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16 U.S.C. § 1885a — Report on Seafood Import Monitoring Program
Federal law — U.S. Code and appendices · legal_authorities
**(a) Report to Congress and public availability of reports** The Secretary shall, not later than 120 days after the end of each fiscal year, submit to the Committee on Commerce, Science, and Transportation and the Committee on Finance of the Senate and the Committee on Natural Resources and the Committee on Financial Services of the House of Representatives a report that summarizes the National Marine Fisheries Service’s efforts to prevent the importation of seafood harvested through illegal, unreported, or unregulated fishing, particularly with respect to seafood harvested, produced, processed, or manufactured by forced labor. Each such report shall be made publicly available on the website of the National Oceanic and Atmospheric Administration.
**(b) Contents** Each report submitted under subsection (a) shall include—
(1) the volume and value of seafood species subject to the Seafood Import Monitoring Program, reported by 10-digit Harmonized Tariff Schedule of the United States codes, imported during the previous fiscal year;
(2) the enforcement activities and priorities of the National Marine Fisheries Service with respect to implementing the requirements under the Seafood Import Monitoring Program;
(3) the percentage of import shipments subject to the Seafood Import Monitoring Program selected for inspection or the information or records supporting entry selected for audit, as described in section 300.324(d) of title 50, Code of Federal Regulations;
(4) the number and types of instances of noncompliance with the requirements of the Seafood Import Monitoring Program;
(5) the number and types of instances of violations of State or Federal law discovered through the Seafood Import Monitoring Program;
(6) the seafood species with respect to which violations desc
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Source file: Laws/federal/codes/united-states-code/title-16/section-1885a-report-on-seafood-import-monitoring-program--10485c49dd.md
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Source location: Title 16, Chapter 38, § 1885a; chapter-038-fishery-conservation-and-management.md
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**(a) Report to Congress and public availability of reports** The Secretary shall, not later than 120 days after the end of each fiscal year, submit to the Committee on Commerce, Science, and Transportation and the Committee on Finance of the Senate and the Committee on Natural Resources and the Committee on Financial Services of the House of Representatives a report that summarizes the National Marine Fisheries Service’s efforts to prevent the importation of seafood harvested through illegal, unreported, or unregulated fishing, particularly with respect to seafood harvested, produced, processed, or manufactured by forced labor. Each such report shall be made publicly available on the website of the National Oceanic and Atmospheric Administration.
**(b) Contents** Each report submitted under subsection (a) shall include—
(1) the volume and value of seafood species subject to the Seafood Import Monitoring Program, reported by 10-digit Harmonized Tariff Schedule of the United States codes, imported during the previous fiscal year;
(2) the enforcement activities and priorities of the National Marine Fisheries Service with respect to implementing the requirements under the Seafood Import Monitoring Program;
(3) the percentage of import shipments subject to the Seafood Import Monitoring Program selected for inspection or the information or records supporting entry selected for audit, as described in section 300.324(d) of title 50, Code of Federal Regulations;
(4) the number and types of instances of noncompliance with the requirements of the Seafood Import Monitoring Program;
(5) the number and types of instances of violations of State or Federal law discovered through the Seafood Import Monitoring Program;
(6) the seafood species with respect to which violations described in paragraphs (4) and (5) were most prevalent;
(7) the location of catch or harvest with respect to which violations described in paragraphs (4) and (5) were most prevalent;
(8) the additional tools, such as high performance computing and associated costs, that the Secretary needs to improve the efficacy of the Seafood Import Monitoring Program; and
(9) such other information as the Secretary considers appropriate with respect to monitoring and enforcing compliance with the Seafood Import Monitoring Program.
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter—
**(a)** “Person” means an individual, partnership, association, corporation, business trust, legal representative, or any organized group of persons.
**(b)** “Commerce” means trade, commerce, transportation, transmission, or communication among the several States or between any State and any place outside thereof.
**(c)** “State” means any State of the United States or the District of Columbia or any Territory or possession of the United States.
**(d)** “Employer” includes any person acting directly or indirectly in the interest of an employer in relation to an employee and includes a public agency, but does not include any labor organization (other than when acting as an employer) or anyone acting in the capacity of officer or agent of such labor organization.
**(e)**
(1) Except as provided in paragraphs (2), (3), and (4), the term “employee” means any individual employed by an employer.
(2) In the case of an individual employed by a public agency, such term means—
(A) any individual employed by the Government of the United States—
(i) as a civilian in the military departments (as defined in [section 102 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section102&num=0&edition=prelim)),
(ii) in any executive agency (as defined in section 105 of such title),
(iii) in any unit of the judicial branch of the Government which has positions in the competitive service,
(iv) in a nonappropriated fund instrumentality under the jurisdiction of the Armed Forces,
(v) in the Library of Congress, or
(vi) the 11 So in original. Probably should be preceded by “in”. Government Publishing Office;
(B) any individual employed by the United States Postal Service or the Postal Regulatory Commi
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Abuse or threatened abuse of law or legal process** — The term “abuse or threatened abuse of the legal process” means the use or threatened use of a law or legal process, whether administrative, civil, or criminal, in any manner or for any purpose for which the law was not designed, in order to exert pressure on another person to cause that person to take some action or refrain from taking some action.
