any activity involving the harvesting of highly migratory species (as defined in paragraph (14) of section 3
2
See References in Text note below.
of the Magnuson-Stevens Fishery Conservation and Management Act [
16 U.S.C. 1802(14)]) taken on the high seas (as defined in paragraph (13) of such section 3) if such species are taken in violation of the laws of a foreign nation and the United States does not recognize the jurisdiction of the foreign nation over such species.