#aaith ,,congress #ast ,session ,h4 ,r4 #eca ,,an ,,act ,to amend the ,south ,pacific ,tuna ,act of #aihh1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,south ,pacific ,tuna ,treaty ,act of #bjbe4 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 ,act of #aihh4 ,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 #b4 ,amendment of ,south ,pacific ,tuna ,act of #aihh ,except as otherwise expressly provided1 wherever in this ,act 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 of #aihh 7#af ,u4,s4,c4 #igc et seq474 #c4 ,definitions 7a7 ,applicable national law ,section #b7d7 7#af ,u4,s4,c4 #igc7d77 is amended by striking described in paragraph #a7;a7 of ,annex ,i of and inserting noticed and in effect in accordance with4 7b7 ,closed ,area ,section #b7e7 7#af ,u4,s4,c4 #igc7e77 is amended by striking of the closed areas identified in ,schedule #b of ,annex ,i of and inserting area within the jurisdiction of a ,pacific ,island ,party that is closed to vessels pursuant to a national law of that ,pacific ,island ,party and is noticed and in effect in accordance with4 7c7 ,fishing ,section #b7f7 7#af ,u4,s4,c4 #igc7f77 is amended-- 7#a7 in subparagraph 7,c71 by inserting for any purpose after harvesting of fish2 and 7#b7 by amending subparagraph 7,f7 to read as follows3 7,f7 use of any other vessel1 vehicle1 aircraft1 or hovercraft1 for any activity described in this paragraph except for emergencies involving the health or safety of the crew or the safety of a vessel4 4 7d7 ,fishing vessel ,section #b7g7 7#af ,u4,s4,c4 #igc7g77 is amended by striking commercial fishing and inserting commercial purse seine fishing for tuna4 7e7 ,licensing ,area ,section #b7h7 7#af ,u4,s4,c4 #igc7h77 is amended by striking in the ,treaty ,area and all that follows and inserting under the jurisdiction of a ,pacific ,island ,party1 except for internal waters1 territorial seas1 archipelagic waters1 and any ,closed ,area44 7f7 ,limited ,area2 ,party2 ,treaty ,area ,section #b 7#af ,u4,s4,c4 #igc7 is amended-- 7#a7 by striking paragraphs 7#aj71 7#ac71 and 7#ah72 7#b7 by redesignating paragraphs 7#aa7 and 7#ab7 as paragraphs 7#aj7 and 7#aa71 respectively2 7#c7 by redesignating paragraph 7#ad7 as paragraph 7#ab72 and 7#d7 by redesignating paragraphs 7#ae7 through 7#ag7 as paragraphs 7#ad7 through 7#af71 respectively4 7g7 ,regional terms and conditions ,section #b 7#af ,u4,s4,c4 #igc7 is amended by inserting after paragraph 7#ab71 as so redesignated1 the following3 7#ac7 ,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 #d4 ,prohibited acts 7a7 ,in general ,section #e7;a7 7#af ,u4,s4,c4 #igc;c7a77 is amended-- 7#a7 by striking ,except as provided in section #f of this ,act1 it at the beginning and inserting ,it2 7#b7 by striking paragraphs 7#c7 and 7#d72 7#c7 by redesignating paragraphs 7#e7 through 7#ac7 as paragraphs 7#c7 through 7#aa71 respectively2 7#d7 in paragraph 7#c71 as so redesignated1 by inserting 1 except in accordance with an agreement pursuant to the ,treaty after ,closed ,area2 7#e7 in paragraph 7#aj71 as so redesignated1 by striking or at the end2 7#f7 in paragraph 7#aa71 as so redesignated1 by striking the period at the end and inserting a semicolon2 and 7#g7 by adding at the end the following3 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 ,in the ,licensing ,area ,section #e7;b7 7#af ,u4,s4,c4 #igc;c7b77 is amended-- 7#a7 by striking ,except as provided in section #f of this ,act1 it and inserting ,it2 7#b7 by striking paragraph 7#e72 and 7#c7 by redesignating paragraphs 7#f7 and 7#g7 as paragraphs 7#e7 and 7#f71 respectively4 #e4 ,exceptions ,section #f 7#af ,u4,s4,c4 #igc;d7 is repealed4 #f4 ,criminal offenses ,section #g7;a7 7#af ,u4,s4,c4 #igc;e7a77 is amended by striking section #e7;a7 7#h71 7#aj71 7#aa71 or 7#ab7 and inserting paragraphs 7#f71 7#h71 7#i71 or 7#aj7 of section #e7;a74 #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;f7a77 is amended-- 7#a7 by striking ,code after liable to the ,united ,states2 and 7#b7 by striking ,except for those acts prohibited by section #e7;a7 7#d71 7#e71 7#g71 7#h71 7#aj71 7#aa71 and 7#ab71 and section #e7;b7 7#a71 7#b71 7#c71 and 7#g7 of this ,act1 the and inserting ,the4 7b7 ,waiver of referral to attorney general ,section #h7;g7 7#af ,u4,s4,c4 #igc;f7g77 is amended-- 7#a7 by striking section #e7;a77#a71 7#b71 7#c71 7#d71 7#e71 7#f71 7#g71 7#h71 7#i71 or 7#ac7 and inserting paragraphs 