South Pacific Tuna Act of 2022
This bill revises federal requirements for U.S. commercial fishing vessels operating in the South Pacific.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9538 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 9538
To amend the South Pacific Tuna Act (16 U.S.C. 973 et seq.).
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 14, 2022
Mr. Case (for himself and Mrs. Radewagen) introduced the following
bill; which was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To amend the South Pacific Tuna Act (16 U.S.C. 973 et seq.).
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
Act of 2022''.
(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.
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. 18. Authorization of appropriations.
SEC. 2. AMENDMENT OF SOUTH PACIFIC TUNA ACT.
Except as otherwise expressly provided, wherever in this title 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
(16 U.S.C. 973 et seq.).
SEC. 3. DEFINITIONS.
(a) Applicable National Law.--Section 2 (16 U.S.C. 973) is amended
by striking ``described in paragraph 1(a) of Annex I of'' in paragraph
(4) of section 2, and inserting in its place: ``noticed and in effect
in accordance with''.
(b) Closed Area.--Section 2 (16 U.S.C. 973) is amended by striking
``of the closed areas identified in Schedule 2 of Annex I of'' in
paragraph (5) of section 2, and inserting in its place: ``area within
the jurisdiction of a Pacific Island Party that is closed to vessels
pursuant to that Party's national laws, and is noticed and in effect in
accordance with''.
(c) Fishing.--Section 2 (16 U.S.C. 973) is amended by--
(1) inserting ``for any purpose'' after ``harvesting of
fish'' at the end of paragraph (6)(C) of section 2;
(2) striking ``aircraft'' at the beginning of paragraph
(6)(F) of section 2;
(3) striking ``, relating to the activities'' in paragraph
(6)(F) of section 2, and inserting in its place: ``of any other
vessel, vehicle, aircraft or hovercraft, for any activity'';
(4) striking ``flights in'' after ``except for'' in
paragraph (6)(F) of section 2;
(5) inserting ``the'' after ``health or safety of'' in
paragraph (6)(F) of section 2; and
(6) striking ``members'' after ``crew'' in paragraph (6)(F)
of section 2.
(d) Fishing Vessel.--Section 2 (16 U.S.C. 973) is amended by--
(1) inserting ``purse seine'' after ``used for commercial''
in paragraph (7) of section 2; and
(2) inserting ``for tuna'' after ``purse seine fishing'' in
paragraph (7) of section 2, as so amended.
(e) Licensing Area.--Section 2 (16 U.S.C. 973) is amended by
striking ``in the Treaty Area except for'' and all that follows,
including subparagraphs (A), (B), and (C), in paragraph (8) of section
2, and inserting in its place: ``under the jurisdiction of the Pacific
Island Parties except for internal waters, territorial seas,
archipelagic waters and any Closed Area.''.
(f) Limited Area.--Section 2 (16 U.S.C. 973) is amended by--
(1) striking paragraph (10) of section 2; and
(2) redesignating existing paragraphs (11) through (14) of
section 2 as paragraphs (10) through (13), respectively.
(g) Regional Terms and Conditions.--Section 2 (16 U.S.C. 973) is
amended by inserting after paragraph (13) of section 2, as so
redesignated, the following new paragraph--
``(14) 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.''.
(h) Treaty Area.--Section 2 (16 U.S.C. 973) is amended by striking
paragraph (18) of section 2.
SEC. 4. PROHIBITED ACTS.
(a) Section 5(a) (16 U.S.C. 973c) is amended by--
(1) striking ``Except as provided in section 973d of this
title, it'' at the beginning of section 5(a), and inserting in
its place: ``It'';
(2) striking paragraphs (3) and (4);
(3) redesignating existing paragraphs (5) through (13) as
paragraphs (3) through (11), respectively;
(4) inserting ``, except in accordance with an agreement
pursuant to the Treaty'' after ``Closed Area'' at the end of
paragraph (3), as so redesignated;
(5) striking ``or'' at the end of paragraph (10), as so
redesignated;
(6) striking ``.'' at the end of paragraph (11), as so
resdesignated, and inserting in its place ``;''; and
(7) inserting after paragraph (11), as so redesignated, the
following new paragraphs--
``(12) to violate any of the regional terms and conditions;
or
``(13) to violate any limit on authorized fishing effort or
catch.''.
(b) Section 5(b) (16 U.S.C. 973c) is amended by--
(1) striking ``Except as provided in section 973d of this
title, it'' at the beginning of section 5(b), and inserting in
its place: ``It'';
(2) striking paragraph (5); and
(3) redesignating existing paragraphs (6) and (7) as
paragraphs (5) and (6), respectively.
SEC. 5. EXCEPTIONS.
(a) Section 6 (16 U.S.C. 973d) is amended by striking section 6,
including the section heading of section 6 and subsections (a) and (b),
and inserting in its place: ``[Reserved]''.
SEC. 6. CRIMINAL OFFENSES.
