HR 1792 — South Pacific Tuna Treaty Act of 2023

changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

 SOUTH PACIFIC TUNA ACT OF 1988

 * * * * * * *
SEC. 2. DEFINITIONS.

 As used in this Act--
 (1) The term ``Administrator'' means the individual 
 or organization designated by the Pacific Island 
 Parties to act on their behalf under the Treaty and 
 notified to the United States Government.
 (2) The term ``Authorized Officer'' means any officer 
 who is authorized by the Secretary, or the Secretary of 
 the department in which the Coast Guard is operating, 
 or the head of any Federal or State agency which has 
 entered into an enforcement agreement with the 
 Secretary under section 10(a) of this Act.
 (3) The term ``Authorized Party Officer'' means any 
 officer authorized by a Pacific Island Party to enforce 
 the provisions of the Treaty.
 (4) The term ``applicable national law'' means any 
 provision of law of a Pacific Island Party which is 
 [described in paragraph 1(a) of Annex I of] noticed and 
 in effect in accordance with the Treaty.
 (5) The term ``Closed Area'' means any [of the closed 
 areas identified in Schedule 2 of Annex I of] 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 the Treaty.
 (6) The term ``fishing'' means--
 (A) searching for, catching, taking, or 
 harvesting fish;
 (B) attempting to search for, catch, take, or 
 harvest fish;
 (C) engaging in any other activity which can 
 reasonably be expected to result in the 
 locating, catching, taking, or harvesting of 
 fish for any purpose;
 (D) placing, searching for, or recovering 
 fish aggregating devices or associated 
 electronic equipment such as radio beacons;
 (E) any operations at sea directly in support 
 of, or in preparation for, any activity 
 described in this paragraph; or
 [(F) aircraft use, relating to the activities 
 described in this paragraph except for flights 
 in emergencies involving the health or safety 
 of crew members or the safety of a vessel.]
 (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.
 (7) The term ``fishing vessel'' or ``vessel'' means 
 any boat, ship, or other craft which is used for, 
 equipped to be used for, or of a type normally used for 
 [commercial fishing] commercial purse seine fishing for 
 tuna, and which is documented under the laws of the 
 United States.
 (8) The term ``Licensing Area'' means all waters [in 
 the Treaty Area except for--
 [(A) those waters subject to the jurisdiction 
 of the United States in accordance with 
 international law;
 [(B) those waters within Closed Areas; and
 [(C) those waters within Limited Areas closed 
 to fishing.] under the jurisdiction of a 
 Pacific Island Party, except for internal 
 waters, territorial seas, archipelagic waters, 
 and any Closed Area.
 (9) The term ``licensing period'' means the period of 
 validity of licenses issued in accordance with the 
 Treaty.
 [(10) The term ``Limited Area'' means any area so 
 identified in Schedule 3 of Annex I of the Treaty.]
 [(11)] (10) The term ``operator'' means any person 
 who is in charge of, directs or controls a vessel, 
 including the owner, charterer, and master.
 [(12)] (11) The term ``Pacific Island Party'' means a 
 Pacific Island nation which is a party to the Treaty.
 [(13) The term ``Party'' means a nation which is a 
 party to the Treaty.]
 [(14)] (12) The term ``person'' means any individual 
 (whether or not a citizen or national of the United 
 States), any corporation, partnership, association, or 
 other entity (whether or not organized or existing 
 under the laws of any State), and any Federal, State, 
 local, or foreign government or any entity of any such 
 government.
 (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.
 [(15)] (14) The term ``Secretary'' means the 
 Secretary of Commerce, or the designee of the Secretary 
 of Commerce.
 [(16)] (15) The term ``State'' means each of the 
 several States, the District of Columbia, the 
 Commonwealths of Puerto Rico and the Northern Mariana 
 Islands, American Samoa, the Virgin Islands, Guam, and 
 any other Commonwealth, territory, or possession of the 
 United States.
 [(17)] (16) The term ``Treaty'' means the Treaty on 
 Fisheries Between the Governments of Certain Pacific 
 Island States and the Government of the United States 
 of America, signed in Port Moresby, Papua New Guinea, 
 April 2, 1987, and its Annexes, Schedules, and 
 implementing agreements.
 [(18) The term ``Treaty Area'' means the area so 
 described in paragraph 1(k) of Article 1 of the 
 Treaty.]

