777 shall collect information related to illegal1 unreported1 or unregulated fishing activity outside the ,united ,states about individuals who are not ,united ,states persons 7as defined in section #aje;,a7c77#b7 of such ,act 7#ej ,u4,s4,c4 #djc-e;a7c77#b7774 ,such elements of the intelligence community shall collect and share such information with the ,secretary through the task force under section #bja of this ,act for law enforcement purposes in order to detect and investigate illegal1 unreported1 or unregulated fishing activities and to carry out the provisions of this ,act4 ,all collection and sharing of information shall be in accordance with the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #dja et seq474 7,f7 ,information sharing 7i7 ,in general ,subject to clause 7ii71 the ,secretary of ,commerce1 through the task force under section #bja1 shall have authority to share fisheries-related data with-- 7,i7 other ,federal or ,state government agencies2 7,,ii7 foreign governments2 7,,iii7 the ,food and ,agriculture ,organization formed at ,quebec1 ,canada1 on ,october #af1 #aide2 or 7,,iv7 the secretariat or equivalent of an international fisheries management organization or arrangement made pursuant to an international fishery agreement4 7ii7 ,limitations ,an entity listed under clause 7i7 may receive data under this subparagraph if-- 7,i7 the entity has policies and procedures to safeguard such data from unintended or unauthorized disclosure2 and 7,,ii7 the exchange of information is necessary-- 7aa7 to ensure compliance with any law 7including regulations7 enforced or administered by the ,secretary of ,commerce2 7bb7 to administer or enforce treaties to which the ,united ,states is a party2 7cc7 to administer or enforce binding conservation measures adopted by any international organization or arrangement to which the ,united ,states is a party2 7dd7 to assist in investigative1 judicial1 or administrative enforcement proceedings in the ,united ,states2 or 7ee7 to assist in any fisheries or living marine resource related law enforcement action undertaken by a law enforcement agency of a foreign government1 or in relation to a legal proceeding undertaken by a foreign government4 7d7 ,district court jurisdiction ,the several district courts of the ,united ,states shall have jurisdiction over any actions arising under this section4 ,for the purpose of this section1 ,american ,samoa shall be included within the judicial district of the ,district ,court of the ,united ,states for the ,district of ,hawaii4 ,each violation shall be a separate offense and the offense shall be deemed to have been committed not only in the district where the violation first occurred1 but also in any other district as authorized by law4 ,any offenses not committed in any district are subject to the venue provisions of section #cbch of title #ah1 ,united ,states ,code4 7e7 ,prohibited acts ,for purposes of this section and each ,act to which this section applies1 it is unlawful for any person-- 7#a7 to violate any provision of this section or any ,act to which this section applies or any regulation promulgated thereunder2 7#b7 to refuse to permit any authorized enforcement officer to board1 search1 or inspect a vessel1 conveyance1 or shoreside facility that is subject to the person's control for purposes of conducting any search1 investigation1 or inspection in connection with the enforcement of this section or any ,act to which this section applies or any regulation promulgated thereunder2 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 another person1 knowing that such person has committed any act prohibited by this section or any ,act to which this section applies2 7#f7 to forcibly assault1 resist1 oppose1 impede1 intimidate1 sexually harass1 bribe1 or interfere with any observer on a vessel under this section or any ,act to which this section applies1 or any data collector employed by or under contract to the ,national ,marine ,fisheries ,service to carry out responsibilities under this section or any ,act to which this section applies2 7#g7 to import1 export1 transport1 sell1 receive1 acquire1 or purchase in interstate or foreign commerce any fish or fish product taken1 possessed1 transported1 or sold in violation of any treaty or binding conservation measure adopted pursuant to an international agreement or organization to which the ,united ,states is a party2 or 7#h7 to make or submit any false record1 account1 or label for1 or any false identification of1 any fish or fish product 7including false identification of the species1 harvesting vessel or nation1 or the location where harvested7 which has been1 or is intended to be imported1 exported1 transported1 sold1 offered for sale1 purchased1 or received in interstate or foreign commerce4 7f7 ,regulations ,the ,secretary of ,commerce may promulgate such regulations1 in accordance with section #eec of title #e1 ,united ,states ,code1 as may be necessary to carry out this section or any ,act to which this section applies4 #ajb4 ,conforming1 minor1 and technical amendments 7a7 ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#a7 ,section #fjf of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;g7 is amended-- 7,a7 by inserting 7a7 ,detecting1 ,monitoring1 and ,preventing ,violations4-- before ,the ,president2 and 7,b7 by adding at the end the following3 7b7 ,enforcement ,this ,act shall be enforced under section #aja of the ,international ,fisheries ,stewardship and ,enforcement ,act4 4 7#b7 ,section #fjg of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;h7 is amended by inserting not later than ,june #a after #bjjf1 and4 7#c7 ,section #fjg7b7 of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;h7#b77 is amended by striking whose vessels and inserting that4 7#d7 ,section #fji7;a7 