7#a71 7#b71 7#c71 7#d71 7#e71 7#f71 7#g71 7#aa71 7#ab71 or 7#ac7 of section #e7;a72 and 7#b7 in paragraph 7#b71 by striking 1 all ,limited ,areas closed to fishing1 after outside of the ,licensing ,area4 #h4 ,licenses 7a7 ,forwarding and transmittal of vessel license application ,section #i7;b7 7#af ,u4,s4,c4 #igc;g7b77 is amended to read as follows3 7b7 ,in accordance with subsection 7e71 and except as provided in subsection 7f71 the ,secretary shall forward a vessel license application to the ,administrator whenever such application is in accordance with application procedures established by the ,secretary4 4 7b7 ,fees and schedules ,section #i7;c7 7#af ,u4,s4,c4 #igc;g7c77 is amended to read as follows3 7c7 ,fees required under the ,treaty shall be paid in accordance with the ,treaty and any procedures established by the ,secretary4 4 7c7 ,minimum fees required ,to be received in initial year of implementation for forwarding and transmittal of license applications ,section #i 7#af ,u4,s4,c4 #igc;g7 is amended-- 7#a7 by striking subsection 7f72 7#b7 by redesignating subsections 7g7 and 7h7 as subsections 7f7 and 7g71 respectively2 7#c7 by amending subsection 7f71 as so redesignated1 to read as follows3 7f7 ,the ,secretary1 in consultation with the ,secretary of ,state1 may determine that a license application should not be forwarded to the ,administrator if-- 7#a7 the application is not in accordance with the ,treaty or the procedures established by the ,secretary2 or 7#b7 the owner or charterer-- 7,a7 is the subject of proceedings under the bankruptcy laws of the ,united ,states1 unless reasonable financial assurances have been provided to the ,secretary2 7,b7 has not established to the satisfaction of the ,secretary that the fishing vessel is fully insured against all risks and liabilities normally provided in maritime liability insurance2 or 7,c7 has not paid any penalty which has become final1 assessed by the ,secretary in accordance with this ,act4 2 and 7#d7 in subsection 7g71 as so redesignated-- 7,a7 by amending paragraph 7#a7 to read as follows3 7#a7 chapter #abaac of title #df1 ,united ,states ,code2 2 7,b7 in paragraph 7#b71 by inserting of #aigb after ,marine ,mammal ,protection ,act2 7,c7 in paragraph 7#c71 by inserting of #aigb after ,marine ,mammal ,protection ,act2 and 7,d7 in the matter that follows paragraph 7#c71 by striking any vessel documented and all that follows and inserting the following3 any vessel documented under the laws of the ,united ,states as of the date of enactment of the ,fisheries ,act of #aiie for which a license has been issued under subsection 7a7 may fish for tuna in the ,licensing ,area1 and on the high seas and in waters subject to the jurisdiction of the ,united ,states west of #adf west longitude and east of #abi4e east longitude in accordance with international law1 subject to the provisions of the ,treaty1 this ,act1 and other applicable law1 provided that no such vessel intentionally deploys a purse seine net to encircle any dolphin or other marine mammal in the course of fishing4 4 #i4 ,enforcement 7a7 ,notice requirements to ,pacific ,island ,party concerning institution and outcome of legal proceedings ,section #aj7;c77#a7 7#af ,u4,s4,c4 #igc;h7c77#a77 is amended-- 7#a7 by striking paragraph #h of ,article #d of2 and 7#b7 by striking ,article #aj of4 7b7 ,searches and seizures by authorized officers2 limitations on power ,section #aj7;d77#a77;,a7 7#af ,u4,s4,c4 #igc;h7d77#a77;,a77 is amended-- 7#a7 in clause 7ii71 by striking or at the end2 and 7#b7 in clause 7iii71 by adding or at the end4 #aj4 ,findings by ,secretary 7a7 ,order ,to leave waters upon failure ,to submit to jurisdiction of ,pacific ,island ,party2 procedure applicable ,section #aa7;a7 7#af ,u4,s4,c4 #igc;i7a77 is amended-- 7#a7 by striking 1 all ,limited ,areas12 7#b7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a71 by striking paragraph #b of ,article #c of2 and 7,b7 in subparagraph 7,c71 by striking within the ,treaty ,area and inserting under the jurisdiction2 and 7#c7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a71 by striking section #e 7a77#d71 7a77#e71 7b77#b71 or 7b77#c7 and inserting paragraph 7#c7 of section #e7;a7 or paragraph 7#b7 or 7#c7 of section #e7;b72 7,b7 in subparagraph 7,b71 by striking 7#g7 and inserting 7#f72 and 7,c7 in subparagraph 7,c71 by striking 7#g7 and inserting 7#e74 7b7 ,order