Illegal, Unreported, and Unregulated Fishing Enforcement Act of 2015

(This measure has not been amended since it was passed by the House on July 27, 2015. The summary of that version is repeated here.)

Illegal, Unreported, and Unregulated Fishing Enforcement Act of 2015

This bill revises enforcement mechanisms of several Acts to address illegal, unreported, or unregulated (IUU) fishing.

TITLE I--STRENGTHENING FISHERIES ENFORCEMENT MECHANISMS

(Sec. 101) This bill amends the High Seas Driftnet Fishing Moratorium Protection Act to revise and apply its enforcement provisions to:

• the Pacific Salmon Treaty Act of 1985,
• the Dolphin Protection Consumer Information Act,
• the Tuna Conventions Act of 1950,
• the North Pacific Anadromous Stocks Act of 1992,
• the Atlantic Tunas Convention Act of 1975,
• the Northwest Atlantic Fisheries Convention Act of 1995,
• the Western and Central Pacific Fisheries Convention Implementation Act, and
• the Antigua Convention Implementing Act of 2015.

The High Seas Driftnet Fishing Moratorium Protection Act is revised to direct the Department of Commerce to prevent a person from violating those Acts in the same manner as though specified enforcement provisions of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) had been incorporated into each Act, including civil and criminal penalties, permit sanctions, and civil forfeiture procedures. Additional enforcement authorities are established with respect to searches and seizures, inspections, shipment detentions, the carrying of firearms, arrests, and the execution of subpoenas.

The MSA is amended to make it unlawful for any person to import, export, transport, sell, acquire, or purchase in interstate or foreign commerce any fish taken, possessed, transported, or sold in violation of 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.

Commerce may: (1) engage in international cooperation to help other nations combat IUU fishing and achieve sustainable fisheries; and (2) disclose certain enforcement information to state or federal agencies or internationally to ensure compliance with measures Commerce enforces, including international fishery agreements to which the United States is a party. Commerce is subject to the data confidentiality provisions of the MSA, except with respect to: (1) obligations of the United States to share information under a regional fisheries management organization of which the United States is a member, or (2) information collected by Commerce regarding foreign vessels.

The High Seas Driftnet Fishing Moratorium Protection Act is amended to require Commerce to take actions to improve the effectiveness of arrangements made pursuant to an international fishery agreement in conserving and managing fish stocks under its jurisdiction.

Commerce may: (1) develop and publish a list of vessels engaged in IUU fishing or fishing-related activities in support of IUU, including vessels or vessel owners identified by an international fishery management organization or arrangement made pursuant to an international fishery agreement; and (2) take action against listed vessels.

Certain sanctions concerning IUU fishing are revised. The bill eliminates the denial of port privileges to vessels because Commerce has not yet issue a certification that a nation's nationals or vessels are not engaging in IUU fishing.

Commerce must identify nations that: (1) violate conservation and management measures required under an international fishery management agreement to which the United States is a party, or (2) fail to effectively address or regulate IUU fishing or practices in the last three years. Provisions of the High Seas Driftnet Fishing Moratorium Protection Act that apply to nations are applied to other entities that have competency to enter into international fishery management agreements as appropriate.

The bill authorizes enforcement programs for the fishery laws mentioned in this title and for the identification of those nations through FY2020.

(Sec. 102) The High Seas Driftnet Fisheries Enforcement Act is amended to require denial of port privileges and other sanctions for fishing vessels of a nation that receives a negative IUU or conservation certification.

(Sec. 106) The Antarctic Marine Living Resources Convention Act of 1984 is amended to remove a requirement that, in order to be a violation of the Act, a person knew, or reasonably should have known, that an Antarctic marine living resource was harvested in violation of the Act. Commerce may publish in the Federal Register a final regulation to implement certain conservation measures.

(Sec. 107) The Atlantic Tunas Convention Act of 1975 is amended to remove a requirement for Commerce to submit an annual report on the conservation and management of highly migratory species.

(Sec. 108) The High Seas Fishing Compliance Act of 1995 is amended to void high seas fishing permits if any other required permit or authorization is expired, revoked, or suspended or if the vessel is no longer documented under U.S. laws or eligible for the documentation.

TITLE II--IMPLEMENTATION OF THE ANTIGUA CONVENTION

Antigua Convention Implementing Act of 2015

(Sec. 202) The Tuna Conventions Act of 1950 is amended to revise provisions regarding: (1) the Inter-American Tropical Tuna Commission, (2) the General Advisory Committee, (3) the Scientific Advisory Subcommittee, and (4) enforcement.

(Sec. 210) The Eastern Pacific Tuna Licensing Act of 1984 is repealed.

TITLE III--AGREEMENT ON PORT STATE MEASURES TO PREVENT, DETER AND ELIMINATE ILLEGAL, UNREPORTED AND UNREGULATED FISHING

Port State Measures Agreement Act of 2015

(Sec. 304) Commerce may promulgate regulations to carry out the implementation of the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, done at the Food and Agriculture Organization of the United Nations, in Rome, Italy, November 22, 2009, and signed by the United States November 22, 2009. The Agreement provides tools for nations to address IUU fishing and to prevent IUU-caught fish from entering markets and competing with legally-caught fish. It recognizes that all seafood must pass through a port to get to market and allows nations to use inspections to prevent IUU fish from reaching the market.