,i #aagth ,,congress #b;d ,session ,h4 ,r4 #iech ,,in ,,the ,,house ,,of ,,representatives ,december #ad1 #bjbb,mr4 ,case 7for himself and ,mrs4 ,radewagen7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to amend the ,south ,pacific ,tuna ,act 7#af ,u4,s4,c4 #igc et seq474 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,south ,pacific ,tuna ,act of #bjbb4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,amendment of ,south ,pacific ,tuna ,act4,sec4 #c4 ,definitions4,sec4 #d4 ,prohibited acts4,sec4 #e4 ,exceptions4,sec4 #f4 ,criminal offenses4,sec4 #g4 ,civil penalties4,sec4 #h4 ,licenses4,sec4 #i4 ,enforcement4,sec4 #aj4 ,findings by ,secretary4,sec4 #aa4 ,reporting requirements2 disclosure of information4,sec4 #ab4 ,closed area stowage requirements4,sec4 #ac4 ,observers4,sec4 #ad4 ,technical assistance4,sec4 #ae4 ,arbitration4,sec4 #af4 ,disposition of fees1 penalties1 forfeitures1 and other moneys4,sec4 #ag4 ,additional agreements4,sec4 #ah4 ,authorization of appropriations4 #b4 ,amendment of ,south ,pacific ,tuna ,act ,except as otherwise expressly provided1 wherever 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 ,south ,pacific ,tuna ,act 7#af ,u4,s4,c4 #igc et seq474 #c4 ,definitions 7a7 ,applicable national law ,section #b 7#af ,u4,s4,c4 #igc7 is amended by striking described in paragraph #a7;a7 of ,annex ,i of in paragraph 7#d7 of section #b1 and inserting in its place3 noticed and in effect in accordance with4 7b7 ,closed area ,section #b 7#af ,u4,s4,c4 #igc7 is amended by striking of the closed areas identified in ,schedule #b of ,annex ,i of in paragraph 7#e7 of section #b1 and inserting in its place3 area within the jurisdiction of a ,pacific ,island ,party that is closed to vessels pursuant to that ,party's national laws1 and is noticed and in effect in accordance with4 7c7 ,fishing ,section #b 7#af ,u4,s4,c4 #igc7 is amended by-- 7#a7 inserting for any purpose after harvesting of fish at the end of paragraph 7#f77;,c7 of section #b2 7#b7 striking aircraft at the beginning of paragraph 7#f77;,f7 of section #b2 7#c7 striking 1 relating to the activities in paragraph 7#f77;,f7 of section #b1 and inserting in its place3 of any other vessel1 vehicle1 aircraft or hovercraft1 for any activity2 7#d7 striking flights in after except for in paragraph 7#f77;,f7 of section #b2 7#e7 inserting the after health or safety of in paragraph 7#f77;,f7 of section #b2 and 7#f7 striking members after crew in paragraph 7#f77;,f7 of section #b4 7d7 ,fishing vessel ,section #b 7#af ,u4,s4,c4 #igc7 is amended by-- 7#a7 inserting purse seine after used for commercial in paragraph 7#g7 of section #b2 and 7#b7 inserting for tuna after purse seine fishing in paragraph 7#g7 of section #b1 as so amended4 7e7 ,licensing area ,section #b 7#af ,u4,s4,c4 #igc7 is amended by striking in the ,treaty ,area except for and all that follows1 including subparagraphs 7,a71 7,b71 and 7,c71 in paragraph 7#h7 of section #b1 and inserting in its place3 under the jurisdiction of the ,pacific ,island ,parties except for internal waters1 territorial seas1 archipelagic waters and any ,closed ,area44 7f7 ,limited area ,section #b 7#af ,u4,s4,c4 #igc7 is amended by-- 7#a7 striking paragraph 7#aj7 of section #b2 and 7#b7 redesignating existing paragraphs 7#aa7 through 7#ad7 of section #b as paragraphs 7#aj7 through 7#ac71 respectively4 7g7 ,regional terms and conditions ,section #b 7#af ,u4,s4,c4 #igc7 is amended by inserting after paragraph 7#ac7 of section #b1 as so redesignated1 the following new paragraph-- 7#ad7 ,the term regional terms and conditions means any of the terms or conditions attached by the ,administrator to the license issued by the ,administrator1 as notified by the ,secretary4 4 7h7 ,treaty area ,section #b 7#af ,u4,s4,c4 #igc7 is amended by striking