[House Report 117-674]
[From the U.S. Government Publishing Office]
117th Congress } { Rept. 117-674
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
ILLEGAL FISHING AND FORCED LABOR PREVENTION ACT
_______
December 30, 2022.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Grijalva, from the Committee on Natural Resources, submitted the
following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 3075]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 3075) to address seafood slavery and combat
illegal, unreported, or unregulated fishing, and for other
purposes, having considered the same, reports favorably thereon
with an amendment and recommends that the bill as amended do
pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Illegal Fishing and Forced Labor
Prevention Act''.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Oppressive child labor.--The term ``oppressive child
labor'' has the meaning given such term in section 3 of the
Fair Labor Standards Act of 1938 (29 U.S.C. 203).
(2) Forced labor.--The term ``forced labor'' means any labor
or service provided for or obtained by any means described in
section 1589(a) of title 18, United States Code.
(3) Human trafficking.--The term ``human trafficking'' has
the meaning given the term ``severe forms of trafficking in
persons'' in section 103 of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7102).
(4) Illegal, unreported, or unregulated fishing.--The term
``illegal, unreported, or unregulated fishing'' has the meaning
given such term in section 609 of the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C. 1826j(e)), as
amended by this Act.
(5) Seafood.--The term ``seafood'' means fish meal, and all
marine animal and plant life meant for consumption as food
other than marine mammals and birds, including fish, shellfish,
shellfish products, and processed fish.
(6) Seafood fraud.--The term ``seafood fraud'' means the
mislabeling or misrepresentation of the information required
under this Act or other any other Federal law or international
agreement (other than this Act) pertaining to the import,
export, transport, sale, harvest, processing, or trade of
seafood, including--
(A) the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.);
(B) the Lacey Act Amendments of 1981 (16 U.S.C. 3371
et seq.);
(C) the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.);
(D) the FDA Food Safety Modernization Act (Public Law
111-353);
(E) the Fair Packaging and Labeling Act (15 U.S.C.
1451 et seq.);
(F) subtitle D of the Agricultural Marketing Act of
1946 (7 U.S.C. 1638 et seq.);
(G) parts 60 and 65 of title 7, Code of Federal
Regulations (or any successor regulations);
(H) part 123 of title 21, Code of Federal Regulations
(or any successor regulations); and
(I) section 216.24 of title 50, Code of Federal
Regulations.
(7) Seafood import monitoring program.--The term ``Seafood
Import Monitoring Program'' means the Seafood Traceability
Program established under section 300.324 of title 50, Code of
Federal Regulations.
(8) Secretary.--The term ``Secretary'' means the Secretary of
Commerce, acting through the Administrator of the National
Oceanic and Atmospheric Administration.
TITLE I--COMBATING HUMAN TRAFFICKING THROUGH SEAFOOD IMPORT MONITORING
SEC. 101. DEFINITIONS.
In this title, the following additional definitions apply:
(1) Competent authority.--The term ``competent authority''
means government and any third party that meets certain
governing criteria. Such criteria shall be established by
regulation, after outreach to key environmental and labor
stakeholders.
(2) Unique vessel identifier.--The term ``unique vessel
identifier'' means a unique number that stays with a vessel for
the duration of the vessel's life, regardless of changes in
flag, ownership, name, or other changes to the vessel.
SEC. 102. EXPANSION OF SEAFOOD IMPORT MONITORING PROGRAM TO ALL
SPECIES.
The Secretary shall, not later than 2 years after the date of
enactment of this Act, expand the Seafood Import Monitoring Program to
apply to all seafood and seafood products imported into the United
States.
SEC. 103. ENHANCEMENT OF SEAFOOD IMPORT MONITORING PROGRAM AUTOMATED
COMMERCIAL ENVIRONMENT MESSAGE SET.
The Secretary of Commerce, acting through the Administrator of the
National Oceanic and Atmospheric Administration, in coordination with
the Commissioner of U.S. Customs and Border Protection, shall, not
later than 6 months after the date of enactment of this Act, develop a
strategy to improve the quality and verifiability of already collected
Seafood Import Monitoring Program Message Set data elements in the
Automated Commercial Environment system that prioritizes the use of
enumerated data types, such as checkboxes, dropdown menus, or radio
buttons, and any additional elements the Agency finds necessary, among
other options, rather than open text fields, for--
(1) authorization to fish;
(2) unique vessel identifier (if available);
(3) catch document identifier;
(4) location of wild-capture harvest and landing or
aquaculture location;
(5) type of fishing gear used to harvest the fish;
(6) name of farm or aquaculture facility, if applicable; and
(7) location of aquaculture facility, if applicable.
SEC. 104. ADDITIONAL DATA REQUIREMENTS FOR SEAFOOD IMPORT MONITORING
PROGRAM DATA COLLECTION.
(a) In General.--Not later than one year after date of enactment of
this Act, the Secretary shall revise section 300.324 of title 50, Code
of Federal Regulations, to--
(1) require at the time of entry for imported seafood and
seafood products--
(A) location of catch or cultivation, including--
(i) geographic location at a resolution of
not less than 1 degree latitude by 1 degree
longitude;
(ii) the country code of the International
Organization for Standardization if the catch
was within the exclusive economic zone or
territorial waters of a country;
(iii) if appropriate, the regional fisheries
management organization or organizations having
jurisdiction over the catch, if it occurs
within the jurisdiction of any regional
fisheries management organization; and
(iv) the Food and Agriculture Organization
major fishing area codes;
(B) electronic reports of chain-of-custody records
that identify, including with unique vessel identifiers
when applicable, each custodian of the seafood,
including transshippers, processors, storage
facilities, and distributors and the physical address
of such facilities;
(C) maritime mobile service identity number of
harvesting and transshipment vessels; and
(D) beneficial owner of each harvesting and
transshipment vessel or aquaculture facility, when
applicable;
(2) require all importers submitting seafood import data to
require prior notification and submission of seafood import
data at least 72 hours and no more than 15 days prior to entry;
and
(3) require verification and certification of harvest
information by competent authorities at all major transfer
points in the supply chain, including harvest, landing,
processing, and transshipment at the time of entry.
(b) Forced Labor.--The Secretary, working in direct consultation with
the Secretary of Homeland Security, Department of Labor, and Department
of State, shall, not later than one year after the date of enactment of
this Act, complete a regulatory process to establish additional key
data elements for the Seafood Import Monitoring Program, that collect
information about labor conditions in the harvest, transshipment, and
processing of imported fish and fish products.
(c) International Fisheries Trade Permit.--Not later than one year
after the date of enactment of this Act, the Secretary shall--
(1) publish and maintain on the website of the National
Marine Fisheries Service a list of all current International
Fisheries Trade Permit holders, including the name of the
permit holder and expiration date of the permit;
(2) begin to revoke, modify, or deny issuance of an
International Fisheries Trade with respect to a permit holder
or applicant that has violated any requirement of section
300.322, 300.323, 300.324, or 300.325 of title 50, Code of
Federal Regulations; and
(3) require an International Fisheries Trade Permit for
importers.
SEC. 105. EFFORTS TO IMPROVE DETECTION OF AT-RISK SEAFOOD IMPORTS.
The Secretary of Commerce, in consultation with the Secretary of
Homeland Security, Secretary of Labor, and the Secretary of State,
shall, not later than one year after the date of enactment of this Act,
finalize a detailed strategic plan to develop, mature, and adopt
artificial intelligence and machine learning technologies to detect
imports of fish and fish products at risk of being associated with
illegal, unreported, or unregulated fishing, human trafficking, forced
labor, and seafood fraud, and provide a detailed report of such
strategic plan to the Committee on Natural Resources of the House of
Representatives, and Committee on Commerce of the Senate.
SEC. 106. IMPORT AUDITS.
(a) Audit Procedures.--The Secretary shall, not later than 1 year
after the date of enactment of this Act, implement procedures to audit
information and supporting records of sufficient numbers of imports of
seafood and seafood products subject to the Seafood Import Monitoring
Program to support statistically robust conclusions that the samples
audited are representative of all seafood imports with respect to a
given year.
(b) Annual Revision.--In developing the procedures required in
subsection (a), the Secretary shall, not less frequently than once each
year, revise such procedures to prioritize for audit those imports
originating from countries--
(1) identified pursuant to sections 609(b) or 610(a) of the
High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826j(b) or 1826k(a)) that have not yet received a subsequent
positive certification pursuant to sections 609(d) or 610(c) of
such Act, respectively;
(2) identified by an appropriate regional fishery management
organization as being the flag state or landing location of
vessels identified by other countries or regional fisheries
management organizations as engaging in illegal, unreported, or
unregulated fishing;
(3) identified as having human trafficking, including forced
labor, in any part of the seafood supply chain, including on
vessels flagged in such country and including feed for cultured
production, in the most recent Trafficking in Persons Report
issued by the Department 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 seafood 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 Trafficking Victims Protection Act (22 U.S.C. 7101 et
seq.); and
(5) identified as at risk for human trafficking, including
forced labor, in their seafood catching and processing
industries by the report required in section 3563 of the
National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92).
SEC. 107. INTERAGENCY COORDINATION.
The Secretary shall coordinate with the relevant agencies to ensure
that data elements described in this title can be submitted through the
International Trade Data System Automated Commercial Environment to
U.S. Customs and Border Protection.
SEC. 108. AVAILABILITY OF FISHERIES INFORMATION.
(a) In General.--Section 402(b)(1) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1881a(b)(1)) is amended by
striking ``or'' after the semicolon at the end of subparagraph (G), by
striking the period at the end of subparagraph (H) and inserting ``;
or'' , and by adding at the end the following:
``(I) to Federal agencies responsible for screening
of imported seafood and for the purpose of carrying out
the duties under or with respect to--
``(i) the Seafood Import Monitoring Program;
``(ii) the Antarctic Marine Living Resources
Program;
``(iii) the Tuna Tracking and Verification
Program;
``(iv) the Atlantic Highly Migratory Species
International Trade Program;
``(v) the 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.);
``(vi) the Trafficking in Persons Report
required by section 110 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C.
7107);
``(vii) enforcement activities and
regulations authorized under section 307 of the
Tariff Act of 1930 (19 U.S.C. 1307); and
``(viii) the taking and related acts in
commercial fishing operations under section
216.24 of title 50, Code of Federal
Regulations;
``(J) to Federal, State and local agencies for the
purposes of verification and enforcement of title II of
this Act; or
``(K) information that pertains to catch
documentation and legality of catch, if disclosure of
that information would not materially damage the value
of catch or business.''.
(b) Implementation Deadline.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall issue regulations
implementing the amendments in this section.
SEC. 109. REPORT ON SEAFOOD IMPORT MONITORING.
(a) Report to Congress and Public Availability of Reports.--The
Secretary shall, not later than 120 days after the end of each fiscal
year and annually thereafter, submit to the Committee on Natural
Resources of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report that
summarizes the National Marine Fisheries Service's efforts to prevent
the importation of seafood harvested through illegal, unreported, or
unregulated fishing, particularly with respect to seafood harvested,
produced, processed, or manufactured by forced labor. Each such report
shall be made publicly available on the Internet website of the
National Oceanic and Atmospheric Administration.
(b) Contents.--Each report submitted under subsection (a) shall
include--
(1) the volume and value of seafood species subject to the
Seafood Import Monitoring Program, described in section 300.324
of title 50, Code of Federal Regulations, reported by 10-digit
Harmonized Tariff Schedule of the United States codes, imported
during the previous fiscal year;
(2) the enforcement activities and priorities of the National
Marine Fisheries Service with respect to implementing the
requirements under the Seafood Import Monitoring Program;
(3) the percentage of import shipments subject to this
program selected for inspection or the information or records
supporting entry selected for audit, as described in section
300.324(d) of title 50, Code of Federal Regulations;
(4) the number and types of instances of noncompliance with
the requirements of the Seafood Import Monitoring Program;
(5) the number and types of instances of violations of State
or Federal law discovered through the Seafood Import Monitoring
Program;
(6) the seafood species with respect to which violations
described in paragraphs (4) and (5) were most prevalent;
(7) the location of catch or harvest with respect to which
violations described in paragraphs (4) and (5) were most
prevalent; and
(8) such other information as the Secretary considers
appropriate with respect to monitoring and enforcing compliance
with the Seafood Import Monitoring Program.
SEC. 110. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Commissioner of U.S.
Customs and Border Protection to carry out enforcement actions pursuant
to section 307 of the Tariff Act $20,000,000 for each of fiscal years
2021 through 2025 for enforcement of section 307 of the Tariff Act of
1930 (19 U.S.C. 1307).
TITLE II--SEAFOOD TRACEABILITY AND LABELING
SEC. 201. FEDERAL ACTIVITIES ON SEAFOOD SAFETY AND FRAUD.
(a) National Sea Grant College Program.--The Administrator of the
National Oceanic and Atmospheric Administration shall ensure that
seafood inspection activities are coordinated with the National Sea
Grant College Program established by the National Sea Grant College and
Program Act of 1966 (33 U.S.C. 1121 et seq.) which may provide outreach
to the States, local health agencies, consumers, and the seafood
industry on seafood safety and seafood fraud, as needed.
(b) Inspecting To Prevent Seafood Fraud.--The Secretary of Commerce
and the Secretary of Health and Human Services, in coordination with
the Secretary of Homeland Security, shall, to the maximum extent
practicable, ensure that inspections and tests for seafood safety also
collect information for seafood fraud prevention.
SEC. 202. SEAFOOD LABELING AND IDENTIFICATION.
(a) In General.--The Secretary, in coordination with other relevant
agencies shall, not later than three years after the date of enactment
of this Act, implement the following requirements with respect to fish
and fish products imported into the United States or otherwise
distributed or offered for sale in interstate commerce:
(1) Traceability.--A requirement that the following
information shall accompany seafood through processing and
distribution:
(A) The United Nations Food and Agriculture
Organization Major Fishing Area, or a more specific
location, in which the seafood was caught or
cultivated.
(B) The acceptable market name (as determined by the
Food and Drug Administration), scientific name, and
specific Aquatic Sciences and Fisheries Information
System number of the Fisheries and Aquaculture
Statistics Information Service of the United Nations
Food and Agriculture Organization for the seafood
species.
(C) Whether the seafood was harvested wild or was
farm-raised.
(D) The method of harvest of the seafood, including
gear type as listed in section 600.725 of title 50,
Code of Federal Regulations, or successor regulation,
and defined in section 600.10 of such title, or
successor regulation.
(E) The date of the catch or harvest.
(F) The weight or number, as appropriate, of product
for an individual fish or lot.
(G) Date and name of entity (processor, dealer,
vessel) to which the seafood was landed.
(H) Name and flag state of vessel and evidence of
authorization, and if applicable, a unique vessel
identifier.
(I) Name and location of the facility from which
farm-raised seafood were harvested, the method of
cultivation, source and type of feed, and evidence of
authorization.
(J) The National Oceanic and Atmospheric
Administration Fisheries International Fisheries Trade
Permit number issued to the importer of record for the
entry, if applicable.
(2) Labeling.--The following information shall be included in
the labeling of seafood through processing, distribution, and
final sale:
(A) The information required in subparagraphs (A),
(B), (C), and (D) of paragraph (1).
(B) Whether the seafood has been previously frozen or
treated with any substance other than ice or water.
(C) Whether the seafood was farm-raised along with
information regarding the country of cultivation, the
location of the aquaculture production area, and the
method of cultivation.
(b) Production Codes.--The Secretary shall allow compliance with
subsection (a) through the use of production codes, quick response
codes, or other types of commonly used processing codes and electronic
bar coding methods.
(c) Safe Harbor.--No importer, processor, distributor, or retailer
may be found to be in violation of the requirements of this section for
unknowingly selling a product that was already mislabeled upon receipt,
provided that the importer, processor, distributor, or retailer can
provide the required product traceability documentation.
SEC. 203. FEDERAL ENFORCEMENT.
(a) Enforcement by Secretary.--The Secretary of Commerce shall
prevent any person from violating this Act in the same manner, by the
same means, and with the same jurisdiction, powers, and duties as
though section 307 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1857) was incorporated into and made a part
of and applicable to this Act.
(b) List of Offenders.--The Secretary of Commerce, in consultation
with the Secretary of Health and Human Services, shall develop,
maintain, and post on the public website of the Department of Commerce
a list that--
(1) includes, by country, each exporter whose seafood is
imported or offered for import into the United States; and
(2) for each such exporter, tracks the timing, type, and
frequency of violations of Federal law relating to seafood
fraud and illegal, unreported, or unregulated fishing.
