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House Bill 1792
118th Congress(2023-2024)
South Pacific Tuna Treaty Act of 2023
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Passed House on Apr 9, 2024
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H. R. 1792 (Reported-in-House)

Union Calendar No. 354

118th CONGRESS
2d Session
H. R. 1792

[Report No. 118–429]


To amend the South Pacific Tuna Act of 1988, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

March 24, 2023

Mrs. Radewagen (for herself and Mr. Case) introduced the following bill; which was referred to the Committee on Natural Resources

March 21, 2024

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on March 24, 2023]

A BILL

To amend the South Pacific Tuna Act of 1988, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title; table of contents.

(a) Short title.—This Act may be cited as the “South Pacific Tuna Treaty Act of 2023”.

(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 of 1988.
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. 2. Amendment of South Pacific Tuna Act of 1988.

Except as otherwise expressly provided, wherever in this Act 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 of 1988 (16 U.S.C. 973 et seq.).

SEC. 3. Definitions.

(a) Applicable national law.—Section 2(4) (16 U.S.C. 973(4)) is amended by striking “described in paragraph 1(a) of Annex I of” and inserting “noticed and in effect in accordance with”.

(b) Closed Area.—Section 2(5) (16 U.S.C. 973(5)) is amended by striking “of the closed areas identified in Schedule 2 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 with”.

(c) Fishing.—Section 2(6) (16 U.S.C. 973(6)) is amended—

(1) in subparagraph (C), by inserting “for any purpose” after “harvesting of fish”; and

(2) by amending subparagraph (F) to read as follows:

“(F) use of any other vessel, vehicle, aircraft, or hovercraft, for any activity described in this paragraph except for emergencies involving the health or safety of the crew or the safety of a vessel.”.

(d) Fishing vessel.—Section 2(7) (16 U.S.C. 973(7)) is amended by striking “commercial fishing” and inserting “commercial purse seine fishing for tuna”.

(e) Licensing Area.—Section 2(8) (16 U.S.C. 973(8)) is amended by striking “in the Treaty Area” and all that follows and inserting “under the jurisdiction of a Pacific Island Party, except for internal waters, territorial seas, archipelagic waters, and any Closed Area.”.

(f) Limited Area; Party; Treaty Area.—Section 2 (16 U.S.C. 973) is amended—

(1) by striking paragraphs (10), (13), and (18);

(2) by redesignating paragraphs (11) and (12) as paragraphs (10) and (11), respectively;

(3) by redesignating paragraph (14) as paragraph (12); and

(4) by redesignating paragraphs (15) through (17) as paragraphs (14) through (16), respectively.

(g) Regional terms and conditions.—Section 2 (16 U.S.C. 973) is amended by inserting after paragraph (12), as so redesignated, the following:

“(13) 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.”.

SEC. 4. Prohibited acts.

(a) In general.—Section 5(a) (16 U.S.C. 973c(a)) is amended—

(1) by striking “Except as provided in section 6 of this Act, it” at the beginning and inserting “It”;

(2) by striking paragraphs (3) and (4);

(3) by redesignating paragraphs (5) through (13) as paragraphs (3) through (11), respectively;

(4) in paragraph (3), as so redesignated, by inserting “, except in accordance with an agreement pursuant to the Treaty” after “Closed Area”;

(5) in paragraph (10), as so redesignated, by striking “or” at the end;

(6) in paragraph (11), as so redesignated, by striking the period at the end and inserting a semicolon; and

(7) by adding at the end the following:

“(12) to violate any of the regional terms and conditions; or

“(13) to violate any limit on authorized fishing effort or catch.”.

(b) In the Licensing Area.—Section 5(b) (16 U.S.C. 973c(b)) is amended—

(1) by striking “Except as provided in section 6 of this Act, it” and inserting “It”;

(2) by striking paragraph (5); and

(3) by redesignating paragraphs (6) and (7) as paragraphs (5) and (6), respectively.

SEC. 6. Criminal offenses.