paragraph 7#ah7 of section #b4 #d4 ,prohibited acts 7a7 ,section #e7;a7 7#af ,u4,s4,c4 #igc;c7 is amended by-- 7#a7 striking ,except as provided in section #igc;d of this title1 it at the beginning of section #e7;a71 and inserting in its place3 ,it2 7#b7 striking paragraphs 7#c7 and 7#d72 7#c7 redesignating existing paragraphs 7#e7 through 7#ac7 as paragraphs 7#c7 through 7#aa71 respectively2 7#d7 inserting 1 except in accordance with an agreement pursuant to the ,treaty after ,closed ,area at the end of paragraph 7#c71 as so redesignated2 7#e7 striking or at the end of paragraph 7#aj71 as so redesignated2 7#f7 striking 4 at the end of paragraph 7#aa71 as so resdesignated1 and inserting in its place 22 and 7#g7 inserting after paragraph 7#aa71 as so redesignated1 the following new paragraphs-- 7#ab7 to violate any of the regional terms and conditions2 or 7#ac7 to violate any limit on authorized fishing effort or catch4 4 7b7 ,section #e7;b7 7#af ,u4,s4,c4 #igc;c7 is amended by-- 7#a7 striking ,except as provided in section #igc;d of this title1 it at the beginning of section #e7;b71 and inserting in its place3 ,it2 7#b7 striking paragraph 7#e72 and 7#c7 redesignating existing paragraphs 7#f7 and 7#g7 as paragraphs 7#e7 and 7#f71 respectively4 #e4 ,exceptions 7a7 ,section #f 7#af ,u4,s4,c4 #igc;d7 is amended by striking section #f1 including the section heading of section #f and subsections 7a7 and 7b71 and inserting in its place3 ,reserved4 #f4 ,criminal offenses 7a7 ,prohibited acts ,section #g7;a7 7#af ,u4,s4,c4 #igc;e7 is amended by striking section #igc;c7a77#h71 7#aj71 7#aa71 or 7#ab71 and inserting in its place3 section #igc;c7a77#f71 7#h71 7#i71 or 7#aj74 #g4 ,civil penalties 7a7 ,determination of liability2 amount2 participation by secretary of state in assessment proceeding ,section #h7;a7 7#af ,u4,s4,c4 #igc;f7 is amended by-- 7#a7 striking ,code after liable to the ,united ,states2 and 7#b7 striking ,except for those acts prohibited by section #igc;c7a77#d71 7#e71 7#g71 7#h71 7#aj71 7#aa71 and 7#ab71 and section #igc;c7b77#a71 7#b71 7#c71 and 7#g7 of this title1 the1 and inserting in its place3 ,the4 7b7 ,waiver of referral to attorney general ,section #h7;g7 7#af ,u4,s4,c4 #igc;f7 is amended by-- 7#a7 striking 7#h71 7#i71 after 7#e71 7#f71 7#g71 at the beginning of paragraph 7g71 and inserting in its place3 7#aa71 7#ab71 or2 and 7#b7 striking 1 all ,limited ,areas closed to fishing1 after outside of the ,licensing ,area in paragraph 7#b74 #h4 ,licenses 7a7 ,forwarding and transmittal of vessel license ,application ,section #i7;b7 7#af ,u4,s4,c4 #igc;g7 is amended by-- 7#a7 striking ,except as provided in subsections at the beginning of section #i7;b71 and inserting in its place3 ,in accordance with subsection2 7#b7 inserting and except as provided in subsection after ,in accordance with subsection 7e71 at the beginning of section #i7;b71 as so amended2 7#c7 striking 1 and 7g7 at the beginning of section #i7;b72 7#d7 striking to the ,secretary of ,state for transmittal2 and 7#e7 striking 1 includes a complete application form as required by ,annex ,,ii of the ,treaty1 and is accompanied by the required license fee at the end of section #i7;b74 7b7 ,fees and schedules ,section #i7;c7 7#af ,u4,s4,c4 #igc;g7 is amended by-- 7#a7 striking and fee schedules in the section heading of section #i7;c72 7#b7 striking paragraph 7#a72 7#c7 striking 7#b7 ,after such initial year1 fees for vessel licenses of paragraph 7#b71 and inserting in its place3 ,fees required under the ,treaty2 7#d7 striking fee schedules established under ,annex ,,ii of2 and 7#e7 striking published by the ,secretary at the end of section #i7;c71 and inserting in its place3 any procedures established by the ,secretary4 7c7 ,minimum fees required ,to be received in initial year of