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 Notes REFERENCES IN TEXT The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (b)(1), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified 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. The Atlantic Tunas Convention Act of 1975, referred to in subsec. (b)(1), is Pub. L. 94–70, Aug. 5, 1975, 89 Stat. 385, which is classified generally to chapter 16A (§ 971 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 971 of this title and Tables. The Western and Central Pacific Fisheries Conven- tion Implementation Act, referred to in subsec. (b)(1), is Pub. L. 109–479, title V, Jan. 12, 2007, 120 Stat. 3635, which is classified generally to chapter 88 (§ 6901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of this title and Tables. This Act, referred to in subsec. (b)(2), probably means title VI of Pub. L. 104–43, Nov. 3, 1995, 109 Stat. 391, known as the High Seas Driftnet Fishing Moratorium Protection Act, which is classified generally to sec- tions 1826d to 1826k of this title. For complete classi- fication of title VI to the Code, see Short Title of 1995 Amendment 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 2015—Pub. L. 114–81 designated existing provisions as subsec. (a), inserted heading and ‘‘, or arrangements made pursuant to an international fishery agreement,’’ after ‘‘organizations’’ in introductory provisions, and added subsecs. (b) to (d). 2011—Par. (1)(F). Pub. L. 111–348, § 102(a)(1), added sub- par. (F). Par. (2)(C). Pub. L. 111–348, § 102(a)(2), struck out ‘‘and’’ at end. Par. (3). Pub. L. 111–348, § 102(a)(4), added par. (3). Former par. (3) redesignated (4). Par. (4). Pub. L. 111–348, § 102(a)(3), redesignated par. (3) as (4). Statutory Notes and Related Subsidiaries CONSTRUCTION Pub. L. 111–348, title I, § 104, as added by Pub. L. 115–228, § 2(1), Aug. 2, 2018, 132 Stat. 1628, provided that: ‘‘Nothing in this title [see Short Title of 2011 Amend- ment note set out under section 1801 of this title] or the amendments made by this title shall be construed as affecting, altering, or diminishing in any way the au- thority of the Secretary of Commerce to establish such conservation and management measures as the Sec- retary considers necessary and appropriate under sec- tions 302(a)(3) and 304(g) of the Magnuson-Stevens Fish- ery Conservation and Management Act (16 U.S.C. 1852(a)(3), 1854(g)).’’ [Another section 104 of Pub. L. 111–348 amended sec- tion 4107 of this title, prior to repeal by Pub. L. 115–228, § 2(1), Aug. 2, 2018, 132 Stat. 1628.] § 1826j. Illegal, unreported, or unregulated fish- ing (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 organiza- tions, identify, and list in the report under section 1826h of this title, a nation if any fish- ing vessel of that nation is engaged, or has been engaged at any point during the pre- ceding 3 years, in illegal, unreported, or un- regulated fishing— (A) that undermines the effectiveness of measures required by an international fish- ery 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 man- agement 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 ille- Page 2039 TITLE 16—CONSERVATION § 1826j gal, unreported, or unregulated fishing. In de- termining 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 pre- ceding the date of the determination, con- servation and management measures, in- cluding catch and other data reporting obli- gations and requirements, required under an international fishery management agree- ment 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 reg- ulate illegal, unreported, or unregulated fishing within its fleets in any areas where its vessels are fishing. (C) Any nation that fails to discharge du- ties 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 et seq.). (3) Application to other entities Where the provisions of this Act are applica- ble to nations, they shall also be applicable, as appropriate, to other entities that have com- petency 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, 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 appro- priate corrective action with respect to the of- fending activities of their fishing vessels iden- tified 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 na- tion identified under subsection (a) and listed in the report under section 1826h of this title has taken appropriate corrective action with respect to the offending activities identified in the report under section 1826h of this title. 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 bien- nially thereafter in the report under section 1826h of this title— (A) whether the government of each nation identified under subsection (a) has provided documentary evidence that it has taken cor- rective action with respect to the offending activities identified in the report; or (B) whether the relevant international fishery management organization has imple- mented measures that are effective in end- ing 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, ship- per-by-shipper, or other basis the importation of fish or fish products from a vessel of a na- tion 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 agree- ment to which the United States is a party; or (B) the vessel is not identified by an inter- national fishery management organization as participating in illegal, unreported, or un- regulated fishing activities. (3) Effect of certification determination (A) Effect of negative certification The provisions of subsection (a) and para- graphs (3) and (4) of subsection (b) of section 1826a of this title 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 para- graphs (3) and (4) of subsection (b) of section 1826a of this title shall not apply to any na- tion identified under subsection (a) for which the Secretary has issued a positive certification under this