II
111th CONGRESS
1st Session
H. R. 1080
IN THE SENATE OF THE UNITED STATES
September 23, 2009
Received; read twice and referred to the Committee on Commerce, Science, and Transportation
AN ACT
To strengthen enforcement mechanisms to stop illegal, unreported, and unregulated fishing, and for other purposes.
Short title
This Act may be cited as the
Illegal, Unreported, and Unregulated
Fishing Enforcement Act of 2009
.
Amendments to the High Seas Driftnet Fishing Moratorium Protection Act
Administration and enforcement
Section 606 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g) is amended by inserting before the first sentence the following:
In general
The Secretary and the Secretary of the department in which the Coast Guard is operating shall enforce this title, and the Acts to which this section applies, in accordance with this section. Each such Secretary may, by agreement, on a reimbursable basis or otherwise, utilize the personnel services, equipment (including aircraft and vessels), and facilities of any other Federal agency, and of any State agency, in the performance of such duties.
Acts to which section applies
This section applies to—
the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3631 et seq.);
the Dolphin Protection Consumer Information Act (16 U.S.C. 1385);
the Tuna Conventions Act of 1950 (16 U.S.C. 951 et seq.);
the North Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 5001 et seq.);
the South Pacific Tuna Act of 1988 (16 U.S.C. 973 et seq.);
the Antarctic Marine Living Resources Convention Act of 1984 (16 U.S.C. 2431 et seq.);
the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971 et seq.);
the Northwest Atlantic Fisheries Convention Act of 1995 (16 U.S.C. 5601 et seq.); and
the Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6901 et seq.).
Administration and enforcement
The Secretary shall prevent any person from violating this title, or any Act to which this section applies, in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though sections 308 through 311 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1858 through 1861) were incorporated into and made a part of and applicable to this title and each such Act.
Special rules
In general
Notwithstanding the incorporation by reference of certain sections of the Magnuson-Stevens Fishery Conservation and Management Act under subsection (c), 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 incorporated, the provision of this subsection shall apply.
Additional enforcement authority
In addition to the powers of officers authorized pursuant to subsection (c), any officer who is authorized by the Secretary, or the head of any Federal or State agency that has entered into an agreement with the Secretary under subsection (a), to enforce the provisions of any Act to which this section applies may, with the same jurisdiction, powers, and duties as though section 311 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861) were incorporated into and made a part of each such Act—
search or inspect any facility or conveyance used or employed in, or which reasonably appears to be used or employed in, the storage, processing, transport, or trade of fish or fish products;
inspect records pertaining to the storage, processing, transport, or trade of fish or fish products;
detain, for a period of up to 5 days, any shipment of fish or fish product imported into, landed on, introduced into, exported from, or transported within the jurisdiction of the United States, or, if such fish or fish product is deemed to be perishable, sell and retain the proceeds therefrom for a period of up to 5 days;
make an arrest, in accordance with any guidelines which may be issued by the Attorney General, for any offense under the laws of the United States committed in the person’s presence, or for the commission of any felony under the laws of the United States, if the person has reasonable grounds to believe that the person to be arrested has committed or is committing a felony;
search and seize, in accordance with any guidelines that are issued by the Attorney General; and
execute and serve any subpoena, arrest warrant, search warrant issued in accordance with rule 41 of the Federal Rules of Criminal Procedure, or other warrant or civil or criminal process issued by any officer or court of competent jurisdiction.
Disclosure of enforcement information
The Secretary may disclose, as necessary and appropriate, information, including information collected under joint authority of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) and the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 71 et seq.) or the Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6901 et seq.) or other statutes implementing international fishery agreements, to any other Federal or State government agency, the Food and Agriculture Organization of the United Nations, the secretariat or equivalent of an international fishery management organization or arrangement made pursuant to an international fishery agreement, or a foreign government, if—
such government, organization, or arrangement has policies and procedures to protect such information from unintended or unauthorized disclosure; and
such disclosure is necessary—
to ensure compliance with any law or regulation enforced or administered by the Secretary;
to administer or enforce any international fishery agreement to which the United States is a party;
to administer or enforce a binding conservation measure adopted by any international organization or arrangement to which the United States is a party;
to assist in any investigative, judicial, or administrative enforcement proceeding in the United States; or
to assist in any law enforcement action undertaken by a law enforcement agency of a foreign government, or in relation to a legal proceeding undertaken by a foreign government.