 * * * * * * *

SEC. 5. PROHIBITED ACTS.

 (a) [Except as provided in section 6 of this Act, it] It is 
unlawful for any person subject to the jurisdiction of the 
United States--
 (1) to violate any provision of this Act or any 
 regulation or order issued pursuant to this Act;
 (2) to use a vessel for fishing in violation of an 
 applicable national law;
 [(3) who has entered into a fishing arrangement under 
 paragraph 3 of Article 3 of the Treaty, to violate the 
 terms and conditions of such fishing arrangement if the 
 Secretary of State has decided under section 18 of this 
 Act that Article 4 and paragraph 6 of Article 5 of the 
 Treaty shall apply to the arrangement;
 [(4) to use a vessel for fishing in any Limited Area 
 in violation of any requirement in Schedule 3 of Annex 
 I of the Treaty;]
 [(5)] (3) to use a vessel for fishing in any Closed 
 Area, except in accordance with an agreement pursuant 
 to the Treaty;
 [(6)] (4) to falsify any information required to be 
 reported, notified, communicated, or recorded pursuant 
 to a requirement of this Act, or to fail to submit any 
 required information, or to fail to report to the 
 Secretary immediately any change in circumstances which 
 has the effect of rendering any such information false, 
 incomplete, or misleading;
 [(7)] (5) to intentionally destroy evidence which 
 could be used to determine if a violation of this Act 
 or the Treaty has occurred;
 [(8)] (6) to refuse to permit any Authorized Officer 
 or Authorized Party Officer to board a fishing vessel 
 for purposes of conducting a search or inspection in 
 connection with the enforcement of this Act or the 
 Treaty;
 [(9)] (7) to refuse to comply with the instructions 
 of an Authorized Officer or Authorized Party Officer 
 relating to fishing activities under the Treaty;
 [(10)] (8) to forcibly assault, resist, oppose, 
 impede, intimidate, or interfere with--
 (A) any Authorized Officer or Authorized 
 Party Officer in the conduct of a search or 
 inspection in connection with the enforcement 
 of this Act or the Treaty; or
 (B) an observer in the conduct of observer 
 duties under the Treaty;
 [(11)] (9) to resist a lawful arrest for any act 
 prohibited by this section;
 [(12)] (10) to interfere with, delay, or prevent, by 
 any means, the apprehension or arrest of another 
 person, knowing that such other person has committed 
 any act prohibited by this section; [or]
 [(13)] (11) to ship, transport, offer for sale, sell, 
 purchase, import, export, or have custody, control, or 
 possession of, any fish taken or retained in violation 
 of this Act or any regulation, permit, or the Treaty, 
 with the knowledge that the fish were so taken or 
 retained[.];
 (12) to violate any of the regional terms and 
 conditions; or
 (13) to violate any limit on authorized fishing 
 effort or catch.
 (b) [Except as provided in section 6 of this Act, it] It is 
unlawful for any person subject to the jurisdiction of the 
United States when in the Licensing Area--
 (1) to use a vessel to fish unless validly licensed 
 as required by the Administrator;
 (2) to use a vessel for directed fishing for southern 
 bluefin tuna or for fishing for any kinds of fish other 
 than tunas, except that fish may be caught as an 
 incidental by-catch;
 (3) to use a vessel for fishing by any method other 
 than the purse-seine method;
 (4) to use any vessel to engage in fishing after the 
 revocation of its license, or during the period of 
 suspension of an applicable license;
 [(5) to operate a vessel in such a way as to disrupt 
 or in any other way adversely affect the activities of 
 traditional and locally based fishermen and fishing 
 vessels;]
 [(6)] (5) to use a vessel to fish in a manner 
 inconsistent with an order issued by the Secretary 
 under section 11 of this Act; or
 [(7)] (6) except for circumstances involving force 
 majeure and other emergencies involving the health or 
 safety of crew members or the safety of the vessel, to 
 use an aircraft in association with the fishing 
 activities of a vessel unless it is identified in the 
 license application for the vessel, or any amendment 
 thereto.