of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;j7a77 is amended to read as follows3 7a7 ,identification 7#a7 ,in general ,the ,secretary shall identify1 and list in the report under section #fjg1 a nation if that nation is engaged1 or has been engaged at any time during the preceding #c years1 in illegal1 unreported1 or unregulated fishing and-- 7,a7 such fishing undermines the effectiveness of measures required under the relevant international fishery management organization2 7,b7 the relevant international fishery management organization has failed to implement effective measures to end the illegal1 unreported1 or unregulated fishing activity by vessels of that nation1 or the nation is not a party to1 or does not maintain cooperating status with1 such organization2 or 7,c7 there is no international fishery management organization with a mandate to regulate the fishing activity in question4 7#b7 ,other identifying activities ,the ,secretary shall also identify1 and list in the report under section #fjg1 a nation if-- 7,a7 it is violating1 or has violated at any time during the preceding #c 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 measures1 taking into account the factors described in paragraph 7#a72 or 7,b7 it is failing1 or has failed at any time during the preceding #c years1 to effectively address or regulate illegal1 unreported1 or unregulated fishing4 7#c7 ,treatment of certain entities as if they were nations ,where the provisions of this ,act apply to the act1 or failure to act1 of a nation1 they shall also be applicable1 as appropriate1 to any other entity that is competent to enter into an international fishery management agreement4 4 7#e7 ,section #fji7;d77#a7 of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;j7d77#a77 is amended by striking of its fishing vessels each place it appears4 7#f7 ,section #fji7;d77#b7 of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;j7d77#b77 is amended-- 7,a7 by striking procedure for certification1 and inserting procedure12 7,b7 by striking basis of fish and inserting basis1 for allowing importation of fish2 7,c7 by striking harvesting nation not certified under paragraph 7#a7 and inserting nation issued a negative certification under paragraph 7#a72 and 7,d7 in subparagraph 7,a71 by striking under an international fishery management agreement to which the ,united ,states is a party2 or and inserting 2 and4 7#g7 ,section #faj7;a7 of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbfk7a77 is amended-- 7,a7 by striking calendar year each place it appears and inserting #c years2 and 7,b7 in paragraph 7#a71 by striking practices2 and inserting practices--4 7#h7 ,section #faj7;c77#e7 of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbfk7c77#e77 is amended by striking or fish or fish products not caught by the vessels engaged in illegal1 unreported1 or unregulated fishing4 7b7 ,dolphin ,protection ,consumer ,information ,act ,section #ija of the ,dolphin ,protection ,consumer ,information ,act 7#af ,u4,s4,c4 #ache7 is amended-- 7#a7 by adding at the end of subsection 7d7 the following3 7#d7 ,it is a violation of section #aja of the ,international ,fisheries ,stewardship and ,enforcement ,act for any person to assault1 resist1 oppose1 impede1 intimidate1 or interfere with an authorized officer in the conduct of any search1 investigation or inspection under this ,act4 and 7#b7 by amending subsection 7e7 to read as follows3 7e7 ,enforcement ,this ,act shall be enforced under section #aja of the ,international ,fisheries ,stewardship and ,enforcement ,act4 4 7c7 ,north ,pacific ,anadromous ,stocks ,act of #aiib 7#a7 ,unlawful activities ,section #haj of the ,north ,pacific ,anadromous ,stocks ,act of #aiib 7#af ,u4,s4,c4 #ejji7 is amended-- 7,a7 by striking purchases in paragraph 7#e7 and inserting purposes2 7,b7 by striking search or inspection in paragraph 7#e7 and inserting search1 investigation1 or inspection2 and 7,c7 by striking search or inspection in paragraph 7#f7 and inserting search1 investigation1 or inspection4 7#b7 ,administration and enforcement ,section #haa of the ,north ,pacific ,anadromous ,stocks ,act of #aiib 7#af ,u4,s4,c4 #ejaj7 is amended to read as follows3 #haa4 ,administration and enforcement ,this ,act shall be enforced under section #aja of the ,international ,fisheries ,stewardship and ,enforcement ,act4 4 7d7 ,pacific ,salmon ,treaty ,act of #aihe 7#a7 ,section #h of the ,pacific ,salmon ,treaty ,act of #aihe 7#af ,u4,s4,c4 #cfcg7 is amended-- 7,a7 in subsection 7a7-- 7i7 by striking search or inspection in paragraph 7#b7 and inserting search1 investigation1 or inspection2 and 7ii7 by striking search or inspection in paragraph 7#c7 and inserting search1 investigation1 or inspection2 and 7,b7 by striking subsections 7b7 through 7f7 and inserting the following3 7b7 ,administration and enforcement ,this ,act shall be enforced under section #aja of the ,international ,fisheries ,stewardship and ,enforcement ,act4 4 7#b7 ,section #af7;d77#b77;,a7 of the ,pacific ,salmon ,treaty ,act of #aihe 7#af ,u4,s4,c4 #cfde7;d77#b77;,a77 is amended by striking and between #bjjb1 and #bjjc4 7e7 ,south ,pacific ,tuna ,act of #aihh 7#a7 ,prohibited acts ,section #e7;a7 of the ,south ,pacific ,tuna ,act of #aihh 7#af ,u4,s4,c4 #igc;c7a77 is amended-- 7,a7 by striking a search or inspection in paragraph 7#h7 and inserting any search1 investigation1 or inspection2 and 7,b7 by striking a search or inspection in paragraph 7#aj77;,a7 and inserting any search1 investigation1 or inspection4 7#b7 ,administration and enforcement ,the ,south ,pacific ,tuna ,act of #aihh 7#af ,u4,s4,c4 #igc et seq47 is amended by striking sections #g and #h 7#af ,u4,s4,c4 #igc;e and #igc;f7 and inserting the following3 #g4 ,administration and enforcement ,this ,act shall be enforced under section #aja of