Prohibited acts
It is unlawful for any person—
to violate any provision of this title or any regulation or permit issued pursuant to this title;
to refuse to permit any officer authorized to enforce the provisions of this title to board, search, or inspect a vessel, aircraft, vehicle, or shoreside facility subject to such person’s control for the purposes of conducting any search, investigation, or inspection in connection with the enforcement of this title, any regulation promulgated under this title, or any Act to which this section applies;
to forcibly assault, resist, oppose, impede, intimidate, or interfere with any such authorized officer in the conduct of any search, investigation, or inspection described in paragraph (2);
to resist a lawful arrest for any act prohibited by this section or any Act to which this section applies;
to interfere with, delay, or prevent, by any means, the apprehension, arrest, or detection of an other person, knowing that such person has committed any act prohibited by this section or any Act to which this section applies; or
to forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with—
any observer on a vessel under this title or any Act to which this section applies; or
any data collector employed by the National Marine Fisheries Service or under contract to any person to carry out responsibilities under this title or any Act to which this section applies.
Civil penalty
Any person who commits any act that is unlawful under subsection (e) shall be liable to the United States for a civil penalty, and may be subject to a permit sanction, under section 308 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1858).
Criminal penalty
Any person who commits an act that is unlawful under subsection (e)(2), (e)(3), (e)(4), (e)(5), or (e)(6) is deemed to be guilty of an offense punishable under section 309(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1859(b)).
Utilization of Federal agency assets
.
Actions To improve the effectiveness of international fishery management organizations
Section 608 of such Act (16 U.S.C. 1826i) is amended by—
inserting before the first sentence the
following: (a) In
general.—
;
in subsection (a) (as designated by
paragraph (1) of this subsection) in the first sentence, inserting , or
arrangements made pursuant to an international fishery agreement,
after
organizations
; and
adding at the end the following new subsections:
Disclosure of information
The Secretary may disclose, as necessary and appropriate, information, including information collected under joint authority of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) and the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 71 et seq.), the Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6901 et seq.), any other statute implementing an international fishery agreement, to any other Federal or State government agency, the Food and Agriculture Organization of the United Nations, or the secretariat or equivalent of an international fishery management organization or arrangement made pursuant to an international fishery agreement, if such government, organization, or arrangement, respectively, has policies and procedures to protect such information from unintended or unauthorized disclosure.
IUU vessel lists
The Secretary may—
develop, maintain, and make public a list of vessels and vessel owners engaged in illegal, unreported, or unregulated fishing or fishing-related activities in support of illegal, unreported, or unregulated fishing, including vessels or vessel owners identified by an international fishery management organization or arrangement made pursuant to an international fishery agreement, that—
the United States is party to; or
the United States is not party to, but whose procedures and criteria in developing and maintaining a list of such vessels and vessel owners are substantially similar to such procedures and criteria adopted pursuant to an international fishery agreement to which the United States is a party; and
take appropriate action against listed vessels and vessel owners, including action against fish, fish parts, or fish products from such vessels, in accordance with applicable United States law and consistent with applicable international law, including principles, rights, and obligations established in applicable international fishery management agreements and trade agreements.
Regulations
The Secretary may promulgate regulations to implement this section.
.
Notification regarding identification of nations
Section 609(b) of such Act (166 U.S.C. 1826j(b)) is amended to read as follows:
Notification
The Secretary shall notify the President and that nation of such an identification.
.
Nations identified under section 610
Section 610(b)(1) of such Act (16 U.S.C. 1826k(b)(1)) is amended to read as follows:
notify, as soon as possible, the President and nations that have been identified under subsection (a), and also notify other nations whose vessels engage in fishing activities or practices described in subsection (a), about the provisions of this section and this Act;
.
Effect of certification under section 609
Section 609(d)(3)(A)(i)
of such Act (16
U.S.C. 1826j(d)(3)(A)(i)) is amended by striking that
has not been certified by the Secretary under this subsection,
or
.
Effect of certification under section 610
Section 610(c)(5) of such
Act (16 U.S.C.
1826k(c)(5)) is amended by striking that has not been
certified by the Secretary under this subsection, or
.
