H.R. 9538 — Introduced in House

I 117th CONGRESS 2d Session H. R. 9538 IN THE HOUSE OF REPRESENTATIVES December 14, 2022Mr. Case (for himself and Mrs. Radewagen) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the South Pacific Tuna Act (16 U.S.C. 973 et seq.). 1. Short title; table of contents (a) Short title This Act may be cited as the South Pacific Tuna Act of 2022. (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents.Sec. 2. Amendment of South Pacific Tuna Act.Sec. 3. Definitions.Sec. 4. Prohibited acts.Sec. 5. Exceptions.Sec. 6. Criminal offenses.Sec. 7. Civil penalties.Sec. 8. Licenses.Sec. 9. Enforcement.Sec. 10. Findings by Secretary.Sec. 11. Reporting requirements; disclosure of information.Sec. 12. Closed area stowage requirements.Sec. 13. Observers.Sec. 14. Technical assistance.Sec. 15. Arbitration.Sec. 16. Disposition of fees, penalties, forfeitures, and other moneys.Sec. 17. Additional agreements.Sec. 18. Authorization of appropriations. 2. Amendment of South Pacific Tuna Act Except as otherwise expressly provided, wherever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the South Pacific Tuna Act (16 U.S.C. 973 et seq.). 3. Definitions (a) Applicable national law Section 2 (16 U.S.C. 973) is amended by striking described in paragraph 1(a) of Annex I of in paragraph (4) of section 2, and inserting in its place: noticed and in effect in accordance with. (b) Closed area Section 2 (16 U.S.C. 973) is amended by striking of the closed areas identified in Schedule 2 of Annex I of in paragraph (5) of section 2, and inserting in its place: area within the jurisdiction of a Pacific Island Party that is closed to vessels pursuant to that Party’s national laws, and is noticed and in effect in accordance with. (c) Fishing Section 2 (16 U.S.C. 973) is amended by— (1) inserting for any purpose after harvesting of fish at the end of paragraph (6)(C) of section 2; (2) striking aircraft at the beginning of paragraph (6)(F) of section 2; (3) striking , relating to the activities in paragraph (6)(F) of section 2, and inserting in its place: of any other vessel, vehicle, aircraft or hovercraft, for any activity; (4) striking flights in after except for in paragraph (6)(F) of section 2; (5) inserting the after health or safety of in paragraph (6)(F) of section 2; and (6) striking members after crew in paragraph (6)(F) of section 2. (d) Fishing vessel Section 2 (16 U.S.C. 973) is amended by— (1) inserting purse seine after used for commercial in paragraph (7) of section 2; and (2) inserting for tuna after purse seine fishing in paragraph (7) of section 2, as so amended. (e) Licensing area Section 2 (16 U.S.C. 973) is amended by striking in the Treaty Area except for and all that follows, including subparagraphs (A), (B), and (C), in paragraph (8) of section 2, and inserting in its place: under the jurisdiction of the Pacific Island Parties except for internal waters, territorial seas, archipelagic waters and any Closed Area.. (f) Limited area Section 2 (16 U.S.C. 973) is amended by— (1) striking paragraph (10) of section 2; and (2) redesignating existing paragraphs (11) through (14) of section 2 as paragraphs (10) through (13), respectively. (g) Regional terms and conditions Section 2 (16 U.S.C. 973) is amended by inserting after paragraph (13) of section 2, as so redesignated, the following new paragraph— (14) The term regional terms and conditions means any of the terms or conditions attached by the Administrator to the license issued by the Administrator, as notified by the Secretary. . (h) Treaty area Section 2 (16 U.S.C. 973) is amended by striking paragraph (18) of section 2. 4. Prohibited acts (a) Section 5(a) (16 U.S.C. 973c) is amended by— (1) striking Except as provided in section 973d of this title, it at the beginning of section 5(a), and inserting in its place: It; (2) striking paragraphs (3) and (4); (3) redesignating existing paragraphs (5) through (13) as paragraphs (3) through (11), respectively; (4) inserting , except in accordance with an agreement pursuant to the Treaty after Closed Area at the end of paragraph (3), as so redesignated; (5) striking or at the end of paragraph (10), as so redesignated; (6) striking . at the end of paragraph (11), as so resdesignated, and inserting in its place ;; and (7) inserting after paragraph (11), as so redesignated, the following new paragraphs— (12) to violate any of the regional terms and conditions; or (13) to violate any limit on authorized fishing effort or catch. . (b) Section 5(b) (16 U.S.C. 973c) is amended by— (1) striking Except as provided in section 973d of this title, it at the beginning of section 5(b), and inserting in its place: It; (2) striking paragraph (5); and (3) redesignating existing paragraphs (6) and (7) as paragraphs (5) and (6), respectively. 5. Exceptions (a) Section 6 (16 U.S.C. 973d) is amended by striking section 6, including the section heading of section 6 and subsections (a) and (b), and inserting in its place: Reserved. 