the ,international ,fisheries ,stewardship and ,enforcement ,act4 4 7f7 ,antarctic ,marine ,living ,resources ,convention ,act of #aihd 7#a7 ,unlawful activities ,section #cjf of the ,antarctic ,marine ,living ,resources ,convention ,act 7#af ,u4,s4,c4 #bdce7 is amended-- 7,a7 in paragraph 7#c71 by striking which he knows1 or reasonably should have known1 was2 7,b7 in paragraph 7#d71 by striking search or inspection and inserting search1 investigation1 or inspection2 and 7,c7 in paragraph 7#e71 by striking search or inspection and inserting search1 investigation1 or inspection4 7#b7 ,regulations ,section #cjg of the ,antarctic ,marine ,living ,resources ,convention ,act 7#af ,u4,s4,c4 #bdcf7 is amended by inserting after title4 the following3 ,notwithstanding the provisions of subsections 7b7 and 7c7 of section #eec of title #e1 ,united ,states ,code1 the ,secretary of ,commerce may publish in the ,federal ,register a final rule to implement conservation measures that are in effect for #ab months or less1 adopted by the ,commission1 and not objected to by the ,united ,states within the time period allotted under ,article ,,ix of the ,convention44 7#c7 ,penalties and enforcement ,the ,antarctic ,marine ,living ,resources ,convention ,act 7#af ,u4,s4,c4 #bdca et seq47 is amended-- 7,a7 by striking sections #cjh and #cji 7#af ,u4,s4,c4 #bdcg and #bdch72 and 7,b7 in section #caj 7#af ,u4,s4,c4 #bdci7-- 7i7 by striking subsections 7b71 7c71 and 7d72 7ii7 by redesignating subsection 7e7 as subsection 7c72 and 7iii7 by inserting after subsection 7a7 the following3 7b7 ,administration and enforcement ,this title shall be enforced under section #aja of the ,international ,fisheries ,stewardship and ,enforcement ,act4 4 7g7 ,atlantic ,tunas ,convention ,act of #aige 7#a7 ,violations ,section #g of the ,atlantic ,tunas ,convention ,act of #aige 7#af ,u4,s4,c4 #iga;e7 is amended-- 7,a7 by striking subsections 7e7 and 7f72 and 7,b7 by redesignating subsection 7g7 as subsection 7e74 7#b7 ,enforcement ,section #h of the ,atlantic ,tunas ,convention ,act of #aige 7#af ,u4,s4,c4 #iga;f7 is amended-- 7,a7 by striking subsections 7a7 and 7c72 7,b7 by striking 7b7 ,international ,enforcement4-- in subsection 7b7 and inserting ,this ,act shall be enforced under section #aja of the ,international ,fisheries ,stewardship and ,enforcement ,act42 and 7,c7 by striking shall have the authority to carry out the enforcement activities specified in section #h7;a7 of this ,act each place it appears and inserting shall enforce this ,act4 7h7 ,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 ,,penalties4 and inserting ,,and ,,enforcement42 7#b7 in subsection 7a7-- 7,a7 by striking search or inspection in paragraph 7#b7 and inserting search1 investigation1 or inspection2 and 7,b7 by striking search or inspection in paragraph 7#c7 and inserting search1 investigation1 or inspection2 and 7#c7 by striking subsections 7b7 through 7f7 and inserting the following3 7b7 ,administration and enforcement ,this title shall be enforced under section #aja of the ,international ,fisheries ,stewardship and ,enforcement ,act4 4 7i7 ,western and ,central ,pacific ,fisheries ,convention ,implementation ,act 7#a7 ,administration and enforcement ,section #ejf7;c7 of the ,western and ,central ,pacific ,fisheries ,convention ,implementation ,act 7#af ,u4,s4,c4 #fije7;c77 is amended to read as follows3 7c7 ,administration and enforcement ,this title shall be enforced under section #aja of the ,international ,fisheries ,stewardship and ,enforcement ,act4 4 7#b7 ,prohibited acts ,section #ejg7;a77#b7 of the ,western and ,central ,pacific ,fisheries ,convention ,implementation ,act 7#af ,u4,s4,c4 #fijf7;a77#b77 is amended by striking suspension1 on and inserting suspension of4 7j7 ,northern ,pacific ,halibut ,act of #aihb 7#a7 ,prohibited acts ,section #g of the ,northern ,pacific ,halibut ,act of #aihb 7#af ,u4,s4,c4 #ggc;e7 is amended-- 7,a7 by redesignating paragraphs 7#a7 through 7#f7 of subsection 7a71 as subparagraphs 7,a7 through 7,f71 respectively2 7,b7 by redesignating subsections 7a7 and 7b7 as paragraphs 7#a7 and 7#b71 respectively2 7,c7 in paragraph 7#a77;,b71 as redesignated1 by striking search or inspection and inserting search1 investigation1 or inspection2 and 7,d7 in paragraph 7#a77;,c71 as redesignated1 by striking search or inspection described in paragraph 7#b7 and inserting search1 investigation1 or inspection described in subparagraph 7,b74 7#b7 ,administration and enforcement ,the ,northern ,pacific ,halibut ,act of #aihb 7#af ,u4,s4,c4 #ggc et seq47 is amended-- 7,a7 in section #h 7#af ,u4,s4,c4 #ggc;f7-- 7i7 by striking the subsection designation and heading preceding the text of subsection 7a72 and 7ii7 by striking subsections 7b7 through 7e72 7,b7 in section #i7;a7 7#af ,u4,s4,c4 #ggc;g7a771 by striking section #g7;a77#b71 7#c71 7#d71 or 7#f72 or section #g7;b7 and inserting section #g7a77;,b71 7,c71 7,d71 or 7,f7 or section #g7b72 7,c7 by striking section #aj 7#af ,u4,s4,c4 #ggc;h72 and 7,d7 in section #aa 7#af ,u4,s4,c4 #ggc;i7-- 7i7 by striking subsections 7b7 through 7d7 of section #aa 7#af ,u4,s4,c4 #ggc;i7 and inserting the following3 7b7 ,administration and enforcement ,this ,act shall be enforced under section #aja of the ,international ,fisheries ,stewardship and ,enforcement ,act4 2 and 7ii7 by redesignating subsections 7e7 and 7f7 as subsections 7c7 and 7d71 respectively4 7k7 ,national ,sea ,grant ,college ,program ,reauthorization ,act of #aiih ,section #aj of the ,national ,sea ,grant ,college ,program ,reauthorization ,act of #aiih 7#ae ,u4,s4,c4 #aeda7 is amended by striking the ,united ,states ,coast ,guard each place it appears and inserting another ,federal agency4 #ajc4 ,illegal1 unreported1 or unregulated fishing 7a7 ,amendment of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#a7 ,section #fjh of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;i71 as amended by section #cjb7;a7 of this ,act1 is further amended by adding at the end the following3 7c7 ,vessels and vessel owners engaged in illegal1 unreported1 or unregulated fishing ,the ,secretary may-- 7#a7 develop1 maintain1 and make public a list of vessels and vessel owners that are engaged1 or have been engaged at any point during the preceding #b years1 in 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 whether or not the ,united ,states is a party to such organization or arrangement2 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 and trade agreements2 and 7#c7 provide notification to the public of vessels and vessel owners identified by international fishery management organizations or arrangements made pursuant to an international fishery agreement as having been engaged in illegal1 unreported1 or unregulated fishing1 as well as any measures adopted by such organizations or arrangements to address illegal1 unreported1 or unregulated fishing4 7d7 ,restrictions on port access or use ,action taken by the ,secretary under subsection 7c77#b7 that includes measures to restrict use of or access to ports or port services shall apply to all ports of the ,united ,states and its territories4 7e7 ,regulations ,the ,secretary may promulgate regulations to implement subsections 7c7 and 7d74 4 7#b7 ,section #fji of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;j7 is amended-- 7,a7 in subsection 7d77#c77;,a77i71 by striking that has not been certified by the ,secretary under this subsection1 or2 7,b7 in subsection 7e77#b71 by striking ,within #c months after the date of enactment of the ,magnuson-,stevens ,fishery ,conservation and ,management ,reauthorization ,act of #bjjf and inserting ,not later than #ahj days after the date of enactment of the ,international ,fisheries ,stewardship and ,enforcement ,act2 and 7,c7 in subsection 7e77#c7-- 7i7 by striking and at the end of subparagraph 7,b72 7ii7 by striking agreement4 and inserting agreement2 and2 and 7iii7 by adding at the end the following3 7,d7 to the extent possible-- 7i7 fishing activities conducted by foreign vessels in waters under the jurisdiction of a nation without permission of that nation2 and 7ii7 fishing activities conducted by foreign vessels in contravention of a nation's laws 7including regulations71 including fishing activity that has not been reported or that has been misreported to the relevant national authority of a nation in contravention of that nation's laws 7including regulations74 4 7#c7 ,section #faj7;c77#e7 of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbfk7c77#e77 is amended by striking that has not been certified by the ,secretary under this subsection1 or4 7b7 ,amendment of the ,high ,seas ,driftnet ,fisheries ,enforcement ,act 7#a7 ,section #aja of the ,high ,seas ,driftnet ,fisheries ,enforcement ,act 7#af ,u4,s4,c4 #ahbf;a7 is amended-- 7,a7 in subsection 7a71 by striking paragraph 7#b7 and inserting the following3 7#b7 ,denial of port privileges ,the ,secretary of the ,treasury shall1 to the extent consistent with international law-- 7,a7 withhold or revoke the clearance required by section #fjaje of title #df1 ,united ,states ,code1 for-- 7i7 any large-scale driftnet fishing vessel that is documented under the law of the ,united ,states or of a nation included on a list published under paragraph 7#a72 or 7ii7 any fishing vessel of a nation that receives 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;j7d7 or #ahbfk7c772 and 7,b7 deny entry of that vessel to any place in the ,united ,states and to the navigable waters of the ,united ,states1 except for the purpose of inspecting the vessel1 conducting an investigation1 or taking other appropriate enforcement action4 2 and 7,b7 in subsection 7b7-- 7i7 by striking or illegal1 unreported1 or unregulated fishing each place it appears in paragraphs 7#a7 and 7#b72 7ii7 by striking paragraph 7#c77;,a7 and inserting the following3 7,a7 ,prohibition ,the ,president shall direct the ,secretary of the ,treasury to prohibit the importation into the ,united ,states of fish and fish products and sport fishing equipment 7as that term is defined in section #dafb of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #dafb77 from a nation-- 7i7 upon receipt of notification of the identification of the nation under paragraph 7#a77;,a72 7ii7 if the consultations with the government of the nation under paragraph 7#b7 are not satisfactorily concluded within ninety days2 or 7iii7 upon receipt of notification of a negative certification under section #fji7;d77#a7 or #faj7;c77#a7 of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;j7d77#a7 and #ahbfk7c77#a774 2 7iii7 by inserting or after issuing a negative certification under section #fji7;d77#a7 or #faj7;c77#a7 of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;j7d77#a7 and #ahbfk7c77#a771 after paragraph 7#a71 in paragraph 7#d77;,a72 and 7iv7 by striking paragraph 7#d77;,a77i7 and inserting the following3 7i7 any prohibition established under paragraph 7#c7 is insufficient to cause that nation-- 7,i7 to terminate large-scale driftnet fishing conducted by its nationals and vessels beyond the exclusive economic zone of any nation2 7,,ii7 to address illegal1 unreported1 or unregulated fishing activities for which a nation has been identified under section #fji of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;j72 or 7,,iii7 to address bycatch of a protected living marine resource or shark catch on the high seas for which a nation has been identified under section #faj of such ,act 7#af ,u4,s4,c4 #ahbfk72 or 4 7#b7 ,section #ajb of the ,high ,seas ,driftnet ,fisheries ,enforcement ,act 7#af ,u4,s4,c4 #ahbf;b7 is amended by striking such nation has