(c) Inspections.--The Secretary of Commerce, in consultation with the
Secretary of Health and Human Services, shall--
(1) increase, as resources allow, the number of foreign and
domestic seafood shipments that are audited or inspected for
seafood fraud and illegal, unreported, or unregulated fishing
by National Oceanic and Atmospheric Administration auditors and
authorized officers, including verification of compliance with
the traceability requirements of section 104(a);
(2) conduct audits and inspections, as resources allow, at a
sufficient level to promote compliance and deterrence; and
(3) to the maximum extent practicable, ensure that
inspections and tests for seafood fraud prevention also collect
information to support the Secretary of Health and Human
Services in implementing the seafood safety requirements of the
FDA Food Safety Modernization Act (Public Law 111-353).
(d) Interagency Agreement.--
(1) Memorandum of understanding required.--Not later than one
year after the date of enactment of this Act, the Secretary of
Commerce, the Secretary of Homeland Security, the Secretary of
Labor, and the Secretary of Health and Human Services shall
jointly execute a memorandum of understanding to codify and
improve interagency cooperation on seafood safety, preventing
illegal, unreported, or unregulated fishing and human
trafficking, including forced labor, and seafood fraud
prevention, enforcement, and inspections.
(2) Requirements.--The memorandum of understanding required
by paragraph (1) shall include provisions, performance metrics,
and timelines as the Secretaries consider appropriate to
improve such cooperation described in such paragraph (acting
under provisions of law other than this subsection)--
(A) to identify and execute specific procedures for
using authorities granted under the FDA Food Safety
Modernization Act (Public Law 111-353) to ensure and
improve the safety of commercially marketed seafood in
the United States;
(B) to identify and execute specific procedures for
interagency cooperation on--
(i) interagency resource and information
sharing;
(ii) use and development of forensic tools
including means to fill existing gaps in
capabilities and eliminate duplication; and
(iii) development of specific forensic
analysis information required by each agency to
promote effective enforcement actions;
(C) to maximize the effectiveness of limited
personnel and resources by ensuring that--
(i) inspections of seafood shipments and
seafood processing and production facilities by
the National Oceanic and Atmospheric
Administration and the Food and Drug
Administration are not duplicative; and
(ii) information resulting from examinations,
testing, and inspections conducted by the
Department of Commerce with respect to seafood
is considered in making risk-based
determinations, including the establishment of
inspection priorities for domestic and foreign
facilities and the examination and testing of
domestic and imported seafood;
(D) to create a process--
(i) by which data collected by all seafood
inspectors and officers of the National Oceanic
and Atmospheric Administration and U.S. Customs
and Border Protection authorized to conduct
inspections of seafood shipments or facilities
that process or sell seafood, or authorized
officers that conduct analysis of seafood
import information, will be used for risk-based
screening of seafood shipments, including food
safety, adulteration and misbranding, by the
Food and Drug Administration beginning not
later than one year after the date of enactment
of this Act; and
(ii) by which data collected by the National
Oceanic and Atmospheric Administration, U.S.
Customs and Border Protection, the Department
of Labor, the Department of State, and the Food
and Drug Administration is shared to maximize
efficiency and enforcement of seafood safety,
fraud prevention, and prohibitions on illegal,
unreported, or unregulated fishing;
(E) to create a process by which--
(i) data collected by inspectors and officers
of other Federal, State, or local agencies
authorized to conduct inspections of seafood,
or inspections of facilities that process or
sell seafood, or data from import analysts,
will be used by the Food and Drug
Administration for risk-based screening of
seafood shipments; and
(ii) data collected by such inspectors and
officials is shared with the National Oceanic
and Atmospheric Administration, U.S. Customs
and Border Protection, Department of Labor, and
the Food and Drug Administration to maximize
efficiency and enforcement of seafood safety
and fraud prevention; and
(F) to ensure that officers and employees of the
National Oceanic and Atmospheric Administration are
utilized by the Secretary of Health and Human Services
as third-party auditors pursuant to section 808 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 384d)
to carry out seafood examinations and investigations
under chapter VIII of such Act.
SEC. 204. STATE ENFORCEMENT.
(a) In General.--Whenever the attorney general of a State, or an
official or agency designated by a State, has reason to believe that
any person has engaged or is engaging in a pattern or practice of
seafood fraud in violation of section 203, the State may bring a civil
action on behalf of its residents to enjoin fraud, an action to recover
for actual monetary loss or receive $10,000 in damages for each
violation, or both such actions.
(b) Willful or Knowing Violations.--If the court finds the defendant
willfully or knowingly violated this Act, the court may increase the
amount of the award to an amount equal to not more than 3 times the
amount available under subsection (a).
SEC. 205. EFFECT ON STATE LAW.
Nothing in this title shall preempt the authority of a State to
establish and enforce anti-trafficking laws or requirements for
improving seafood safety and preventing seafood fraud that are
consistent with the requirements of this Act.
TITLE III--STRENGTHENING INTERNATIONAL FISHERIES MANAGEMENT TO COMBAT
HUMAN TRAFFICKING
SEC. 301. DENIAL OF PORT PRIVILEGES.
Section 101(a)(2) of the High Seas Driftnet Fisheries Enforcement Act
(16 U.S.C. 1826a(a)(2)) is amended to read as follows:
``(2) Denial of port privileges.--The Secretary of Homeland
Security shall, in accordance with international law--
``(A) withhold or revoke the clearance required by
section 60105 of title 46, United States Code, for any
large-scale driftnet fishing vessels of a nation that
receives a negative certification under sections 609(d)
or 610(c) of the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826j(d) or 1826k(c)), or
fishing vessels of a nation that has been listed
pursuant to sections 609(b) or 610(a) of such Act (16
U.S.C. 1826j(b) or 1826k(a)) in two or more consecutive
reports as described under section 607 of such Act (16
U.S.C. 1826h), until a positive certification has been
received;
``(B) withhold or revoke the clearance required by
section 60105 of title 46, United States Code, for
fishing vessels of a nation that has been listed
pursuant to sections 609(b) or 610(a) of such Act (16
U.S.C. 1826j(b) or 1826k(a)) in two or more consecutive
reports as described under section 607 of such Act (16
U.S.C. 1826h); and
``(C) deny entry of that vessel to any place in the
United States and to the navigable waters of the United
States, except for the purposes of inspecting such
vessel, conducting an investigation, or taking other
appropriate enforcement action.''.
SEC. 302. IDENTIFICATION AND CERTIFICATION CRITERIA.
(a) Denial of Port Privileges.--Strike subsections (a) and (b) of
section 609 of the High Seas Driftnet Fishing Moratorium Protection Act
(16 U.S.C. 1826j(a) and (b)), and insert the following:
``(a) Cooperation With Governments.--
``(1) Information collection.--The Secretary, in consultation
with the Secretary of State, shall engage with each flag,
coastal, port, and market nation that exports seafood to the
United States to collect information sufficient to evaluate the
effectiveness of such nation's management of fisheries and
control systems to prevent illegal, unreported, or unregulated
fishing.
``(2) Recommendations.--The Secretary, in consultation with
the Secretary of State, shall provide recommendations to such
nations to resolve compliance gaps and improve fisheries
management and control systems in order to assist such nations
in preventing illegal, unreported, or unregulated fishing.
``(b) Identification and Warning.--
``(1) For actions of a fishing vessel.--The Secretary shall
identify and list in the report required by section 607 a
nation if a fishing vessel of such nation is engaged or has, in
the preceding 3 years, engaged in illegal, unreported, or
unregulated fishing. The Secretary shall include all nations
that qualify for identification, regardless of whether the
Secretary has engaged in the process described in this
subsection or under subsection (a). Any of the following
relevant information is sufficient to form the basis of an
identification:
``(A) compliance reports;
``(B) data or information from international fishery
management organizations, a foreign government, or an
organization or stakeholder group;
``(C) information submitted by the public;
``(D) information submitted to the Secretary under
section 402(a) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1881a(a));
``(E) import data collected by the Secretary pursuant
to part 300.324 of title 50, Code of Federal
Regulations; and
``(F) information compiled from a Federal agency,
including, the Coast Guard and agencies within the
Interagency Working Group on Illegal, Unreported, and
Unregulated Fishing.
``(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, including the
following:
``(A) Any nation that is failing, or has failed in
the preceding 3-year period, to cooperate with the
United States government in providing information about
their fisheries management and control systems
described in subsection (a) of this section.
``(B) Any nation that is violating, or has violated
at any point during the preceding 3 years, conservation
and management measures, including catch and other data
reporting obligations and requirements, required under
an international fishery management agreement.
``(C) Any nation that is failing, or has failed in
the preceding 3-year period, to effectively address or
regulate illegal, unreported, or unregulated fishing
within its fleets in any areas where its vessels are
fishing.
``(D) 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.
``(E) Any nation that provides subsidies that--
``(i) contribute to illegal, unreported, or
unregulated fishing or increased capacity and
overfishing at proportionally higher rates than
subsidies that promote fishery resource
conservation and management; or
``(ii) that otherwise undermine the
effectiveness of any international fishery
conservation program.
``(F) Any nation that has been identified as having
human trafficking, including forced labor, in any part
of the seafood supply chain in the most recent
Trafficking in Persons Report issued by the Department
of State in accordance with the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7101 et seq.).
``(G) Any nation that has been identified as
producing seafood-related goods through forced labor or
oppressive child labor 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.).
``(H) Any nation that has been identified as at risk
for human trafficking, including forced labor, in their
seafood catching and processing industries in the
report required in section 3563 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-
92).
``(3) Warning.--The Secretary shall issue a warning to each
nation identified under this subsection.
``(4) Timing.--The Secretary shall make an identification
under paragraphs (1) or (2) at any time that the Secretary has
sufficient information to make such identification.''.
(b) Illegal, Unreported, or Unregulated Certification
Determination.--Section 609(d) of the High Seas Driftnet Fishing
Moratorium Protection Act (16 U.S.C. 1826j(d)) is amended to read as
follows:
``(d) IUU Certification Procedure.--
``(1) Certification determination.--
``(A) In general.--The Secretary shall establish a
procedure for certifying whether a nation identified
under subsection (b) has taken appropriate corrective
action with respect to the offending activities
identified under section (b) that has led to measurable
improvements in the reduction of illegal, unreported,
or unregulated fishing and any underlying regulatory,
policy, or practice failings or gaps that may have
contributed to such identification.
``(B) Opportunity for comment.--The Secretary shall
ensure that the procedure established under
subparagraph (A) provides for notice and an opportunity
for comment by the identified nation.
``(C) Determination.--The Secretary shall, consistent
with such procedure, determine and certify to the
Congress not later than 90 days after the date on which
the Secretary issues a final rule containing the
procedure, and biennially thereafter--
``(i) whether the government of each nation
identified under subsection (b) has provided
documentary evidence that such nation has taken
corrective action with respect to such
identification; or
``(ii) whether the relevant international
fishery management organization has taken
corrective action that has ended 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 fishery within a nation issued a negative
certification under paragraph (1) if the Secretary--
``(A) determines the fishery has not engaged in
illegal, unreported, or unregulated fishing under an
international fishery management agreement to which the
United States is a party;
``(B) determines the fishery is not identified by an
international fishery management organization as
participating in illegal, unreported, or unregulated
fishing activities; and
``(C) ensures that any such seafood or seafood
products authorized for entry under this section are
imported consistent with the reporting and the
recordkeeping requirements of Seafood Import Monitoring
Program described in part 300.324(b) of title 50, Code
of Federal Regulations (or any successor regulation).
``(3) Effect of certification determination.--
``(A) Effect of negative certification.--The
provisions of subsections (a) and (b)(3) and (4) of
section 101 of the High Seas Driftnet Fisheries
Enforcement Act (16 U.S.C. 1826a(a) and (b)(3) and (4))
shall apply to any nation that, after being identified
and warned 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 subsections (a) and (b)(3) and (4) of
section 101 of the High Seas Driftnet Fisheries
Enforcement Act (16 U.S.C. 1826a(a) and (b)(3) and (4))
shall not apply to any nation identified under
subsection (a) for which the Secretary has issued a
positive certification under this subsection.''.
SEC. 303. ILLEGAL, UNREPORTED, OR UNREGULATED FISHING DEFINED.
(a) Definition of Illegal, Unreported, or Unregulated Fishing in the
High Seas Driftnet Fishing Moratorium Protection Act.--Section 609(e)
of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826j(e)) is amended to read as follows:
``(e) Illegal, Unreported, or Unregulated Fishing Defined.--In this
title, the term `illegal, unreported, or unregulated fishing' means any
activity set out in paragraph 3 of the 2001 Food and Agriculture
Organization International Plan of Action to Prevent, Deter and
Eliminate Illegal, Unreported, and Unregulated Fishing.''.
(b) Definition of Illegal, Unreported, or Unregulated Fishing in the
Magnuson-Stevens Fishery Conservation and Management Act.--Section 3 of
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1802) is amended by adding at the end the following:
``(51) The term `illegal, unreported, or unregulated fishing'
means any activity set out in paragraph 3 of the 2001 Food and
Agriculture Organization International Plan of Action to
Prevent, Deter and Eliminate Illegal, Unreported, and
Unregulated Fishing.''.
(c) Rule of Construction.--In construing the term ``illegal,
unreported, or unregulated fishing'' for purposes of the High Seas
Driftnet Fishing Moratorium Protection Act and the Magnuson-Stevens
Fishery Conservation and Management Act, the Secretary shall follow
internationally recognized labor rights stated in the International
Labour Organization Declaration on Fundamental Principles and Rights at
Work and its Follow-Up (1998), including--
(1) freedom of association and the effective recognition of
the right to collective bargaining;
(2) the elimination of all forms of forced or compulsory
labor;
(3) the effective abolition of oppressive child labor, a
prohibition on the worst forms of child labor, and other labor
protections for children and minors;
(4) the elimination of discrimination in respect of
employment and occupation; and
(5) acceptable conditions of work with respect to minimum
wages, hours of work, and occupational safety and health.
SEC. 304. EQUIVALENT CONSERVATION MEASURES.
(a) Identification.--Section 610(a) of the High Seas Driftnet Fishing
Moratorium Protection Act (16 U.S.C. 1826k(a)) is amended to read as
follows:
``(a) Identification.--
``(1) In general.--The Secretary shall identify and list in
the report under section 607--
``(A) a nation if--
``(i) any fishing vessel of that country is
engaged, or has been engaged during the
preceding 3 years in fishing activities or
practices on the high sees or within the
exclusive economic zone of another country,
that have resulted in bycatch of a protected
living marine resource; and
``(ii) the vessel's flag state has not
adopted, implemented, and enforced a regulatory
program governing such fishing designed to end
or reduce such bycatch that is comparable to
the regulatory program of the United States;
and
``(B) a nation if--
``(i) any fishing vessel of that country is
engaged, or has engaged during the preceding 3
years, in fishing activities on the high sees
or within the exclusive economic zone of
another country that target or incidentally
catch sharks; and
``(ii) the vessel's flag state has not
adopted, implemented, and enforced a regulatory
program to provide for the conservation 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 Secretary has
sufficient information to make such identification.''.
(b) Consultation and Negotiation.--Section 610(b) of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(b)) is
amended to read as follows:
``(b) Consultation and Negotiation.--The Secretary of State, acting
in conjunction with the Secretary, shall--
``(1) notify, as soon as possible, the President, nations
that have been identified under subsection (a), and other
nations whose vessels engage in fishing activities or practices
described in subsection (a), about the provisions of this Act;
``(2) initiate discussions as soon as possible with all
foreign countries which are engaged in, or a fishing vessel of
which has engaged in, fishing activities described in
subsection (a), for the purpose of entering into bilateral and
multilateral treaties with such countries to protect such
species and to address any underlying failings or gaps that may
have contributed to identification under this Act;
``(3) seek agreements calling for international restrictions
on fishing activities or practices described in subsection (a)
through the United Nations, the Food and Agriculture
Organization's Committee on Fisheries, and appropriate
international fishery management bodies; and
``(4) 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 policies of this section.''.