[SEC. 6. EXCEPTIONS.

 [(a) The prohibitions of section 5 of this Act and the 
licensing requirements of section 9 of this Act shall not apply 
to fishing for albacore tuna by vessels using the trolling 
method or to fishing by vessels using the longline method in 
the high seas areas of the Treaty area.
 [(b) The prohibitions of section 5 (a)(4), (a)(5), and (b)(3) 
of this Act shall not apply to fishing under the terms and 
conditions of an arrangement which has been reached under 
paragraph 3 of Article 3 of the Treaty and which, pursuant to a 
decision by the Secretary of State under section 18 of this 
Act, is covered by Article 4 and paragraph 6 of Article 5 of 
the Treaty.]

SEC. 7. CRIMINAL OFFENSES.

 (a) A person is guilty of a criminal offense if he or she 
commits any act prohibited by [section 5(a) (8), (10), (11), or 
(12)] paragraphs (6), (8), (9), or (10) of section 5(a) of this 
Act.
 (b) Any offense described in subsection (a) of this section 
is punishable by a fine of not more than $50,000, or 
imprisonment for not more than 6 months, or both; except that 
if in the commission of any such offense the person uses a 
dangerous weapon, engages in conduct that causes bodily injury 
to any Authorized Officer, Authorized Party Officer, or 
observer under the Treaty in the conduct of their duties, or 
places any such Authorized Officer, Authorized Party Officer, 
or observer in fear of imminent bodily injury, the offense is 
punishable by a fine of not more then $100,000 or imprisonment 
for not more than 10 years, or both.
 (c) The district courts of the United States shall have 
jurisdiction over any offense described in this section.

SEC. 8. CIVIL PENALTIES.

 (a) Any person who is found by the Secretary, after notice 
and an opportunity for a hearing in accordance with section 554 
of title 5, United States Code, to have committed an act 
prohibited by section 5 of this Act, shall be liable to the 
United States [Code] for a civil penalty. Before issuing a 
notice of violation, the Secretary shall consult with the 
Secretary of State. The amount of the civil penalty shall be 
determined in accordance with considerations set forth in the 
Treaty and shall take into account the nature, circumstances, 
extent, and gravity of the prohibited acts committed, and with 
respect to the violator, the degree of culpability, any history 
of prior offenses, ability to pay, and such other matters as 
justice may require. [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] The 
amount of the civil penalty shall not exceed $250,000 for each 
violation. Upon written notice, the Secretary of State shall 
have the right to participate in any proceeding initiated to 
assess a civil penalty for violation of this Act.
 (b) Any person against whom a civil penalty is assessed under 
subsection (a) of this section may obtain review thereof in the 
United States district court for the appropriate district by 
filing a complaint in such court within 30 days from the date 
of the order and by simultaneously serving a copy of the 
complaint by certified mail on the Secretary, the Attorney 
General of the United States, and the appropriate United States 
Attorney. The Secretary shall promptly file in the court a 
certified copy of the record upon which the violation was found 
or the penalty imposed. The findings and order of the Secretary 
shall be set aside or modified by the court if they are not 
found to be supported by substantial evidence, as provided in 
section 706(2) of title 5, United States Code.
 (c) Except as provided in subsection (g) of this section, if 
any person fails to pay an assessment of a civil penalty after 
it has become a final and unappealable order, or after the 
appropriate court has entered final judgment in favor of the 
Secretary, the Secretary shall refer the matter to the Attorney 
General of the United States, who shall recover the amount 
assessed in any appropriate district court of the United 
States.
 (d) Except as provided in subsection (g) of this section, a 
fishing vessel (including its fishing gear, furniture, 
appurtenances, stores, and cargo) used in the commission of an 
act prohibited by section 5 of this Act shall be liable in rem 
for any civil penalty assessed for the violation under section 
8 of this Act and may be proceeded against in any district 
court of the United States having jurisdiction thereof. The 
penalty shall constitute a maritime lien on the vessel which 
may be recovered in an action in rem in the district court of 
the United States having jurisdiction over the vessel.
 (e) The Secretary, after consultation with the Secretary of 
State, may compromise, modify, or remit, with or without 
conditions, any civil penalty which is subject to imposition or 
which has been imposed under this section.
 (f) For the purposes of conducting any hearing under this 
section, the Secretary may issue subpoenas for the attendance 
and testimony of witnesses and the production of relevant 
papers, books, and documents, and may administer oaths. 
Witnesses summoned shall be paid the same fees and mileage that 
are paid to witnesses in the courts of the United States. In 
case of contempt or refusal to obey a subpoena served upon a 
person pursuant to this subsection, the district court of the 
United States for any district in which the person is found, 
resides, or transacts business, upon application by the United 
States and after notice to the person, shall have jurisdiction 
to issue an order requiring the person to appear and give 
testimony before the Secretary or to appear and produce 
documents before the Secretary, or both, and any failure to 
obey the order of the court may be punished by the court as a 
contempt thereof.
 (g) If a vessel used in a violation of [section 5(a)(1), (2), 
(3), (4), (5), (6), (7), (8), (9), or (13)] paragraphs (1), 
(2), (3), (4), (5), (6), (7), (11), (12), or (13) of section 
5(a) or section 5(b) of this Act for which a civil penalty has 
been assessed--
 (1) had a valid license under the Treaty at the time 
 of the violation, and
 (2) within 60 days after the penalty assessment has 
 become final, leaves and remains outside of the 
 Licensing Area[, all Limited Areas closed to fishing,] 
 and all Closed Areas until the final penalty has been 
 paid,
there shall be no referral to the Attorney General under 
subsection (c) of this section or in rem action under 
subsection (d) of this section in connection with such civil 
penalty.