terminated large-scale driftnet fishing or illegal1 unreported1 or unregulated fishing by its nationals and vessels beyond the exclusive economic zone of any nation4 and inserting such nation-- 7#a7 has terminated large-scale driftnet fishing by its nationals and vessels beyond the exclusive economic zone of any nation2 7#b7 has addressed illegal1 unreported1 or unregulated fishing activities for which a nation has been identified under section #fji of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;j72 or 7#c7 has addressed bycatch of a protected living marine resource or shark catch on the high seas for which a nation has been identified under section #faj of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbfk74 4 #ajd4 ,liability ,any claims arising from the actions of any officer1 authorized by the ,secretary of ,commerce or the ,secretary of the department in which the ,coast ,guard is operating to enforce the provisions of this ,act or any ,act to which this ,act applies1 taken pursuant to any scheme for at-sea boarding and inspection authorized under any international agreement to which the ,united ,states is a party may be pursued under chapter #aga of title #bh1 ,united ,states ,code1 or such other legal authority as may be pertinent4 ,,ii ,law enforcement and international operations #bja4 ,international fisheries enforcement 7a7 ,establishment of international fisheries enforcement task force 7#a7 ,in general ,not later than #ab months after the date of enactment of this ,act1 the ,secretary of ,commerce shall establish1 through the ,national ,marine ,fisheries ,service's international enforcement program1 an interagency ,international ,fisheries ,enforcement ,task ,force4 7#b7 ,purposes ,the purposes of the task force shall be-- 7,a7 to detect and investigate illegal1 unreported1 or unregulated fishing activity and trafficking in the resulting fish or fish product2 and 7,b7 to enforce the provisions of this ,act or any ,act to which section #aja applies4 7#c7 ,membership ,the task force shall include permanent representation from-- 7,a7 the ,national ,marine ,fisheries ,service's international enforcement program2 7,b7 the ,u4,s4 ,coast ,guard2 7,c7 ,u4,s4 ,customs and ,border ,protection2 7,d7 the ,u4,s4 ,food and ,drug ,administration2 and 7,e7 such other ,federal agencies as the ,secretary considers appropriate and necessary to carry out the purposes under paragraph 7#b74 7b7 ,task force organization 7#a7 ,staffing and other resources ,the ,secretary of ,commerce and the head of each department and agency identified under subsection 7a77#c7 shall-- 7,a7 by agreement1 on a reimbursable basis or otherwise1 provide permanent representation to the task force2 7,b7 by agreement1 on a reimbursable basis or otherwise1 share personnel1 services1 equipment 7including aircraft and vessels71 and facilities with the task force for the purposes under subsection 7a77#b72 and 7,c7 to the extent possible1 and consistent with other applicable law1 extend the authorities provided under their enabling legislation to the other departments and agencies participating in the task force4 7#b7 ,budget ,the ,secretary of ,commerce and the head of each department and agency providing personnel for the task force1 at their discretion1 may develop interagency plans and budgets and engage in interagency financing for such purposes4 7#c7 #e-year strategic plan ,not later than #ahj days after the date on which the task force is established under subsection 7a71 the ,secretary of ,commerce shall develop a #e-year strategic plan for guiding interagency and intergovernmental international fisheries enforcement efforts to carry out the provisions of this ,act4 ,the ,secretary shall update the plan periodically as necessary1 but at least once every #e years4 7#d7 ,cooperative activities ,the ,secretary1 in coordination with the head of each department and agency providing personnel for the task force-- 7,a7 may conduct one or more joint operations for the purposes under subsection 7a77#b72 7,b7 shall1 to the maximum extent permissible under law1 create and participate in committees or other working groups with other ,federal1 ,state1 or local governments1 and with the governments of other nations for the purposes under subsection 7a77#b72 7,c7 may enter into agreements with other ,federal1 ,state1 or local governments1 and with the governments of other nations1 on a reimbursable basis or otherwise1 for the purposes under subsection 7a77#b74 7c7 ,powers of authorized officers ,notwithstanding any other provision of law1 while operating under an agreement with the ,secretary of ,commerce entered into under section #aja1 or while conducting a joint operation under subsection 7b77#d7 of this section1 each authorized officer shall have the powers and authority provided in section #aja4 #bjb4 ,international cooperation and assistance 7a7 ,international cooperation and assistance ,the ,secretary of ,commerce may provide international cooperation and assistance for international capacity building efforts4 7b7 ,authorized activities ,in carrying out this section1 the ,secretary may-- 7#a7 provide technical expertise to other nations to assist them in addressing illegal1 unreported1 or unregulated fishing activities2 7#b7 provide technical expertise to other nations to assist them in reducing the loss and environmental impacts of derelict fishing gear1 reducing the bycatch of living marine resources1 and promoting international marine resource conservation2 7#c7 provide technical expertise1 and training1 in cooperation with the ,international ,fisheries ,enforcement ,task ,force under section #bja of this ,act1 to other nations to aid them in building capacity for enhanced fisheries management1 fisheries monitoring1 catch and trade tracking activities1 enforcement1 and