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

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 report on international compli- ance (a) In general The Secretary, in consultation with the Sec- retary 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, de- pleted, endangered, or threatened with extinc- tion 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 sec- tion 1826j or 1826k of this title; (3) a description of efforts taken by nations on those lists to comply take appropriate cor- rective 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, con- sistent with section 1826i of this title, to strengthen the efforts of international fishery management organizations to end illegal, un- reported, or unregulated fishing; and (5) steps taken by the Secretary at the inter- national 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 im- plement 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, including— (A) an evaluation of the progress of those efforts, the impacts on living marine re- sources, including available observer data, and specific plans for further action; (B) a list and description of any new fish- eries 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 in- consistent with any international agreement governing large-scale driftnet fishing to which the United States is a party or other- wise subscribes; and (2) a description of the actions taken to carry out the provisions of section 1822(h) of this title. (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 op- erating, identifies any nation that warrants in- clusion in the list described under subsection (b)(1)(C), due to large scale drift net fishing, the Secretary shall certify that fact to the Presi- dent. Such certification shall be deemed to be a certification for the purposes of section 1978(a) of title 22. (Pub. L. 104–43, title VI, § 607, as added Pub. L. 109–479, title IV, § 403(a), Jan. 12, 2007, 120 Stat. 3626; amended Pub. L. 114–81, title I, § 101(i)(1), Nov. 5, 2015, 129 Stat. 655; Pub. L. 114–327, title IV, § 401(b), Dec. 16, 2016, 130 Stat. 1994; Pub. L. 117–328, div. S, title II, § 205(b)(2), Dec. 29, 2022, 136 Stat. 5270.) Editorial Notes 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. Page 2037 TITLE 16—CONSERVATION § 1826i 1 So in original. AMENDMENTS 2022—Pub. L. 117–328, § 205(b)(2), designated existing provisions as subsec. (a), inserted heading, added sub- secs. (b) and (c), and realigned margins. 2016—Pub. L. 114–327, in introductory provisions, in- serted ‘‘on June 1 of that year’’ after ‘‘every 2 years thereafter,’’. 2015—Par. (2). Pub. L. 114–81 substituted ‘‘that’’ for ‘‘whose vessels’’. § 1826i. Action to strengthen international fish- ery management organizations (a) In general The Secretary, in consultation with the Sec- retary of State, and in cooperation with rel- evant fishery management councils and any rel- evant advisory committees, shall take actions to improve the effectiveness of international fishery management organizations, or arrange- ments made pursuant to an international fish- ery 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-re- lated measures against member or non- member governments whose vessels engage in illegal, unreported, or unregulated fish- ing; (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 or- ganizations; (C) to seek international adoption of a cen- tralized 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 tech- nologies needed to monitor compliance with conservation and management measures es- tablished by the organization, including ves- sel monitoring systems and automatic iden- tification systems; (E) to seek adoption of stronger port state controls in all nations, particularly those nations in whose ports vessels engaged in il- legal, 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 orga- nizations, to adopt and expand the use of mar- ket-related measures to combat illegal, unre- ported, or unregulated fishing, including— (A) import prohibitions, landing restric- tions, or other market-based measures need- ed 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 im- portation of fish caught by vessels identified multilaterally as engaging in illegal, unre- ported, or unregulated fishing; and (C) catch documentation and certification schemes to improve tracking and identifica- tion of catch of vessels engaged in illegal, unreported, or unregulated fishing, includ- ing advance transmission of catch docu- ments to ports of entry; (3) seeking to enter into international agree- ments that require measures for the conserva- tion of sharks, including measures to prohibit removal of any of the fins of a shark (includ- ing the tail) and discarding the carcass of the shark at sea, that are comparable to those of the United States, taking into account dif- ferent conditions; and (4) urging other nations at bilateral, re- gional, and international levels, including the Convention on International Trade in Endan- gered 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 pre- vent fish or other living marine resources har- vested by vessels engaged in illegal, unre- ported, or unregulated fishing from being trad- ed or imported into their nation or territories. (b) Disclosure of information (1) In general The Secretary, subject to the data confiden- tiality provisions in section 402 of the Magnu- son-Stevens Fishery Conservation and Man- agement Act (16 U.S.C. 1881a) except as pro- vided in paragraph (2), may disclose, as nec- essary and appropriate, information, including information collected under joint authority of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) and the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 71 et seq.), the Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6901 et seq.), any other statute implementing an international fishery agree- ment, to any other Federal or State govern- ment agency, the Food and Agriculture Orga- nization of the United Nations, or the secre- tariat or equivalent of an international fish- ery 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 sec- tion 402 of the Magnuson-Stevens Fishery Con- servation and Management Act (16 U.S.C. 1881a) 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 1 Food and Agriculture Organization Agreement on Port