Section 7(a) (16 U.S.C. 973e(a)) is amended by striking “section 5(a) (8), (10), (11), or (12)” and inserting “paragraphs (6), (8), (9), or (10) of section 5(a)”.

SEC. 7. Civil penalties.

(a) Determination of liability; amount; participation by secretary of state in assessment proceeding.—Section 8(a) (16 U.S.C. 973f(a)) is amended—

(1) by striking “Code” after “liable to the United States”; and

(2) by striking “Except for those acts prohibited by section 5(a) (4), (5), (7), (8), (10), (11), and (12), and section 5(b) (1), (2), (3), and (7) of this Act, the” and inserting “The”.

(b) Waiver of referral to attorney general.—Section 8(g) (16 U.S.C. 973f(g)) is amended—

(1) by striking “section 5(a)(1), (2), (3), (4), (5), (6), (7), (8), (9), or (13)” and inserting “paragraphs (1), (2), (3), (4), (5), (6), (7), (11), (12), or (13) of section 5(a)”; and

(2) in paragraph (2), by striking “, all Limited Areas closed to fishing,” after “outside of the Licensing Area”.

SEC. 8. Licenses.

(a) Forwarding and transmittal of vessel license application.—Section 9(b) (16 U.S.C. 973g(b)) is amended to read as follows:

“(b) In accordance with subsection (e), and except as provided in subsection (f), the Secretary shall forward a vessel license application to the Administrator whenever such application is in accordance with application procedures established by the Secretary.”.

(b) Fees and schedules.—Section 9(c) (16 U.S.C. 973g(c)) is amended to read as follows:

“(c) Fees required under the Treaty shall be paid in accordance with the Treaty and 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 (16 U.S.C. 973g) is amended—

(1) by striking subsection (f);

(2) by redesignating subsections (g) and (h) as subsections (f) and (g), respectively;

(3) by amending subsection (f), as so redesignated, to read as follows:

“(f) The Secretary, in consultation with the Secretary of State, may determine that a license application should not be forwarded to the Administrator if—

“(1) the application is not in accordance with the Treaty or the procedures established by the Secretary; or

“(2) the owner or charterer—

“(A) is the subject of proceedings under the bankruptcy laws of the United States, unless reasonable financial assurances have been provided to the Secretary;

“(B) 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 insurance; or

“(C) has not paid any penalty which has become final, assessed by the Secretary in accordance with this Act.”; and

(4) in subsection (g), as so redesignated—

(A) by amending paragraph (1) to read as follows:

“(1) chapter 12113 of title 46, United States Code;”;

(B) in paragraph (2), by inserting “of 1972” after “Marine Mammal Protection Act”;

(C) in paragraph (3), by inserting “of 1972” after “Marine Mammal Protection Act”; and

(D) in the matter that follows paragraph (3), by striking “any vessel documented” and all that follows and inserting the following:

“any vessel documented under the laws of the United States as of the date of enactment of the Fisheries Act of 1995 for which a license has been issued under subsection (a) may fish for tuna in the Licensing Area, and on the high seas and in waters subject to the jurisdiction of the United States west of 146° west longitude and east of 129.5° east longitude in accordance with international law, subject to the provisions of the Treaty, this Act, and other applicable law, provided that no such vessel intentionally deploys a purse seine net to encircle any dolphin or other marine mammal in the course of fishing.”.

SEC. 9. Enforcement.

(a) Notice requirements to Pacific Island Party concerning institution and outcome of legal proceedings.—Section 10(c)(1) (16 U.S.C. 973h(c)(1)) is amended—

(1) by striking “paragraph 8 of Article 4 of”; and

(2) by striking “Article 10 of”.

(b) Searches and seizures by authorized officers; limitations on power.—Section 10(d)(1)(A) (16 U.S.C. 973h(d)(1)(A)) is amended—

(1) in clause (ii), by striking “or” at the end; and

(2) in clause (iii), by adding “or” at the end.

SEC. 10. Findings by Secretary.