Identification of nations
Scope of identification for actions of fishing vessels
Section 609(a) of such Act (16 U.S.C. 1826j(a)) is amended—
in the matter preceding paragraph (1) by
striking 2 years
and inserting 3 years
;
in paragraph (1), by inserting that
undermines the effectiveness of measures required by an international fishery
management organization, taking into account whether
after
(1)
; and
in paragraph (1), by striking
vessels of
.
Additional grounds for identification
Section 609(a) of such Act (16 U.S.C. 1826j(a)) is further amended—
by redesignating paragraphs (1) and (2) in order as subparagraphs (A) and (B) (and by moving the margins of such subparagraphs 2 ems to the right);
by inserting before the first sentence the following:
Identification for actions of fishing vessels
; and
by adding at the end the following:
Identification for actions of nation
Taking into account the factors described under section 609(a)(1), the Secretary shall also identify, and list in such report, a nation—
if it is violating, or has violated at any point during the preceding three years, 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 measures; or
if it is failing, or has failed at any point during the preceding three years, to effectively address or regulate illegal, unreported, or unregulated fishing in areas described under paragraph (1)(B).
Application to other entities
Where the provisions of this Act are applicable to nations, they shall also be applicable, as appropriate, to other entities that have competency to enter into international fishery management agreements.
.
Period of fishing practices supporting identification
Section
610(a)(1) of such Act (16 U.S.C. 1826k(a)(1)) is amended
by striking calendar year
and replacing with three
years
.
Authorization of appropriations
Section 609(f) of such Act (16 U.S.C. 1826j) is amended by—
striking 2007
and inserting
2010
; and
striking 2013
and inserting
2015
.
Section 610(f) of such Act (16 U.S.C. 1826k) is amended by—
striking 2007
and inserting
2010
; and
striking 2013
and inserting
2015
.
Technical corrections
Section 607(2) of such Act (16 U.S.C.
1826h(2)) is amended by striking whose vessels
and inserting that
.
Section 609(d)(1) of such Act
(16 U.S.C.
1826j(d)(1)) is amended by striking of its fishing
vessels
.
Section 609(d)(1)(A) of such Act
(16 U.S.C.
1826j(d)(1)(A)) is amended by striking of its fishing
vessels
.
Section 609(d)(2) of such Act (16 U.S.C. 1826j(d)(2)) is amended—
by striking for
certification
and inserting to authorize
;
by inserting the importation
after or other basis
;
by striking harvesting
;
and
by striking not certified under
paragraph (1)
and inserting issued a negative certification
under paragraph (1)
.
Section 610 of such Act (16 U.S.C. 1826k) is amended as follows:
In subsection (a)(1), by striking
practices;
and inserting practices—
.
In subsection (c)(1)(A), by striking
, and which, in the case of pelagic longline fishing, includes mandatory
use of circle hooks, careful handling and release equipment, and training and
observer programs
.
In subsection (c)(4), by striking all preceding subparagraph (B) and inserting the following:
Alternative procedure
The Secretary may establish a procedure to authorize, on a shipment-by-shipment, shipper-by-shipper, or other basis the importation of fish or fish products from a vessel of a nation issued a negative certification under paragraph (1) if the Secretary determines that such imports were harvested by practices that do not result in bycatch of a protected marine species, or were harvested by practices that—
are comparable to those of the United States, taking into account different conditions; and
.
Amendments to the High Seas Driftnet Fisheries Enforcement Act
Negative certification effects
Section 101 of the High Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a) is amended—
in subsection (a)(2), by striking
recognized principles of
after in accordance
with
;
in subsection (a)(2)(A), by inserting
or, as appropriate, for fishing vessels of a nation that receives a
negative certification under section 609(d) or section 610(c) of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826)
after
(1)
;
in subsection (a)(2)(B), by inserting
before the period the following: , except for the purposes of inspecting
such vessel, conducting an investigation, or taking other appropriate
enforcement action
;
in subsection (b)(1)(A)(i), by striking
or illegal, unreported, or unregulated fishing
after
driftnet fishing
;
in subsection (b)(1)(B) and subsection
(b)(2), by striking or illegal, unreported, or unregulated
fishing
after driftnet fishing
each place it
appears;
in subsection (b)(3)(A)(i), by inserting
or a negative certification under section 609(d) or section 610(c) of
the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826j(d), 1826k(c))
after (1)(A)
;
in subsection (b)(4)(A), by inserting
or issues a negative certification under section 609(d) or section
610(c) of the High Seas Driftnet Fishing Moratorium Protection Act
(16 U.S.C.