(c) Conservation Certification Procedure.--Section 610(c) of the High
Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(c)) is
amended--
(1) in subparagraph (A) of paragraph (1), by striking ``,
taking into account different conditions,'';
(2) in paragraph (2), by inserting ``the public and'' after
``comment by'';
(3) in paragraph (4)--
(A) in subparagraph (A), by striking ``, taking into
account different conditions'';
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) ensures that any such fish or fish products
authorized for entry under this section are imported
consistent with the reporting and the recordkeeping
requirements of the Seafood Import Monitoring Program
established by part 300.324(b) of title 50, Code of
Federal Regulations (or any successor regulations).'';
and
(4) in paragraph (5), by striking ``(except to the extent
that such provisions apply to sport fishing equipment or fish
or fish products not caught by the vessels engaged in illegal,
unreported, or unregulated fishing)''.
SEC. 305. REGULATIONS.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall promulgate regulations implementing this title.
TITLE IV--MARITIME SAFE AMENDMENTS
SEC. 401. ILLEGAL, UNREPORTED, OR UNREGULATED FISHING WORKING GROUP
RESPONSIBILITIES.
Section 3551(c) of the Maritime SAFE Act (Public Law 116-92) is
amended--
(1) in paragraph (12), by striking ``and'' at the end;
(2) in paragraph (13), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end:
``(14) developing a strategy for leveraging enforcement
capacity against illegal, unreported, or unregulated fishing
and increasing enforcement and other actions across relevant
import control and assessment programs including--
``(A) the Seafood Import Monitoring Program described
in part 300.324(b) of title 50, Code of Federal
Regulations (or any successor regulation);
``(B) the List of Goods Produced by Child Labor or
Forced Labor produced pursuant to section 105 of the
Trafficking Victims Protection Reauthorization Act of
2005 (22 U.S.C. 7112);
``(C) the List of Nations with vessels engaged in
illegal, unreported, or unregulated fishing pursuant to
section 607 of the High Seas Driftnet Fishing
Moratorium Protection Act (16 U.S.C. 1826h);
``(D) the Trafficking in Persons Report required by
section 110 of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7107);
``(E) U.S. Customs and Border Protection's Forced
Labor Division and enforcement activities and
regulations authorized under Section 307 of the Tariff
Act of 1930 (19 U.S.C. 1307); and
``(F) other relevant programs of Working Group member
agencies; and
``(15) assessing areas for increased information sharing and
collaboration among Federal Working Group member agencies and
State-based enforcement, wildlife, and fisheries management
agencies to identify, interdict, investigate, and prosecute
illegal, unreported, or unregulated fishing and fraudulent
seafood imports into the United States that were a product of
such fishing, including through implementation of the Seafood
Import Monitoring Program. The Federal Working Group shall
emphasize developing, updating, and employing risk screens to
analyze harvest, traceability, and verification and
certification information in real time as a key pathway to
trigger product audits and enforcement actions.''.
SEC. 402. STRATEGIC PLAN.
Section 3552 of the Maritime SAFE Act (Public Law 116-92) is amended
by adding at the end:
``(c) Strategies To Optimize Data Collection, Sharing, and
Analysis.--
``(1) In general.--The strategic plan submitted under
subsection (a) shall identify information and resources to
prevent illegal, unreported, or unregulated fishing or
fraudulently labeled or otherwise misrepresented seafood from
entering United States commerce. The report shall include a
timeline for implementation of recommendations with respect to
each of the following:
``(A) Identification of relevant data streams
collected by Working Group members.
``(B) Identification of legal, jurisdictional, or
other barriers to the sharing of such data.
``(C) Strategies for integrating data streams through
the International Trade Data System Automated
Commercial Environment or other relevant digital
platforms.
``(D) Recommendations for enhancing the automated
risk targeting and effectiveness of risk analysis and
detection of illegal, unauthorized, or unreported
fishing and fraudulent seafood through the Seafood
Import Monitoring Program.
``(E) Recommendations for improving the utility and
effectiveness of the Commercial Targeting and Analysis
Center in detecting illegal, unauthorized, or
unreported fishing and fraudulent products through
adoption of these strategies or other enhancements.
``(F) Recommendations for joint enforcement
protocols, collaboration, and information sharing
between Federal agencies and States.
``(G) Recommendations for sharing and developing
forensic resources between Federal agencies and States.
``(H) Recommendations for enhancing capacity for U.S.
Customs and Border Protection and National Oceanic and
Atmospheric Administration to conduct field
investigations and to coordinate enforcement efforts
with State enforcement officials.
``(I) An implementation strategy, with milestones and
deadlines and specific budgetary requirements, for
implementing recommendations described in the report.
``(2) Progress report.--Not later than 2 years after
submission of the 5-year integrated strategic plan, the Working
Group shall submit a report to the Committee on Commerce,
Science, and Transportation of the Senate, the Committee on
Foreign Relations of the Senate, the Committee on
Appropriations of the Senate, the Committee on Transportation
and Infrastructure of the House of Representatives, the
Committee on Natural Resources of the House of Representatives,
the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Appropriations of the
House of Representatives on progress in implementing the
recommendations described in this subsection.''.
SEC. 403. AUTHORITY TO HOLD FISH PRODUCTS.
Section 311(b)(1) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1861(b)) is amended--
(1) in subparagraph (B), striking ``; and'' and inserting a
semicolon;
(2) in subparagraph (C), striking the period and inserting
``; and''; and
(3) by adding at the end the following a new subparagraph:
``(D) detain, for a period of up to 14 days, any shipment of
fish or fish product imported into, landed on, introduced into,
exported from, or transported within the jurisdiction of the
United States, or, if such fish or fish product is deemed to be
perishable, sell and retain the proceeds therefrom for a period
of up to 21 days.''.
TITLE V--MARITIME AWARENESS
SEC. 501. AUTOMATIC IDENTIFICATION SYSTEM REQUIREMENTS.
(a) Requirement for Fishing Vessels To Have Automatic Identification
Systems.--Section 70114(a)(1) of title 46, United States Code, is
amended--
(1) by striking ``, while operating on the navigable waters
of the United States,''
(2) by redesignating subparagraphs (A) through (D) as clauses
(i) through (iv);
(3) by inserting before clauses (i) through (iv), as
redesignated by paragraph (2), the following:
``(A) While operating on the navigable waters of the United
States:''; and
(4) by adding at the end the following:
``(B) A vessel of the United States that is more than 65 feet
overall in length, while engaged in fishing, fish processing,
or fish tendering operations on the navigable waters of the
United States or in the United States exclusive economic
zone.''.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Commerce for fiscal year 2022,
$5,000,000, to remain available until expended, to purchase automatic
identification systems for fishing vessels, fish processing vessels,
fish tender vessels more than 50 feet in length, as described under
this title and the amendments made by this title.
Purpose of the Bill
The purpose of H.R. 3075 is to address seafood slavery and
combat illegal, unreported, or unregulated fishing.
Background and Need for Legislation
Illegal, unreported, and unregulated fishing (IUU fishing)
is a severe conservation and natural resources management
problem. It is also closely linked to transnational organized
crime involving financial crimes, fraud and mislabeling, human
trafficking, and forced labor. IUU fishing also devastates fish
populations and productive marine habitats, threatening food
security and economic stability worldwide.\1\ However, the
Federal government has numerous tools on hand that, if
coordinated, can better track seafood imports and impose more
meaningful penalties on nations or individuals engaged in
illegal fishing, associated forced labor and human trafficking,
and related financial crimes.
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\1\https://www.fisheries.noaa.gov/feature-story/noaa-issues-2021-
report-global-iuu-fishing-and-bycatch-protected-marine-life-resources.
---------------------------------------------------------------------------
Labor violations include abuses at sea and within
processing facilities, such as forced labor, child labor, human
trafficking, withholding of pay, physical abuse, debt bondage,
etc. In some cases, vulnerable people are smuggled out of their
home countries to be enslaved on fishing vessels, coerced into
taking illegal narcotics as stimulants and forced to fish
around the clock out of fear for their lives. These egregious
violations of fundamental human rights and bedrock
international labor laws undermine sustainable management of
resources and create unfair market prices for law-abiding U.S.
fishers.\2\
---------------------------------------------------------------------------
\2\https://www.fisheries.noaa.gov/feature-story/noaa-issues-2021-
report-global-iuu-fishing-and-bycatch-protected-marine-life-resources.
---------------------------------------------------------------------------
Up to one-third of the annual global seafood catch, as much
as 56 billion pounds, is a product of IUU fishing. The United
States is the largest seafood importer in the world. Despite
efforts to deny illegally and unethically harvested seafood
access to U.S. markets, a U.S. International Trade Commission
report found nearly 11% of total U.S. seafood imports in 2019,
worth $2.4 billion, were illegal or unreported fishing
products. According to the report, if the United States
prevented IUU imports, U.S. fishers could increase their income
by an estimated $60.8 million.\3\
---------------------------------------------------------------------------
\3\https://usitc.gov/press_room/news_release/2021/
er0318ll1740.htm#::text=The%20USITC%20
findings%20include%3A,(%E2%80%9Cmarine%20capture%E2%80%9D).
---------------------------------------------------------------------------
For the first time, the National Oceanic and Atmospheric
Administration's (NOAA) 2019 IUU report included forced labor
and human trafficking in the fishing sector. The report
recognized that these activities are known to occur in
conjunction with IUU fishing activities and warrant attention
but stated that these issues were beyond the report's scope. In
2021, NOAA issued a follow-on report entitled ``Improving
International Fisheries Management.'' The report identified 31
nations and entities with vessels engaged in IUU fishing
activities or bycatch of protected species on the high seas.\4\
The report also negatively certified Mexico for continued IUU
fishing activities, subjecting Mexican fishing vessels to
restrictions on U.S. port access and potential import
restrictions on fish and fish products.\5\
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\4\https://www.fisheries.noaa.gov/feature-story/noaa-issues-2021-
report-global-iuu-fishing-and-by catch-protected-marine-life-resources.
\5\Ibid.
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The Seafood Import Monitoring Program (SIMP), instituted in
2016 to increase transparency in imported seafood supply chains
and prevent the import of IUU-backed seafood, applies to 13
species and species groups.\6\ SIMP requires importers of the
selected species to report detailed supply chain information,
including the name of the fishing vessels, dates of the first
landing, transshipment, or delivery, as well as names of
entities (processor, dealer, vessel) that landed the product or
the recipient of the delivered product.\7\
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\6\Complete text of the final rule is available at: https://
www.federalregister.gov/documents/2016/12/09/2016-29324/magnuson-
stevens-fishery-conservation-and-management-act-seafood-imp ort-
monitoring-program. Shrimp and abalone were subject to the requirements
of SIMP effective May 24, 2018 (83 FR 17762).
\7\50 C.F.R. Sec. 300.324(b).
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H.R. 3075 expands SIMP to cover all imported seafood
species. It adds new import data requirements, including a more
accurate location of catch, the chain of custody records, the
vessel beneficial owner, and verification that forced labor was
not used at any point in the product's supply chain. H.R. 3075
directs NOAA to improve the quality and verifiability of
specific data elements and that import data be submitted at
least 72 hours before entry into the U.S. The expansion of SIMP
increases necessary interagency coordination and data sharing.
H.R. 3075 provides access to fisheries data by federal
agencies responsible for screening imported seafood, verifying
and enforcing traceability, and verifying catch documentation
and legality. The bill still preserves the confidentiality of
personally identifiable information. However, information
relating to quantities of fish harvested, type of gear used,
and catch location should be publicly available to ensure
objective, science-based research and management and ensure
consumers are fully informed when purchasing seafood.
Seafood fraud, which can stem from IUU practices, is a
significant worldwide problem.\8\ Fraud can include
intentionally serving lower-valued species for more expensive
ones, mislabeling illegally caught species, mislabeling country
of origin to avoid regulations and fees, and short-weighting
seafood to increase profits. In the United States, an estimated
15 to 20 percent of seafood is mislabeled.\9\\10\
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\8\https://www.fishwatch.gov/eating-seafood/fraud.
\9\Oceana. 2019. Casting a Wider Net: More Action Needed to Stop
Seafood Fraud in the United States.
\10\U.S. Food and Drug Administration. 2013. Summary of FDA's
sampling efforts for seafood species labeling in FY12-13.
---------------------------------------------------------------------------
H.R. 3075 directs NOAA to use the National Sea Grant
College Program to provide outreach to states, local health
agencies, consumers, and the seafood industry on seafood safety
and fraud. It also establishes seafood traceability
requirements so that information accompanies seafood through
processing and distribution, including whether the fish was
wild or farm-raised, the date and location of catch, the method
of harvest and type of fishing gear used, and evidence of the
authorization to fish. This strengthens federal enforcement of
seafood inspections and reduces fraud by establishing full-
chain traceability of seafood from the point of harvest to the
point of the final sale.
H.R. 3075 strengthens international fisheries management by
expanding U.S. authority to revoke port privileges for fishing
vessels associated with IUU fishing. It also expands IUU
identification criteria to include data from non-governmental
stakeholder groups, the public, and the SIMP. H.R. 3075 also
changes IUU determination criteria to include human
trafficking, forced labor, and other labor rights violations.
It requires NOAA to use the IUU fishing definition adopted by
the Food and Agriculture Organization.
H.R. 3075 amends the Maritime SAFE Act, which passed as
part of the National Defense Authorization Act for Fiscal Year
2020, to direct the IUU Interagency Working Group to develop a
strategy for leveraging IUU enforcement across import control
and assessment programs, including SIMP, the List of Goods
Produced by Child Labor or Forced Labor, and the Trafficking in
Persons Report. It also directs the Interagency Working Group
to increase information sharing and collaboration between
Working Group members and state-based agencies to investigate
and prosecute IUU and seafood fraud.
H.R. 3075 authorizes $5 million for the Secretary of
Commerce to fund new Automatic Identification Systems (AIS) on
vessels relevant to the seafood industry. It expands AIS use to
more geographic regions and smaller U.S. vessels. Automatic
Identification Systems (AIS) is the best available tool to
track spatiotemporal fishing efforts in the U.S. Exclusive
Economic Zone and high seas to manage shared use of the ocean,
improve fisheries management, and deter and prevent IUU fishing
and associated human trafficking, forced labor, and child
labor. It amends statutory requirements for equipment and
operation of AIS to require that AIS be used in the U.S.
exclusive economic zone (200 nautical miles from shore) and on
the high seas (waters beyond the exclusive economic zone)
rather than only in navigable waters (defined by Coast Guard
regulations as internal waters and the territorial sea or 12
nautical miles from shore). H.R. 3075 also requires using AIS
in fishing vessels, fish processing vessels, and fish tender
vessels greater than 65 feet in length. It maintains existing
Coast Guard policies on the availability of AIS data.
Many of the provisions of H.R. 3075 were included in H.R.
7776, the National Defense Authorization Act for Fiscal Year
2023\11\ and were signed into public law on December 23, 2022.
---------------------------------------------------------------------------
\11\Title CXIII, subtitle E.
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Committee Action
H.R. 3075 was introduced on May 11, 2021, by Representative
Jared Huffman (D-CA). The bill was referred to the Committee on
Natural Resources, and in addition to the Committees on Ways
and Means, Transportation and Infrastructure, Agriculture, and
Energy and Commerce. Within the Committee on Natural Resources,
the bill was referred to the Subcommittee on Water, Oceans, and
Wildlife. On July 29, 2021, the Subcommittee held a hearing on
the bill. On October 13, 2021, the Natural Resources Committee
met to consider the bill. The Subcommittee was discharged by
unanimous consent. Rep. Huffman offered a manager's amendment
with Rep. Graves designated Huffman-Graves #036. The amendment
was agreed to by voice vote. The bill, as amended, was adopted
and ordered favorably reported to the House of Representatives
by voice vote.
Hearings
For the purposes of clause 3(c)(6) of House rule XIII, the
following hearing was used to develop or consider this measure:
hearing by the Subcommittee on Water, Oceans, and Wildlife held
on July 29, 2021.
Section-by-Section Analysis
Sec. 1. Short title
Sec. 2. Definitions
Title I: Combating Human Trafficking through Seafood
Import Monitoring
Section 101. Definitions.
Section 102. Expansion of Seafood Import Monitoring Program
to all species. Directs the Secretary of Commerce to expand the
Seafood Import Monitoring Program to apply to all fish and fish
products within two years.
Section 103. Automated Commercial Environment. Directs the
Secretary to develop a strategy to improve the quality and
verifiability of data entry fields for some aspects of the
Automated Commercial Environment system through which importers
submit data used by the Seafood Import Monitoring Program.