6. Criminal offenses (a) Prohibited acts Section 7(a) (16 U.S.C. 973e) is amended by striking section 973c(a)(8), (10), (11), or (12), and inserting in its place: section 973c(a)(6), (8), (9), or (10). 7. Civil penalties (a) Determination of liability; amount; participation by secretary of state in assessment proceeding Section 8(a) (16 U.S.C. 973f) is amended by— (1) striking Code after liable to the United States; and (2) striking Except for those acts prohibited by section 973c(a)(4), (5), (7), (8), (10), (11), and (12), and section 973c(b)(1), (2), (3), and (7) of this title, the, and inserting in its place: The. (b) Waiver of referral to attorney general Section 8(g) (16 U.S.C. 973f) is amended by— (1) striking (8), (9), after (5), (6), (7), at the beginning of paragraph (g), and inserting in its place: (11), (12), or; and (2) striking , all Limited Areas closed to fishing, after outside of the Licensing Area in paragraph (2). 8. Licenses (a) Forwarding and transmittal of vessel license Application Section 9(b) (16 U.S.C. 973g) is amended by— (1) striking Except as provided in subsections at the beginning of section 9(b), and inserting in its place: In accordance with subsection; (2) inserting and except as provided in subsection after In accordance with subsection (e), at the beginning of section 9(b), as so amended; (3) striking , and (g) at the beginning of section 9(b); (4) striking to the Secretary of State for transmittal; and (5) striking , includes a complete application form as required by Annex II of the Treaty, and is accompanied by the required license fee at the end of section 9(b). (b) Fees and schedules Section 9(c) (16 U.S.C. 973g) is amended by— (1) striking and fee schedules in the section heading of section 9(c); (2) striking paragraph (1); (3) striking (2) After such initial year, fees for vessel licenses of paragraph (2), and inserting in its place: Fees required under the Treaty; (4) striking fee schedules established under Annex II of; and (5) striking published by the Secretary at the end of section 9(c), and inserting in its place: any procedures established by the Secretary. (c) Minimum fees required To be received in initial year of implementation for forwarding and transmittal of license Applications Section 9(f) (16 U.S.C. 973g) is amended by— (1) striking section 9(f); and (2) redesignating existing sections 9(g) and 9(h) as sections 9(f) and 9(g), respectively. (d) Grounds for denial of forwarding of license Application Section 9(f) (16 U.S.C. 973g), as so redesignated, is amended by striking chapter at the end of paragraph (4), and inserting in its place: title. (e) Grandfathering of vessels documented before november 3, 1995 Section 9(g) (16 U.S.C. 973g), as so redesignated, is amended by— (1) in paragraph (1), replacing 12108 with 12113; (2) striking Treaty after may fish for tuna in the in paragraph (3) and inserting in its place: Licensing; (3) striking including those waters subject to the jurisdiction of the United States in paragraph (3) and inserting in its place: and on the high seas and in waters subject to the jurisdiction of the United States west of 146° W. longitude and east of 129.5° E longitude; (4) striking treaty and after subject to the provisions of the in paragraph (3), and inserting in its place: Treaty,; (5) inserting and other applicable law, in paragraph (3) after this chapter,; (6) striking fishing in the Treaty Area after provided that no such vessel in paragraph (3); and (7) striking under the provisions of the Treaty or this chapter at the end of paragraph (3). 9. Enforcement (a) Notice requirements to pacific island party concerning institution and outcome of legal proceedings Section 10(c) (16 U.S.C. 973h) is amended by— (1) striking paragraph 8 of Article 4 of after notify the Pacific Island Party in accordance with in paragraph (1); and (2) striking Article 10 of after effective date of the notice under at the end of paragraph (1). (b) Searches and seizures by authorized officers; limitations on power Section 10(d) (16 U.S.C. 973h) is amended by— (1) striking or at the end of paragraph (1)(A)(ii); and (2) inserting or at the end of paragraph (1)(A)(iii). 10. Findings by Secretary (a) Order of vessel To leave waters upon failure To submit to jurisdiction of pacific island party; procedure Applicable Section 11(a) (16 U.S.C. 973i) is amended by— (1) striking , all Limited Areas, after leave immediately the Licensing Area in section 11(a); (2) striking paragraph 2 of Article 3 of after and that under in paragraph (1)(A); (3) striking within the Treaty Area after final determination deriving from a violation in waters in paragraph (1)(C), and inserting in its place: under the jurisdiction; (4) striking (a)(5), after section 973c(a)(4), in paragraph (2)(A); (5) striking (7) after section 973c(b) in paragraph (2)(B), and inserting in its place: (6); and (6) striking (7) after section 973c(b) in paragraph (2)(C), and inserting in its place: (6). (b) Order of vessel To leave waters where pacific island party investigating alleged treaty infringement Section 11(b) (16 U.S.C. 973i) is amended by striking paragraph 7 of Article 5 of after Parties has been made under. 