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16 U.S.C. § 1826h — Biennial report on international compliance
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary, in consultation with the Secretary of State, shall provide to Congress, by not later than 2 years after January 12, 2007, and every 2 years thereafter, on June 1 of that year a report that includes—
(1) the state of knowledge on the status of international living marine resources shared by the United States or subject to treaties or agreements to which the United States is a party, including a list of all such fish stocks classified as overfished, overexploited, depleted, endangered, or threatened with extinction by any international or other authority charged with management or conservation of living marine resources;
(2) a list of nations that have been identified under section 1826j(a) or 1826k(a) of this title, including the specific offending activities and any subsequent actions taken pursuant to section 1826j or 1826k of this title;
(3) a description of efforts taken by nations on those lists to comply take appropriate corrective action consistent with sections 1826j and 1826k of this title, and an evaluation of the progress of those efforts, including steps taken by the United States to implement those sections and to improve international compliance;
(4) progress at the international level, consistent with [section 1826i of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1826i&num=0&edition=prelim), to strengthen the efforts of international fishery management organizations to end illegal, unreported, or unregulated fishing; and
(5) steps taken by the Secretary at the international level to adopt international measures comparable to those of the United States to reduce impacts of fishing and other practices on protected living marine resources, if no international agreement to achiev
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Source file: Laws/federal/codes/united-states-code/title-16/section-1826h-biennial-report-on-international-compliance--9878446fad.md
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Source location: Title 16, Chapter 38, § 1826h; chapter-038-fishery-conservation-and-management.md
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**(a) In general** The Secretary, in consultation with the Secretary of State, shall provide to Congress, by not later than 2 years after January 12, 2007, and every 2 years thereafter, on June 1 of that year a report that includes—
(1) the state of knowledge on the status of international living marine resources shared by the United States or subject to treaties or agreements to which the United States is a party, including a list of all such fish stocks classified as overfished, overexploited, depleted, endangered, or threatened with extinction by any international or other authority charged with management or conservation of living marine resources;
(2) a list of nations that have been identified under section 1826j(a) or 1826k(a) of this title, including the specific offending activities and any subsequent actions taken pursuant to section 1826j or 1826k of this title;
(3) a description of efforts taken by nations on those lists to comply take appropriate corrective action consistent with sections 1826j and 1826k of this title, and an evaluation of the progress of those efforts, including steps taken by the United States to implement those sections and to improve international compliance;
(4) progress at the international level, consistent with [section 1826i of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1826i&num=0&edition=prelim), to strengthen the efforts of international fishery management organizations to end illegal, unreported, or unregulated fishing; and
(5) steps taken by the Secretary at the international level to adopt international measures comparable to those of the United States to reduce impacts of fishing and other practices on protected living marine resources, if no international agreement to achieve such goal exists, or if the relevant international fishery or conservation organization has failed to implement effective measures to end or reduce the adverse impacts of fishing practices on such species.
**(b) Additional information** In addition to the information described in paragraphs (1) through (5) of subsection (a), the report shall include—
(1) a description of the actions taken to carry out the provisions of [section 1826 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1826&num=0&edition=prelim), including—
(A) an evaluation of the progress of those efforts, the impacts on living marine resources, including available observer data, and specific plans for further action;
(B) a list and description of any new fisheries developed by nations that conduct, or authorize their nationals to conduct, large-scale driftnet fishing beyond the exclusive economic zone of any nation; and
(C) a list of the nations that conduct, or authorize their nationals to conduct, large-scale driftnet fishing beyond the exclusive economic zone of any nation in a manner that diminishes the effectiveness of or is inconsistent with any international agreement governing large-scale driftnet fishing to which the United States is a party or otherwise subscribes; and
(2) a description of the actions taken to carry out the provisions of [section 1822(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1822/h&num=0&edition=prelim).
**(c) Certification** If, at any time, the Secretary, in consultation with the Secretary of State and the Secretary of the department in which the Coast Guard is operating, identifies any nation that warrants inclusion in the list described under subsection (b)(1)(C), due to large scale drift net fishing, the Secretary shall certify that fact to the President. Such certification shall be deemed to be a certification for the purposes of [section 1978(a) of title 22](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1978/a&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary, in consultation with the Secretary of State, and in cooperation with relevant fishery management councils and any relevant advisory committees, shall take actions to improve the effectiveness of international fishery management organizations, or arrangements made pursuant to an international fishery agreement, in conserving and managing fish stocks under their jurisdiction. These actions shall include—
(1) urging international fishery management organizations to which the United States is a member—
(A) to incorporate multilateral market-related measures against member or nonmember governments whose vessels engage in illegal, unreported, or unregulated fishing;
(B) to seek adoption of lists that identify fishing vessels and vessel owners engaged in illegal, unreported, or unregulated fishing that can be shared among all members and other international fishery management organizations;
(C) to seek international adoption of a centralized vessel monitoring system in order to monitor and document capacity in fleets of all nations involved in fishing in areas under an international fishery management organization’s jurisdiction;
(D) to increase use of observers and technologies needed to monitor compliance with conservation and management measures established by the organization, including vessel monitoring systems and automatic identification systems;
(E) to seek adoption of stronger port state controls in all nations, particularly those nations in whose ports vessels engaged in illegal, unreported, or unregulated fishing land or transship fish; and
(F) to adopt shark conservation measures, including measures to prohibit removal of any of the fins of a shark (including the tail) and discarding the carcass of the shark at s
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1826i
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Short title** This section incorporates and expands upon provisions of the Driftnet Impact Monitoring, Assessment, and Control Act of 1987 and may be cited as the “Driftnet Act Amendments of 1990”.