1826j(d), 1826k(c))
after paragraph
(1)
;
in subsection (b)(4)(A)(i), by striking
or illegal, unreported, or unregulated fishing
after
driftnet fishing
; and
in subsection (b)(4)(A)(i), by inserting
, or to address the offending activities for which a nation received a
negative certification under section 609(d) or 610(c) of the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C.
1826j(d), 1826k(c))
after beyond the exclusive
economic zone of any nation
.
Duration of negative certification effects
Section 102 of such Act (16 U.S.C. 1826b) is amended by—
striking or illegal, unreported, or
unregulated fishing
; and
inserting or effectively addressed
the offending activities for which the nation received a negative certification
under 609(d) or 610(c) of the High Seas Driftnet Fishing Moratorium Protection
Act (16 U.S.C.
1826j(d), 1826k(c))
before the period at the
end.
Amendments to the Tuna Conventions Act of 1950
Section 8 of the Tuna Conventions Act of 1950 (16 U.S.C. 957) is amended—
in subsection (a) by striking
knowingly
;
by striking subsections (d) through (g) and inserting the following:
Additional prohibitions and enforcement
For additional prohibitions relating to this Act and enforcement of this Act, see section 606 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g).
; and
by redesignating subsection (h) as subsection (e).
Amendments to North Pacific Anadromous Stocks Act of 1992
Unlawful activities
Section 810 of the North Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 5009) is amended—
in paragraph (5), by inserting ,
investigation,
after search
; and
in paragraph (6), by inserting ,
investigation,
after search
.
Additional prohibitions and enforcement
Section 811 of the Northern Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 5010) is amended to read as follows:
Additional prohibitions and enforcement
For additional prohibitions relating to this Act and enforcement of this Act, see section 606 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g).
.
Amendments to the Pacific Salmon Treaty Act of 1985
Section 8 of the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3637) is amended—
in subsection (a)(2)—
by inserting ,
investigation,
after search
; and
by striking this title;
and
inserting this Act;
;
in subsection (a)(3)—
by inserting ,
investigation,
after search
; and
by striking subparagraph (2)
;
and inserting paragraph (2);
;
in subsection (a)(5), by striking
this title; or
and inserting this Act;
;
by striking subsections (b) through (f) and inserting the following:
Additional prohibitions and enforcement
For additional prohibitions relating to this Act and enforcement of this Act, see section 606 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g).
.
Amendments to the Western and Central Pacific Fisheries Convention Implementation Act
The Western and Central Pacific Fisheries Convention Implementation Act (title V of Public Law 109–479) is amended—
in
section 503(a) (16
U.S.C. 6902(a)), by striking one of whom shall be the
chairman or a member of the Western Pacific Fishery Management Council and the
Pacific Fishery Management Council
and inserting one of whom
shall be a member of the Western Pacific Fishery Management Council, and one of
whom shall be a member of the Pacific Fishery Management
Council
;
in section 503(c)(1) (16 U.S.C.
6902(c)(1)), by striking shall be considered to be
Federal employees
and all that follows through the end of the sentence
and inserting shall not be considered Federal employees except for
purposes of injury compensation and tort claims liability as provided in
chapter
81 of title 5, United States Code, and
chapter 171 of title 28,
United States Code.
;
in section 503(d)(2)(B) (16 U.S.C. 6902(d)(2)(B)), by amending clause (ii) to read as follows:
shall not be considered Federal employees while performing service except for the purposes of injury compensation and tort claims liability as provided in chapter 81 of title 5, United States Code, and chapter 171 of title 28, United States Code.
;
by amending section 506(c) (16 U.S.C. 6905(c)) to read as follows:
Additional prohibitions and enforcement
For additional prohibitions relating to this Act and enforcement of this Act, see section 606 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g).
; and
in section 507(a)(2) (16 U.S.C.
6906(a)(2)) by striking suspension, on
and
inserting suspension, of
.