Sense of Congress--It is the sense of Congress that
specific data fields within the Automated Commercial
Environment through which seafood import shipment data is
submitted are unreasonably open-ended and therefore more prone
to inadequate reporting, hampering the ability of the National
Oceanic and Atmospheric Administration to identify at-risk
shipments.
Section 104. Additional data requirements for Seafood
Import Monitoring Program data collection. Adds new import data
requirements, including more accurate location of catch, chain
of custody records, and the vessel beneficial owner, as well as
requires that import data be submitted at least 72 hours before
entry into the U.S. Directs a regulatory process to establish
additional key data elements for SIMP that collect information
about labor conditions for imported fish and fish products, and
requires additional oversight for international fisheries trade
permits.
Section 105. Efforts to improve detection of at-risk
seafood imports. Directs the development of artificial
intelligence and machine learning technologies to detect
imports at risk of being associated with IUU fishing and labor
violations.
Section 106. Import audits. Directs the development of a
comprehensive data audit procedure and requires prioritization
for audit imports from countries identified by other Federal
agencies as having human trafficking, forced labor, and child
labor in any part of the seafood supply chain.
Section 107. Interagency coordination. Directs NOAA to
coordinate with other agencies to ensure that new data elements
required by this title can be submitted through the Automated
Commercial Environment to U.S. Customs and Border Protection.
Section 108. Availability of fisheries information.
Provides access to fisheries data by federal agencies
responsible for screening imported seafood, agencies
responsible for traceability verification and enforcement, and
verifying catch documentation and legality under the condition
it does not damage the value of catch or business. This would
still preserve the confidentiality of personally identifiable
information.
Sense of Congress.--It is the sense of Congress that while
individuals have a right to privacy and that the National
Oceanic and Atmospheric Administration has the responsibility
to protect personally identifiable information and personal
financial data, however, data and information relating to
quantities of fish harvested, type of gear used, and catch
location, for example, should be publicly available to ensure
objective, science-based research and management to prevent
overfishing and minimize bycatch, enable Federal and State
agencies to better coordinate with each other on enforcement
actions, and ensure consumers are fully informed when
purchasing seafood. Current fisheries confidentiality rules are
a major impediment to interagency data transmission and
information sharing and limit U.S. fishers' ability to access
their own fishing records. They also limit fisheries observers
from accessing records needed to adjudicate claims of
harassment, intimidation, and assault in the conduct of their
duties.
Section 109. Report on seafood import monitoring. Requires
an annual report on Seafood Import Monitoring Program
implementation and trends.
Section 110. Authorization of appropriations. Authorizes
$20 million per year through FY2025 for U.S. Customs and Border
Protection to carry out enforcement of section 307 of the
Tariff Act of 1930.
Title II: Seafood Traceability and Labeling
Section 201. Federal activities on seafood safety and
fraud. Directs NOAA to use the National Sea Grant College
Program to provide outreach to states, local health agencies,
consumers, and the seafood industry on seafood safety and
fraud. This section also directs the Departments of Commerce
and Health and Human Services to coordinate with the Department
of Homeland Security to ensure that inspections and tests for
seafood safety also collect information for seafood fraud
prevention.
Section 202. Seafood labeling and identification.
Establishes seafood traceability requirements so that
information accompanies seafood through processing and
distribution, including whether the fish was wild or farm-
raised, the date and location of catch, the method of harvest
and type of fishing gear used, and evidence of authorization to
fish. This section also establishes similar labeling
requirements that accompany seafood products to the point of
final sale to consumers.
Section 203. Federal enforcement. Directs the Secretary of
Commerce, in consultation with the Secretary of Health and
Human Services, to publish online a list of foreign exporters
whose seafood is imported to the United States and any
information on their violations of U.S. law relating to seafood
fraud. This section also directs the Secretary to increase the
number of seafood shipments inspected for seafood fraud and
coordinate with other Federal agencies on seafood fraud
enforcement.
Section 204. State enforcement. Allows States to bring
civil actions against persons it believes have engaged in
seafood fraud.
Section 205. Effect on state law. Provides that this title
does not preempt the authority of States to establish and
enforce antitrafficking laws or requirements for improving
seafood safety and preventing seafood fraud.
Title III: Strengthening International Fisheries Management
to Combat Human Trafficking
301. Denial of port privileges. Expands the authority of
the Secretary of Homeland Security to withhold or revoke U.S.
port privileges for fishing vessels of a nation that has been
identified for IUU fishing in two consecutive biennial reports,
in addition to the existing authority to revoke such privileges
for fishing vessels of nations that have received a negative
certification.
Section 302. Identification and certification criteria.
Expands IUU identification criteria to include data from non-
governmental stakeholder groups, the public, and the Seafood
Import Monitoring Program. This section adds new identification
criteria, including how much a country subsidizes increased
capacity and overfishing and identification by other Federal
agencies as having human trafficking, forced labor, or child
labor in any part of its seafood supply chain. It also improves
IUU certification criteria to require that a country's
corrective actions lead to measurable improvements in reducing
IUU fishing and addressing underlying failings or gaps in its
corrective actions.
Section 303. Illegal, unreported, or unregulated fishing
defined. Requires NOAA to use the definition of IUU fishing
adopted by the Food and Agriculture Organization, which
includes fishing conducted in violation of other national and
international laws and incorporate internationally recognized
labor rights into IUU enforcement. The United States has
already adopted the FAO's definition in the Port State Measures
Agreement, but the High Seas Driftnet Fishing Moratorium
Protection Act still gives deference to the Secretary of
Commerce to define IUU fishing.
Section 304. Equivalent conservation measures. Applies
amendments to identification and certification criteria for
high seas fishing activities that result in bycatch of living
marine resources similar to those amendments made for
identification and certification for IUU fishing found in
section 302 of this bill.
Section 305. Regulations. Directs the Secretary to
promulgate regulations implementing this title within one year.
Title IV: Maritime SAFE Amendments
Section 401. Illegal, Unreported, or Unregulated Fishing
Working Group responsibilities. Amends the Maritime SAFE Act,
which was included in the National Defense Authorization Act
for Fiscal Year 2020, to direct the IUU Interagency Working
Group to develop a strategy for leveraging IUU enforcement
across import control and assessment programs, including the
Seafood Import Monitoring Program, the List of Goods Produced
by Child Labor or Forced Labor, and the Trafficking in Persons
Report. In addition, it directs the Interagency Working Group
to assess areas for increased information sharing and
collaboration between Working Group members and state-based
agencies to investigate and prosecute IUU and seafood fraud.
Section 402. Strategic plan. Directs the IUU Interagency
Working Group to identify information and resources to prevent
IUU and fraudulently labeled seafood from entering U.S.
commerce.
Section 403. Authority to hold fish products. Authorizes
NOAA to place a hold on fisheries products to aid field
inspections and enforcement efforts. Other partner government
agencies can place holds, but currently, NOAA must request
Customs and Border Protection to use its authority to do so.
Title V: Maritime Awareness
Section 501. Automatic identification system requirements.
Includes a sense of Congress that automatic identification
systems (AIS) are the best available tool to track
spatiotemporal fishing efforts in the U.S. Exclusive Economic
Zone and high seas to manage shared use of the ocean, improve
fisheries management, and deter and interdict IUU fishing and
associated human trafficking, forced labor, and child labor.
This section amends statutory requirements for equipment and
operation of AIS to require that AIS be used in the U.S.
exclusive economic zone (200 nautical miles from shore) and on
the high seas (waters beyond the exclusive economic zone)
rather than only in navigable waters (defined by Coast Guard
regulations as internal waters and the territorial sea or 12
nautical miles from shore); also requires the use of AIS by
fishing vessels, fish processing vessels, and fish tender
vessels greater than 65 feet in length overall. It maintains
existing Coast Guard policies on the availability of AIS data
and authorizes $5 million for AIS for vessels more than 50 ft
in length that do not already have these systems.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and claused3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII and
Congressional Budget Act
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) of rule XIII
of the Rules of the House of Representatives and section 308(a)
of the Congressional Budget Act of 1974 and with respect to
requirements of clause (3)(c)(3) and clause 3(d) of rule XIII
of the Rules of the House of Representatives and section 402 of
the Congressional Budget Act of 1974, the Committee has
requested but not received a cost estimate for this bill from
the Director of Congressional Budget Office. The Committee
adopts as its own cost estimate the forthcoming cost estimate
of the Director of the Congressional Budget Office, should such
cost estimate be made available before House passage of the
bill. The Committee has requested but not received from the
Director of the Congressional Budget Office a statement as to
whether this bill contains any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goals and
objectives of this bill are to address seafood slavery and
combat illegal, unreported, or unregulated fishing.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Unfunded Mandates Reform Act Statement
An estimate of federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chair of
the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee, if such
estimate is not publicly available on the Congressional Budget
Office website.
Existing Programs
This bill does not establish or reauthorize a program of
the federal government known to be duplicative of another
program.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Preemption of State, Local, or Tribal Law
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT
* * * * * * *
SEC. 3. DEFINITIONS.
As used in this Act, unless the context otherwise requires--
(1) The term ``anadromous species'' means species of
fish which spawn in fresh or estuarine waters of the
United States and which migrate to ocean waters.
(2) The term ``bycatch'' means fish which are
harvested in a fishery, but which are not sold or kept
for personal use, and includes economic discards and
regulatory discards. Such term does not include fish
released alive under a recreational catch and release
fishery management program.
(3) The term ``charter fishing'' means fishing from a
vessel carrying a passenger for hire (as defined in
section 2101(30) of title 46, United States Code) who
is engaged in recreational fishing.
(4) The term ``commercial fishing'' means fishing in
which the fish harvested, either in whole or in part,
are intended to enter commerce or enter commerce
through sale, barter or trade.
(5) The term ``conservation and management'' refers
to all of the rules, regulations, conditions, methods,
and other measures (A) which are required to rebuild,
restore, or maintain, and which are useful in
rebuilding, restoring, or maintaining, any fishery
resource and the marine environment; and (B) which are
designed to assure that--
(i) a supply of food and other products may
be taken, and that recreational benefits may be
obtained, on a continuing basis;
(ii) irreversible or long-term adverse
effects on fishery resources and the marine
environment are avoided; and
(iii) there will be a multiplicity of options
available with respect to future uses of these
resources.
(6) The term ``Continental Shelf'' means the seabed
and subsoil of the submarine areas adjacent to the
coast, but outside the area of the territorial sea, of
the United States, to a depth of 200 meters or, beyond
that limit, to where the depth of the superjacent
waters admits of the exploitation of the natural
resources of such areas.
(7) The term ``Continental Shelf fishery resources''
means the following:
COLENTERATA
Bamboo Coral--Acanella spp.;
Black Coral--Antipathes spp.;
Gold Coral--Callogorgia spp.;
Precious Red Coral--Corallium spp.;
Bamboo Coral--Keratoisis spp.; and
Gold Coral--Parazoanthus spp.
CRUSTACEA
Tanner Crab--Chionoecetes tanneri;
Tanner Crab--Chionoecetes opilio;
Tanner Crab--Chionoecetes angulatus;
Tanner Crab--Chionoecetes bairdi;
King Crab--Paralithodes camtschatica;
King Crab--Paralithodes platypus;
King Crab--Paralithodes brevipes;
Lobster--Homarus americanus;
Dungeness Crab--Cancer magister;
California King Crab--Paralithodes californiensis;
California King Crab--Paralithodes rathbuni;
Golden King Crab--Lithodes aequispinus;
Northern Stone Crab--Lithodes maja;
Stone Crab--Menippe mercenaria; and
Deep-sea Red Crab--Chaceon quinquedens.
MOLLUSKS
Red Abalone--Haliotis rufescens;
Pink Abalone--Haliotis corrugata;
Japanese Abalone--Haliotis kamtschatkana;
Queen Conch--Strombus gigas;
Surf Clam--Spisula solidissima, and
Ocean Quahog--Arctica islandica.
SPONGES
Glove Sponge--Spongia cheiris
Sheepswool Sponge--Hippiospongia lachne;
Grass Sponge--Spongia graminea; and
Yellow Sponge--Spongia barbera.
If the Secretary determines, after consultation with
the Secretary of State, that living organisms of any
other sedentary species are, at the harvestable stage,
either--
(A) immobile on or under the seabed, or
(B) unable to move except in constant
physical contact with the seabed or subsoil,
of the Continental Shelf which appertains to the United
States, and publishes notice of such determination in
the Federal Register, such sedentary species shall be
considered to be added to the foregoing list and
included in such term for purposes of this Act.
(8) The term ``Council'' means any Regional Fishery
Management Council established under section 302.
(9) The term ``economic discards'' means fish which
are the target of a fishery, but which are not retained
because they are of an undesirable size, sex, or
quality, or for other economic reasons.
(10) The term ``essential fish habitat'' means those
waters and substrate necessary to fish for spawning,
breeding, feeding or growth to maturity.
(11) The term ``exclusive economic zone'' means the
zone established by Proclamation Numbered 5030, dated
March 10, 1983. For purposes of applying this Act, the
inner boundary of that zone is a line coterminous with
the seaward boundary of each of the coastal States.
(12) The term ``fish'' means finfish, mollusks,
crustaceans, and all other forms of marine animal and
plant life other than marine mammals and birds.
(13) The term ``fishery'' means--
(A) one or more stocks of fish which can be
treated as a unit for purposes of conservation
and management and which are identified on the
basis of geographical, scientific, technical,
recreational, and economic characteristics; and
(B) any fishing for such stocks.
(14) The term ``regional fishery association'' means
an association formed for the mutual benefit of
members--
(A) to meet social and economic needs in a
region or subregion; and
(B) comprised of persons engaging in the
harvest or processing of fishery resources in
that specific region or subregion or who
otherwise own or operate businesses
substantially dependent upon a fishery.
(15) The term ``fishery resource'' means any fishery,
any stock of fish, any species of fish, and any habitat
of fish.
(16) The term ``fishing'' means--
(A) the catching, taking, or harvesting of
fish;
(B) the attempted catching, taking, or
harvesting of fish;
(C) any other activity which can reasonably
be expected to result in the catching, taking,
or harvesting of fish; or
(D) any operations at sea in support of, or
in preparation for, any activity described in
subparagraphs (A) through (C).
Such term does not include any scientific research
activity which is conducted by a scientific research
vessel.
(17) The term ``fishing community'' means a community
which is substantially dependent on or substantially
engaged in the harvest or processing of fishery
resources to meet social and economic needs, and
includes fishing vessel owners, operators, and crew and
United States fish processors that are based in such
community.
(18) The term ``fishing vessel'' means any vessel,
boat, ship, or other craft which is used for, equipped
to be used for, or of a type which is normally used
for--
(A) fishing; or
(B) aiding or assisting one or more vessels
at sea in the performance of any activity
relating to fishing, including, but not limited
to, preparation, supply, storage,
refrigeration, transportation, or processing.
(19) The term ``foreign fishing'' means fishing by a
vessel other than a vessel of the United States.
(20) The term ``high seas'' means all waters beyond
the territorial sea of the United States and beyond any
foreign nation's territorial sea, to the extent that
such sea is recognized by the United States.
(21) The term ``highly migratory species'' means tuna
species, marlin (Tetrapturus spp. and Makaira spp.),
oceanic sharks, sailfishes (Istiophorus spp.), and
swordfish (Xiphias gladius).
(22) The term ``import''--
(A) means to land on, bring into, or
introduce into, or attempt to land on, bring
into, or introduce into, any place subject to
the jurisdiction of the United States, whether
or not such landing, bringing, or introduction
constitutes an importation within the meaning
of the customs laws of the United States; but
(B) does not include any activity described
in subparagraph (A) with respect to fish caught
in the exclusive economic zone or by a vessel
of the United States.
(23) The term ``individual fishing quota'' means a
Federal permit under a limited access system to harvest
a quantity of fish, expressed by a unit or units
representing a percentage of the total allowable catch
of a fishery that may be received or held for exclusive
use by a person. Such term does not include community
development quotas as described in section 305(i).
(24) The term ``international fishery agreement''
means any bilateral or multilateral treaty, convention,
or agreement which relates to fishing and to which the
United States is a party.
(25) The term ``large-scale driftnet fishing'' means
a method of fishing in which a gillnet composed of a
panel or panels of webbing, or a series of such
gillnets, with a total length of two and one-half
kilometers or more is placed in the water and allowed
to drift with the currents and winds for the purpose of
entangling fish in the webbing.