**(b) Findings** The Congress finds that—
(1) the continued widespread use of large-scale driftnets beyond the exclusive economic zone of any nation is a destructive fishing practice that poses a threat to living marine resources of the world’s oceans, including but not limited to the North and South Pacific Ocean and the Bering Sea;
(2) the use of large-scale driftnets is expanding into new regions of the world’s oceans, including the Atlantic Ocean and Caribbean Sea;
(3) there is a pressing need for detailed and reliable information on the number of seabirds, sea turtles, nontarget fish, and marine mammals that become entangled and die in actively fished large-scale driftnets and in large-scale driftnets that are lost, abandoned, or discarded;
(4) increased efforts, including reliable observer data and enforcement mechanisms, are needed to monitor, assess, control, and reduce the adverse impact of large-scale driftnet fishing on living marine resources;
(5) the nations of the world have agreed in the United Nations, through General Assembly Resolution Numbered 44–225, approved December 22, 1989, by the General Assembly, that a moratorium should be imposed by June 30, 1992, on the use of large-scale driftnets beyond the exclusive economic zone of any nation;
(6) the nations of the South Pacific have agreed to a moratorium on the use of large-scale driftnets in the South Pacific through the Convention for the Prohibition of Fishing with Long Driftnets in the South Pacific, which was agreed to in Wellington, New Zealand, on November 29, 1989;
(7) increasing popul
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1826
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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) Identification**
(1) **In general** — The Secretary shall 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) a nation if—
(i) any fishing vessel of that nation is engaged, or has been engaged during the 3 years preceding the date of the determination, in fishing activities or practices on the high seas or within the exclusive economic zone of any nation, that have resulted in bycatch of a protected living marine resource; and
(ii) the vessel’s flag state has not adopted, implemented, and enforced a regulatory program governing such fishing designed to end or reduce such bycatch that is comparable in effectiveness to the regulatory program of the United States, taking into account differing conditions; and
(B) a nation if—
(i) any fishing vessel of that nation is engaged, or has engaged during the 3 years preceding the date of the determination, in fishing activities on the high seas or within the exclusive economic zone of another nation that target or incidentally catch sharks; and
(ii) the vessel’s flag state has not adopted, implemented, and enforced a regulatory program to provide for the conservation of sharks, including measures to prohibit removal of any of the fins of a shark, including the tail, before landing the shark in port, that is comparable to that of the United States.
(2) **Timing** — The Secretary shall make an identification under paragraph (1) at any time that the Secretary has sufficient information to make such identification.
**(b) Consultation and negotiation** The Secretary of State, acting in consultation with the Secretary, shall—
(1) notify, as soon as practicable, the President and
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1826k
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Federal law — U.S. Code and appendices · legal_authorities
Page 2036
TITLE 16—CONSERVATION
§ 1826h
this Act to the Code, see Short Title of 2015 Amend-
ment note set out under section 951 of this title and Ta-
bles.
The Ensuring Access to Pacific Fisheries Act, re-
ferred to in subsec. (b)(9), is Pub. L. 114–327, Dec. 16,
2016, 130 Stat. 1974. For complete classification of this
Act to the Code, see Short Title note set out under sec-
tion 7701 of this title and Tables.
The Magnuson-Stevens Fishery Conservation and
Management Act, referred to in subsec. (d)(2)(A), is
Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classi-
fied principally to chapter 38 (§ 1801 et seq.) of this title.
For complete classification of this Act to the Code, see
Short Title note set out under section 1801 of this title
and Tables.
CODIFICATION
Section was enacted as part of the High Seas Driftnet
Fishing Moratorium Protection Act, and also as part of
the Fisheries Act of 1995, and not as part of the Magnu-
son-Stevens Fishery Conservation and Management
Act which comprises this chapter.
AMENDMENTS
2016—Subsec. (b)(9). Pub. L. 114–327 added par. (9).
2015—Pub. L. 114–81 designated existing provisions as
subsec. (h), inserted heading, and added subsecs. (a) to
(g).
Statutory Notes and Related Subsidiaries
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relat-
ing thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu-
rity, and the Department of Homeland Security Reor-
ganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
§ 1826h. Biennial re
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1826h
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