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16 U.S.C. § 1826j — Illegal, unreported, or unregulated fishing

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1826j — Illegal, unreported, or unregulated fishing

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Stable record: federal_law:legal_authorities:record_usc_9061a85121a8e7baa248311d
Source file: Laws/federal/codes/united-states-code/title-16/section-1826j-illegal-unreported-or-unregulated-fishing--87d05aae60.md
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Source location: Title 16, Chapter 38, § 1826j; chapter-038-fishery-conservation-and-management.md

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**(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, or has failed in the 3-year period preceding the date of the determination, to effectively address or regulate illegal, unreported, or unregulated fishing within its fleets in any areas where its vessels are fishing. (C) Any nation that fails to discharge duties incumbent upon it under international law or practice as a flag, port, or coastal state to take action to prevent, deter, and eliminate illegal, unreported, or unregulated fishing. (D) Any nation that has been identified as producing for export to the United States seafood-related goods through forced labor or oppressive child labor (as those terms are defined in section 11329 of the Don Young Coast Guard Authorization Act of 2022) in the most recent List of Goods Produced by Child Labor or Forced Labor in accordance with the Trafficking Victims Protection Act of 2000 ([22 U.S.C. 7101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7101&num=0&edition=prelim) et seq.). (3) **Application to other entities** — Where the provisions of this Act are applicable to nations, they shall also be applicable, as appropriate, to other entities that have competency to enter into international fishery management agreements. (4) **Timing** — The Secretary shall make an identification under paragraph (1) or (2) at any time that the Secretary has sufficient information to make such identification. **(b) Notification** The Secretary shall notify the President and that nation of such an identification. **(c) Consultation** No later than 60 days after submitting a report to Congress under [section 1826h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1826h&num=0&edition=prelim), the Secretary, acting through the Secretary of State, shall— (1) notify nations listed in the report of the requirements of this section; (2) initiate consultations for the purpose of encouraging such nations to take the appropriate corrective action with respect to the offending activities of their fishing vessels identified in the report; and (3) notify any relevant international fishery management organization of the actions taken by the United States under this section. **(d) IUU certification procedure** (1) **Certification** — The Secretary shall establish a procedure, consistent with the provisions of subchapter II of chapter 5 of title 5, for determining if a nation identified under subsection (a) and listed 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) has taken appropriate corrective action with respect to the offending activities identified 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). The certification procedure shall provide for notice and an opportunity for comment by any such nation. The Secretary shall determine, on the basis of the procedure, and certify to the Congress no later than 90 days after the date on which the Secretary promulgates a final rule containing the procedure, and biennially thereafter 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) whether the government of each nation identified under subsection (a) has provided documentary evidence that it has taken corrective action with respect to the offending activities identified in the report; or (B) whether the relevant international fishery management organization has implemented measures that are effective in ending the illegal, unreported, or unregulated fishing activity by vessels of that nation. (2) **Alternative procedure** — The Secretary may establish a procedure to authorize, on a shipment-by-shipment, shipper-by-shipper, or other basis the importation of fish or fish products from a vessel of a nation issued a negative certification under paragraph (1) if the Secretary determines that— (A) the vessel has not engaged in illegal, unreported, or unregulated fishing under an international fishery management agreement to which the United States is a party; or (B) the vessel is not identified by an international fishery management organization as participating in illegal, unreported, or unregulated fishing activities. (3) **Effect of certification determination** (A) *Effect of negative certification* — The provisions of subsection (a) and paragraphs (3) and (4) of subsection (b) of [section 1826a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1826a&num=0&edition=prelim) shall apply to any nation that, after being identified and notified under subsection (b) has failed to take the appropriate corrective actions for which the Secretary has issued a negative certification under this subsection. (B) *Effect of positive certification* — The provisions of subsection (a) and paragraphs (3) and (4) of subsection (b) of [section 1826a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1826a&num=0&edition=prelim) shall not apply to any nation identified under subsection (a) for which the Secretary has issued a positive certification under this subsection. **(e) Illegal, unreported, or unregulated fishing defined** (1) **In general** — In this Act the term “illegal, unreported, or unregulated fishing” has the meaning established under paragraph (2). (2) **Secretary to define term within legislative guidelines** — Within 3 months after January 12, 2007, the Secretary shall publish a definition of the term “illegal, unreported, or unregulated fishing” for purposes of this Act. (3) **Guidelines** — The Secretary shall include in the definition, at a minimum— (A) fishing activities that violate conservation and management measures required under an international fishery management agreement to which the United States is a party, including catch limits or quotas, capacity restrictions, bycatch reduction requirements, and shark conservation measures; (B) overfishing of fish stocks shared by the United States, for which there are no applicable international conservation or management measures or in areas with no applicable international fishery management organization or agreement, that has adverse impacts on such stocks; and (C) fishing activity that has an adverse impact on seamounts, hydrothermal vents, and cold water corals located beyond national jurisdiction, for which there are no applicable conservation or management measures or in areas with no applicable international fishery management organization or agreement. **(f) Authorization of appropriations** There are authorized to be appropriated to the Secretary for fiscal years 2007 through 2013 such sums as are necessary to carry out this section.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 7101 — Purposes and findings