of vessel ,to leave waters where ,pacific ,island ,party investigating alleged ,treaty infringement ,section #aa7;b7 7#af ,u4,s4,c4 #igc;i7b77 is amended by striking paragraph #g of ,article #e of4 #aa4 ,reporting requirements2 disclosure of information ,section #ab 7#af ,u4,s4,c4 #igc;j7 is amended to read as follows3 #ab4 ,reporting 7a7 ,prohibited disclosure of certain information ,except as provided in subsection 7b71 the ,secretary shall keep confidential and may not disclose the following information 7and such information shall be exempt from disclosure under section #eeb7;b77#c7 of title #e1 ,united ,states ,code73 7#a7 ,information provided to the ,secretary by the ,administrator that the ,administrator has designated confidential4 7#b7 ,information collected by observers4 7#c7 ,information submitted to the ,secretary by any person in compliance with the requirements of this ,act4 7b7 ,permitted disclosure of certain information ,the ,secretary may disclose information described in subsection 7a7-- 7#a7 if disclosure is ordered by a court2 7#b7 if the information is used by a ,federal employee-- 7,a7 for enforcement2 or 7,b7 in support of the homeland and national security missions of the ,coast ,guard as defined in section #hhh of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #dfh72 7#c7 if the information is used by a ,federal employee or an employee of the ,fishery ,management ,council for ,treaty administration or fishery management and monitoring2 7#d7 to the ,administrator1 in accordance with the requirements of the ,treaty and this ,act2 7#e7 to the secretariat or equivalent of an international fisheries management organization of which the ,united ,states is a member1 in accordance with the requirements or decisions of such organization1 and insofar as possible1 in accordance with an agreement that prevents public disclosure of the identity of any person that submits such information2 7#f7 if the ,secretary has obtained written authorization from the person providing such information1 and disclosure does not violate other requirements of this ,act2 or 7#g7 in an aggregate or summary form that does not directly or indirectly disclose the identity of any person that submits such information4 7c7 ,savings clause 7#a7 ,in general ,nothing in this section shall be construed to adversely affect the authority of ,congress1 including a ,committee or ,member thereof1 to obtain any record or information4 7#b7 ,no negative implication ,the absence of a provision similar to paragraph 7#a7 in any other provision of law shall not be construed to limit the ability of ,congress1 including a ,committee or ,member thereof1 to obtain any record or information4 4 #ab4 ,closed ,area stowage requirements ,section #ac 7#af ,u4,s4,c4 #igck7 is amended by striking 4 ,in particular1 the boom shall be lowered and all that follows and inserting and in accordance with any requirements established by the ,secretary44 #ac4 ,observers ,section #ad 7#af ,u4,s4,c4 #igcl7 is repealed4 #ad4 ,technical assistance ,section #ae 7#af ,u4,s4,c4 #igcm7 is amended to read as follows3 #ae4 ,technical assistance ,the ,secretary and the ,secretary of ,state may provide assistance to a ,pacific ,island ,party to benefit such ,pacific ,island ,party from the development of fisheries resources and the operation of fishing vessels that are licensed pursuant to the ,treaty1 including-- 7#a7 technical assistance2 7#b7 training and capacity building opportunities2 7#c7 facilitation of the implementation of private sector activities or partnerships2 and 7#d7 other activities as determined appropriate by the ,secretary and the ,secretary of ,state4 4 #ae4 ,arbitration ,section #af 7#af ,u4,s4,c4 #igcn7 is amended-- 7#a7 by striking ,article #f of after arbitral tribunal under2 and 7#b7 by striking paragraph #c of that ,article1 and inserting the ,treaty1 shall determine the location of the arbitration4 #af4 ,disposition of fees1 penalties1 forfeitures1 and other moneys ,section #ag 7#af ,u4,s4,c4 #igco7 is amended by striking ,article #d of4 #ag4 ,additional agreements ,section #ah 7#af ,u4,s4,c4 #igcp7 is amended by striking ,within #cj days after and all that follows and inserting ,the ,secretary may establish procedures for review of any agreements for additional fishing access entered into pursuant to the ,treaty44 ,passed the ,house of ,representatives ,may #ac1 #bjbe4;,clerk4