(2) **Appropriate congressional committees** — The term “appropriate congressional committees” means the Committee on Foreign Relations and the Committee on the Judiciary of the Senate and the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives.
(3) **Coercion** — The term “coercion” means—
(A) threats of serious harm to or physical restraint against any person;
(B) any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or
(C) the abuse or threatened abuse of the legal process.
(4) **Commercial sex act** — The term “commercial sex act” means any sex act on account of which anything of value is given to or received by any person.
(5) **Concrete actions** — The term “concrete actions” means actions that demonstrate increased efforts by the government of a country to meet the minimum standards for the elimination of trafficking, including any of the following:
(A) Enforcement actions taken.
(B) Investigations actively underway.
(C) Prosecutions conducted.
(D) Convictions attained.
(E) Training provided.
(F) Programs and partnerships actively underway.
(G) Efforts to prevent severe forms of trafficking, including programs to reduce the vulnerability of particul
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Publication of Harmonized Tariff Schedule
The Harmonized Tariff Schedule of the United States is not published in the Code. A current version of the Harmonized Tariff Schedule is maintained and published periodically by the United States International Trade Commission and is available at their website and for sale by the Superintendent of Documents, U.S. Government Publishing Office, Washington, D.C. 20402.
#### Reference to Tariff Schedules To Be Treated as Reference to Harmonized Tariff Schedule
Reference in any law to “Tariff Schedules of the United States”, “the Tariff Schedules”, “such Schedules”, and any other general reference to the old Schedules to be treated as reference to Harmonized Tariff Schedule, see [section 3012 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3012&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1202
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Denial of port privileges**
(1) **Publication of list** — Not later than 30 days after November 2, 1992, and periodically thereafter, the Secretary of Commerce, in consultation with the Secretary of State, shall publish a list of nations whose nationals or vessels conduct large-scale driftnet fishing beyond the exclusive economic zone of any nation.
(2) **Denial of port privileges** — The Secretary of Homeland Security shall, in accordance with international law—
(A) withhold or revoke the clearance required by [section 60105 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section60105&num=0&edition=prelim) for any large-scale driftnet fishing vessel of a nation that receives a negative certification under section 1826j(d) or 1826k(c) of this title, or fishing vessels of a nation that has been listed pursuant to [section 1826j(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1826j/b&num=0&edition=prelim) or [section 1826k(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1826k/a&num=0&edition=prelim) in 2 or more consecutive reports for the same type of fisheries activity, as described under [section 1826h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1826h&num=0&edition=prelim), until a positive certification has been received;
(B) withhold or revoke the clearance required by [section 60105 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section60105&num=0&edition=prelim) for fishing vessels of a nation that has been listed pursuant to section 1826j(a) or 1826k(a) of this title in 2 or more consecutive reports as described under [section 1826h of this title
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1826a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Identification**
(1) **Identification for actions of fishing vessels** — The Secretary shall, based on a cumulative compilation and analysis of data collected and provided by international fishery management organizations and other nations and organizations, identify, and list in the report under [section 1826h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1826h&num=0&edition=prelim), a nation if any fishing vessel of that nation is engaged, or has been engaged at any point during the preceding 3 years, in illegal, unreported, or unregulated fishing—
(A) that undermines the effectiveness of measures required by an international fishery management organization, taking into account whether the relevant international fishery management organization has failed to implement effective measures to end the illegal, unreported, or unregulated fishing activity by that nation or the nation is not a party to, or does not maintain cooperating status with, such organization; or
(B) where no international fishery management organization exists with a mandate to regulate the fishing activity in question.
(2) **For actions of a nation** — The Secretary shall identify, and list in such report, a nation engaging in or endorsing illegal, unreported, or unregulated fishing. In determining which nations to list in such report, the Secretary shall consider the following:
(A) Any nation that is violating, or has violated at any point during the 3 years preceding the date of the determination, conservation and management measures, including catch and other data reporting obligations and requirements, required under an international fishery management agreement to which the United States is a party.
(B) Any nation that is failing,
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1826j
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Collection programs**
(1) **Council requests** — If a Council determines that additional information would be beneficial for developing, implementing, or revising a fishery management plan or for determining whether a fishery is in need of management, the Council may request that the Secretary implement an information collection program for the fishery which would provide the types of information specified by the Council. The Secretary shall undertake such an information collection program if he determines that the need is justified, and shall promulgate regulations to implement the program within 60 days after such determination is made. If the Secretary determines that the need for an information collection program is not justified, the Secretary shall inform the Council of the reasons for such determination in writing. The determinations of the Secretary under this paragraph regarding a Council request shall be made within a reasonable period of time after receipt of that request.