(26) The term ``limited access privilege''--
(A) means a Federal permit, issued as part of
a limited access system under section 303A to
harvest a quantity of fish expressed by a unit
or units representing a portion of the total
allowable catch of the fishery that may be
received or held for exclusive use by a person;
and
(B) includes an individual fishing quota; but
(C) does not include community development
quotas as described in section 305(i).
(27) The term ``limited access system'' means a
system that limits participation in a fishery to those
satisfying certain eligibility criteria or requirements
contained in a fishery management plan or associated
regulation.
(28) The term ``Marine Fisheries Commission'' means
the Atlantic States Marine Fisheries Commission, the
Gulf States Marine Fisheries Commission, or the Pacific
Marine Fisheries Commission.
(29) The term ``migratory range'' means the maximum
area at a given time of the year within which fish of
an anadromous species or stock thereof can be expected
to be found, as determined on the basis of scale
pattern analysis, tagging studies, or other reliable
scientific information, except that the term does not
include any part of such area which is in the waters of
a foreign nation.
(30) The term ``national standards'' means the
national standards for fishery conservation and
management set forth in section 301.
(31) The term ``observer'' means any person required
or authorized to be carried on a vessel for
conservation and management purposes by regulations or
permits under this Act.
(32) The term ``observer information'' means any
information collected, observed, retrieved, or created
by an observer or electronic monitoring system pursuant
to authorization by the Secretary, or collected as part
of a cooperative research initiative, including fish
harvest or processing observations, fish sampling or
weighing data, vessel logbook data, vessel or
processor-specific information (including any safety,
location, or operating condition observations), and
video, audio, photographic, or written documents.
(33) The term ``optimum'', with respect to the yield
from a fishery, means the amount of fish which--
(A) will provide the greatest overall benefit
to the Nation, particularly with respect to
food production and recreational opportunities,
and taking into account the protection of
marine ecosystems;
(B) is prescribed on the basis of the maximum
sustainable yield from the fishery, as reduced
by any relevant social, economic, or ecological
factor; and
(C) in the case of an overfished fishery,
provides for rebuilding to a level consistent
with producing the maximum sustainable yield in
such fishery.
(34) The terms ``overfishing'' and ``overfished''
mean a rate or level of fishing mortality that
jeopardizes the capacity of a fishery to produce the
maximum sustainable yield on a continuing basis.
(35) The term ``Pacific Insular Area'' means American
Samoa, Guam, the Northern Mariana Islands, Baker
Island, Howland Island, Jarvis Island, Johnston Atoll,
Kingman Reef, Midway Island, Wake Island, or Palmyra
Atoll, as applicable, and includes all islands and
reefs appurtenant to such island, reef, or atoll.
(36) The term ``person'' means any individual
(whether or not a citizen or national of the United
States), any corporation, partnership, association, or
other entity (whether or not organized or existing
under the laws of any State), and any Federal, State,
local, or foreign government or any entity of any such
government.
(37) The term ``recreational fishing'' means fishing
for sport or pleasure.
(38) The term ``regulatory discards'' means fish
harvested in a fishery which fishermen are required by
regulation to discard whenever caught, or are required
by regulation to retain but not sell.
(39) The term ``Secretary'' means the Secretary of
Commerce or his designee.
(40) The term ``special areas'' means the areas
referred to as eastern special areas in Article 3(1) of
the Agreement between the United States of America and
the Union of Soviet Socialist Republics on the Maritime
Boundary, signed June 1, 1990; in particular, the term
refers to those areas east of the maritime boundary, as
defined in that Agreement, that lie within 200 nautical
miles of the baselines from which the breadth of the
territorial sea of Russia is measured but beyond 200
nautical miles of the baselines from which the breadth
of the territorial sea of the United States is
measured.
(41) The term ``special areas'' means the areas
referred to as eastern special areas in Article 3(1) of
the Agreement between the United States of America and
the Union of Soviet Socialist Republics on the Maritime
Boundary, signed June 1, 1990. In particular, the term
refers to those areas east of the maritime boundary, as
defined in that Agreement, that lie within 200 nautical
miles of the baselines from which the breadth of the
territorial sea of Russia is measured but beyond 200
nautical miles of the baselines from which the breadth
of the territorial sea of the United States is
measured.
(42) The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of
Puerto Rico, American Samoa, the Virgin Islands, Guam,
and any other Commonwealth, territory, or possession of
the United States.
(43) The term ``stock of fish'' means a species,
subspecies, geographical grouping, or other category of
fish capable of management as a unit.
(44) The term ``treaty'' means any international
fishery agreement which is a treaty within the meaning
of section 2 of article II of the Constitution.
(45) The term ``tuna species'' means the following:
Albacore Tuna--Thunnus alalunga;
Bigeye Tuna--Thunnus obesus;
Bluefin Tuna--Thunnus thynnus;
Skipjack Tuna--Katsuwonus pelamis; and
Yellowfin Tuna--Thunnus albacares.
(46) The term ``United States'', when used in a
geographical context, means all the States thereof.
(47) The term ``United States fish processors'' means
facilities located within the United States for, and
vessels of the United States used or equipped for, the
processing of fish for commercial use or consumption.
(48) The term ``United States harvested fish'' means
fish caught, taken, or harvested by vessels of the
United States within any fishery for which a fishery
management plan prepared under title III or a
preliminary fishery management plan prepared under
section 201(h) has been implemented.
(49) The term ``vessel subject to the jurisdiction of
the United States'' has the same meaning such term has
in section 3(c) of the Maritime Drug Law Enforcement
Act (46 U.S.C. App. 1903(c)).
(50) The term ``vessel of the United States'' means--
(A) any vessel documented under chapter 121
of title 46, United States Code;
(B) any vessel numbered in accordance with
chapter 123 of title 46, United States Code,
and measuring less than 5 net tons;
(C) any vessel numbered in accordance with
chapter 123 of title 46, United States Code,
and used exclusively for pleasure; or
(D) any vessel not equipped with propulsion
machinery of any kind and used exclusively for
pleasure.
(33) The term ``waters of a foreign nation'' means
any part of the territorial sea or exclusive economic
zone (or the equivalent) of a foreign nation, to the
extent such territorial sea or exclusive economic zone
is recognized by the United States.
(51) The term ``illegal, unreported, or unregulated
fishing'' means any activity set out in paragraph 3 of
the 2001 Food and Agriculture Organization
International Plan of Action to Prevent, Deter and
Eliminate Illegal, Unreported, and Unregulated Fishing.
* * * * * * *
TITLE III--NATIONAL FISHERY MANAGEMENT PROGRAM
* * * * * * *
SEC. 311. ENFORCEMENT.
(a) Responsibility.--The provisions of this Act shall be
enforced by the Secretary and the Secretary of the department
in which the Coast Guard is operating. Such Secretaries may, by
agreement, on a reimbursable basis or otherwise, utilize the
personnel, services, equipment (including aircraft and
vessels), and facilities of any other Federal agency, including
all elements of the Department of Defense, and of any State
agency, in the performance of such duties.
(b) Powers of Authorized Officers.--(1) Any officer who is
authorized (by the Secretary, the Secretary of the department
in which the Coast Guard is operating, or the head of any
Federal or State agency which has entered into an agreement
with such Secretaries under subsection (a)) to enforce the
provisions of this Act may--
(A) with or without a warrant or other process--
(i) arrest any person, if he has reasonable
cause to believe that such person has committed
an act prohibited by section 307;
(ii) board, and search or inspect, any
fishing vessel which is subject to the
provisions of this Act;
(iii) seize any fishing vessel (together with
its fishing gear, furniture, appurtenances,
stores, and cargo) used or employed in, or with
respect to which it reasonably appears that
such vessel was used or employed in, the
violation of any provisions of this Act;
(iv) seize any fish (wherever found) taken or
retained in violation of any provision of this
Act;
(v) seize any other evidence related to any
violation of any provisions of this Act; and
(vi) access, directly or indirectly, for
enforcement purposes any data or information
required to be provided under this title or
regulations under this title, including data
from vessel monitoring systems, satellite-based
maritime distress and safety systems, or any
similar system, subject to the confidentiality
provisions of section 402;
(B) execute any warrant or other process issued by
any court of competent jurisdiction[; and];
(C) exercise any other lawful authority[.]; and
(D) detain, for a period of up to 14 days, any
shipment of fish or fish product imported into, landed
on, introduced into, exported from, or transported
within the jurisdiction of the United States, or, if
such fish or fish product is deemed to be perishable,
sell and retain the proceeds therefrom for a period of
up to 21 days.
(2) Subject to the direction of the Secretary, a person
charged with law enforcement responsibilities by the Secretary
who is performing a duty related to enforcement of a law
regarding fisheries or other marine resources may make an
arrest without a warrant for an offense against the United
States committed in his presence, or for a felony cognizable
under the laws of the United States, if he has reasonable
grounds to believe that the person to be arrested has committed
or is committing a felony. The arrest authority described in
the preceding sentence may be conferred upon an officer or
employee of a State agency, subject to such conditions and
restrictions as are set forth by agreement between the State
agency, the Secretary, and, with respect to enforcement
operations within the exclusive economic zone, the Secretary of
the department in which the Coast Guard is operating.
(c) Issuance of Citations.--If any officer authorized to
enforce the provisions of this Act (as provided for in this
section) finds that a fishing vessel is operating or has been
operated in violation of any provision of this Act, such
officer may, in accordance with regulations issued jointly by
the Secretary and the Secretary of the department in which the
Coast Guard is operating, issue a citation to the owner or
operator of such vessel in lieu of proceeding under subsection
(b). If a permit has been issued pursuant to this Act for such
vessel, such officer shall note the issuance of any citation
under this subsection, including the date thereof and the
reason therefor, on the permit. The Secretary shall maintain a
record of all citations issued pursuant to this subsection.
(d) Jurisdiction of Courts.--The district courts of the
United States shall have exclusive jurisdiction over any case
or controversy arising under the provisions of this Act. In the
case of Hawaii or any possession of the United States in the
Pacific Ocean, the appropriate court is the United States
District Court for the District of Hawaii, except that in the
case of Guam and Wake Island, the appropriate court is the
United States District Court for the District of Guam, and in
the case of the Northern Mariana Islands, the appropriate court
is the United States District Court for the District of the
Northern Mariana Islands. Any such court may, at any time--
(1) enter restraining orders or prohibitions;
(2) issue warrants, process in rem, or other process;
(3) prescribe and accept satisfactory bonds or other
security; and
(4) take such other actions as are in the interest of
justice.
(e) Payment of Storage, Care, and Other Costs.--(1)
Notwithstanding any other provision of law, the Secretary or
the Secretary of the Treasury may pay from sums received as
fines, penalties, and forfeitures of property for violations of
any provisions of this Act or of any other marine resource law
enforced by the Secretary, including the Lacey Act Amendments
of 1981 (16 U.S.C. 3371 et seq.)--
(A) the reasonable and necessary costs incurred in
providing temporary storage, care, and maintenance of
seized fish or other property pending disposition of
any civil or criminal proceeding alleging a violation
of any provision of this Act or any other marine
resource law enforced by the Secretary with respect to
that fish or other property;
(B) a reward of not less than 20 percent of the
penalty collected or $20,000, whichever is the lesser
amount, to any person who furnishes information which
leads to an arrest, conviction, civil penalty
assessment, or forfeiture of property for any violation
of any provision of this Act or any other marine
resource law enforced by the Secretary;
(C) any expenses directly related to investigations
and civil or criminal enforcement proceedings,
including any necessary expenses for equipment,
training, travel, witnesses, and contracting services
directly related to such investigations or proceedings;
(D) any valid liens or mortgages against any property
that has been forfeited;
(E) claims of parties in interest to property
disposed of under section 612(b) of the Tariff
Act of 1930 (19 U.S.C. 1612(b)), as made
applicable by section 310(c) of this Act or by
any other marine resource law enforced by the
Secretary, to seizures made by the Secretary,
in amounts determined by the Secretary to be
applicable to such claims at the time of
seizure; and
(F) reimbursement to any Federal or State agency,
including the Coast Guard, for services performed, or
personnel, equipment, or facilities utilized, under any
agreement with the Secretary entered into pursuant to
subsection (a), or any similar agreement authorized by
law.
(2) Any person found in an administrative or judicial
proceeding to have violated this Act or any other
marine resource law enforced by the Secretary shall be
liable for the cost incurred in the sale, storage,
care, and maintenance of any fish or other property
lawfully seized in connection with the violation.
(f) Enforcement of Northeast Multispecies Fishery Management
Plan.--
(1) Enforcement agreements.--Beginning not later than
October 1, 1993, the Secretary shall, if requested by
the Governor of a State represented on the New England
Fishery Management Council, enter into an agreement
under subsection (a), with each of the States
represented on such Council, that authorizes the marine
law enforcement agency of such State to perform duties
of the Secretary relating to enforcement of the
Northeast Multispecies Fishery Management Plan.
(2) Reimbursement.--An agreement with a State under
this subsection shall provide, subject to the
availability of appropriations, for reimbursement of
the State for expenses incurred in detection and
prosecution of violations of any fishery management
plan approved by the Secretary.
(3) Coast guard enforcement working group.--
(A) Establishment.--The Commander of the
First Coast Guard District shall establish an
informal fisheries enforcement working group to
improve the overall compliance with and
effectiveness of the regulations issued under
the Northeast Multispecies Fishery Management
Plan.
(B) Membership.--The working group shall
consist of members selected by the Commander,
and shall include--
(i) individuals who are
representatives of various fishing
ports located in the States represented
on the New England Fishery Management
Council;
(ii) captains of fishing vessels that
operate in waters under the
jurisdiction of that Council; and
(iii) other individuals the Commander
considers appropriate.
(C) Non-federal status of working group
members.--An individual shall not receive any
compensation for, and shall not be considered
to be a Federal employee based on, membership
in the working group.
(D) Meetings.--The working group shall meet,
at the call of the Commander, at least 4 times
each year. The meetings shall be held at
various major fishing ports in States
represented on the New England Fishery
Management Council, as specified by the
Commander.
(4) Use of fines and penalties.--Amounts available to
the Secretary under this Act which are attributable to
fines and penalties imposed for violations of the
Northeast Multispecies Fishery Management Plan shall be
used by the Secretary pursuant to this section to
enforce that Plan.
(g) Enforcement in the Pacific Insular Areas.--The Secretary,
in consultation with the Governors of the Pacific Insular Areas
and the Western Pacific Council, shall to the extent
practicable support cooperative enforcement agreements between
Federal and Pacific Insular Area authorities.
(h) Joint Enforcement Agreements.--
(1) In general.--The Governor of an eligible State
may apply to the Secretary for execution of a joint
enforcement agreement with the Secretary that will
authorize the deputization and funding of State law
enforcement officers with marine law enforcement
responsibilities to perform duties of the Secretary
relating to law enforcement provisions under this title
or any other marine resource law enforced by the
Secretary. Upon receiving an application meeting the
requirements of this subsection, the Secretary may
enter into a joint enforcement agreement with the
requesting State.
(2) Eligible state.--A State is eligible to
participate in the cooperative enforcement agreements
under this section if it is in, or bordering on, the
Atlantic Ocean (including the Caribbean Sea), the
Pacific Ocean, the Arctic Ocean, the Gulf of Mexico,
Long Island Sound, or 1 or more of the Great Lakes.
(3) Requirements.--Joint enforcement agreements
executed under paragraph (1)--
(A) shall be consistent with the purposes and
intent of this section to the extent applicable
to the regulated activities;
(B) may include specifications for joint
management responsibilities as provided by the
first section of Public Law 91-412 (15 U.S.C.
1525); and
(C) shall provide for confidentiality of data
and information submitted to the State under
section 402.
(4) Allocation of funds.--The Secretary shall include
in each joint enforcement agreement an allocation of
funds to assist in management of the agreement. The
allocation shall be fairly distributed among all
eligible States participating in cooperative
enforcement agreements under this subsection, based
upon consideration of Federal marine enforcement needs,
the specific marine conservation enforcement needs of
each participating eligible State, and the capacity of
the State to undertake the marine enforcement mission
and assist with enforcement needs. The agreement may
provide for amounts to be withheld by the Secretary for
the cost of any technical or other assistance provided
to the State by the Secretary under the agreement.