international marine resource conservation2 7#d7 establish partnerships with other ,federal agencies1 as appropriate1 to ensure that fisheries development assistance to other nations is directed toward efforts that promote sustainable fisheries2 7#e7 conduct outreach and education efforts in order to promote public and private sector awareness of international fisheries sustainability issues1 including the need to combat illegal1 unreported1 or unregulated fishing activity and to promote international marine resource conservation2 and 7#f7 use1 with their consent1 with reimbursement and subject to the limits of available appropriations1 the land1 services1 equipment1 personnel1 and facilities of any department1 agency1 or instrumentality of the ,united ,states1 or of any ,state1 local government1 ,indian tribal government1 ,territory1 or possession1 or of any political subdivision thereof1 or of any foreign government or international organization1 for purposes related to carrying out the responsibilities of any statute administered by the ,national ,oceanic and ,atmospheric ,administration2 and 7#g7 accept and expend funds from other ,federal agencies or foreign governments to carry out the purposes of this section4 7c7 ,guidelines ,the ,secretary may establish guidelines as necessary to implement this section4 ,,iii ,miscellaneous amendments #cja4 ,atlantic ,tunas ,convention ,act of #aige ,section #f of the ,atlantic ,tunas ,convention ,act of #aige 7#af ,u4,s4,c4 #iga;d7c77#b77 is amended-- 7#a7 in the first sentence-- 7,a7 by striking 7,a7 and inserting 7i72 and 7,b7 by striking 7,b7 and inserting 7ii72 7#b7 by inserting 7,a7 after 7#b72 and 7#c7 by adding at the end thereof the following3 7,b7 ,the ,secretary may issue final regulations to implement ,commission recommendations referred to in paragraph 7#a7 of this subsection concerning trade restrictive measures against nations or fishing entities without regard to the requirements of subparagraph 7,a7 of this paragraph and subsections 7b7 and 7c7 of section #eec of title #e1 ,united ,states ,code4 4 #cjb4 ,data sharing 7a7 ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act ,section #fjh of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;i7 is amended-- 7#a7 by inserting 7a7 ,in general4-- before ,the ,secretary12 7#b7 by striking organizations the first place it appears and inserting1 organizations1 or arrangements made pursuant to an international fishery agreement 7as defined in section #c7bd7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahjb7bd77712 7#c7 by striking and after the semicolon in paragraph 7#c72 7#d7 by striking territories4 in paragraph 7#d7 and inserting territories2 and2 and 7#e7 by adding at the end thereof the following3 7#e7 urging other nations1 through the regional fishery management organizations of which the ,united ,states is a member1 bilaterally and otherwise to seek and foster the sharing of accurate1 relevant1 and timely information-- 7,a7 to improve the scientific understanding of marine ecosystems2 7,b7 to improve fisheries management decisions2 7,c7 to promote the conservation of protected living marine resources2 7,d7 to combat illegal1 unreported1 and unregulated fishing2 and 7,e7 to improve compliance with conservation and management measures in international waters4 7b7 ,information sharing ,in carrying out this section1 the ,secretary may disclose1 as necessary and appropriate1 information to the ,food and ,agriculture ,organization formed at ,quebec1 ,canada1 on ,october #af1 #aide1 international fishery management organizations1 or arrangements made pursuant to an international fishery agreement1 if such organizations or arrangements have policies and procedures to safeguard such information from unintended or unauthorized disclosure4 4 7b7 ,conforming amendment ,section #djb7;b77#a7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahha;a7b77#a77 is amended-- 7#a7 by striking or after the semicolon in subparagraph 7,g72 7#b7 by redesignating subparagraph 7,h7 as subparagraph 7,j72 and 7#c7 by inserting after subparagraph 7,g7 the following3 7,h7 to the ,food and ,agriculture ,organization formed at ,quebec1 ,canada1 on ,october #af1 #aide1 international fishery management organizations1 or arrangements made pursuant to an international fishery agreement as provided under section #fjh7;b7 of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;i7b772 7,i7 to any other ,federal or ,state government agency1 foreign government1 the ,food and ,agriculture ,organization formed at ,quebec1 ,canada1 on ,october #af1 #aide1 or the secretariat or equivalent of an international fisheries management organization or arrangement made pursuant to an international fishery agreement1 as provided under section #aja7;c77#i7 of the ,international ,fisheries ,stewardship and ,enforcement ,act2 or 4 #cjc4 ,permits under the ,high ,seas ,fishing ,compliance ,act of #aiie ,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 is void if-- 7#a7 #a or more permits or authorizations required for a vessel to fish1 in addition to a permit issued under this section1 expire1 are revoked1 or are suspended2 or 7#b7 the vessel is no longer eligible for ,united ,states documentation1 such documentation is revoked or denied1 or the vessel is deleted from such documentation4 4 #cjd4 ,committee on scientific cooperation for ,pacific salmon agreement ,section #aa of the ,pacific ,salmon ,treaty ,act of #aihe 7#af ,u4,s4,c4 #cfdj7 is amended-- 7#a7 by redesignating subsections 7c7 and 7d7 as subsections 7d7 and 7e71 respectively2 7#b7 by inserting after subsection 7b7 the following3 7c7 ,compensation of ,committee on scientific cooperation members ,members of the ,committee on ,scientific ,cooperation who are not ,state or ,federal employees shall receive compensation at a rate