implementation for forwarding and transmittal of license ,applications ,section #i7;f7 7#af ,u4,s4,c4 #igc;g7 is amended by-- 7#a7 striking section #i7;f72 and 7#b7 redesignating existing sections #i7;g7 and #i7;h7 as sections #i7;f7 and #i7;g71 respectively4 7d7 ,grounds for denial of forwarding of license ,application ,section #i7;f7 7#af ,u4,s4,c4 #igc;g71 as so redesignated1 is amended by striking chapter at the end of paragraph 7#d71 and inserting in its place3 title4 7e7 ,grandfathering of vessels documented before november #c1 #aiie ,section #i7;g7 7#af ,u4,s4,c4 #igc;g71 as so redesignated1 is amended by-- 7#a7 in paragraph 7#a71 replacing #abajh with #abaac2 7#b7 striking ,treaty after may fish for tuna in the in paragraph 7#c7 and inserting in its place3 ,licensing2 7#c7 striking including those waters subject to the jurisdiction of the ,united ,states in paragraph 7#c7 and inserting in its place3 and on the high seas and in waters subject to the jurisdiction of the ,united ,states west of #adf ,w4 longitude and east of #abi4e ,e longitude2 7#d7 striking treaty and after subject to the provisions of the in paragraph 7#c71 and inserting in its place3 ,treaty12 7#e7 inserting and other applicable law1 in paragraph 7#c7 after this chapter12 7#f7 striking fishing in the ,treaty ,area after provided that no such vessel in paragraph 7#c72 and 7#g7 striking under the provisions of the ,treaty or this chapter at the end of paragraph 7#c74 #i4 ,enforcement 7a7 ,notice requirements to pacific island party concerning institution and outcome of legal proceedings ,section #aj7;c7 7#af ,u4,s4,c4 #igc;h7 is amended by-- 7#a7 striking paragraph #h of ,article #d of after notify the ,pacific ,island ,party in accordance with in paragraph 7#a72 and 7#b7 striking ,article #aj of after effective date of the notice under at the end of paragraph 7#a74 7b7 ,searches and seizures by authorized officers2 limitations on power ,section #aj7;d7 7#af ,u4,s4,c4 #igc;h7 is amended by-- 7#a7 striking or at the end of paragraph 7#a77;,a77ii72 and 7#b7 inserting or at the end of paragraph 7#a77;,a77iii74 #aj4 ,findings by ,secretary 7a7 ,order of vessel ,to leave waters upon failure ,to submit to jurisdiction of pacific island party2 procedure ,applicable ,section #aa7;a7 7#af ,u4,s4,c4 #igc;i7 is amended by-- 7#a7 striking 1 all ,limited ,areas1 after leave immediately the ,licensing ,area in section #aa7;a72 7#b7 striking paragraph #b of ,article #c of after and that under in paragraph 7#a77;,a72 7#c7 striking within the ,treaty ,area after final determination deriving from a violation in waters in paragraph 7#a77;,c71 and inserting in its place3 under the jurisdiction2 7#d7 striking 7a77#e71 after section #igc;c7a77#d71 in paragraph 7#b77;,a72 7#e7 striking 7#g7 after section #igc;c7b7 in paragraph 7#b77;,b71 and inserting in its place3 7#f72 and 7#f7 striking 7#g7 after section #igc;c7b7 in paragraph 7#b77;,c71 and inserting in its place3 7#f74 7b7 ,order of vessel ,to leave waters where pacific island party investigating alleged treaty infringement ,section #aa7;b7 7#af ,u4,s4,c4 #igc;i7 is amended by striking paragraph #g of ,article #e of after ,parties has been made under4 #aa4 ,reporting requirements2 disclosure of information 7a7 ,section #ab7;a7 7#af ,u4,s4,c4 #igc;j7 is amended by-- 7#a7 striking ,holders of licenses at the beginning of section #ab7;a71 and inserting in its place3 ,operators2 and 7#b7 striking of part #d of ,annex ,i to the ,treaty at the end of section #ab7;a71 and inserting in its place3 established by the ,secretary4 7b7 ,section #ab7;b7 7#af ,u4,s4,c4 #igc;j7 is amended by-- 7#a7 striking section #ab7;b71 and inserting the following new paragraphs in its place-- 7b7 ,the following information shall be confidential and shall not be disclosed1 except in