**(a) Purposes** The purposes of this chapter are to combat trafficking in persons, a contemporary manifestation of slavery whose victims are predominantly women and children, to ensure just and effective punishment of traffickers, and to protect their victims. **(b) Findings** Congress finds that: (1) As the 21st century begins, the degrading institution of slavery continues throughout the world. Trafficking in persons is a modern form of slavery, and it is the largest manifestation of slavery today. At least 700,000 persons annually, primarily women and children, are trafficked within or across international borders. Approximately 50,000 women and children are trafficked into the United States each year. (2) Many of these persons are trafficked into the international sex trade, often by force, fraud, or coercion. The sex industry has rapidly expanded over the past several decades. It involves sexual exploitation of persons, predominantly women and girls, involving activities related to prostitution, pornography, sex tourism, and other commercial sexual services. The low status of women in many parts of the world has contributed to a burgeoning of the trafficking industry. (3) Trafficking in persons is not limited to the sex industry. This growing transnational crime also includes forced labor and involves significant violations of labor, public health, and human rights standards worldwide. (4) Traffickers primarily target women and girls, who are disproportionately affected by poverty, the lack of access to education, chronic unemployment, discrimination, and the lack of economic opportunities in countries of origin. Traffickers lure women and girls into their networks through false promises of decent working conditions at relatively good pay as nannies, maids, d

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 7101

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1885a — Report on Seafood Import Monitoring Program

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1885a

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1801 — Findings, purposes and policy

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1801

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1826h — Biennial report on international compliance

**(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

16 U.S.C. § 1826i — Action to strengthen international fishery management organizations

**(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

16 U.S.C. § 1826a — Denial of port privileges and sanctions for high seas large-scale driftnet fishing

**(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

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1826j — Illegal, unreported, or unregulated fish-

Page 2038 TITLE 16—CONSERVATION § 1826j State Measures to Prevent, Deter and Elimi- nate 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, unre- ported, or unregulated fishing, including ves- sels or vessel owners identified by an inter- national fishery management organization or arrangement made pursuant to an inter- national 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 pursu- ant 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 applica- ble international law, including principles, rights, and obligations established in applica- ble international fishery management agree- ments and trade agreements. (d) Regulations The Secretary may promulgate regulations to implement this section. (Pub. L. 104–43, title VI, § 608, as added Pub. L. 109–479, title IV, § 403(a), Jan. 12, 2007, 120 Stat. 3627; amended Pub. L. 111–348, title I, § 102(a), Jan. 4, 2011, 124 Stat. 3668; Pub. L. 114–81, title I, § 101(b), Nov. 5, 2015, 129 Stat. 653.) Editorial No

Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1826j

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 7101 — Purposes and findings

Page 1887 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7101 ‘‘(D) UNITED STATES CAPITAL MARKETS.—The Com- mission shall evaluate the extent of Chinese access to, and use of United States capital markets, and whether the existing disclosure and transparency rules are adequate to identify Chinese companies which are active in United States markets and are also engaged in proliferation activities or other ac- tivities harmful to United States security interests. ‘‘(E) CORPORATE REPORTING.—The Commission shall assess United States trade and investment relation- ship with China, including the need for corporate re- porting on United States investments in China and incentives that China may be offering to United States corporations to relocate production and R&D to China. ‘‘(F) REGIONAL ECONOMIC AND SECURITY IMPACTS.— The Commission shall assess the extent of China’s ‘hollowing-out’ of Asian manufacturing economies, and the impact on United States economic and secu- rity interests in the region; review the triangular economic and security relationship among the United States, Taipei and Beijing, including Beijing’s mili- tary modernization and force deployments aimed at Taipei, and the adequacy of United States executive branch coordination and consultation with Congress on United States arms sales and defense relationship with Taipei. ‘‘(G) UNITED STATES-CHINA BILATERAL PROGRAMS.— The Commission shall assess science and technology programs to evaluate if the United States is devel- oping an adequate coordinating mechanism with ap- propriate review by the intelligence community with Congress; assess the degree of non-compliance by China and United States-China agreements on prison labor imports and intellectual property rights; evalu- ate United States

Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 7101

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