SEC. 9. LICENSES.

 (a) Licenses to fish in the Licensing Area, to be issued by 
the Administrator in accordance with the Treaty, may be 
requested from the Secretary by operators of vessels, under 
procedures established by the Secretary. The license 
application shall designate an agent for the service of legal 
process to be located in Port Moresby, Papua New Guinea. The 
applicant shall ensure that the designated agent for service of 
process, acting on behalf of the license holder, will receive 
and respond to any legal process issued in accordance with the 
Treaty and will, within 21 days after notification, travel if 
necessary for this purpose to any Pacific Island Party at no 
expense to that Party.
 [(b) Except as provided in subsections (e), (f), and (g) of 
this section, the Secretary shall forward a vessel license 
application to the Secretary of State for transmittal to the 
Administrator whenever such application is in accordance with 
application procedures established by the Secretary, includes a 
complete application form as required by Annex II of the 
Treaty, and is accompanied by the required license fee.
 [(c)(1) In the initial year of implementation, fees for the 
first 40 vessel licenses shall be at least $50,000 each, for 
any 10 vessel licenses in addition to the first 40 shall be 
$60,000 each, and for vessel licenses in addition to the first 
50 shall be in accordance with Annex II of the Treaty.
 [(2) After such initial year, fees for vessel licenses shall 
be paid in accordance with fee schedules established under 
Annex II of the Treaty and published by the Secretary.]
 (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.
 (c) Fees required under the Treaty shall be paid in 
accordance with the Treaty and any procedures established by 
the Secretary.
 (d) Licenses shall be valid for the licensing period 
specified by the Administrator.
 (e) The Secretary may establish a system of allocating 
licenses in the event more applications are received than there 
are licenses available.
 [(f) For the initial year of implementation, license fees 
totaling at least $1,750,000 must be received by the Secretary 
before any license applications will be forwarded to the 
Secretary of State for transmittal to the Administrator.
 [(g) The Secretary, in consultation with the Secretary of 
State, may determine that a license application should not be 
forwarded to the Administrator for one of the following 
reasons:
 [(1) where the application is not in accordance with 
 the Treaty or the procedures established by the 
 Secretary;
 [(2) where the owner or charterer is the subject of 
 proceedings under the bankruptcy laws of the United 
 States, unless reasonable financial assurances have 
 been provided to the Secretary;
 [(3) where the owner or charterer 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;
 [(4) where the owner or charterer has not paid any 
 penalty which has become final, assessed by the 
 Secretary in accordance with this Act.]
 (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.
 [(h)] (g) Notwithstanding the requirements of--
 [(1) section 1 of the Act of August 26, 1983 (97 
 Stat. 587; 46 U.S.C. 12108);]
 (1) chapter 12113 of title 46, United States Code;
 (2) the general permit issued on December 1, 1980, to 
 the American Tunaboat Association under section 
 104(h)(1) of the Marine Mammal Protection Act of 1972 
 (16 U.S.C. 1374(h)(1)); and
 (3) sections 104(h)(2) and 306(a) of the Marine 
 Mammal Protection Act of 1972 (16 U.S.C. 1374(h)(2) and 
 1416(a))--
[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 Treaty Area, including those waters subject to the 
jurisdiction of the United States in accordance with 
international law, subject to the provisions of the treaty and 
this Act, provided that no such vessel fishing in the Treaty 
Area intentionally deploys a purse seine net to encircle any 
dolphin or other marine mammal in the course of fishing under 
the provisions of the Treaty or this Act.]
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. 10. ENFORCEMENT.