accordance with subsection 7c7 below-- 7#a7 information provided to the ,secretary by the ,administrator that the ,administrator has designated confidential2 7#b7 observer information2 and 7#c7 any information submitted to the ,secretary by any person in compliance with the requirements of this title4 7c7 ,the ,secretary may disclose information described in subsection 7b73 7#a7 if disclosure is required under court order2 7#b7 if the information is used by ,federal employees for enforcement1 or in support of the ,coast ,guard's homeland and national security missions as defined in #f ,u4,s4,c4 #dfh2 7#c7 if the information is used by ,federal employees or ,fishery ,management ,council employees for ,treaty administration or fishery management and monitoring2 7#d7 to the ,administrator1 in accordance with the requirements of the ,treaty and this title2 7#e7 to the secretariat or equivalent of an international fisheries management organization of which the ,united ,states is a member1 in accordance with its requirements or decisions1 and insofar as possible1 in accordance with an agreement that prevents public disclosure of the business or identity of any person2 or 7#f7 if the ,secretary has obtained written authorization from the person providing such information1 and release does not violate other requirements of this title4 7d7 ,notwithstanding subsections 7b7 and 7c7 above1 the ,secretary may1 by regulations1 prescribe such procedures as may be necessary to preserve the confidentiality of information described in subsection 7b71 except that the ,secretary may release or make public any such information in any aggregate or summary form1 which does not directly or indirectly disclose the identity or business of any person submitting such information4 4 #ab4 ,closed area stowage requirements 7a7 ,section #ac 7#af ,u4,s4,c4 #igck7 is amended by striking 4 ,in particular1 the boom shall be lowered and all that follows1 and inserting in its place3 and in accordance with any requirements established by the ,secretary44 #ac4 ,observers 7a7 ,section #ad 7#af ,u4,s4,c4 #igcl7 is amended by striking the text of section #ad1 including subsections 7a71 7b71 and 7c71 and paragraphs 7#a71 7#b71 7#c71 and 7#d7 of subsection 7a71 and inserting in its place3 ,operators shall comply with the requirements established by the ,secretary regarding vessel observers44 #ad4 ,technical assistance 7a7 ,section #ae 7#af ,u4,s4,c4 #igcm7 is amended by striking the text of section #ae1 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 ,treaty4 ,this may include the provision of technical assistance1 training and capacity building opportunities1 facilitation of the implementation of private sector activities or partnerships1 and other activities as appropriate4 4 #ae4 ,arbitration 7a7 ,section #af 7#af ,u4,s4,c4 #igcn7 is amended by-- 7#a7 striking ,article #f of after arbitral tribunal under2 and 7#b7 striking paragraph #c of that ,article1 and inserting in its place3 the ,treaty1 shall determine the location of the arbitration4 #af4 ,disposition of fees1 penalties1 forfeitures1 and other moneys 7a7 ,section #ag 7#af ,u4,s4,c4 #igco7 is amended by striking ,article #d of4 #ag4 ,additional agreements 7a7 ,section #ah 7#af ,u4,s4,c4 #igcp7 is amended by striking the text of section #ah1 and inserting in its place3 ,the ,secretary may establish procedures for review of any agreements for additional fishing access entered into pursuant to the ,treaty44 #ah4 ,authorization of appropriations 7a7 ,section #bj7;a7 7#af ,u4,s4,c4 #igcr7 is amended by striking section #bj7;a71 including paragraphs 7#a7 and 7#b71 and inserting in its place3 7a7 ,there are authorized to be appropriated such sums as may be necessary for carrying out the purposes and provisions of the ,treaty and this title44