16 U.S.C. § 1885 — Seafood import monitoring program

Page 2132 TITLE 16—CONSERVATION § 1885 shall submit biennial reports to Congress and the public on steps taken by the Secretary to identify, monitor, and protect deep sea coral areas, including summaries of the results of mapping, research, and data collection per- formed under the program. (Pub. L. 94–265, title IV, § 408, as added Pub. L. 109–479, title II, § 211, Jan. 12, 2007, 120 Stat. 3618.) § 1885. Seafood import monitoring program 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 pub- lished 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 pro- gram for United States inland, coastal, and ma- rine 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 nec- essary and appropriate to establish and imple- ment the program: Provided further, That infor- mation collected pursuant to a regulation pro- mulgated under this section shall be confiden- tial and not be disclosed except for the informa- tion disclosed under section 401(b)(1) of the Mag- nuson-Stevens Fishery Conservation and Man- agement Act (16 U.S.C. 1881a(b)(1)): Provided fur- ther, That any regulations promulgated under this section shall be enforced as if this section were a provision of the Magnuson-Stevens Fish- ery Conservation and Management Act (16 U.S.C. 1801 et seq.) and the regulations were pro- mulgated under such Act. (Pub. L. 115–141, div. B, title V, § 539, Mar. 23, 2018, 132 Stat. 445.) Editorial Notes REFERENCES IN TEXT The Magnuson-Stevens Fishery Conservation and Management Act, referred to in text, is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to this chapter. 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 Commerce, Jus- tice, Science, and Related Agencies Appropriations Act, 2018, and also as part of the Consolidated Appro- priations Act, 2018, and not as part of the Magnuson- Stevens Fishery Conservation and Management Act which comprises this chapter. Statutory Notes and Related Subsidiaries IMPORT AUDITS Pub. L. 117–263, div. K, title CXIII, § 11332, Dec. 23, 2022, 136 Stat. 4099, provided that: ‘‘(a) AUDIT PROCEDURES.—The Secretary shall, not later than 1 year after the date of enactment of this Act [Dec. 23, 2022], implement procedures to audit infor- mation and supporting records of sufficient numbers of imports of seafood and seafood products subject to the Seafood Import Monitoring Program to support statis- tically robust conclusions that the samples audited are representative of all seafood imports covered by the Seafood Import Monitoring Program with respect to a given year. ‘‘(b) EXPANSION OF MARINE FORENSICS LABORATORY.— The Secretary shall, not later than 1 year after the date of enactment of this Act, begin the process of ex- panding the National Oceanic and Atmospheric Admin- istration’s Marine Forensics Laboratory, including by establishing sufficient capacity for the development and deployment of rapid, and follow-up, analysis of field-based tests focused on identifying Seafood Import Monitoring Program species, and prioritizing such spe- cies at high risk of illegal, unreported, or unregulated fishing and seafood fraud. ‘‘(c) ANNUAL REVISION.—In developing the procedures required in subsection (a), the Secretary shall use pre- dictive analytics to inform whether to revise such pro- cedures to prioritize for audit those imports origi- nating from nations— ‘‘(1) identified pursuant to section 609(a) or 610(a) of the High Seas Driftnet Fishing Moratorium Protec- tion Act (16 U.S.C. 1826j(a) or 1826k(a)) that have not yet received a subsequent positive certification pur- suant to section 609(d) or 610(c) of such Act, respec- tively; ‘‘(2) identified by an appropriate regional fishery management organization as being the flag state or landing location of vessels identified by other nations or regional fisheries management organizations as engaging in illegal, unreported, or unregulated fish- ing; ‘‘(3) identified as having human trafficking or forced labor in any part of the seafood supply chain, including on vessels flagged in such nation, and in- cluding feed for cultured production, in the most re- cent Trafficking in Persons Report issued by the De- partment of State in accordance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.); ‘‘(4) identified as producing goods that contain sea- food using forced labor or oppressive child labor in the most recent List of Goods Produced by Child Labor or Forced Labor in accordance with the Traf- ficking Victims Protection Act [of 2000] (22 U.S.C. 7101 et seq.); and ‘‘(5) identified as at risk for human trafficking, in- cluding forced labor, in their seafood catching and processing industries by the report required under section 3563 of the Maritime SAFE Act (Public Law 116–92) [133 Stat. 2009].’’ [For definition of terms as used in section 11332 of Pub. L. 117–263, set out above, see section 11329 of div. K of Pub. L. 117–263, set out as a note under section 1885a of this title.] § 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 Trans- portation 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 summa- rizes the National Marine Fisheries Service’s ef- forts to prevent the importation of seafood har- vested through illegal, unreported, or unregu- lated fishing, particularly with respect to sea- food harvested, produced, processed, or manufac- tured by forced labor. Each such report shall be made publicly available on the website of the National Oceanic and Atmospheric Administra- tion.