Amendments to the South Pacific Tuna Act of 1988
The South Pacific Tuna Act of 1988 is amended—
in section 5(a) (16 U.S.C. 973c(a))—
in paragraph (8), by inserting ,
investigation,
after search
; and
in paragraph (10), by inserting ,
investigation,
after search
; and
by striking sections 7 and 8 (16 U.S.C. 973e and 973f) and inserting the following:
Additional prohibitions and enforcement
For additional prohibitions relating to this Act and enforcement of this Act, see section 606 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g).
.
Amendments to the Antarctic Marine Living Resources Convention Act
The Antarctic Marine Living Resources Convention Act of 1984 is amended—
in section 306 (16 U.S.C. 2435)—
in paragraph (3), by striking which
he knows, or reasonably should have known, was
;
in paragraph (4), by inserting ,
investigation,
after search
; and
in paragraph (5), by inserting ,
investigation,
after search
;
in section 307 (16 U.S.C. 2436)—
by inserting (a)
In
general.—
before the first sentence; and
by adding at the end the following:
Regulations To implement conservation measures
In general
Notwithstanding subsections (b), (c), and (d) of section 553 of title 5, United States Code, the Secretary of Commerce may publish in the Federal Register a final regulation to implement any conservation measure for which the Secretary of State notifies the Commission under section 305(a)(1)—
that has been in effect for 12 months or less;
that is adopted by the Commission; and
with respect to which the Secretary of State does not notify Commission in accordance with section 305(a)(1) within the time period allotted for objections under Article IX of the Convention.
Entering into force
Upon publication of such regulation in the Federal Register, such conservation measure shall enter into force with respect to the United States.
; and
by striking sections 308 and 309 (16 U.S.C. 2437 and 2438) and inserting the following:
Additional prohibitions and enforcement
For additional prohibitions relating to this Act and enforcement of this Act, see section 606 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g).
.
Amendments to the Atlantic Tunas Convention Act
The Atlantic Tunas Convention Act of 1975 is amended—
in section 6(c)(2) (16 U.S.C. 971d(c)(2)(2))—
by striking (A)
and
inserting (i)
;
by striking (B)
and
inserting (ii)
;
by inserting (A)
after
(2)
; and
by adding at the end the following:
Notwithstanding the requirements of subparagraph (A) and subsections (b) and (c) of section 553 of title 5, United States Code, the Secretary may issue final regulations to implement Commission recommendations referred to in paragraph (1) concerning trade restrictive measures against nations or fishing entities.
;
in section 7 (16 U.S.C. 971e) by striking subsections (e) and (f) and redesignating subsection (g) as subsection (e);
in section 8 (16 U.S.C. 971f)—
by striking subsections (a) and (c); and
by inserting before subsection (b) the following:
For additional prohibitions relating to this Act and enforcement of this Act, see section 606 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g).
;
in section 8(b) by striking the
enforcement activities specified in section 8(a) of this Act
each place
it appears and inserting enforcement activities with respect to this Act
that are otherwise authorized by law
; and
by striking section 11 (16 U.S.C. 971j) and redesignating sections 12 and 13 as sections 11 and 12, respectively.
Amendments to the High Seas Fishing Compliance Act of 1965
Section 104(f) of the High Seas Fishing Compliance Act of 1995 (16 U.S.C. 5503(f)) is amended to read as follows:
Validity
A permit issued under this section for a vessel is void if—
any other permit or authorization required for the vessel to fish is expired, revoked, or suspended; or
the vessel is no longer documented under the laws of the United States or eligible for such documentation.
.
Amendments to the Pacific Whiting Act of 2006
Scientific experts on joint technical committee
Section 605(a)(1) of the Pacific Whiting Act of 2006 (16 U.S.C. 7004)(a)(1)) is amended to read as follows:
In general
The Secretary, in consultation with the Secretary of State, shall appoint no more than two individuals to serve as scientific experts on the joint technical committee, at least one of whom shall be an official of the National Oceanic and Atmospheric Administration.
; and
Treatment as Federal employees
Section 609(a) of
the Pacific Whiting Act of 2006 (16 U.S.C. 7008(a)) is amended by
striking shall be considered to be Federal employees while performing
such service, only for purposes of—
and all that follows and inserting
shall not be considered Federal employees while performing such service,
except for purposes of injury compensation or tort claims liability as provided
in chapter 81 of title 5, United
States Code, and
chapter 171 of title 28,
United States Code.