 (a) The provisions of this Act shall be enforced by the 
Secretary in cooperation with the Secretary of State. The 
Secretary, after consultation with the Secretary of State, 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 these duties.
 (b)(1) The Secretary shall, at the request of a Pacific 
Island Party made to the Secretary of State, fully investigate 
any alleged infringement of the Treaty involving a vessel of 
the United States, and report as soon as practicable, and in 
any case within 2 months, to that Party through the Secretary 
of State on any action taken or proposed by the Secretary in 
regard to the alleged infringement.
 (2) Upon commencement of an investigation under paragraph (1) 
of this subsection, the Secretary shall notify the operator of 
any vessel concerned regarding--
 (A) the nature of the investigation;
 (B) the right of the operator to submit comments, 
 information, or evidence bearing on the investigation 
 and to receive, upon the operator's timely written 
 request to the Secretary, an opportunity to present 
 such comments, information, or evidence orally to the 
 Secretary or the Secretary's representative within 30 
 days after receipt of such notification.
 (c)(1) Prior to instituting any legal proceedings under this 
Act for any action which involves an alleged infringement of 
the Treaty in waters within the jurisdiction of a Pacific 
Island Party, the Secretary, through the Secretary of State, 
shall notify the Pacific Island Party in accordance with 
[paragraph 8 of Article 4 of] the Treaty that the proceedings 
will be instituted. Such notice shall include a statement of 
the facts believed to show an infringement of the Treaty and 
the nature of the proposed proceedings, including any proposed 
charges and any proposed penalties. The Secretary shall not 
institute such proceedings if the Pacific Island Party objects 
within 30 days after the effective date of the notice under 
[Article 10 of] the Treaty.
 (2) The Pacific Island Party exercising jurisdiction over the 
waters involved in such a legal proceeding shall be promptly 
notified by the Secretary, through the Secretary of State, 
concerning the outcome of the proceeding.
 (d)(1) Any Authorized Officer may--
 (A) with or without a warrant or other process--
 (i) arrest any person, if he has reasonable 
 cause to believe that the person has committed 
 any act subject to prosecution under section 7 
 of this Act;
 (ii) board, and search or inspect, any 
 fishing vessel which is subject to the 
 provisions of this Act; [or]
 (iii) seize samples of fish or items for 
 evidence (other than the vessel or its fishing 
 gear or equipment) related to any violation of 
 any provision of this Act; or
 (iv) order a vessel into the most convenient 
 port of the United States for investigation 
 when an investigation has been requested by a 
 Pacific Island Party in accordance with the 
 Treaty and when such an order is necessary to 
 gather information for such an investigation;
 (B) execute any warrant or other process issued by 
 any court of competent jurisdiction;
 (C) exercise any other lawful authority; and
 (D) investigate alleged violations of the Treaty to 
 the same extent authorized to investigate alleged 
 violations of this Act.
 (2) To the extent possible, Authorized Officers shall 
exercise their powers under paragraph (1)(A) (ii), (iii), and 
(iv) of this subsection so as not to interfere unduly with the 
lawful operation of the vessel.
 (3) Nothing in this Act shall be construed to limit the 
enforcement of this or other applicable Federal laws under 
section 89 of title 14, United States Code.
 (e) The district courts of the United States shall have 
exclusive jurisdiction over any case or controversy arising 
under the provisions of this Act.