11. Reporting requirements; disclosure of information (a) Section 12(a) (16 U.S.C. 973j) is amended by— (1) striking Holders of licenses at the beginning of section 12(a), and inserting in its place: Operators; and (2) striking of part 4 of Annex I to the Treaty at the end of section 12(a), and inserting in its place: established by the Secretary. (b) Section 12(b) (16 U.S.C. 973j) is amended by— (1) striking section 12(b), and inserting the following new paragraphs in its place— (b) The following information shall be confidential and shall not be disclosed, except in accordance with subsection (c) below— (1) information provided to the Secretary by the Administrator that the Administrator has designated confidential; (2) observer information; and (3) any information submitted to the Secretary by any person in compliance with the requirements of this title. (c) The Secretary may disclose information described in subsection (b): (1) if disclosure is required under court order; (2) if the information is used by Federal employees for enforcement, or in support of the Coast Guard’s homeland and national security missions as defined in 6 U.S.C. 468; (3) if the information is used by Federal employees or Fishery Management Council employees for Treaty administration or fishery management and monitoring; (4) to the Administrator, in accordance with the requirements of the Treaty and this title; (5) to the secretariat or equivalent of an international fisheries management organization of which the United States is a member, in accordance with its requirements or decisions, and insofar as possible, in accordance with an agreement that prevents public disclosure of the business or identity of any person; or (6) if the Secretary has obtained written authorization from the person providing such information, and release does not violate other requirements of this title. (d) Notwithstanding subsections (b) and (c) above, the Secretary may, by regulations, prescribe such procedures as may be necessary to preserve the confidentiality of information described in subsection (b), except that the Secretary may release or make public any such information in any aggregate or summary form, which does not directly or indirectly disclose the identity or business of any person submitting such information. . 12. Closed area stowage requirements (a) Section 13 (16 U.S.C. 973k) is amended by striking . In particular, the boom shall be lowered and all that follows, and inserting in its place: and in accordance with any requirements established by the Secretary.. 13. Observers (a) Section 14 (16 U.S.C. 973l) is amended by striking the text of section 14, including subsections (a), (b), and (c), and paragraphs (1), (2), (3), and (4) of subsection (a), and inserting in its place: Operators shall comply with the requirements established by the Secretary regarding vessel observers.. 14. Technical assistance (a) Section 15 (16 U.S.C. 973m) is amended by striking the text of section 15, and inserting the following new paragraph in its place— The Secretary and the Secretary of State may assist the Pacific Island Parties to achieve their objective of maximizing benefits to the Pacific Island Parties from the development of their fisheries resources and the operation of fishing vessels that are licensed pursuant to the Treaty. This may include the provision of technical assistance, training and capacity building opportunities, facilitation of the implementation of private sector activities or partnerships, and other activities as appropriate. . 15. Arbitration (a) Section 16 (16 U.S.C. 973n) is amended by— (1) striking Article 6 of after arbitral tribunal under; and (2) striking paragraph 3 of that Article, and inserting in its place: the Treaty, shall determine the location of the arbitration. 16. Disposition of fees, penalties, forfeitures, and other moneys (a) Section 17 (16 U.S.C. 973o) is amended by striking Article 4 of. 17. Additional agreements (a) Section 18 (16 U.S.C. 973p) is amended by striking the text of section 18, and inserting in its place: The Secretary may establish procedures for review of any agreements for additional fishing access entered into pursuant to the Treaty.. 18. Authorization of appropriations (a) Section 20(a) (16 U.S.C. 973r) is amended by striking section 20(a), including paragraphs (1) and (2), and inserting in its place: (a) There are authorized to be appropriated such sums as may be necessary for carrying out the purposes and provisions of the Treaty and this title..