§ 1826j.
(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, 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 et seq.).
(3)
Application to other entities
(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 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 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 biennially 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 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
(B)
Effect of positive certification
(e)
Illegal, unreported, or unregulated fishing defined
(2)
Secretary to define term within legislative guidelines
(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.
([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].)