(a) Order to leave waters upon failure to submit to jurisdiction of Pacific Island Party; procedure applicable.—Section 11(a) (16 U.S.C. 973i(a)) is amended—

(1) by striking “, all Limited Areas,”;

(2) in paragraph (1)—

(A) in subparagraph (A), by striking “paragraph 2 of Article 3 of”; and

(B) in subparagraph (C), by striking “within the Treaty Area” and inserting “under the jurisdiction”; and

(3) in paragraph (2)—

(A) in subparagraph (A), by striking “section 5 (a)(4), (a)(5), (b)(2), or (b)(3)” and inserting “paragraph (4) of section 5(a) or paragraphs (2) or (3) of section 5(b)”;

(B) in subparagraph (B), by striking “(7)” and inserting “(6)”; and

(C) in subparagraph (C), by striking “(7)” and inserting “(6)”.

(b) Order of vessel to leave waters where Pacific Island Party investigating alleged Treaty infringement.—Section 11(b) (16 U.S.C. 973i(b)) is amended by striking “paragraph 7 of Article 5 of”.

SEC. 11. Reporting requirements; disclosure of information.

Section 12 (16 U.S.C. 973j) is amended to read as follows:

“SEC. 12. Reporting.

“(a) Prohibited disclosure of certain information.—The Secretary shall keep confidential and may not disclose the following information, except in accordance with subsection (b):

“(1) Information provided to the Secretary by the Administrator that the Administrator has designated confidential.

“(2) Information collected by observers.

“(3) Information submitted to the Secretary by any person in compliance with the requirements of this Act.

“(b) Permitted disclosure of certain information.—The Secretary may disclose information described in subsection (a)—

“(1) if disclosure is ordered by a court;

“(2) if the information is used by a Federal employee—

“(A) for enforcement; or

“(B) in support of the homeland and national security missions of the Coast Guard as defined in section 888 of the Homeland Security Act of 2002 (6 U.S.C. 468);

“(3) if the information is used by a Federal employee or an employee of the Fishery Management Council for Treaty administration or fishery management and monitoring;

“(4) to the Administrator, in accordance with the requirements of the Treaty and this Act;

“(5) to the secretariat or equivalent of an international fisheries management organization of which the United States is a member, in accordance with the requirements or decisions of such organization, and insofar as possible, in accordance with an agreement that prevents public disclosure of the identity of any person that submits such information;

“(6) if the Secretary has obtained written authorization from the person providing such information, and disclosure does not violate other requirements of this Act; or

“(7) in an aggregate or summary form that does not directly or indirectly disclose the identity of any person that submits such information.”.

SEC. 12. Closed Area stowage requirements.

Section 13 (16 U.S.C. 973k) is amended by striking “. In particular, the boom shall be lowered” and all that follows and inserting “and in accordance with any requirements established by the Secretary.”.

SEC. 14. Technical assistance.

Section 15 (16 U.S.C. 973m) is amended to read as follows:

“SEC. 15. 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 Treaty, including—

“(1) technical assistance;

“(2) training and capacity building opportunities;

“(3) facilitation of the implementation of private sector activities or partnerships; and

“(4) other activities as determined appropriate by the Secretary and the Secretary of State.”.

SEC. 15. Arbitration.

Section 16 (16 U.S.C. 973n) is amended—

(1) by striking “Article 6 of” after “arbitral tribunal under”; and

(2) by striking “paragraph 3 of that Article”, and inserting “the Treaty, shall determine the location of the arbitration”.

SEC. 16. Disposition of fees, penalties, forfeitures, and other moneys.

Section 17 (16 U.S.C. 973o) is amended by striking “Article 4 of”.

SEC. 17. Additional agreements.

Section 18 (16 U.S.C. 973p) is amended by striking “Within 30 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 Treaty.”.

Union Calendar No. 354

118th CONGRESS
     2d Session
H. R. 1792
[Report No. 118–429]
A BILL
To amend the South Pacific Tuna Act of 1988, and for other purposes.
March 21, 2024
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed