What This Bill Does
This bill updates the South Pacific Tuna Act of 1988, which governs how American fishing vessels operate in the South Pacific. The changes modify rules about where vessels can fish, what activities are prohibited, and how the government enforces these rules. The bill also repeals (cancels) some old sections and creates new ones for licensing and information sharing.
Who It Affects
Commercial fishing vessel owners and operators who fish for tuna in the South Pacific, the federal government agencies that issue fishing licenses, Pacific Island nations that control fishing in their waters, and observers placed on fishing vessels to monitor activities.
Key Provisions
• Vessels must follow regional terms and conditions (specific rules) attached to their fishing licenses by the Administrator (Sec. 4)
• Vessels cannot fish in closed areas except as allowed under a treaty agreement (Sec. 4)
• The government must keep confidential certain information including data from observers and information from fishermen, except when a court orders disclosure or federal employees need it for enforcement (Sec. 11)
• A vessel documented under United States law can fish for tuna in the Licensing Area and on the high seas in specified ocean regions, but cannot intentionally use a purse seine net (a type of fishing net) to catch dolphins or other marine mammals (Sec. 8)
• The Secretary can refuse to forward a license application if the vessel owner has not paid a penalty, if the vessel is not fully insured, or if the owner is in bankruptcy proceedings without financial assurances (Sec. 8)
What Changes
The bill removes the requirement that vessel licenses meet old conditions from Annex I of a treaty agreement and replaces it with simpler language about being "noticed and in effect." The bill repeals the entire section on exceptions to prohibited acts. Rules about closed areas now reference only those closed by Pacific Island nations under their own laws, rather than specific areas from a treaty schedule. The bill adds two new prohibited acts: violating regional terms and conditions, and violating limits on fishing effort or catch.
Important Definitions
• Closed Area: An area within the jurisdiction of a Pacific Island Party (nation that is party to the treaty) that is closed to vessels under that nation's law (Sec. 3)
• Regional terms and conditions: Any terms or conditions that the Administrator attaches to a fishing license (Sec. 3)
• Fishing: Includes searching for fish, catching fish, or harvesting fish "for any purpose," plus using vessels, vehicles, aircraft, or hovercraft for these activities (except in emergencies involving crew health or vessel safety) (Sec. 3)
Effective Date
Not specified in bill text
IIB
118TH CONGRESS
2D SESSION
H. R. 1792
IN THE SENATE OF THE UNITED STATES
APRIL 10, 2024
Received; read twice and referred to the Committee on Commerce, Science,
and Transportation
AN ACT
To amend the South Pacific Tuna Act of 1988, and for
other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
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(a) SHORT TITLE.—This Act may be cited as the
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‘‘South Pacific Tuna Treaty Act of 2023’’.
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(b) TABLE OF CONTENTS.—The table of contents of
4
this Act is as follows:
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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.
6
Except as otherwise expressly provided, wherever in
7
this Act an amendment or repeal is expressed in terms
8
of an amendment to, or repeal of, a section or other provi-
9
sion, the reference shall be considered to be made to a
10
section or other provision of the South Pacific Tuna Act
11
of 1988 (16 U.S.C. 973 et seq.).
12
SEC. 3. DEFINITIONS.
13
(a) APPLICABLE NATIONAL LAW.—Section 2(4) (16
14
U.S.C. 973(4)) is amended by striking ‘‘described in para-
15
graph 1(a) of Annex I of’’ and inserting ‘‘noticed and in
16
effect in accordance with’’.
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(b) CLOSED AREA.—Section 2(5) (16 U.S.C. 973(5))
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is amended by striking ‘‘of the closed areas identified in
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Schedule 2 of Annex I of’’ and inserting ‘‘area within the
3
jurisdiction of a Pacific Island Party that is closed to ves-
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sels pursuant to a national law of that Pacific Island Party
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and is noticed and in effect in accordance with’’.
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(c) FISHING.—Section 2(6) (16 U.S.C. 973(6)) is
7
amended—
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(1) in subparagraph (C), by inserting ‘‘for any
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purpose’’ after ‘‘harvesting of fish’’; and
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(2) by amending subparagraph (F) to read as
11
follows:
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‘‘(F) use of any other vessel, vehicle, air-
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craft, or hovercraft, for any activity described
14
in this paragraph except for emergencies involv-
15
ing the health or safety of the crew or the safe-
16
ty of a vessel.’’.
17
(d) FISHING VESSEL.—Section 2(7) (16 U.S.C.
18
973(7)) is amended by striking ‘‘commercial fishing’’ and
19
inserting ‘‘commercial purse seine fishing for tuna’’.
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(e) LICENSING AREA.—Section 2(8) (16 U.S.C.
21
973(8)) is amended by striking ‘‘in the Treaty Area’’ and
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all that follows and inserting ‘‘under the jurisdiction of
23
a Pacific Island Party, except for internal waters, terri-
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torial seas, archipelagic waters, and any Closed Area.’’.
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(f) LIMITED AREA; PARTY; TREATY AREA.—Section
1
2 (16 U.S.C. 973) is amended—
2
(1) by striking paragraphs (10), (13), and (18);
3
(2) by redesignating paragraphs (11) and (12)
4
as paragraphs (10) and (11), respectively;
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(3) by redesignating paragraph (14) as para-
6
graph (12); and
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(4) by redesignating paragraphs (15) through
8
(17) as paragraphs (14) through (16), respectively.
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(g) REGIONAL TERMS AND CONDITIONS.—Section 2
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(16 U.S.C. 973) is amended by inserting after paragraph
11
(12), as so redesignated, the following:
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‘‘(13) The term ‘regional terms and conditions’
13
means any of the terms or conditions attached by
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the Administrator to the license issued by the Ad-
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ministrator, as notified by the Secretary.’’.
16
SEC. 4. PROHIBITED ACTS.
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(a) IN GENERAL.—Section 5(a) (16 U.S.C. 973c(a))
18
is amended—
19
(1) by striking ‘‘Except as provided in section
20
6 of this Act, it’’ at the beginning and inserting
21
‘‘It’’;
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(2) by striking paragraphs (3) and (4);
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(3) by redesignating paragraphs (5) through
24
(13) as paragraphs (3) through (11), respectively;
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(4) in paragraph (3), as so redesignated, by in-
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serting ‘‘, except in accordance with an agreement
2
pursuant to the Treaty’’ after ‘‘Closed Area’’;
3
(5) in paragraph (10), as so redesignated, by
4
striking ‘‘or’’ at the end;
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(6) in paragraph (11), as so redesignated, by
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striking the period at the end and inserting a semi-
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colon; and
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(7) by adding at the end the following:
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‘‘(12) to violate any of the regional terms and
10
conditions; or
11
‘‘(13) to violate any limit on authorized fishing
12
effort or catch.’’.
13
(b) IN
THE LICENSING AREA.—Section 5(b) (16
14
U.S.C. 973c(b)) is amended—
15
(1) by striking ‘‘Except as provided in section
16
6 of this Act, it’’ and inserting ‘‘It’’;
17
(2) by striking paragraph (5); and
18
(3) by redesignating paragraphs (6) and (7) as
19
paragraphs (5) and (6), respectively.
20
SEC. 5. EXCEPTIONS.
21
Section 6 (16 U.S.C. 973d) is repealed.
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SEC. 6. CRIMINAL OFFENSES.
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Section 7(a) (16 U.S.C. 973e(a)) is amended by
2
striking ‘‘section 5(a) (8), (10), (11), or (12)’’ and insert-
3
ing ‘‘paragraphs (6), (8), (9), or (10) of section 5(a)’’.
4
SEC. 7. CIVIL PENALTIES.
5
(a) DETERMINATION OF LIABILITY; AMOUNT; PAR-
6
TICIPATION BY SECRETARY OF STATE IN ASSESSMENT
7
PROCEEDING.—Section 8(a) (16 U.S.C. 973f(a)) is
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amended—
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(1) by striking ‘‘Code’’ after ‘‘liable to the
10
United States’’; and
11
(2) by striking ‘‘Except for those acts prohib-
12
ited by section 5(a) (4), (5), (7), (8), (10), (11), and
13
(12), and section 5(b) (1), (2), (3), and (7) of this
14
Act, the’’ and inserting ‘‘The’’.
15
(b) WAIVER
OF REFERRAL
TO ATTORNEY GEN-
16
ERAL.—Section 8(g) (16 U.S.C. 973f(g)) is amended—
17
(1) by striking ‘‘section 5(a)(1), (2), (3), (4),
18
(5), (6), (7), (8), (9), or (13)’’ and inserting ‘‘para-
19
graphs (1), (2), (3), (4), (5), (6), (7), (11), (12), or
20
(13) of section 5(a)’’; and
21
(2) in paragraph (2), by striking ‘‘, all Limited
22
Areas closed to fishing,’’ after ‘‘outside of the Li-
23
censing Area’’.
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SEC. 8. LICENSES.
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(a) FORWARDING AND TRANSMITTAL OF VESSEL LI-
2
CENSE APPLICATION.—Section 9(b) (16 U.S.C. 973g(b))
3
is amended to read as follows:
4
‘‘(b) In accordance with subsection (e), and except
5
as provided in subsection (f), the Secretary shall forward
6
a vessel license application to the Administrator whenever
7
such application is in accordance with application proce-
8
dures established by the Secretary.’’.
9
(b) FEES AND SCHEDULES.—Section 9(c) (16 U.S.C.
10
973g(c)) is amended to read as follows:
11
‘‘(c) Fees required under the Treaty shall be paid in
12
accordance with the Treaty and any procedures estab-
13
lished by the Secretary.’’.
14
(c) MINIMUM FEES REQUIRED TO BE RECEIVED IN
15
INITIAL YEAR OF IMPLEMENTATION FOR FORWARDING
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AND TRANSMITTAL OF LICENSE APPLICATIONS.—Section
17
9 (16 U.S.C. 973g) is amended—
18
(1) by striking subsection (f);
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(2) by redesignating subsections (g) and (h) as
20
subsections (f) and (g), respectively;
21
(3) by amending subsection (f), as so redesig-
22
nated, to read as follows:
23
‘‘(f) The Secretary, in consultation with the Secretary
24
of State, may determine that a license application should
25
not be forwarded to the Administrator if—
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‘‘(1) the application is not in accordance with
1
the Treaty or the procedures established by the Sec-
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retary; or
3
‘‘(2) the owner or charterer—
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‘‘(A) is the subject of proceedings under
5
the bankruptcy laws of the United States, un-
6
less reasonable financial assurances have been
7
provided to the Secretary;
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‘‘(B) has not established to the satisfaction
9
of the Secretary that the fishing vessel is fully
10
insured against all risks and liabilities normally
11
provided in maritime liability insurance; or
12
‘‘(C) has not paid any penalty which has
13
become final, assessed by the Secretary in ac-
14
cordance with this Act.’’; and
15
(4) in subsection (g), as so redesignated—
16
(A) by amending paragraph (1) to read as
17
follows:
18
‘‘(1) chapter 12113 of title 46, United States
19
Code;’’;
20
(B) in paragraph (2), by inserting ‘‘of
21
1972’’ after ‘‘Marine Mammal Protection Act’’;
22
(C) in paragraph (3), by inserting ‘‘of
23
1972’’ after ‘‘Marine Mammal Protection Act’’;
24
and
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(D) in the matter that follows paragraph
1
(3), by striking ‘‘any vessel documented’’ and
2
all that follows and inserting the following:
3
‘‘any vessel documented under the laws of the United
4
States as of the date of enactment of the Fisheries Act
5
of 1995 for which a license has been issued under sub-
6
section (a) may fish for tuna in the Licensing Area, and
7
on the high seas and in waters subject to the jurisdiction
8
of the United States west of 146° west longitude and east
9
of 129.5° east longitude in accordance with international
10
law, subject to the provisions of the Treaty, this Act, and
11
other applicable law, provided that no such vessel inten-
12
tionally deploys a purse seine net to encircle any dolphin
13
or other marine mammal in the course of fishing.’’.
14
SEC. 9. ENFORCEMENT.
15
(a) NOTICE REQUIREMENTS
TO PACIFIC ISLAND
16
PARTY CONCERNING INSTITUTION
AND OUTCOME
OF
17
LEGAL
PROCEEDINGS.—Section 10(c)(1) (16 U.S.C.
18
973h(c)(1)) is amended—
19
(1) by striking ‘‘paragraph 8 of Article 4 of’’;
20
and
21
(2) by striking ‘‘Article 10 of’’.