subsection. (e) Illegal, unreported, or unregulated fishing de- fined (1) In general In this Act the term ‘‘illegal, unreported, or unregulated fishing’’ has the meaning estab- lished 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 Page 2040 TITLE 16—CONSERVATION § 1826j term ‘‘illegal, unreported, or unregulated fish- ing’’ for purposes of this Act. (3) Guidelines The Secretary shall include in the defini- tion, at a minimum— (A) fishing activities that violate con- servation and management measures re- quired under an international fishery man- agement agreement to which the United States is a party, including catch limits or quotas, capacity restrictions, bycatch reduc- tion requirements, and shark conservation measures; (B) overfishing of fish stocks shared by the United States, for which there are no appli- cable international conservation or manage- ment measures or in areas with no applica- ble international fishery management orga- nization or agreement, that has adverse im- pacts on such stocks; and (C) fishing activity that has an adverse im- pact on seamounts, hydrothermal vents, and cold water corals located beyond national jurisdiction, for which there are no applica- ble conservation or management measures or in areas with no applicable international fishery management organization or agree- ment. (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. (Pub. L. 104–43, title VI, § 609, as added Pub. L. 109–479, title IV, § 403(a), Jan. 12, 2007, 120 Stat. 3628; amended Pub. L. 111–348, title I, § 102(b), Jan. 4, 2011, 124 Stat. 3669; Pub. L. 114–81, title I, § 101(c), (e), (g)(1), (2), (i)(2)–(4), Nov. 5, 2015, 129 Stat. 654, 655; Pub. L. 114–327, title IV, § 401(c), Dec. 16, 2016, 130 Stat. 1995; Pub. L. 117–263, div. K, title CXIII, § 11337, Dec. 23, 2022, 136 Stat. 4102; Pub. L. 117–328, div. S, title IV, § 401(1), Dec. 29, 2022, 136 Stat. 5274.) Editorial Notes REFERENCES IN TEXT Section 11329 of the Don Young Coast Guard Author- ization Act of 2022, referred to in subsec. (a)(2)(D), is section 11329 of div. K of Pub. L. 117–263, which is set out as a note under section 1885a of this title. The Trafficking Victims Protection Act of 2000, re- ferred to in subsec. (a)(2)(D), is div. A of Pub. L. 106–386, Oct. 28, 2000, 114 Stat. 1466, which is classified prin- cipally to chapter 78 (§ 7101 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of Title 22 and Tables. This Act, referred to in subsecs. (a)(3) and (e)(1), (2), probably means title VI of Pub. L. 104–43, Nov. 3, 1995, 109 Stat. 391, known as the High Seas Driftnet Fishing Moratorium Protection Act, which is classified gen- erally to sections 1826d to 1826k of this title. For com- plete classification of title VI to the Code, see Short Title of 1995 Amendment 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 2022—Subsec. (a)(2). Pub. L. 117–263, § 11337(a)(1), added par. (2) and struck out former par. (2). Prior to amend- ment, text read as follows: ‘‘Taking into account the factors described under subsection (a)(1), the Secretary shall also identify, and list in such report, a nation— ‘‘(A) if it is violating, or has violated at any point during the preceding 3 years, conservation and man- agement measures required under an international fishery management agreement to which the United States is a party and the violations undermine the ef- fectiveness of such measures; or ‘‘(B) if it is failing, or has failed in the preceding 3- year period, to effectively address or regulate illegal, unreported, or unregulated fishing in areas described under paragraph (1)(B).’’ Subsec. (a)(4). Pub. L. 117–263, § 11337(a)(2), added par. (4). Subsec. (d)(3). Pub. L. 117–263, § 11337(b)(1), added par. (3) and struck out former par. (3) which related to ef- fect of certification. Subsecs. (e) to (g). Pub. L. 117–328, § 401(1), redesig- nated subsecs. (f) and (g) as (e) and (f), respectively, and struck out former subsec. (e) which related to record- keeping requirements. Pub. L. 117–263, § 11337(b)(2), (3), added subsec. (e) and redesignated former subsecs. (e) and (f) as (f) and (g), respectively. 2016—Subsec. (a)(1). Pub. L. 114–327 substituted ‘‘any fishing vessel of that nation is engaged, or has’’ for ‘‘fishing vessels of that nation are engaged, or have’’ in introductory provisions. 2015—Subsec. (a). Pub. L. 114–81, § 101(g)(1), (2), des- ignated existing provisions as par. (1), inserted heading, and, in introductory provisions, inserted ‘‘, based on a cumulative compilation and analysis of data collected and provided by international fishery management or- ganizations and other nations and organizations,’’ after ‘‘shall’’ and substituted ‘‘3 years’’ for ‘‘2 years’’; redes- ignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), realigned margins, and, in sub- par. (A), inserted ‘‘that undermines the effectiveness of measures required by an international fishery manage- ment organization, taking into account whether’’ be- fore ‘‘the relevant’’ and struck out ‘‘vessels of’’ after ‘‘activity by’’; and added pars. (2) and (3). Subsec. (b). Pub. L. 114–81, § 101(c), amended subsec. (b) generally. Prior to amendment, text read as follows: ‘‘An identification under subsection (a) or section 1826k(a) of this title is deemed to be an identification under section 1826a(b)(1)(A) of this title, and the Sec- retary shall notify the President and that nation of such identification.’’ Subsec. (d)(1). Pub. L. 114–81, § 101(i)(2), struck out ‘‘of its fishing vessels’’ after ‘‘offending activities’’ in in- troductory provisions. Subsec. (d)(1)(A). Pub. L. 114–81, § 101(i)(3), struck out ‘‘of its fishing vessels’’ after ‘‘offending activities’’. Subsec. (d)(2). Pub. L. 114–81, § 101(i)(4), in introduc- tory provisions, substituted ‘‘to authorize’’ for ‘‘for cer- tification’’, inserted ‘‘the importation’’ after ‘‘or other basis’’, struck out ‘‘harvesting’’ before ‘‘nation’’, and substituted ‘‘issued a negative certification under para- graph (1)’’ for ‘‘not certified under paragraph (1)’’. Subsec. (d)(3)(A)(i). Pub. L. 114–81, § 101(e), struck out ‘‘that has not been certified by the Secretary under this subsection, or’’ after ‘‘subsection (a)’’. 