South Pacific Tuna Treaty Act of 2023
What changed between versions
The definition of 'fishing vessel' was narrowed from any vessel engaged in 'commercial fishing' to only those engaged in 'commercial purse seine fishing for tuna,' significantly limiting which vessels are covered by the Act.
The 'Licensing Area' definition was changed from being based on the Treaty Area to being defined as waters under the jurisdiction of a Pacific Island Party, explicitly excluding internal waters, territorial seas, archipelagic waters, and any Closed Area.
The 'Closed Area' definition was broadened from a fixed list in Schedule 2 of Annex I to any area within a Pacific Island Party's jurisdiction that is closed by national law and properly noticed, making it dynamic rather than static.
A new definition for 'regional terms and conditions' was added, covering terms or conditions attached by the Administrator to a license as notified by the Secretary.
Section 6 (Exceptions) was repealed entirely, removing all statutory exceptions to prohibited acts.
Section 14 (Observers) was repealed entirely, removing the observer program provisions from the Act.
Section 18 (Authorization of appropriations) was removed in its entirety, eliminating the authorization for such sums as necessary to carry out the Treaty and Act for fiscal year 2023 and thereafter.
Two new prohibited acts were added: violating any regional terms and conditions, and violating any limit on authorized fishing effort or catch.
Closed Area stowage requirements were changed from mandating specific equipment (lowered boom) to a general requirement that stowage be 'in accordance with any requirements established by the Secretary,' giving the Secretary discretion.
An emergency exception was added to the fishing definition, excluding use of vessels, vehicles, aircraft, or hovercraft for emergencies involving crew health/safety or vessel safety.
License provisions now explicitly prohibit intentionally deploying a purse seine net to encircle any dolphin or other marine mammal, and specify geographic boundaries (west of 146 degrees west longitude and east of 129.5 degrees east longitude) for documented vessels.
New grounds were added for the Secretary to refuse forwarding a license application: if the owner or charterer is in bankruptcy without financial assurances, has not established adequate maritime liability insurance, or has unpaid final penalties.
The 30-day deadline for review of additional agreements was removed and replaced with language allowing the Secretary to establish procedures for review, eliminating the fixed timeline.
The civil penalties provision was simplified by removing the specific list of acts that were exempt from civil penalty treatment, effectively making all prohibited acts subject to civil penalties.