.
Amendments to the Dolphin Protection Consumer Information Act
The Dolphin Protection Consumer Information Act (16 U.S.C. 1385) is amended by amending subsection (e) to read as follows:
Additional prohibitions and enforcement
For additional prohibitions relating to this Act and enforcement of this Act, see section 606 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g).
.
Amendments to the Northern Pacific Halibut Act of 1982
Prohibited acts
Section 7 of the Northern Pacific Halibut Act of 1982 (16 U.S.C. 773e) is amended—
in paragraph (a) by redesignating subparagraphs (1) through (6) as subparagraphs (A) through (F);
by redesignating paragraphs (a) and (b) as paragraphs (1) and (2), respectively;
by in paragraph (1)(B), as so redesignated,
by inserting , investigation,
before or
inspection
;
by in paragraph (1)(C), as so redesignated,
by inserting , investigation,
before or
inspection
;
in paragraph (1)(E), as so redesignated, by
striking or
after the semicolon; and
in paragraph (1)(F), as so redesignated, by
striking section.
and inserting section;
or
.
Enforcement powers
Section 11 of the Northern Pacific Halibut Act of 1982 (16 U.S.C. 773i) is amended by adding at the end the following:
In addition to the powers of officers authorized pursuant to subsection (b), any officer who is authorized by the Secretary, or by the head of any Federal or State agency that has entered into an agreement with the Secretary under subsection (a), to enforce the Convention, this Act, or any regulation adopted under this Act, may—
search or inspect any facility or conveyance used or employed in, or which reasonably appears to be used or employed in, the storage, processing, transport, or trade of fish or fish products;
inspect records pertaining to the storage, processing, transport, or trade of fish or fish products; and
detain, for a period of up to 5 days, any shipment of fish or fish product imported into, landed on, introduced into, exported from, or transported within the jurisdiction of the United States, or, if such fish or fish product is deemed to be perishable, sell and retain the proceeds therefrom for a period of up to 5 days.
.
Amendments to the Northwest Atlantic Fisheries Convention Act of 1995
Section 207 of the Northwest Atlantic Fisheries Convention Act of 1995 (16 U.S.C. 5606) is amended—
in the section heading, by striking
and
penalties
and inserting and enforcement
;
in subsection (a)(2), by inserting ,
investigation,
before or inspection
;
in subsection (a)(3), by inserting ,
investigation,
before or inspection
; and
by striking subsections (b) through (f) and inserting the following:
Additional prohibitions and enforcement
For additional prohibitions relating to this Act and enforcement of this Act, see section 606 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g).
.
Amendment to the Magnuson-Stevens Fishery Conservation and Management Act
Section 307(1)(Q) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1857(1)(Q)) is amended by
inserting before the semicolon the following: or any treaty or in
contravention of any binding conservation measure adopted by an international
agreement or organization to which the United States is a party
.
International cooperation and assistance program
International cooperation and assistance program
The Secretary of Commerce, acting through the National Marine Fisheries Service, may establish an international cooperation and assistance program, including grants, to provide assistance for sustainable fishery management capacity building efforts.
Authorized activities
In carrying out the program, the Secretary may—
provide funding and technical expertise to other nations to assist them in addressing illegal, unreported, or unregulated fishing activities;
provide funding and technical expertise to other nations to assist them in reducing the loss and environmental impacts of derelict fishing gear, reducing the bycatch of living marine resources, and promoting international marine resource conservation;
provide funding, technical expertise, and training to other nations to aid them in building capacity for enhanced fisheries management, fisheries monitoring, catch and trade tracking activities, enforcement, and international marine resource conservation;
establish partnerships with other Federal agencies or non-governmental organizations, as appropriate, to ensure that fisheries development assistance to other nations is directed toward projects that promote sustainable fisheries; and
conduct outreach and education efforts in order to promote public and private sector awareness of international fisheries sustainability issues, including the need to combat illegal, unreported, or unregulated fishing activity and to promote international marine resource conservation.
Guidelines
The Secretary may establish guidelines necessary to implement the program.
Authorization of appropriations
There is
authorized to be appropriated to the Secretary
$5,000,000
for each of fiscal years 2010 through 2015 to carry out this section.
Passed the House of Representatives September 22, 2009.
Lorraine C. Miller,
Clerk.