(2) **Secretarial initiation** — If the Secretary determines that additional information is necessary for developing, implementing, revising, or monitoring a fishery management plan, or for determining whether a fishery is in need of management, the Secretary may, by regulation, implement an information collection or observer program requiring submission of such additional information for the fishery.
**(b) Confidentiality of information**
(1) Any information submitted to the Secretary, a State fishery management agency, or a marine fisheries commission by any person in compliance with the requirements of this chapter shall be confidential and shall not be disclosed except—
(A) to Federal employees and Council employees who are responsible for fishery management plan developmen
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1881a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Guidelines for carrying observers** Within one year after October 11, 1996, the Secretary shall promulgate regulations, after notice and opportunity for public comment, for fishing vessels that carry observers. The regulations shall include guidelines for determining—
(1) when a vessel is not required to carry an observer on board because the facilities of such vessel for the quartering of an observer, or for carrying out observer functions, are so inadequate or unsafe that the health or safety of the observer or the safe operation of the vessel would be jeopardized; and
(2) actions which vessel owners or operators may reasonably be required to take to render such facilities adequate and safe.
**(b) Training** The Secretary, in cooperation with the appropriate States and the National Sea Grant College Program, shall—
(1) establish programs to ensure that each observer receives adequate training in collecting and analyzing the information necessary for the conservation and management purposes of the fishery to which such observer is assigned;
(2) require that an observer demonstrate competence in fisheries science and statistical analysis at a level sufficient to enable such person to fulfill the responsibilities of the position;
(3) ensure that an observer has received adequate training in basic vessel safety;
(4) ensure that each observer has received training to identify indicators of forced labor and human trafficking (as such terms are defined in section 11329 of the Don Young Coast Guard Authorization Act of 2022) and refer this information to appropriate authorities; and
(5) make use of university and any appropriate private nonprofit organization training facilities and resources, where possible, in carrying out this subsection.
**(c) Observer stat
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1881b
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Federal law — U.S. Code and appendices · legal_authorities
Not later than 30 days after March 23, 2018, the Secretary of Commerce (Secretary) shall lift the stay on the effective date of the final rule for the seafood import monitoring program published by the Secretary on December 9, 2016, (81 Fed. Reg. 88975 et seq.) for the species described in section 300.324(a)(3) of title 50, Code of Federal Regulations: Provided, That the compliance date for the species described in section 300.324(a)(3) of title 50, Code of Federal Regulations, shall occur not later than December 31, 2018: Provided further, That not later than December 31, 2018, the Secretary shall establish a traceability program for United States inland, coastal, and marine aquaculture of shrimp and abalone from point of production to entry into United States commerce: Provided further, That the Secretary shall promulgate such regulations as are necessary and appropriate to establish and implement the program: Provided further, That information collected pursuant to a regulation promulgated under this section shall be confidential and not be disclosed except for the information disclosed under section 401(b)(1) of the Magnuson-Stevens Fishery Conservation and Management Act ([16 U.S.C. 1881a(b)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1881a/b/1&num=0&edition=prelim)): Provided further, That any regulations promulgated under this section shall be enforced as if this section were a provision of the Magnuson-Stevens Fishery Conservation and Management Act ([16 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1801&num=0&edition=prelim) et seq.) and the regulations were promulgated under such Act.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1885
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary, in consultation with the heads of other Federal agencies, as appropriate, shall develop and carry out with partner governments and civil society—
(1) multi-year international environmental cooperation agreements and projects; and
(2) multi-year capacity-building projects for implementing measures to address illegal, unreported, or unregulated fishing, fraud, forced labor, bycatch, and other conservation measures.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 8033
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** There is established a collaborative interagency working group on maritime security and IUU fishing (referred to in this chapter as the “Working Group”).
**(b) Members** The members of the Working Group shall be composed of—
(1) 1 chair, who shall rotate between the Secretary of the Department in which the Coast Guard is operating, acting through the Commandant of the Coast Guard, the Secretary of State, and the National Oceanographic and Atmospheric Administration, acting through the Administrator, on a 3-year term;
(2) 2 deputy chairs, who shall be appointed by their respective agency heads and shall be from a different Department than that of the chair, from—
(A) the Coast Guard;
(B) the Department of State; and
(C) the National Oceanic and Atmospheric Administration;
(3) 12 members, who shall be appointed by their respective agency heads, from—
(A) the Department of Defense;
(B) the United States Navy;
(C) the United States Agency for International Development;
(D) the United States Fish and Wildlife Service;
(E) the Department of Justice;
(F) the Department of the Treasury;
(G) U.S. Customs and Border Protection;
(H) U.S. Immigration and Customs Enforcement;
(I) the Federal Trade Commission;
(J) the Department of Agriculture;
(K) the Food and Drug Administration; and
(L) the Department of Labor;
(4) 1 or more members from the intelligence community (as defined in [section 3003 of title 50](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3003&num=0&edition=prelim)), who shall be appointed by the Director of National Intelligence; and
(5) 5 members, who shall be appointed by the President, from—
(A) the National Security Council;
(B) the Council on Environmental Qu
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 8034
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