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16 U.S.C. § 1826i — Action to strengthen international fishery management organizations
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
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Source location: Title 16, Chapter 38, § 1826i; chapter-038-fishery-conservation-and-management.md
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**(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 sea;
(2) urging international fishery management organizations to which the United States is a member, as well as all members of those organizations, to adopt and expand the use of market-related measures to combat illegal, unreported, or unregulated fishing, including—
(A) import prohibitions, landing restrictions, or other market-based measures needed to enforce compliance with international fishery management organization measures, such as quotas and catch limits;
(B) import restrictions or other market-based measures to prevent the trade or importation of fish caught by vessels identified multilaterally as engaging in illegal, unreported, or unregulated fishing; and
(C) catch documentation and certification schemes to improve tracking and identification of catch of vessels engaged in illegal, unreported, or unregulated fishing, including advance transmission of catch documents to ports of entry;
(3) seeking to enter into international agreements that require measures for the conservation of sharks, including measures to prohibit removal of any of the fins of a shark (including the tail) and discarding the carcass of the shark at sea, that are comparable to those of the United States, taking into account different conditions; and
(4) urging other nations at bilateral, regional, and international levels, including the Convention on International Trade in Endangered Species of Fauna and Flora and the World Trade Organization to take all steps necessary, consistent with international law, to adopt measures and policies that will prevent fish or other living marine resources harvested by vessels engaged in illegal, unreported, or unregulated fishing from being traded or imported into their nation or territories.
**(b) Disclosure of information**
(1) **In general** — The Secretary, subject to the data confidentiality provisions in section 402 of the Magnuson-Stevens Fishery Conservation and Management Act ([16 U.S.C. 1881a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1881a&num=0&edition=prelim)) except as provided in paragraph (2), may disclose, as necessary and appropriate, information, including information collected under joint authority 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 Atlantic Tunas Convention Act of 1975 ([16 U.S.C. 71](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section71&num=0&edition=prelim) et seq.), the Western and Central Pacific Fisheries Convention Implementation Act ([16 U.S.C. 6901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section6901&num=0&edition=prelim) et seq.), any other statute implementing an international fishery agreement, to any other Federal or State government agency, the Food and Agriculture Organization of the United Nations, or the secretariat or equivalent of an international fishery management organization or arrangement made pursuant to an international fishery agreement, if such government, organization, or arrangement, respectively, has policies and procedures to protect such information from unintended or unauthorized disclosure.
(2) **Exceptions** — The data confidentiality provisions in section 402 of the Magnuson-Stevens Fishery Conservation and Management Act ([16 U.S.C. 1881a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1881a&num=0&edition=prelim)) shall not apply with respect to this Act—
(A) for obligations of the United States to share information under a regional fisheries management organization (as that term is defined by the United Nation’s 11 So in original. Food and Agriculture Organization Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing) of which the United States is a member; or
(B) to any information collected by the Secretary regarding foreign vessels.
**(c) IUU vessel lists** The Secretary may—
(1) develop, maintain, and make public a list of vessels and vessel owners engaged in illegal, unreported, or unregulated fishing or fishing-related activities in support of illegal, unreported, or unregulated fishing, including vessels or vessel owners identified by an international fishery management organization or arrangement made pursuant to an international fishery agreement, that—
(A) the United States is party to; or
(B) the United States is not party to, but whose procedures and criteria in developing and maintaining a list of such vessels and vessel owners are substantially similar to such procedures and criteria adopted pursuant to an international fishery agreement to which the United States is a party; and
(2) take appropriate action against listed vessels and vessel owners, including action against fish, fish parts, or fish products from such vessels, in accordance with applicable United States law and consistent with applicable international law, including principles, rights, and obligations established in applicable international fishery management agreements and trade agreements.
**(d) Regulations** The Secretary may promulgate regulations to implement this section.
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **1982 Convention** — The term “1982 Convention” means the United Nations Convention on the Law of the Sea of 10 December 1982.
(2) **Agreement** — The term “Agreement” means the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks.
