H.R. 531

119 HR 531 EH: South Pacific Tuna Treaty Act of 2025
 U.S. House of Representatives
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 I
 119th CONGRESS  1st Session
 H. R. 531
 IN THE HOUSE OF REPRESENTATIVES
 AN ACT
To amend the South Pacific Tuna Act of 1988, and for other purposes.
1.
Short title; table of contents
(a)
Short title
This Act may be cited as the   South Pacific Tuna Treaty Act of 2025  .
(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.
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. ).
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.
 .
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.
5.
Exceptions
Section 6 ( 16 U.S.C. 973d ) is repealed.
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) .
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 .
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.  .
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.
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 (3) of section 5(a) or paragraph (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  (5) .
(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 .
11.
Reporting requirements; disclosure of information
Section 12 ( 16 U.S.C. 973j ) is amended to read as follows:
12.
Reporting
(a)
Prohibited disclosure of certain information
Except as provided in subsection (b), the Secretary shall keep confidential and may not disclose the following information (and such information shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code):
(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.
(c)
Savings clause
(1)
In general
Nothing in this section shall be construed to adversely affect the authority of Congress, including a Committee or Member thereof, to obtain any record or information.
(2)
No negative implication
The absence of a provision similar to paragraph (1) in any other provision of law shall not be construed to limit the ability of Congress, including a Committee or Member thereof, to obtain any record or information.
 .
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. .
13.
Observers
Section 14 ( 16 U.S.C. 973l ) is repealed.
14.
Technical assistance
Section 15 ( 16 U.S.C. 973m ) is amended to read as follows:
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.
 .
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 .
16.
Disposition of fees, penalties, forfeitures, and other moneys
Section 17 ( 16 U.S.C. 973o ) is amended by striking  Article 4 of .
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. .
     Passed the House of Representatives May 13, 2025.  Kevin F. McCumber,  Clerk.