22
(b) SEARCHES AND SEIZURES BY AUTHORIZED OF-
23
FICERS; LIMITATIONS ON POWER.—Section 10(d)(1)(A)
24
(16 U.S.C. 973h(d)(1)(A)) is amended—
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(1) in clause (ii), by striking ‘‘or’’ at the end;
1
and
2
(2) in clause (iii), by adding ‘‘or’’ at the end.
3
SEC. 10. FINDINGS BY SECRETARY.
4
(a) ORDER TO LEAVE WATERS UPON FAILURE TO
5
SUBMIT TO JURISDICTION OF PACIFIC ISLAND PARTY;
6
PROCEDURE APPLICABLE.—Section 11(a) (16 U.S.C.
7
973i(a)) is amended—
8
(1) by striking ‘‘, all Limited Areas,’’;
9
(2) in paragraph (1)—
10
(A) in subparagraph (A), by striking
11
‘‘paragraph 2 of Article 3 of’’; and
12
(B) in subparagraph (C), by striking
13
‘‘within the Treaty Area’’ and inserting ‘‘under
14
the jurisdiction’’; and
15
(3) in paragraph (2)—
16
(A) in subparagraph (A), by striking ‘‘sec-
17
tion 5 (a)(4), (a)(5), (b)(2), or (b)(3)’’ and in-
18
serting ‘‘paragraph (4) of section 5(a) or para-
19
graphs (2) or (3) of section 5(b)’’;
20
(B) in subparagraph (B), by striking ‘‘(7)’’
21
and inserting ‘‘(6)’’; and
22
(C) in subparagraph (C), by striking ‘‘(7)’’
23
and inserting ‘‘(6)’’.
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(b) ORDER OF VESSEL TO LEAVE WATERS WHERE
1
PACIFIC ISLAND PARTY INVESTIGATING ALLEGED TREA-
2
TY INFRINGEMENT.—Section 11(b) (16 U.S.C. 973i(b)) is
3
amended by striking ‘‘paragraph 7 of Article 5 of’’.
4
SEC. 11. REPORTING REQUIREMENTS; DISCLOSURE OF IN-
5
FORMATION.
6
Section 12 (16 U.S.C. 973j) is amended to read as
7
follows:
8
‘‘SEC. 12. REPORTING.
9
‘‘(a) PROHIBITED DISCLOSURE OF CERTAIN INFOR-
10
MATION.—The Secretary shall keep confidential and may
11
not disclose the following information, except in accord-
12
ance with subsection (b):
13
‘‘(1) Information provided to the Secretary by
14
the Administrator that the Administrator has des-
15
ignated confidential.
16
‘‘(2) Information collected by observers.
17
‘‘(3) Information submitted to the Secretary by
18
any person in compliance with the requirements of
19
this Act.
20
‘‘(b) PERMITTED DISCLOSURE OF CERTAIN INFOR-
21
MATION.—The Secretary may disclose information de-
22
scribed in subsection (a)—
23
‘‘(1) if disclosure is ordered by a court;
24
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‘‘(2) if the information is used by a Federal em-
1
ployee—
2
‘‘(A) for enforcement; or
3
‘‘(B) in support of the homeland and na-
4
tional security missions of the Coast Guard as
5
defined in section 888 of the Homeland Secu-
6
rity Act of 2002 (6 U.S.C. 468);
7
‘‘(3) if the information is used by a Federal em-
8
ployee or an employee of the Fishery Management
9
Council for Treaty administration or fishery man-
10
agement and monitoring;
11
‘‘(4) to the Administrator, in accordance with
12
the requirements of the Treaty and this Act;
13
‘‘(5) to the secretariat or equivalent of an inter-
14
national fisheries management organization of which
15
the United States is a member, in accordance with
16
the requirements or decisions of such organization,
17
and insofar as possible, in accordance with an agree-
18
ment that prevents public disclosure of the identity
19
of any person that submits such information;
20
‘‘(6) if the Secretary has obtained written au-
21
thorization from the person providing such informa-
22
tion, and disclosure does not violate other require-
23
ments of this Act; or
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‘‘(7) in an aggregate or summary form that
1
does not directly or indirectly disclose the identity of
[Text truncated for display. Full text available on Congress.gov.]