(3) **Commission** — The term “Commission” means the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean established in accordance with this Convention.
(4) **Convention area** — The term “convention area” means all waters of the Pacific Ocean bounded to the south and to the east by the following line: From the south coast of Australia due south along the 141th meridian of east longitude to its intersection with the 55th parallel of south latitude; thence due east along the 55th parallel of south latitude to its intersection with the 150th meridian of east longitude; thence due south along the 150th meridian of east longitude to its intersection with the 60th parallel of south latitude; thence due east along the 60th parallel of south latitude to its intersection with the 130th meridian of west longitude; thence due north along the 130th meridian of west longitude to its intersection with the 4th parallel of south latitude; thence due west along the 4th parallel of south latitude to its intersection with the 150th meridian of west longitude; thence due north along the 150th meridian of west longitude.
(5) **Exclusive economic zone** — The term “exclusive economic zone” means the zone established by Presidential Proclamation Numbered 5030 of March 10, 1983.
(6) **Fishing** — T
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 6901
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 99–659, title III, § 308, Nov. 14, 1986, 100 Stat. 3736; Pub. L. 101–627, title V, §§ 502, 503, Nov. 28, 1990, 104 Stat. 4463; Pub. L. 102–396, title IX, § 9135, Oct. 6, 1992, 106 Stat. 1937; Pub. L. 103–206, title VIII, § 811, Dec. 20, 1993, 107 Stat. 2454; Pub. L. 103–238, § 21, Apr. 30, 1994, 108 Stat. 561; Pub. L. 104–134, title I, § 101[(a)] [title II, § 211], Apr. 26, 1996, 110 Stat. 1321, 1321–31; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327; Pub. L. 104–297, title IV, § 402, Oct. 11, 1996, 110 Stat. 3618; Pub. L. 107–372, title III, § 302(a), Dec. 19, 2002, 116 Stat. 3094; Pub. L. 109–479, title III, § 302(g), Jan. 12, 2007, 120 Stat. 3624; Pub. L. 111–348, title I, § 104, Jan. 4, 2011, 124 Stat. 3671, authorized appropriations, with certain conditions, to the Secretary of Commerce for fiscal years 2007 through 2012.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds and declares the following:
(1) The fish off the coasts of the United States, the highly migratory species of the high seas, the species which dwell on or in the Continental Shelf appertaining to the United States, and the anadromous species which spawn in United States rivers or estuaries, constitute valuable and renewable natural resources. These fishery resources contribute to the food supply, economy, and health of the Nation and provide recreational opportunities.
(2) Certain stocks of fish have declined to the point where their survival is threatened, and other stocks of fish have been so substantially reduced in number that they could become similarly threatened as a consequence of (A) increased fishing pressure, (B) the inadequacy of fishery resource conservation and management practices and controls, or (C) direct and indirect habitat losses which have resulted in a diminished capacity to support existing fishing levels.
(3) Commercial and recreational fishing constitutes a major source of employment and contributes significantly to the economy of the Nation. Many coastal areas are dependent upon fishing and related activities, and their economies have been badly damaged by the overfishing of fishery resources at an ever-increasing rate over the past decade. The activities of massive foreign fishing fleets in waters adjacent to such coastal areas have contributed to such damage, interfered with domestic fishing efforts, and caused destruction of the fishing gear of United States fishermen.
(4) International fishery agreements have not been effective in preventing or terminating the overfishing of these valuable fishery resources. There is danger that irreversible effects from overfishing will take place before an effectiv
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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
For the purpose of this chapter—
(1) The term “Convention” means the International Convention for the Conservation of Atlantic Tunas, signed at Rio de Janeiro May 14, 1966, including any amendments or protocols which are or become effective for the United States.
(2) The term “Commission” means the International Commission for the Conservation of Atlantic Tunas provided for in article III of the Convention.
(3) The term “conservation recommendation” means any recommendation of the Commission made pursuant to Article VIII of the Convention and acted upon favorably by the Secretary of State under [section 971c(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section971c/a&num=0&edition=prelim).