SEC. 11. FINDINGS BY THE SECRETARY.

 (a) Following any investigation conducted in accordance with 
section 10(b) of this Act, the Secretary, with the concurrence 
of the Secretary of State, and upon the request of the Pacific 
Island Party concerned, may order a fishing vessel which has 
not submitted to the jurisdiction of that Pacific Island Party 
to leave immediately the Licensing Area[, all Limited Areas,] 
and all Closed Areas upon making a finding--
 (1) that the fishing vessel--
 (A) while fishing in the Licensing Area did 
 not have a license under the Treaty to fish in 
 the Licensing Area, and that under [paragraph 2 
 of Article 3 of] the Treaty, such fishing is 
 not authorized to be conducted in the Licensing 
 Area without a license;
 (B) was involved in any incident in which an 
 Authorized Officer, Authorized Party Officer, 
 or observer was allegedly assaulted with 
 resultant bodily harm, physically threatened, 
 forcefully resisted, refused boarding, or 
 subjected to physical intimidation or physical 
 interference in the performance of duties as 
 authorized by this Act or the Treaty;
 (C) has not made full payment within 60 days 
 of any amount due as a result of a final 
 judgment or other final determination deriving 
 from a violation in waters [within the Treaty 
 Area] under the jurisdiction of a Pacific 
 Island Party; or
 (D) was not represented by an agent for 
 service of process in accordance with the 
 Treaty; or
 (2) that there is probable cause to believe that the 
 fishing vessel--
 (A) was used in violation of [section 5 
 (a)(4), (a)(5), (b)(2), or (b)(3)] paragraph 
 (4) of section 5(a) or paragraphs (2) or (3) of 
 section 5(b) of this Act;
 (B) used an aircraft in violation of section 
 5(b)[(7)](6); or
 (C) was involved in an incident in which 
 section 5(a)[(7)](6) was violated.
 (b) Upon being advised by the Secretary of State that proper 
notification to Parties has been made under [paragraph 7 of 
Article 5 of] the Treaty that a Pacific Island Party is 
investigating an alleged infringement of the Treaty by a vessel 
in waters under the jurisdiction of such Pacific Island Party, 
the Secretary shall order the vessel to leave such waters until 
the Secretary of State notifies the Secretary that such order 
is no longer necessary.
 (c) The Secretary shall rescind any order issued on the basis 
of a finding under subsection (a)(1) (C) or (D) of this section 
as soon as the Secretary determines that the facts underlying 
the finding do not apply.
 (d) No order issued in accordance with this section is 
subject to judicial review.
 (e) Upon a request by the Secretary, the Attorney General 
shall commence a civil action for appropriate relief, including 
permanent or temporary injunction, to enforce any order issued 
by the Secretary under this section.

[SEC. 12. REPORTING.

 [(a) Holders of licenses shall comply with the reporting 
requirements of part 4 of Annex I to the Treaty.
 [(b) Information provided by license holders in Schedules 5 
and 6 of Annex I of the Treaty shall be provided to the 
Secretary for transmittal to the Administrator and to an entity 
designated by the license holder. Such information thereafter 
shall not be released and shall be maintained as confidential 
by the Secretary, including information requested under the 
Freedom of Information Act, unless disclosure is required under 
court order or unless the information is essential for an 
enforcement action under section 5, 10(b), 10(c), or 11 of this 
Act, or any other proper law enforcement action.]

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. 13. CLOSED AREA STOWAGE REQUIREMENTS.