equivalent to the rate payable for level ,,iv of the ,executive ,schedule under section #ecae of title #e1 ,united ,states ,code1 when engaged in actual performance of duties for the ,commission4 2 and 7#c7 by striking #ga in subsection 7e71 as redesignated1 and inserting #aga4 ,,iv ,implementation of the ,antigua ,convention #dja4 ,short title2 references to the ,tuna ,conventions ,act of #aiej 7a7 ,short title ,this title may be cited as the ,antigua ,convention ,implementing ,act of #bjac4 7b7 ,references to 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 as amended 7#af ,u4,s4,c4 #iea et seq474 #djb4 ,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 subparagraphs 7,a7 and 7,b71 as the context requires4 7#d7 ,import ,the term import means to land on1 bring into1 or introduce into1 or attempt to land on1 bring into1 or introduce into1 any place subject to the jurisdiction of the ,united ,states1 whether or not such landing1 bringing1 or introduction constitutes an importation within the meaning of the customs laws of the ,united ,states4 7#e7 ,person ,the term person means an individual1 partnership1 corporation1 or association subject to the jurisdiction of the ,united ,states4 7#f7 ,united ,states ,the term ,united ,states includes all areas under the sovereignty of the ,united ,states4 7#g7 ,united ,states ,commissioners ,the term ,united ,states ,commissioners means the individuals appointed under section #c7;a74 7#h7 ,united ,states ,section ,the term ,united ,states ,section means the ,united ,states ,commissioners to the ,commission and a designee of the ,secretary of ,state4 4 #djc4 ,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 #e ,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 ,commissioners from among individuals who are knowledgeable or experienced concerning highly migratory fish stocks in the eastern tropical ,pacific ,ocean1 #a of which shall be an officer or employee of the ,department of ,commerce1 #a of which shall be the chairman or a member of the ,western ,pacific ,fishery ,management ,council1 and #a of which shall be the chairman or a member of the ,pacific ,fishery ,management ,council4 ,not more than #b ,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 ,united ,states 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 ,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 such ,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 ,united ,states ,commissioners1 although officers of the ,united ,states while so serving1 shall receive no compensation for their services as such ,united ,states ,commissioners or ,alternate ,united ,states ,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 ,commission and other meetings the ,secretary 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 #djd4 ,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 participation 7,a7 ,appointments ,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 ,u4,s4 delegation to the ,commission and its working groups to the extent the ,commission rules and space for delegations allow4 7,b7 ,additional members ,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 members of the ,general ,advisory ,committee by virtue of their positions in those ,councils4 7,c7 ,terms ,each member of the ,general ,advisory ,committee appointed under subparagraph 7,a7 shall serve for a term of #c years and shall be eligible for reappointment4 7,d7 ,non-executive meetings of the ,united ,states ,section ,the ,general ,advisory ,committee shall be invited to attend all non-executive meetings of the ,united ,states ,section 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 ,public participation ,the ,general ,advisory ,committee shall determine its organization1 and prescribe its practices and procedures for carrying out its functions under this chapter1 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 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 ,in general ,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 ,compensation ,an individual appointed to serve as a member of the ,general ,advisory ,committee-- 7i7 shall serve without pay1 but while away from home or regular place 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 a person employed intermittently in the ,government service is allowed expenses under section #egjc of title #e1 ,united ,states ,code2 and 7ii7 shall not be considered a ,federal employee 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 ,in general ,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 7,a7 ,public participation ,the ,scientific ,advisory ,subcommittee shall determine its organization1 and prescribe its practices and procedures for carrying out its functions under this chapter1 the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq471 and the ,convention4 ,the ,scientific ,advisory ,subcommittee shall publish and make available to the public a statement of its organization1 practices1 and procedures4 ,meetings of the ,scientific ,advisory ,subcommittee1 except when in executive session1 shall be open to the public1 and prior notice of meetings shall be made public in a timely fashion4 7,b7 ,information sharing ,the ,secretary and the ,secretary of ,state shall furnish the ,scientific ,advisory ,subcommittee with relevant information concerning fisheries and international fishery agreements4 7,c7 ,administrative matters 7i7 ,in general ,the ,secretary shall provide to the ,scientific ,advisory ,subcommittee in a timely manner such administrative and technical support services as are necessary for its effective functioning4 7ii7 ,compensation ,an individual appointed to serve as a member of the ,scientific ,advisory ,subcommittee-- 7,i7 shall serve without pay1 but while away from home or regular place of business to attend meetings of the ,scientific ,advisory ,subcommittee