2011—Subsec. (e)(3)(A). Pub. L. 111–348 substituted ‘‘bycatch reduction requirements, and shark conserva- tion measures;’’ for ‘‘and bycatch reduction require- ments;’’. Statutory Notes and Related Subsidiaries CONSTRUCTION Nothing in amendment by Pub. L. 111–348 to be con- strued as affecting, altering, or diminishing the author- ity of the Secretary of Commerce to establish such con- servation and management measures as the Secretary Page 2041 TITLE 16—CONSERVATION § 1826k considers necessary and appropriate under sections 1852(a)(3) and 1854(g) of this title, see section 104 of Pub. L. 111–348, set out as a note under section 1826i of this title. § 1826k. Equivalent conservation measures (a) Identification (1) In general The Secretary shall identify and list in the report under section 1826h of this title— (A) a nation if— (i) any fishing vessel of that nation is en- gaged, or has been engaged during the 3 years preceding the date of the determina- tion, in fishing activities or practices on the high seas or within the exclusive eco- nomic zone of any nation, that have re- sulted in bycatch of a protected living ma- rine resource; and (ii) the vessel’s flag state has not adopt- ed, implemented, and enforced a regu- latory program governing such fishing de- signed to end or reduce such bycatch that is comparable in effectiveness to the regu- latory program of the United States, tak- ing into account differing conditions; and (B) a nation if— (i) any fishing vessel of that nation is en- gaged, or has engaged during the 3 years preceding the date of the determination, in fishing activities on the high seas or with- in the exclusive economic zone of another nation that target or incidentally catch sharks; and (ii) the vessel’s flag state has not adopt- ed, implemented, and enforced a regu- latory program to provide for the con- servation 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 Sec- retary 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 Presi- dent and nations that are engaged in, or that have any fishing vessels engaged in, fishing ac- tivities or practices described in subsection (a), about the provisions of this Act; (2) initiate discussions as soon as practicable with all foreign nations that are engaged in, or a fishing vessel of which has engaged in, fish- ing activities described in subsection (a), for the purpose of entering into bilateral and mul- tilateral treaties with such nations to protect such species and to address any underlying failings or gaps that may have contributed to identification under this Act; and (3) initiate the amendment of any existing international treaty for the protection and conservation of such species to which the United States is a party in order to make such treaty consistent with the purposes and poli- cies of this section. (c) Conservation certification procedure (1) Determination The Secretary shall establish a procedure consistent with the provisions of subchapter II of chapter 5 of title 5 for determining whether the government of a harvesting nation identi- fied under subsection (a) and listed in the re- port under section 1826h of this title— (A) has provided documentary evidence of the adoption of a regulatory program gov- erning the conservation of the protected liv- ing marine resource that is comparable to that of the United States, taking into ac- count different conditions, and which, in the case of pelagic longline fishing, includes mandatory use of circle hooks, careful han- dling and release equipment, and training and observer programs; and (B) has established a management plan containing requirements that will assist in gathering species-specific data to support international stock assessments and con- servation enforcement efforts for protected living marine resources. (2) Procedural requirement The procedure established by the Secretary under paragraph (1) shall include notice and opportunity for comment by the public and any such nation. (3) Certification The Secretary shall certify to the Congress by January 31, 2007, and biennially thereafter whether each such nation has provided the documentary evidence described in paragraph (1)(A) and established a management plan de- scribed in paragraph (1)(B). (4) Alternative procedure The Secretary may establish a procedure to authorize, on a shipment-by-shipment, ship- per-by-shipper, or other basis the importation of fish or fish products from a vessel of a na- tion issued a negative certification under paragraph (1) if the Secretary determines that such imports were harvested by practices that do not result in bycatch of a protected marine species, or were harvested by practices that— (A) are comparable to those of the United States, taking into account different condi- tions; and (B) include the gathering of species spe- cific data that can be used to support inter- national and regional stock assessments and conservation efforts for protected living ma- rine resources. (5) Effect of certification The provisions of section 1826a(a) and sec- tion 1826a(b)(3) and (4) of this title shall apply to any nation identified under subsection (a) for which the Secretary has issued a negative certification under this subsection, but shall not apply to any nation identified under sub- section (a) for which the Secretary has issued a positive certification under this subsection. (d) International cooperation and assistance To the greatest extent possible consistent with existing authority and the availability of funds, the Secretary shall—