(i) Improved Data Sharing.--
(1) In general.--Notwithstanding any other provision
of this Act, as soon as practicable but no later than
21 months after the date of enactment of the Magnuson-
Stevens Fishery Conservation and Management
Reauthorization Act of 2006, the Secretary shall
implement data-sharing measures to make any data
required to be provided by this Act from satellite-
based maritime distress and safety systems, vessel
monitoring systems, or similar systems--
(A) directly accessible by State enforcement
officers authorized under subsection (a) of
this section; and
(B) available to a State management agency
involved in, or affected by, management of a
fishery if the State has entered into an
agreement with the Secretary under section
402(b)(1)(B) of this Act.
(2) Agreement required.--The Secretary shall promptly
enter into an agreement with a State under section
402(b)(1)(B) of this Act if--
(A) the Attorney General or highest ranking
legal officer of the State provides a written
opinion or certification that State law allows
the State to maintain the confidentiality of
information required by Federal law to be kept
confidential; or
(B) the Secretary is provided other
reasonable assurance that the State can and
will protect the identity or business of any
person to which such information relates.
(j) Definitions.--For purposes of this section--
(1) The term ``provisions of this Act'' includes (A)
any regulation or permit issued pursuant to this Act,
and (B) any provision of, or regulation issued pursuant
to, any international fishery agreement under which
foreign fishing is authorized by section 201 (b) or
(c), with respect to fishing subject to the exclusive
fishery management authority of the United States.
(2) The term ``violation of any provision of this
Act'' includes (A) the commission of any act prohibited
by section 307, and (B) the violation of any
regulation, permit, or agreement referred to in
paragraph (1).
* * * * * * *
TITLE IV--FISHERY MONITORING AND RESEARCH
* * * * * * *
SEC. 402. INFORMATION COLLECTION.
(a) Collection Programs.--
(1) Council requests.--If a Council determines that
additional information would be beneficial for
developing, implementing, or revising a fishery
management plan or for determining whether a fishery is
in need of management, the Council may request that the
Secretary implement an information collection program
for the fishery which would provide the types of
information specified by the Council. The Secretary
shall undertake such an information collection program
if he determines that the need is justified, and shall
promulgate regulations to implement the program within
60 days after such determination is made. If the
Secretary determines that the need for an information
collection program is not justified, the Secretary
shall inform the Council of the reasons for such
determination in writing. The determinations of the
Secretary under this paragraph regarding a Council
request shall be made within a reasonable period of
time after receipt of that request.
(2) Secretarial initiation.--If the Secretary
determines that additional information is necessary for
developing, implementing, revising, or monitoring a
fishery management plan, or for determining whether a
fishery is in need of management, the Secretary may, by
regulation, implement an information collection or
observer program requiring submission of such
additional information for the fishery.
(b) Confidentiality of Information.--
(1) Any information submitted to the Secretary, a
State fishery management agency, or a marine fisheries
commission by any person in compliance with the
requirements of this Act shall be confidential and
shall not be disclosed except--
(A) to Federal employees and Council
employees who are responsible for fishery
management plan development, monitoring, or
enforcement;
(B) to State or Marine Fisheries Commission
employees as necessary to further the
Department's mission, subject to a
confidentiality agreement that prohibits public
disclosure of the identity of business of any
person;
(C) to State employees who are responsible
for fishery management plan enforcement, if the
States employing those employees have entered
into a fishery enforcement agreement with the
Secretary and the agreement is in effect;
(D) when required by court order;
(E) when such information is used by State,
Council, or Marine Fisheries Commission
employees to verify catch under a limited
access program, but only to the extent that
such use is consistent with subparagraph (B);
(F) when the Secretary has obtained written
authorization from the person submitting such
information to release such information to
persons for reasons not otherwise provided for
in this subsection, and such release does not
violate other requirements of this Act;
(G) when such information is required to be
submitted to the Secretary for any
determination under a limited access program;
[or]
(H) in support of homeland and national
security activities, including the Coast
Guard's homeland security missions as defined
in section 888(a)(2) of the Homeland Security
Act of 2002 (6 U.S.C. 468(a)(2))[.]; or
(I) to Federal agencies responsible for
screening of imported seafood and for the
purpose of carrying out the duties under or
with respect to--
(i) the Seafood Import Monitoring
Program;
(ii) the Antarctic Marine Living
Resources Program;
(iii) the Tuna Tracking and
Verification Program;
(iv) the Atlantic Highly Migratory
Species International Trade Program;
(v) the 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.);
(vi) the Trafficking in Persons
Report required by section 110 of the
Trafficking Victims Protection Act of
2000 (22 U.S.C. 7107);
(vii) enforcement activities and
regulations authorized under section
307 of the Tariff Act of 1930 (19
U.S.C. 1307); and
(viii) the taking and related acts in
commercial fishing operations under
section 216.24 of title 50, Code of
Federal Regulations;
(J) to Federal, State and local agencies for
the purposes of verification and enforcement of
title II of this Act; or
(K) information that pertains to catch
documentation and legality of catch, if
disclosure of that information would not
materially damage the value of catch or
business.
(2) Any observer information shall be confidential
and shall not be disclosed, except in accordance with
the requirements of subparagraphs (A) through (H) of
paragraph (1), or--
(A) as authorized by a fishery management
plan or regulations under the authority of the
North Pacific Council to allow disclosure to
the public of weekly summary bycatch
information identified by vessel or for haul-
specific bycatch information without vessel
identification;
(B) when such information is necessary in
proceedings to adjudicate observer
certifications; or
(C) as authorized by any regulations issued
under paragraph (3) allowing the collection of
observer information, pursuant to a
confidentiality agreement between the
observers, observer employers, and the
Secretary prohibiting disclosure of the
information by the observers or observer
employers, in order--
(i) to allow the sharing of observer
information among observers and between
observers and observer employers as
necessary to train and prepare
observers for deployments on specific
vessels; or
(ii) to validate the accuracy of the
observer information collected.
(3) The Secretary shall, by regulation, prescribe
such procedures as may be necessary to preserve the
confidentiality of information submitted in compliance
with any requirement or regulation under this Act,
except that the Secretary may release or make public
any such information in any aggregate or summary form
which does not directly or indirectly disclose the
identity or business of any person who submits such
information. Nothing in this subsection shall be
interpreted or construed to prevent the use for
conservation and management purposes by the Secretary,
or with the approval of the Secretary, the Council, of
any information submitted in compliance with any
requirement or regulation under this Act or the use,
release, or publication of bycatch information pursuant
to paragraph (2)(A).
(c) Restriction on Use of Certain Information.--(1) The
Secretary shall promulgate regulations to restrict the use, in
civil enforcement or criminal proceedings under this Act, the
Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.),
and the Endangered Species Act (16 U.S.C. 1531 et seq.), of
information collected by voluntary fishery data collectors,
including sea samplers, while aboard any vessel for
conservation and management purposes if the presence of such a
fishery data collector aboard is not required by any of such
Acts or regulations thereunder.
(2) The Secretary may not require the submission of a Federal
or State income tax return or statement as a prerequisite for
issuance of a permit until such time as the Secretary has
promulgated regulations to ensure the confidentiality of
information contained in such return or statement, to limit the
information submitted to that necessary to achieve a
demonstrated conservation and management purpose, and to
provide appropriate penalties for violation of such
regulations.
(d) Contracting Authority.--Notwithstanding any other
provision of law, the Secretary may provide a grant, contract,
or other financial assistance on a sole-source basis to a
State, Council, or Marine Fisheries Commission for the purpose
of carrying out information collection or other programs if--
(1) the recipient of such a grant, contract, or other
financial assistance is specified by statute to be, or
has customarily been, such State, Council, or Marine
Fisheries Commission; or
(2) the Secretary has entered into a cooperative
agreement with such State, Council, or Marine Fisheries
Commission.
(e) Resource Assessments.--(1) The Secretary may use the
private sector to provide vessels, equipment, and services
necessary to survey the fishery resources of the United States
when the arrangement will yield statistically reliable results.
(2) The Secretary, in consultation with the
appropriate Council and the fishing industry--
(A) may structure competitive solicitations
under paragraph (1) so as to compensate a
contractor for a fishery resources survey by
allowing the contractor to retain for sale fish
harvested during the survey voyage;
(B) in the case of a survey during which the
quantity or quality of fish harvested is not
expected to be adequately compensatory, may
structure those solicitations so as to provide
that compensation by permitting the contractor
to harvest on a subsequent voyage and retain
for sale a portion of the allowable catch of
the surveyed fishery; and
(C) may permit fish harvested during such
survey to count toward a vessel's catch history
under a fishery management plan if such survey
was conducted in a manner that precluded a
vessel's participation in a fishery that
counted under the plan for purposes of
determining catch history.
(3) The Secretary shall undertake efforts to expand annual
fishery resource assessments in all regions of the Nation.
* * * * * * *
----------
HIGH SEAS DRIFTNET FISHERIES ENFORCEMENT ACT
* * * * * * *
TITLE I--HIGH SEAS LARGE-SCALE DRIFTNET FISHING
SEC. 101. DENIAL OF PORT PRIVILEGES AND SANCTIONS FOR HIGH SEAS LARGE-
SCALE DRIFTNET FISHING.
(a) Denial of Port Privileges.--
(1) Publication of list.--Not later than 30 days
after the date of enactment of this Act and
periodically thereafter, the Secretary of Commerce, in
consultation with the Secretary of State, shall publish
a list of nations whose nationals or vessels conduct
large-scale driftnet fishing beyond the exclusive
economic zone of any nation.
[(2) Denial of port privileges.--The Secretary of the
Treasury shall, in accordance with international law--
[(A) withhold or revoke the clearance
required by section 4197 of the Revised
Statutes of the United States (46 App. U.S.C.
91) for any large-scale driftnet fishing vessel
that is documented under the laws of the United
States or of a nation included on a list
published under paragraph (1) or, as
appropriate, for fishing vessels of a nation
that receives a negative certification under
section 609(d) or section 610(c) of the High
Seas Driftnet Fishing Moratorium Protection Act
(16 U.S.C. 1826); and
[(B) deny entry of that vessel to any place
in the United States and to the navigable
waters of the United States, except for the
purposes of inspecting such vessel, conducting
an investigation, or taking other appropriate
enforcement action.]
(2) Denial of port privileges.--The Secretary of
Homeland Security shall, in accordance with
international law--
(A) withhold or revoke the clearance required
by section 60105 of title 46, United States
Code, for any large-scale driftnet fishing
vessels of a nation that receives a negative
certification under sections 609(d) or 610(c)
of the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826j(d) or
1826k(c)), or fishing vessels of a nation that
has been listed pursuant to sections 609(b) or
610(a) of such Act (16 U.S.C. 1826j(b) or
1826k(a)) in two or more consecutive reports as
described under section 607 of such Act (16
U.S.C. 1826h), until a positive certification
has been received;
(B) withhold or revoke the clearance required
by section 60105 of title 46, United States
Code, for fishing vessels of a nation that has
been listed pursuant to sections 609(b) or
610(a) of such Act (16 U.S.C. 1826j(b) or
1826k(a)) in two or more consecutive reports as
described under section 607 of such Act (16
U.S.C. 1826h); and
(C) deny entry of that vessel to any place in
the United States and to the navigable waters
of the United States, except for the purposes
of inspecting such vessel, conducting an
investigation, or taking other appropriate
enforcement action.
(3) Notification of nation.--Before the publication
of a list of nations under paragraph (1), the Secretary
of State shall notify each nation included on that list
regarding--
(A) the effect of that publication on port
privileges of vessels of that nation under
paragraph (1); and
(B) any sanctions or requirements, under this
Act or any other law, that may be imposed on
that nation if nationals or vessels of that
nation continue to conduct large-scale driftnet
fishing beyond the exclusive economic zone of
any nation after December 31, 1992.
(b) Sanctions.--
(1) Identifications.--
(A) Initial identifications.--Not later than
January 10, 1993, the Secretary of Commerce
shall--
(i) identify each nation whose
nationals or vessels are conducting
large-scale driftnet fishing beyond the
exclusive economic zone of any nation;
and
(ii) notify the President and that
nation of the identification under
clause (i).
(B) Additional identifications.--At any time
after January 10, 1993, whenever the Secretary
of Commerce has reason to believe that the
nationals or vessels of any nation are
conducting large-scale driftnet fishing beyond
the exclusive economic zone of any nation, the
Secretary of Commerce shall--
(i) identify that nation; and
(ii) notify the President and that
nation of the identification under
clause (i).
(2) Consultations.--Not later than 30 days after a
nation is identified under paragraph (1)(B), the
President shall enter into consultations with the
government of that nation for the purpose of obtaining
an agreement that will effect the immediate termination
of large-scale driftnet fishing by the nationals or
vessels of that nation beyond the exclusive economic
zone of any nation.
(3) Prohibition on imports of fish and fish products
and sport fishing equipment.--
(A) Prohibition.--The President--
(i) upon receipt of notification of
the identification of a nation under
paragraph (1)(A) or a negative
certification under section 609(d) or
section 610(c) of the High Seas
Driftnet Fishing Moratorium Protection
Act (16 U.S.C. 1826j(d), 1826k(c)); or
(ii) if the consultations with the
government of a nation under paragraph
(2) are not satisfactorily concluded
within ninety days, shall direct the
Secretary of the Treasury to prohibit
the importation into the United States
of fish and fish products and sport
fishing equipment (as that term is
defined in section 4162 of the Internal
Revenue Code of 1986 (26 U.S.C. 4162))
from that nation.
(B) Implementation of prohibition.--With
respect to an import prohibition directed under
subparagraph (A), the Secretary of the Treasury
shall implement such prohibition not later than
the date that is forty-five days after the date
on which the Secretary has received the
direction from the President.
(C) Public notice of prohibition.--Before the
effective date of any import prohibition under
this paragraph, the Secretary of the Treasury
shall provide public notice of the impending
prohibition.
(4) Additional economic sanctions.--
(A) Determination of effectiveness of
sanctions.--Not later than six months after the
date the Secretary of Commerce identifies a
nation under paragraph (1) or issues a negative
certification under section 609(d) or section
610(c) of the High Seas Driftnet Fishing
Moratorium Protection Act (16 U.S.C. 1826j(d),
1826k(c)), the Secretary shall determine
whether--
(i) any prohibition established under
paragraph (3) is insufficient to cause
that nation to terminate large-scale
driftnet fishing conducted by its
nationals and vessels beyond the
exclusive economic zone of any nation,
or to address the offending activities
for which a nation received a negative
certification under section 609(d) or
610(c) of the High Seas Driftnet
Fishing Moratorium Protection Act (16
U.S.C. 1826j(d), 1826k(c)); or
(ii) that nation has retaliated
against the United States as a result
of that prohibition.
(B) Certification.--The Secretary of Commerce
shall certify to the President each affirmative
determination under subparagraph (A) with
respect to a nation.
(C) Effect of certification.--Certification
by the Secretary of Commerce under subparagraph
(B) is deemed to be a certification under
section 8(a) of the Fishermen's Protective Act
of 1967 (22 U.S.C. 1978(a)), as amended by this
Act.
* * * * * * *
----------
HIGH SEAS DRIFTNET FISHING MORATORIUM PROTECTION ACT
* * * * * * *
TITLE VI--DRIFTNET MORATORIUM
* * * * * * *
SEC. 609. ILLEGAL, UNREPORTED, OR UNREGULATED FISHING.
[(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 607, 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 send 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 organizationexists with a mandate to
regulate the fishing activity in question.
[(2) Identification for actions of nation.--Taking
into account the factors described under section
609(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 management measures required
under an international fishery management
agreement to which the United States is a party
and the violations undermine the effectiveness
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).
[(3) Application to other entities.--Where the
provisions of this Act are applicable to nations, they
shall also be applicable, as appropriate, to other
entities that have competency to enter into
international fishery management agreements.
[(b) Notification.--The Secretary shall notify the President
and that nation of such an identification.]
(a) Cooperation With Governments.--
(1) Information collection.--The Secretary, in
consultation with the Secretary of State, shall engage
with each flag, coastal, port, and market nation that
exports seafood to the United States to collect
information sufficient to evaluate the effectiveness of
such nation's management of fisheries and control
systems to prevent illegal, unreported, or unregulated
fishing.
(2) Recommendations.--The Secretary, in consultation
with the Secretary of State, shall provide
recommendations to such nations to resolve compliance
gaps and improve fisheries management and control
systems in order to assist such nations in preventing
illegal, unreported, or unregulated fishing.