 At all times while a vessel is in a Closed Area, the fishing 
gear of the vessel shall be stowed in such a manner as not to 
be readily available for fishing[. In particular, the boom 
shall be lowered as far as possible so that the vessel cannot 
be used for fishing, but so that the skiff is accessible for 
use in emergency situations; the helicopter, if any, shall be 
tied down; and launches shall be secured.] and in accordance 
with any requirements established by the Secretary.

[SEC. 14. OBSERVERS.

 [(a) The operator and each member of the crew of a vessel 
shall allow and assist any individual identified as an observer 
under the Treaty by the Pacific Island Parties--
 [(1) to board the vessel for scientific, compliance, 
 monitoring and other functions at the point and time 
 notified by the Pacific Island Parties to the 
 Secretary;
 [(2) without interfering unduly with the lawful 
 operation of the vessel, to have full access to and use 
 of facilities and equipment on board the vessel which 
 the observer may determine are necessary to carry out 
 observer duties; have full access to the bridge, fish 
 on board, and areas which may be used to hold, process, 
 weigh, and store fish; remove samples; have full access 
 to the vessel's records, including its log and 
 documentation for the purpose of inspection and 
 copying; and gather any other information relating to 
 fisheries in the Licensing Area;
 [(3) to disembark at the point and time notified by 
 the Pacific Island Parties to the Secretary; and
 [(4) to carry out observer duties safely.
 [(b) The operator shall provide any such observer, while on 
board the vessel, at no expense to the Pacific Island Parties, 
with food, accommodation, and medical facilities of such 
reasonable standard as may be acceptable to the Pacific Island 
Party whose representative is serving as the observer.
 [(c) The operator of any vessel from which any fish taken in 
the Licensing Area is unloaded shall allow, or arrange for, and 
assist any individual so authorized by the Pacific Island 
Parties to have full access to any place where such fish is 
unloaded, to remove samples, and to gather any other 
information relating to fisheries in the Licensing Area.

[SEC. 15. TECHNICAL ASSISTANCE.

 [The United States tuna industry shall provide $250,000 
annually in technical assistance, including provision of 
assistance by technicians, in response to requests coordinated 
through the Administrator. The Secretary of State shall 
designate an entity to coordinate the provision of such 
technical assistance as provided by the United States tuna 
industry and to provide an annual report to the Secretary of 
State regarding the provision of such technical assistance.]

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. 16. ARBITRATION.

 In the event of a dispute requiring the establishment of an 
arbitral tribunal under [Article 6 of] the Treaty, the 
Secretary of State, in consultation with the Secretary, shall 
appoint the arbitrator to be appointed by the United States 
under [paragraph 3 of that Article] the Treaty, shall determine 
the location of the arbitration, and shall represent the United 
States in reaching agreement under such paragraph with each 
Pacific Island Party involved concerning the appointment of the 
presiding arbitrator of the tribunal.

SEC. 17. DISPOSITION OF FEES, PENALTIES, FORFEITURES, AND OTHER MONEYS.

 To the extent required by [Article 4 of] the Treaty, an 
amount equivalent to the total value of any fine, penalty, or 
other amount collected as a result of any action, judicial or 
otherwise, taken pursuant to sections 7 and 8 of this Act shall 
be paid by the United States through the Secretary of State to 
the Administrator as soon as reasonably possible following the 
date that such amount is collected.

SEC. 18. ADDITIONAL AGREEMENTS.

 [Within 30 days after the Secretary of State's receipt of 
notice from a Pacific Island Party that it has concluded an 
arrangement pursuant to paragraph 3 of Article 3 of the Treaty, 
the Secretary of State shall consult with the Secretary 
concerning whether the procedures of Article 4 and paragraph 6 
of Article 5 of the Treaty should be made applicable to such 
arrangement. At the conclusion of the consultations the Pacific 
Island Party and all other persons agreeing to the arrangement 
shall be notified by the Secretary of State of the resulting 
decision.] The Secretary may establish procedures for review of 
any agreements for additional fishing access entered into 
pursuant to the Treaty.

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