(4) The term “Council” means the Council established within the International Commission for the Conservation of Atlantic Tunas pursuant to article V of the Convention.
(5) The term “exclusive economic zone” means an exclusive economic zone as defined in [section 1802 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1802&num=0&edition=prelim).
(6) The term “fishing” means the catching, taking, or fishing for or the attempted catching, taking, or fishing for any species of fish covered by the Convention, or any activities in support thereof.
(7) The term “fishing vessel” means any vessel engaged in catching fish or processing or transporting fish loaded on the high seas, or any vessel outfitted for such activities.
(8) The term “Panel” means any panel established by the Commission pursuant to article VI of the Convention.
(9) The term “person” means every individual, partnership, corporation, and association subject to the jurisdiction of the United States.
(10) The term “Secretary” means the S
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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, 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1826h
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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,
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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
It is unlawful—
(1) for any person—
(A) to violate any provision of this chapter or any regulation or permit issued pursuant to this chapter;
(B) to use any fishing vessel to engage in fishing after the revocation, or during the period of suspension, of an applicable permit issued pursuant to this chapter;
(C) to violate any provision of, or regulation under, an applicable governing international fishery agreement entered into pursuant to [section 1821(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1821/c&num=0&edition=prelim);
(D) to refuse to permit any officer authorized to enforce the provisions of this chapter (as provided for in [section 1861 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1861&num=0&edition=prelim)) to board a fishing vessel subject to such person’s control for purposes of conducting any search or inspection in connection with the enforcement of this chapter or any regulation, permit, or agreement referred to in subparagraph (A) or (C);
(E) to forcibly assault, resist, oppose, impede, intimidate, or interfere with any such authorized officer in the conduct of any search or inspection described in subparagraph (D);
(F) to resist a lawful arrest for any act prohibited by this section;
(G) 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 chapter or any regulation, permit, or agreement referred to in subparagraph (A) or (C);
(H) 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;
(I) to knowingly and
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1857
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Federal law — U.S. Code and appendices · legal_authorities
Page 1991
TITLE 16—CONSERVATION
§ 1801
Sec.
1826k.
Equivalent conservation measures.
1827.
Observer program regarding certain foreign
fishing.
1827a.
Prohibition on sale of billfish.
1828.
Foreign fishing incursions.
1829.
International monitoring and compliance.
SUBCHAPTER IV—NATIONAL FISHERY
MANAGEMENT PROGRAM
1851.
National standards for fishery conservation
and management.
1852.
Regional Fishery Management Councils.
1853.
Contents of fishery management plans.
1853a.
Limited access privilege programs.
1854.
Action by Secretary.
1855.
Other requirements and authority.
1856.
State jurisdiction.
1857.
Prohibited acts.
1858.
Civil penalties and permit sanctions.
1859.
Criminal offenses.
1860.
Civil forfeitures.
1861.
Enforcement.
1861a.
Transition to sustainable fisheries.
1861b.
Fisheries enforcement plans and reporting.
1862.
North Pacific fisheries conservation.
1863.
Northwest Atlantic Ocean Fisheries Reinvest-
ment Program.
1864.
Repealed.
1865.
Bycatch reduction engineering program.
1866.
Shark feeding.
1867.
Cooperative research and management pro-
gram.
1868.
Herring study.
1869.
Restoration study.
SUBCHAPTER V—FISHERY MONITORING AND
RESEARCH
1881.
Registration and information management.
1881a.
Information collection.
1881b.
Observers.
1881c.
Fisheries research.
1881d.
Incidental harvest research.
1882.
Fisheries systems research.
1883.
Gulf of Mexico red snapper research.
1884.
Deep sea coral research and technology pro-
gram.
1885.
Seafood import monitoring program.
1885a.
Report on Seafood Import Monitoring Pro-
gram.
SUBCHAPTER VI—MISCELLANEOUS
1891.
Investment in United States seafood proc-
essing facilities.
1891a.
Community-based restoration program for
fishery and coast
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1801
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