(a) Prohibited Acts.--Section 7(a) (16 U.S.C. 973e) is amended by
striking ``section 973c(a)(8), (10), (11), or (12)'', and inserting in
its place: ``section 973c(a)(6), (8), (9), or (10)''.
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) is
amended by--
(1) striking ``Code'' after ``liable to the United
States''; and
(2) striking ``Except for those acts prohibited by section
973c(a)(4), (5), (7), (8), (10), (11), and (12), and section
973c(b)(1), (2), (3), and (7) of this title, the'', and
inserting in its place: ``The''.
(b) Waiver of Referral to Attorney General.--Section 8(g) (16
U.S.C. 973f) is amended by--
(1) striking ``(8), (9),'' after ``(5), (6), (7),'' at the
beginning of paragraph (g), and inserting in its place: ``(11),
(12), or''; and
(2) striking ``, all Limited Areas closed to fishing,''
after ``outside of the Licensing Area'' in paragraph (2).
SEC. 8. LICENSES.
(a) Forwarding and Transmittal of Vessel License Application.--
Section 9(b) (16 U.S.C. 973g) is amended by--
(1) striking ``Except as provided in subsections'' at the
beginning of section 9(b), and inserting in its place: ``In
accordance with subsection'';
(2) inserting ``and except as provided in subsection''
after ``In accordance with subsection (e),'' at the beginning
of section 9(b), as so amended;
(3) striking ``, and (g)'' at the beginning of section
9(b);
(4) striking ``to the Secretary of State for transmittal'';
and
(5) striking ``, includes a complete application form as
required by Annex II of the Treaty, and is accompanied by the
required license fee'' at the end of section 9(b).
(b) Fees and Schedules.--Section 9(c) (16 U.S.C. 973g) is amended
by--
(1) striking ``and fee schedules'' in the section heading
of section 9(c);
(2) striking paragraph (1);
(3) striking ``(2) After such initial year, fees for vessel
licenses'' of paragraph (2), and inserting in its place: ``Fees
required under the Treaty'';
(4) striking ``fee schedules established under Annex II
of''; and
(5) striking ``published by the Secretary'' at the end of
section 9(c), and inserting in its place: ``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(f) (16 U.S.C. 973g) is amended by--
(1) striking section 9(f); and
(2) redesignating existing sections 9(g) and 9(h) as
sections 9(f) and 9(g), respectively.
(d) Grounds for Denial of Forwarding of License Application.--
Section 9(f) (16 U.S.C. 973g), as so redesignated, is amended by
striking ``chapter'' at the end of paragraph (4), and inserting in its
place: ``title''.
(e) Grandfathering of Vessels Documented Before November 3, 1995.--
Section 9(g) (16 U.S.C. 973g), as so redesignated, is amended by--
(1) in paragraph (1), replacing ``12108'' with ``12113'';
(2) striking ``Treaty'' after ``may fish for tuna in the''
in paragraph (3) and inserting in its place: ``Licensing'';
(3) striking ``including those waters subject to the
jurisdiction of the United States'' in paragraph (3) and
inserting in its place: ``and on the high seas and in waters
subject to the jurisdiction of the United States west of 146
W. longitude and east of 129.5 E longitude'';
(4) striking ``treaty and'' after ``subject to the
provisions of the'' in paragraph (3), and inserting in its
place: ``Treaty,'';
(5) inserting ``and other applicable law,'' in paragraph
(3) after ``this chapter,'';
(6) striking ``fishing in the Treaty Area'' after
``provided that no such vessel'' in paragraph (3); and
(7) striking ``under the provisions of the Treaty or this
chapter'' at the end of paragraph (3).
SEC. 9. ENFORCEMENT.
(a) Notice Requirements to Pacific Island Party Concerning
Institution and Outcome of Legal Proceedings.--Section 10(c) (16 U.S.C.
973h) is amended by--
(1) striking ``paragraph 8 of Article 4 of'' after ``notify
the Pacific Island Party in accordance with'' in paragraph (1);
and
(2) striking ``Article 10 of'' after ``effective date of
the notice under'' at the end of paragraph (1).
(b) Searches and Seizures by Authorized Officers; Limitations on
Power.--Section 10(d) (16 U.S.C. 973h) is amended by--
(1) striking ``or'' at the end of paragraph (1)(A)(ii); and
(2) inserting ``or'' at the end of paragraph (1)(A)(iii).
SEC. 10. FINDINGS BY SECRETARY.