(b) Identification and Warning.--
(1) For actions of a fishing vessel.--The Secretary
shall identify and list in the report required by
section 607 a nation if a fishing vessel of such nation
is engaged or has, in the preceding 3 years, engaged in
illegal, unreported, or unregulated fishing. The
Secretary shall include all nations that qualify for
identification, regardless of whether the Secretary has
engaged in the process described in this subsection or
under subsection (a). Any of the following relevant
information is sufficient to form the basis of an
identification:
(A) compliance reports;
(B) data or information from international
fishery management organizations, a foreign
government, or an organization or stakeholder
group;
(C) information submitted by the public;
(D) information submitted to the Secretary
under section 402(a) of the Magnuson-Stevens
Fishery Conservation and Management Act (16
U.S.C. 1881a(a));
(E) import data collected by the Secretary
pursuant to part 300.324 of title 50, Code of
Federal Regulations; and
(F) information compiled from a Federal
agency, including, the Coast Guard and agencies
within the Interagency Working Group on
Illegal, Unreported, and Unregulated Fishing.
(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, including the following:
(A) Any nation that is failing, or has failed
in the preceding 3-year period, to cooperate
with the United States government in providing
information about their fisheries management
and control systems described in subsection (a)
of this section.
(B) Any nation that is violating, or has
violated at any point during the preceding 3
years, conservation and management measures,
including catch and other data reporting
obligations and requirements, required under an
international fishery management agreement.
(C) Any nation that is failing, or has failed
in the preceding 3-year period, to effectively
address or regulate illegal, unreported, or
unregulated fishing within its fleets in any
areas where its vessels are fishing.
(D) 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.
(E) Any nation that provides subsidies that--
(i) contribute to illegal,
unreported, or unregulated fishing or
increased capacity and overfishing at
proportionally higher rates than
subsidies that promote fishery resource
conservation and management; or
(ii) that otherwise undermine the
effectiveness of any international
fishery conservation program.
(F) Any nation that has been identified as
having human trafficking, including forced
labor, in any part of the seafood supply chain
in the most recent Trafficking in Persons
Report issued by the Department of State in
accordance with the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7101 et
seq.).
(G) Any nation that has been identified as
producing seafood-related goods through forced
labor or oppressive child labor 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.).
(H) Any nation that has been identified as at
risk for human trafficking, including forced
labor, in their seafood catching and processing
industries in the report required in section
3563 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92).
(3) Warning.--The Secretary shall issue a warning to
each nation identified under this subsection.
(4) Timing.--The Secretary shall make an
identification under paragraphs (1) or (2) at any time
that the Secretary has sufficient information to make
such identification.
(c) Consultation.--No later than 60 days after submittinga
report to Congress under section 607, the Secretary, acting
through the Secretary of State, shall--
(1) notify nations listed in the report of the
requirementsof this section;
(2) initiate consultations for the purpose of
encouragingsuch nations to take the appropriate
corrective action with respect to the offending
activities of their fishing vessels identifiedin the
report; and
(3) notify any relevant international fishery
managementorganization 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, United States Code, for
determining if a nation identified under subsection (a)
and listed in the report under section 607 has taken
appropriate corrective action with respect to the
offending activities identified in the report under
section 607. 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 607--
[(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
fisherymanagement organization has implemented
measures that are effective in ending the
illegal, unreported, or unregulatedfishing
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 aparty; or
[(B) the vessel is not identified by an
internationalfishery management organization as
participating in illegal, unreported, or
unregulated fishing activities.
[(3) Effect of certification.--
[(A) In general.--The provisions of section
101(a) andsection 101(b)(3) and (4) of this Act
(16 U.S.C. 1826a(a), (b)(3), and (b)(4))--
[(i) shall apply to any nation
identified under subsection (a) for
which the Secretary has issued a
negative certification under this
subsection; but
[(ii) shall not apply to any nation
identified undersubsection (a) for
which the Secretary has issued a
positive certification under this
subsection.
[(B) Exceptions.--Subparagraph (A)(i) does
notapply--
[(i) to the extent that such
provisions would applyto sport fishing
equipment or to fish or fish products
not managed under the applicable
international fisheryagreement; or
[(ii) if there is no applicable
international fisheryagreement, to the
extent that such provisions would apply
to fish or fish products caught by
vessels notengaged in illegal,
unreported, or unregulated fishing.]
(d) IUU Certification Procedure.--
(1) Certification determination.--
(A) In general.--The Secretary shall
establish a procedure for certifying whether a
nation identified under subsection (b) has
taken appropriate corrective action with
respect to the offending activities identified
under section (b) that has led to measurable
improvements in the reduction of illegal,
unreported, or unregulated fishing and any
underlying regulatory, policy, or practice
failings or gaps that may have contributed to
such identification.
(B) Opportunity for comment.--The Secretary
shall ensure that the procedure established
under subparagraph (A) provides for notice and
an opportunity for comment by the identified
nation.
(C) Determination.--The Secretary shall,
consistent with such procedure, determine and
certify to the Congress not later than 90 days
after the date on which the Secretary issues a
final rule containing the procedure, and
biennially thereafter--
(i) whether the government of each
nation identified under subsection (b)
has provided documentary evidence that
such nation has taken corrective action
with respect to such identification; or
(ii) whether the relevant
international fishery management
organization has taken corrective
action that has ended 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 fishery
within a nation issued a negative certification under
paragraph (1) if the Secretary--
(A) determines the fishery has not engaged in
illegal, unreported, or unregulated fishing
under an international fishery management
agreement to which the United States is a
party;
(B) determines the fishery is not identified
by an international fishery management
organization as participating in illegal,
unreported, or unregulated fishing activities;
and
(C) ensures that any such seafood or seafood
products authorized for entry under this
section are imported consistent with the
reporting and the recordkeeping requirements of
Seafood Import Monitoring Program described in
part 300.324(b) of title 50, Code of Federal
Regulations (or any successor regulation).
(3) Effect of certification determination.--
(A) Effect of negative certification.--The
provisions of subsections (a) and (b)(3) and
(4) of section 101 of the High Seas Driftnet
Fisheries Enforcement Act (16 U.S.C. 1826a(a)
and (b)(3) and (4)) shall apply to any nation
that, after being identified and warned 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 subsections (a) and (b)(3) and
(4) of section 101 of the High Seas Driftnet
Fisheries Enforcement Act (16 U.S.C. 1826a(a)
and (b)(3) and (4)) shall not apply to any
nation identified under subsection (a) for
which the Secretary has issued a positive
certification under this subsection.
[(e) Illegal, Unreported, or Unregulated Fishing Defined.--
[(1) In general.--In this Act the term `illegal,
unreported,or unregulated fishing' has the meaning
established under paragraph (2).
[(2) Secretary to define term within legislative
guidelines.--Within 3 months after the date of
enactment of theMagnuson-Stevens Fishery Conservation
and Management Reauthorization Act of 2006, the
Secretary shall publish adefinition of the term
`illegal, unreported, or unregulated fishing' for
purposes of this Act.
[(3) Guidelines.--The Secretary shall include in the
definition,at a minimum--
[(A) fishing activities that violate
conservation andmanagement measures required
under an international fishery management
agreement to which the United Statesis a party,
including catch limits or quotas, capacity
restrictions, bycatch reduction requirements,
and shark conservation measures;
[(B) overfishing of fish stocks shared by the
UnitedStates, for which there are no applicable
international conservation or management
measures or in areas with noapplicable
international fishery management organization
or agreement, that has adverse impacts on such
stocks;and
[(C) fishing activity that has an adverse
impact onseamounts, hydrothermal vents, and
cold water corals located beyond national
jurisdiction, for which there areno applicable
conservation or management measures or in areas
with no applicable international fishery
managementorganization or agreement.]
(e) Illegal, Unreported, or Unregulated Fishing Defined.--In
this title, the term ``illegal, unreported, or unregulated
fishing'' means any activity set out in paragraph 3 of the 2001
Food and Agriculture Organization International Plan of Action
to Prevent, Deter and Eliminate Illegal, Unreported, and
Unregulated Fishing.
(f) Authorization of appropriations.--There are authorizedto
be appropriated to the Secretary for fiscal years 2007 through
2013 such sums as are necessary to carry out this section.
SEC. 610. EQUIVALENT CONSERVATION MEASURES.
[(a) Identification.--The Secretary shall identify, and list
inthe report under section 607--
[(1) a nation if--
[(A) fishing vessels of that nation are
engaged, or have been engaged during the
preceding 3 years in fishing activities or
practices--
[(i) in waters beyond any national
jurisdiction thatresult in bycatch of a
protected living marine resource; or
[(ii) beyond the exclusive economic
zone of the UnitedStates that result in
bycatch of a protected living marine
resource shared by the United States;
[(B) the relevant international organization
for the conservationand protection of such
resources or the relevant international or
regional fishery organization has failed to
implementeffective measures to end or reduce
such bycatch, or the nation is not a party to,
or does not maintain cooperatingstatus with,
such organization; and
[(C) the nation has not adopted a regulatory
program governingsuch fishing practices
designed to end or reduce such bycatch that is
comparable to that of the United States,
takinginto account different conditions.
[(2) a nation if--
[(A) fishing vessels of that nation are
engaged, or havebeen engaged during the
preceding 3 years, in fishing activities or
practices in waters beyond any national
jurisdiction that target or incidentally catch
sharks; and
[(B) the nation has not adopted a regulatory
programto provide for the conservation of
sharks, 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, that is comparable to that of the
United States,taking into account different
conditions.
[(b) Consultation and Negotiation.--The Secretary,
actingthrough the Secretary of State, shall--
[(1) notify, as soon as possible, the President and
nations that have been identified under subsection (a),
and also notify other nations whose vessels engage in
fishing activities or practices described in subsection
(a), about the provisions of this section and this Act;
[(2) initiate discussions as soon as possible with
all foreigngovernments which are engaged in, or which
have persons or companies engaged in, fishing
activities or practicesdescribed in subsection (a), for
the purpose of entering into bilateral and multilateral
treaties with such countries to protectsuch species;
[(3) seek agreements calling for international
restrictionson fishing activities or practices
described in subsection (a) through the United Nations,
the Food and Agriculture Organization's Committee on
Fisheries, and appropriate internationalfishery
management bodies; and
[(4) initiate the amendment of any existing
internationaltreaty for the protection and conservation
of such species to which the United States is a party
in order to make suchtreaty consistent with the
purposes and policies of this section.]
(a) Identification.--
(1) In general.--The Secretary shall identify and
list in the report under section 607--
(A) a nation if--
(i) any fishing vessel of that
country is engaged, or has been engaged
during the preceding 3 years in fishing
activities or practices on the high
sees or within the exclusive economic
zone of another country, that have
resulted in bycatch of a protected
living marine resource; and
(ii) the vessel's flag state has not
adopted, implemented, and enforced a
regulatory program governing such
fishing designed to end or reduce such
bycatch that is comparable to the
regulatory program of the United
States; and
(B) a nation if--
(i) any fishing vessel of that
country is engaged, or has engaged
during the preceding 3 years, in
fishing activities on the high sees or
within the exclusive economic zone of
another country that target or
incidentally catch sharks; and
(ii) the vessel's flag state has not
adopted, implemented, and enforced a
regulatory program to provide for the
conservation 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
Secretary has sufficient information to make such
identification.
(b) Consultation and Negotiation.--The Secretary of State,
acting in conjunction with the Secretary, shall--
(1) notify, as soon as possible, the President,
nations that have been identified under subsection (a),
and other nations whose vessels engage in fishing
activities or practices described in subsection (a),
about the provisions of this Act;
(2) initiate discussions as soon as possible with all
foreign countries which are engaged in, or a fishing
vessel of which has engaged in, fishing activities
described in subsection (a), for the purpose of
entering into bilateral and multilateral treaties with
such countries to protect such species and to address
any underlying failings or gaps that may have
contributed to identification under this Act;
(3) seek agreements calling for international
restrictions on fishing activities or practices
described in subsection (a) through the United Nations,
the Food and Agriculture Organization's Committee on
Fisheries, and appropriate international fishery
management bodies; and
(4) 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 policies 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, United States Code, for
determining whether the government of a harvesting
nation identified under subsection (a) and listed in
the report under section 607--
(A) has provided documentary evidence of the
adoption of a regulatory program governing the
conservation of the protected living marine
resource that is comparable to that of the
United States[, taking into account different
conditions,] and which, in the case of pelagic
long line fishing, includes mandatory use of
circle hooks, careful handling 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
conservation 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 described in paragraph
(1)(B).
(4) 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 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
conditions]; and
(B) include the gathering of species specific
data that can be used to support international
and regional stock assessments and conservation
efforts for protected living marine
resources[.]; and
(C) ensures that any such fish or fish
products authorized for entry under this
section are imported consistent with the
reporting and the recordkeeping requirements of
the Seafood Import Monitoring Program
established by part 300.324(b) of title 50,
Code of Federal Regulations (or any successor
regulations).
(5) Effect of certification.--The provisions of
section101(a) and section 101(b)(3) and (4) of this Act
(16 U.S.C. 1826a(a), (b)(3), and (b)(4)) [(except to
the extent that such provisions apply to sport fishing
equipment or fish or fish products not caught by the
vessels engaged in illegal, unreported, or unregulated
fishing)] 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 subsection (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--
(1) provide appropriate assistance to nations
identified by the Secretary under subsection (a) and
international organizations of which those nations are
members to assist those nations in qualifying for
certification under subsection (c);
(2) undertake, where appropriate, cooperative
research activities on species statistics and improved
harvesting techniques, with those nations or
organizations;
(3) encourage and facilitate the transfer of
appropriate technology to those nations or
organizations to assist those nations in qualifying for
certification under subsection (c); and
(4) provide assistance to those nations or
organizations in designing and implementing appropriate
fish harvesting plans.
(e) Protected Living Marine Resource Defined.--In this
section the term ``protected living marine resource''--
(1) means non-target fish, sea turtles, or marine
mammals that are protected under United States law or
international agreement, including the Marine Mammal
Protection Act, the Endangered Species Act, the Shark
Finning Prohibition Act, and the Convention on
International Trade in Endangered Species of Wild Flora
and Fauna; but
(2) does not include species, except sharks, managed
under the Magnuson-Stevens Fishery Conservation and
Management Act, the Atlantic Tunas Convention Act, or
any international fishery management agreement.
(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.
* * * * * * *
----------
MARITIME SAFE ACT
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
* * * * * * *
TITLE XXXV--MARITIME MATTERS
* * * * * * *
Subtitle C--Maritime SAFE Act
* * * * * * *
PART II--ESTABLISHMENT OF INTERAGENCY WORKING GROUP ON IUU FISHING
SEC. 3551. INTERAGENCY WORKING GROUP ON IUU FISHING.
(a) In General.--There is established a collaborative
interagency working group on maritime security and IUU fishing
(referred to in this subtitle as the ``Working Group'').
(b) Members.--The members of the Working Group shall be
composed of--
(1) 1 chair, who shall rotate between the Secretary
of the Department in which the Coast Guard is
operating, acting through the Commandant of the Coast
Guard, the Secretary of State, and the National
Oceanographic and Atmospheric Administration, acting
through the Administrator, on a 3-year term;
(2) 2 deputy chairs, who shall be appointed by their
respective agency heads and shall be from a different
Department than that of the chair, from--
(A) the Coast Guard;
(B) the Department of State; and
(C) the National Oceanic and Atmospheric
Administration;
(3) 12 members, who shall be appointed by their
respective agency heads, from--
(A) the Department of Defense;
(B) the United States Navy;
(C) the United States Agency for
International Development;
(D) the United States Fish and Wildlife
Service;
(E) the Department of Justice;
(F) the Department of the Treasury;
(G) U.S. Customs and Border Protection;
(H) U.S. Immigration and Customs Enforcement;
(I) the Federal Trade Commission;
(J) the Department of Agriculture;
(K) the Food and Drug Administration; and
(L) the Department of Labor;
(4) 1 or more members from the intelligence community
(as defined in section 3 of the National Security Act
of 1947 (50 U.S.C. 3003)), who shall be appointed by
the Director of National Intelligence; and
(5) 5 members, who shall be appointed by the
President, from--
(A) the National Security Council;
(B) the Council on Environmental Quality;
(C) the Office of Management and Budget;
(D) the Office of Science and Technology
Policy; and
(E) the Office of the United States Trade
Representative.
(c) Responsibilities.--The Working Group shall ensure an
integrated, Federal Government-wide response to IUU fishing
globally, including by--
(1) improving the coordination of Federal agencies to
identify, interdict, investigate, prosecute, and
dismantle IUU fishing operations and organizations
perpetrating and knowingly benefitting from IUU
fishing;
(2) assessing areas for increased interagency
information sharing on matters related to IUU fishing
and related crimes;
(3) establishing standards for information sharing
related to maritime enforcement;
(4) developing a strategy to determine how military
assets and intelligence can contribute to enforcement
strategies to combat IUU fishing;
(5) increasing maritime domain awareness relating to
IUU fishing and related crimes and developing a
strategy to leverage awareness for enhanced enforcement
and prosecution actions against IUU fishing;
(6) supporting the adoption and implementation of the
Port State Measures Agreement in relevant countries and
assessing the capacity and training needs in such
countries;
(7) outlining a strategy to coordinate, increase, and
use shiprider agreements between the Department of
Defense or the Coast Guard and relevant countries;
(8) enhancing cooperation with partner governments to
combat IUU fishing;
(9) identifying opportunities for increased
information sharing between Federal agencies and
partner governments working to combat IUU fishing;
(10) consulting and coordinating with the seafood
industry and nongovernmental stakeholders that work to
combat IUU fishing;
(11) supporting the work of collaborative
international initiatives to make available certified
data from state authorities about vessel and vessel-
related activities related to IUU fishing;
(12) supporting the identification and certification
procedures to address IUU fishing in accordance with
the High Seas Driftnet Fishing Moratorium Protection
Act (16 U.S.C. 1826d et seq.); [and]
(13) publishing annual reports summarizing
nonsensitive information about the Working Group's
efforts to investigate, enforce, and prosecute groups
and individuals engaging in IUU fishing[.];
(14) developing a strategy for leveraging enforcement
capacity against illegal, unreported, or unregulated
fishing and increasing enforcement and other actions
across relevant import control and assessment programs
including--
(A) the Seafood Import Monitoring Program
described in part 300.324(b) of title 50, Code
of Federal Regulations (or any successor
regulation);
(B) the List of Goods Produced by Child Labor
or Forced Labor produced pursuant to section
105 of the Trafficking Victims Protection
Reauthorization Act of 2005 (22 U.S.C. 7112);
(C) the List of Nations with vessels engaged
in illegal, unreported, or unregulated fishing
pursuant to section 607 of the High Seas
Driftnet Fishing Moratorium Protection Act (16
U.S.C. 1826h);
(D) the Trafficking in Persons Report
required by section 110 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C.
7107);
(E) U.S. Customs and Border Protection's
Forced Labor Division and enforcement
activities and regulations authorized under
Section 307 of the Tariff Act of 1930 (19
U.S.C. 1307); and
(F) other relevant programs of Working Group
member agencies; and
(15) assessing areas for increased information
sharing and collaboration among Federal Working Group
member agencies and State-based enforcement, wildlife,
and fisheries management agencies to identify,
interdict, investigate, and prosecute illegal,
unreported, or unregulated fishing and fraudulent
seafood imports into the United States that were a
product of such fishing, including through
implementation of the Seafood Import Monitoring
Program. The Federal Working Group shall emphasize
developing, updating, and employing risk screens to
analyze harvest, traceability, and verification and
certification information in real time as a key pathway
to trigger product audits and enforcement actions.
SEC. 3552. STRATEGIC PLAN.
(a) Strategic Plan.--Not later than 2 years after the date of
the enactment of this title, the Working Group, after
consultation with the relevant stakeholders, shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate, the Committee on Foreign Relations of the Senate, the
Committee on Appropriations of the Senate, the Committee on
Transportation and Infrastructure of the House of
Representatives, the Committee on Natural Resources of the
House of Representatives, the Committee on Foreign Affairs of
the House of Representatives, and the Committee on
Appropriations of the House of Representatives a 5-year
integrated strategic plan on combating IUU fishing and
enhancing maritime security, including specific strategies with
monitoring benchmarks for addressing IUU fishing in priority
regions.
(b) Identification of Priority Regions and Priority Flag
States.--
(1) In general.--The strategic plan submitted under
subsection (a) shall identify priority regions and
priority flag states to be the focus of assistance
coordinated by the Working Group under section 3551.
(2) Priority region selection criteria.--In selecting
priority regions under paragraph (1), the Working Group
shall select regions that--
(A) are at high risk for IUU fishing activity
or the entry of illegally caught seafood into
their markets; and
(B) lack the capacity to fully address the
issues described in subparagraph (A).
(3) Priority flag states selection criteria.--In
selecting priority flag states under paragraph (1), the
Working Group shall select countries--
(A) the flagged vessels of which actively
engage in, knowingly profit from, or are
complicit in IUU fishing; and
(B) that lack the capacity to police their
fleet.
(c) Strategies To Optimize Data Collection, Sharing, and
Analysis.--
(1) In general.--The strategic plan submitted under
subsection (a) shall identify information and resources
to prevent illegal, unreported, or unregulated fishing
or fraudulently labeled or otherwise misrepresented
seafood from entering United States commerce. The
report shall include a timeline for implementation of
recommendations with respect to each of the following:
(A) Identification of relevant data streams
collected by Working Group members.
(B) Identification of legal, jurisdictional,
or other barriers to the sharing of such data.
(C) Strategies for integrating data streams
through the International Trade Data System
Automated Commercial Environment or other
relevant digital platforms.
(D) Recommendations for enhancing the
automated risk targeting and effectiveness of
risk analysis and detection of illegal,
unauthorized, or unreported fishing and
fraudulent seafood through the Seafood Import
Monitoring Program.
(E) Recommendations for improving the utility
and effectiveness of the Commercial Targeting
and Analysis Center in detecting illegal,
unauthorized, or unreported fishing and
fraudulent products through adoption of these
strategies or other enhancements.
(F) Recommendations for joint enforcement
protocols, collaboration, and information
sharing between Federal agencies and States.
(G) Recommendations for sharing and
developing forensic resources between Federal
agencies and States.
(H) Recommendations for enhancing capacity
for U.S. Customs and Border Protection and
National Oceanic and Atmospheric Administration
to conduct field investigations and to
coordinate enforcement efforts with State
enforcement officials.
(I) An implementation strategy, with
milestones and deadlines and specific budgetary
requirements, for implementing recommendations
described in the report.
(2) Progress report.--Not later than 2 years after
submission of the 5-year integrated strategic plan, the
Working Group shall submit a report to the Committee on
Commerce, Science, and Transportation of the Senate,
the Committee on Foreign Relations of the Senate, the
Committee on Appropriations of the Senate, the
Committee on Transportation and Infrastructure of the
House of Representatives, the Committee on Natural
Resources of the House of Representatives, the
Committee on Foreign Affairs of the House of
Representatives, and the Committee on Appropriations of
the House of Representatives on progress in
implementing the recommendations described in this
subsection.
* * * * * * *
----------
TITLE 46, UNITED STATES CODE
* * * * * * *
SUBTITLE VII--SECURITY AND DRUG ENFORCEMENT
* * * * * * *
CHAPTER 701--PORT SECURITY
* * * * * * *
SUBCHAPTER I--GENERAL
* * * * * * *
Sec. 70114. Automatic identification systems
(a) System Requirements.--(1) Subject to paragraph (2), the
following vessels[, while operating on the navigable waters of
the United States,] shall be equipped with and operate an
automatic identification system under regulations prescribed by
the Secretary:
(A) While operating on the navigable waters of the
United States:
[(A)] (i) A self-propelled commercial vessel
of at least 65 feet overall in length.
[(B)] (ii) A vessel carrying more than a
number of passengers for hire determined by the
Secretary.
[(C)] (iii) A towing vessel of more than 26
feet overall in length and 600 horsepower.
[(D)] (iv) Any other vessel for which the
Secretary decides that an automatic
identification system is necessary for the safe
navigation of the vessel.
(B) A vessel of the United States that is more than
65 feet overall in length, while engaged in fishing,
fish processing, or fish tendering operations on the
navigable waters of the United States or in the United
States exclusive economic zone.
(2) The Secretary may--
(A) exempt a vessel from paragraph (1) if the
Secretary finds that an automatic identification system
is not necessary for the safe navigation of the vessel
on the waters on which the vessel operates; and
(B) waive the application of paragraph (1) with
respect to operation of vessels on navigable waters of
the United States specified by the Secretary if the
Secretary finds that automatic identification systems
are not needed for safe navigation on those waters.
(b) Regulations.--The Secretary shall prescribe regulations
implementing subsection (a), including requirements for the
operation and maintenance of the automatic identification
systems required under subsection (a).
* * * * * * *
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
DISSENTING VIEWS
H.R. 3075, while well intentioned, could create severe
financial and administrative burdens on much of our domestic
fishing and aquaculture industries, stifle job creation in the
industry, and it could raise food costs for American consumers.
The central premise of H.R. 3075 is to expand the federal
Seafood Import Monitoring Program (SIMP). The National Oceanic
and Atmospheric Administration's (NOAA's) National Marine
Fisheries Service (NMFS) administratively created SIMP as a
risk-based traceability program that established reporting and
recordkeeping requirements intended to prevent imported
illegal, unreported, and unregulated (IUU) fish and fish
products or misrepresented seafood from entering U.S.
commerce.\1\ Currently, SIMP applies to thirteen species groups
which were determined by NMFS to be most at-risk of IUU fishing
and seafood fraud.\2\ These thirteen species groups comprise
over 1,100 individual species and accounted for 45 percent by
volume and 47 percent by value of all U.S. seafood imports in
2020.\3\ The data collected through SIMP includes vessel name
and flag state, product location, date of harvest, but also
include proprietary information such as gear type and details
on processing equipment.\4\ U.S. seafood companies must
maintain chain of custody documents to substantiate to NMFS the
reported information.\5\
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\1\50 CFR 300.320-300.325.
\2\With the exception of shrimp and abalone, which were
legislatively added by Congress by Section 539 of the Consolidated
Appropriations Act of 2018 on March 23, 2018.
\3\Statement of Ms. Janet Coit, Assistant Administrator for
Fisheries, National Oceanic and Atmospheric Administration, before the
Natural Resources Committee, July 29, 2021.
\4\NOAA--SIMP Implementation Report, 2021.
\5\Statement of John P. Connelly President, National Fisheries
Institute, before the Natural Resources Committee, November 14, 2019.
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H.R. 3075 would expand the reporting requirements for SIMP,
make all imported seafood and seafood products subject to the
program (regardless of IUU or seafood fraud risk) and would
require the collection of data regarding labor conditions in
the harvest, shipment, and processing of imported seafood and
seafood products. The Committee has heard from multiple
stakeholder groups expressing concerns with this legislation,
in particular the expansion of SIMP to approximately 13,000
species.
Any discussion of seafood trade must recognize that seafood
supply chains are complex and flow in all directions. It is
routine and common for seafood caught and landed in one country
to be shipped to another country for processing. In fact, this
is the case for some U.S.-caught seafood. An estimated $695
million by value of seafood harvested in the U.S. by U.S.
commercial fisheries are exported to other countries for
further processing before being imported back into the U.S.
market.\6\ This U.S.-caught seafood is treated the same as
foreign-caught seafood under SIMP. For example, companies that
process U.S.-caught Pacific cod overseas ``spend large amounts
of time and money sharing with a U.S. government agency
documents issued by a U.S. government agency (in some cases the
same agency), and fly-specking hundreds of pages of
documentation for typographical or administrative errors
bearing no relation to actual illegal fishing by the
responsible U.S. harvester,'' according to the National
Restaurant Association and others.\7\ Expanding SIMP to include
salmon, lobster, crabs, flounder, and other species that are
caught in the U.S. but processed overseas will not only
negatively impact American fishermen but increase costs for
consumers.
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\6\USITC, Seafood Obtained via Illegal, Unreported, and Unregulated
Fishing: U.S. Imports and Economic Impact on U.S. Commercial Fisheries,
Inv. 332-575, Publ.5168 (February 2021).
\7\https://restaurant.org/nra/media/downloads/pdfs/advocacy/2021/
letter-to-chair-regarding-hr30 75.pdf.
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The documentation needed to comply with SIMP is already
significant. A letter from the National Customs Brokers and
Forwarders Association of America (NCBFAA) describes the
logistical and paperwork issues created by the existing SIMP
and warned that expansion would create regulatory chaos. NCBFAA
explained that ``A single fishing vessel may be out at sea for
six to eight weeks at a time catching up to 350 tons of fish
from 20 to 30 different locations. So, for example, when a
typical shipment of canned seafood arrives in the U.S., it may
consist of 20 containers holding 60,000 tins. The seafood in
these products may easily have originated from 10 or 12
different vessels catching fish from over a hundred different
locations. So, for this one typical customs entry, 15
additional data elements explode into thousands of data
elements at entry, as all these variations are accounted
for.''\8\ NOAA has expressed similar concerns stating that
``expanding the program to cover species that are not at risk
of IUU fishing would not be an effective use of federal
resources, would impose additional burdens on importers and
would add to the cost of imported seafood.''\9\ Furthermore,
NOAA stated that ``SIMP does not prevent or stop IUU fish and
fish products from entering U.S. Commerce'' and concluded that
the program should continue to be employed in a ``risk-based''
manner.\10\
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\8\8 NCBFAA letter, October 8, 2021.
\9\Ms. Alexa Cole, Acting Director, Office of International Affairs
and Seafood Inspection, Question for the Record, November 14, 2019.
\10\NOAA Report on the Implementation of the U.S. Seafood Import
Monitoring Program, April 2021, page 6.
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In addition to increased regulatory requirements, H.R. 3075
could create trade issues that impact domestic fisheries and
aquaculture. Under World Trade Organization (WTO) rules, the
United States cannot impose any requirements on imports that
are not also required for comparable U.S. products.\11\ This is
currently an issue within SIMP as it relates to shrimp and
abalone. NMFS has previously stated that data collection for
aquaculture shrimp and abalone in the U.S. is not equivalent to
the data required to be reported for imports through SIMP.\12\
Since 2018, the agency has been working a proposed rule
establishing reporting requirementsfor domestic aquaculture
shrimp and abalone species to meet import equivalency
requirements.\13\ To date, this rule has not been finalized and
is opposed by the National Aquaculture Association.\14\
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\11\https://www.wto.org/english/tratop_e/sps_e/
equivalence2001_e.htm.
\12\83 FR 17762--Magnuson-Stevens Fishery Conservation and
Management Act; Lifting the Stay on Inclusion of Shrimp and Abalone in
the Seafood Traceability Program.
\13\83 FR 51426--Magnuson-Stevens Fishery Conservation and
Management Act; Traceability Information Program for Seafood.
\14\NAA Comments on U.S. Farm-Raised Shrimp and Abalone
Traceability Rule, November 26, 2018.
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An expansion of SIMP would require NMFS to develop and
establish registration, reporting and recordkeeping
requirements for all domestic seafood species that do not
currently have equivalent data requirements. This includes most
domestic aquaculture, but also species that do not have
Fisheries Management Plans under the MSA, if the species is
also imported. Without it, discrepancies between the treatment
of like products may prompt U.S. trading partners to create new
regulatory barriers to U.S. exports.
SIMP has been online since 2018 and NOAA describes it as
being in a ``nascent stage.''\15\ In a October 8, 2021 letter
to the Committee, the National Restaurant Association, the
National Retail Federation, the Food Industry Association, the
International Food Distributors Association, the National
Council of Chain Restaurants and other food supply and
commercial fishing organizations, wrote: ``If enacted, the
legislation would create a seafood regulatory Bleak House,
generating a never-ending stream of data reporting, audits,
document collection and tracking, and risk management and
logistics nightmares for thousands of companies that have never
been associated with illegal fishing or seafood fraud in any
way--all in service of a program that does not block IUU
fishing from entering the United States.\16\ H.R. 3075 would
significantly expand SIMP, which could force unworkable
mandates on an agency already struggling to carry out the
program.\17\
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\15\Statement of Ms. Janet Coit, Assistant Administrator for
Fisheries, National Oceanic and Atmospheric Administration, before the
Natural Resources Committee, July 29, 2021.
\16\https://restaurant.org/nra/media/downloads/pdfs/advocacy/2021/
letter-to-chair-regarding-hr30 75.pdf, at 6.
\17\Id, at 2.
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H.R. 3075 is well-intended but would be premature and would
significantly increase regulatory burdens for legal U.S.
industries and trade while potentially raising seafood costs.
For these reasons I oppose H.R. 3075.
Bruce Westerman.
[all]