shall be allowed travel expenses1 including per diem in lieu of subsistence1 in the same manner as a person employed intermittently in the ,government service is allowed expenses under section #egjc of title #e1 ,united ,states ,code2 and 7,,ii7 shall not be considered a ,federal employee1 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 #ah1 ,united ,states ,code4 2 7#c7 in subsection 7b77#b71 by amending the heading to read as follows3 7#b7 ,functions and assistance 2 and 7#d7 in subsection 7b77#c71 by striking ,general ,advisory ,subcommittee and inserting ,general ,advisory ,committee4 #dje4 ,rulemaking ,section #f 7#af ,u4,s4,c4 #iee7 is amended-- 7#a7 by striking the section heading and inserting the following3 #f4 ,rulemaking 2 7#b7 by striking subsections 7a7 and 7b7 and inserting the following3 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 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 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 2 and 7#c7 in subsection 7c7-- 7,a7 by striking the subsection heading and inserting 7c7 ,additional authority42 7,b7 by striking ,regulations required to carry out and all that follows through respective jurisdictions42 7,c7 by striking application of any such regulations and inserting application of regulations promulgated to carry out the recommendations of the ,commission2 7,d7 by striking he and inserting the ,secretary of ,commerce2 and 7,e7 by striking ,the regulations thus promulgated and all that follows through the end of subsection 7c74 #djf4 ,prohibited acts ,section #h 7#af ,u4,s4,c4 #ieg7 is amended to read as follows3 #h4 ,prohibited acts ,it is unlawful for any person-- 7#a7 to violate any provision of this chapter or any regulation or permit issued pursuant to this ,act2 7#b7 to use any fishing vessel to engage in fishing after the revocation1 or during the period of suspension1 of an applicable permit issued pursuant to this ,act2 7#c7 to refuse to permit any officer authorized to enforce the provisions of this ,act 7as provided for in section #aj7 to board a fishing vessel subject to such person's control for the purposes of conducting any search1 investigation or inspection in connection with the enforcement of this ,act or any regulation1 permit1 or the ,convention2 7#d7 to forcibly assault1 resist1 oppose1 impede1 intimidate1 sexually harass1 bribe1 or interfere with any such authorized officer in the conduct of any search1 investigations or inspection in connection with the enforcement of this ,act or any regulation1 permit1 or the ,convention2 7#e7 to resist a lawful arrest for any act prohibited by this ,act2 7#f7 to ship1 transport1 offer for sale1 sell1 purchase1 import1 export1 or have custody1 control1 or possession of1 any fish taken or retained in violation of this ,act or any regulation1 permit1 or agreement referred to in paragraph 7#a7 or 7#b72 7#g7 to interfere with1 delay1 or prevent1 by any means1 the apprehension or arrest of another person1 knowing that such other person has committed any act prohibited by this section2 7#h7 to knowingly and willfully submit to the ,secretary false information regarding any matter that the ,secretary is considering in the course of carrying out this ,act2 7#i7 to forcibly assault1 resist1 oppose1 impede1 intimidate1 sexually harass1 bribe1 attempt to bribe1 or interfere with any observer on a vessel under the ,convention1 or any data collector employed by the ,national ,marine ,fisheries ,service or under contract to any person to carry out responsibilities under this ,act2 7#aj7 to engage in fishing in violation of any regulation adopted pursuant to section #f of this ,act2 7#aa7 to ship1 transport1 purchase1 sell1 offer for sale1 import1 export1 or have in custody1 possession1 or control any fish taken or retained in violation of such regulations2 7#ab7 to fail to make1 keep1 or furnish any catch returns1 statistical records1 or other reports as are required by regulations adopted pursuant to this ,act to be made1 kept1 or furnished2 7#ac7 to fail to stop a vessel upon being hailed and instructed to stop by a duly authorized official of the ,united ,states2 or 7#ad7 to import any fish in any form in violation of any regulation adopted pursuant to section #f of this ,act4 4 #djg4 ,enforcement ,section #aj 7#af ,u4,s4,c4 #iei7 is amended to read as follows3 #aj4 ,enforcement ,this ,act shall be enforced under section #aja of the ,international ,fisheries ,stewardship and ,enforcement ,act4 4 #djh4 ,reduction of bycatch ,section #ae 7#af ,u4,s4,c4 #ifb7 is amended by striking vessel and inserting vessels4 #dji4 ,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 #daj4 ,conforming amendments to the ,marine ,mammal ,protection ,act of #aigb ,the ,marine ,mammal ,protection ,act of #aigb 7#af ,u4,s4,c4 #acfa et seq47 is amended-- 7#a7 in section #aja7;a77#b77;,b77i77,,ii7 7#af ,u4,s4,c4 #acga7;a77#b77;,b77i77,,ii77 by striking article ,v1 paragraph #c of the ,convention establishing the ,inter-,american ,tropical ,tuna ,commission and inserting ,article ,,xxx of the ,convention for the ,strengthening of the ,inter-,american ,tropical ,tuna ,commission 7also known as the ,antigua ,convention72 7#b7 in section #ajh7;a77#b7 7#af ,u4,s4,c4 #acgh7;a77#b77-- 7,a7 by inserting and after the semicolon at the end of subparagraph 7,b72 7,b7 by striking subparagraph 7,c72 and 7,c7 by redesignating subparagraph 7,d7 as subparagraph 7,c72 and 7#c7 in section #cjg7;a77#a7 7#af ,u4,s4,c4 #adag7;a77#a77 by striking ,article ,v1 paragraph #c of the ,convention establishing the ,inter-,american ,tropical ,tuna ,commission and inserting ,article ,,xxx of the ,convention for the ,strengthening of the ,inter-,american ,tropical ,tuna ,commission 7also known as the ,antigua ,convention74 ,december #ag1 #bjac ,reported with an amendment