(a) Order of Vessel To Leave Waters Upon Failure To Submit to
Jurisdiction of Pacific Island Party; Procedure Applicable.--Section
11(a) (16 U.S.C. 973i) is amended by--
(1) striking ``, all Limited Areas,'' after ``leave
immediately the Licensing Area'' in section 11(a);
(2) striking ``paragraph 2 of Article 3 of'' after ``and
that under'' in paragraph (1)(A);
(3) striking ``within the Treaty Area'' after ``final
determination deriving from a violation in waters'' in
paragraph (1)(C), and inserting in its place: ``under the
jurisdiction'';
(4) striking ``(a)(5),'' after ``section 973c(a)(4),'' in
paragraph (2)(A);
(5) striking ``(7)'' after ``section 973c(b)'' in paragraph
(2)(B), and inserting in its place: ``(6)''; and
(6) striking ``(7)'' after ``section 973c(b)'' in paragraph
(2)(C), and inserting in its place: ``(6)''.
(b) Order of Vessel To Leave Waters Where Pacific Island Party
Investigating Alleged Treaty Infringement.--Section 11(b) (16 U.S.C.
973i) is amended by striking ``paragraph 7 of Article 5 of'' after
``Parties has been made under''.
SEC. 11. REPORTING REQUIREMENTS; DISCLOSURE OF INFORMATION.
(a) Section 12(a) (16 U.S.C. 973j) is amended by--
(1) striking ``Holders of licenses'' at the beginning of
section 12(a), and inserting in its place: ``Operators''; and
(2) striking ``of part 4 of Annex I to the Treaty'' at the
end of section 12(a), and inserting in its place: ``established
by the Secretary''.
(b) Section 12(b) (16 U.S.C. 973j) is amended by--
(1) striking section 12(b), and inserting the following new
paragraphs in its place--
``(b) The following information shall be confidential and shall not
be disclosed, except in accordance with subsection (c) below--
``(1) information provided to the Secretary by the
Administrator that the Administrator has designated
confidential;
``(2) observer information; and
``(3) any information submitted to the Secretary by any
person in compliance with the requirements of this title.
``(c) The Secretary may disclose information described in
subsection (b):
``(1) if disclosure is required under court order;
``(2) if the information is used by Federal employees for
enforcement, or in support of the Coast Guard's homeland and
national security missions as defined in 6 U.S.C. 468;
``(3) if the information is used by Federal employees or
Fishery Management Council employees for Treaty administration
or fishery management and monitoring;
``(4) to the Administrator, in accordance with the
requirements of the Treaty and this title;
``(5) to the secretariat or equivalent of an international
fisheries management organization of which the United States is
a member, in accordance with its requirements or decisions, and
insofar as possible, in accordance with an agreement that
prevents public disclosure of the business or identity of any
person; or
``(6) if the Secretary has obtained written authorization
from the person providing such information, and release does
not violate other requirements of this title.
``(d) Notwithstanding subsections (b) and (c) above, the Secretary
may, by regulations, prescribe such procedures as may be necessary to
preserve the confidentiality of information described in subsection
(b), except that the Secretary may release or make public any such
information in any aggregate or summary form, which does not directly
or indirectly disclose the identity or business of any person
submitting such information.''.
SEC. 12. CLOSED AREA STOWAGE REQUIREMENTS.
(a) Section 13 (16 U.S.C. 973k) is amended by striking ``. In
particular, the boom shall be lowered'' and all that follows, and
inserting in its place: ``and in accordance with any requirements
established by the Secretary.''.
SEC. 13. OBSERVERS.
(a) Section 14 (16 U.S.C. 973l) is amended by striking the text of
section 14, including subsections (a), (b), and (c), and paragraphs
(1), (2), (3), and (4) of subsection (a), and inserting in its place:
``Operators shall comply with the requirements established by the
Secretary regarding vessel observers.''.
SEC. 14. TECHNICAL ASSISTANCE.
(a) Section 15 (16 U.S.C. 973m) is amended by striking the text of
section 15, 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 Treaty. This may include the provision of technical
assistance, training and capacity building opportunities, facilitation
of the implementation of private sector activities or partnerships, and
other activities as appropriate.''.
SEC. 15. ARBITRATION.
(a) Section 16 (16 U.S.C. 973n) is amended by--
(1) striking ``Article 6 of'' after ``arbitral tribunal
under''; and
(2) striking ``paragraph 3 of that Article'', and inserting
in its place: ``the Treaty, shall determine the location of the
arbitration''.
SEC. 16. DISPOSITION OF FEES, PENALTIES, FORFEITURES, AND OTHER MONEYS.
(a) Section 17 (16 U.S.C. 973o) is amended by striking ``Article 4
of''.
SEC. 17. ADDITIONAL AGREEMENTS.
(a) Section 18 (16 U.S.C. 973p) is amended by striking the text of
section 18, and inserting in its place: ``The Secretary may establish
procedures for review of any agreements for additional fishing access
entered into pursuant to the Treaty.''.
SEC. 18. AUTHORIZATION OF APPROPRIATIONS.
(a) Section 20(a) (16 U.S.C. 973r) is amended by striking section
20(a), including paragraphs (1) and (2), and inserting in its place:
``(a) There are authorized to be appropriated such sums as may be
necessary for carrying out the purposes and provisions of the Treaty
and this title.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
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