Sec. 103. Illegal, unreported, or unregulated fishing

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Section 608 of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826i ), as amended by section 302(a) of this Act, is further amended by adding at the end the following: The Secretary may— develop, maintain, and make public a list of vessels and vessel owners engaged in illegal, unreported, or unregulated fishing, including vessels or vessel owners identified by an international fishery management organization or arrangement made pursuant to an international fishery agreement, whether or not the United States is a party to such organization or arrangement; take appropriate action against listed vessels and vessel owners, including action against fish, fish parts, or fish products from such vessels, in accordance with applicable United States law and consistent with applicable international law, including principles, rights, and obligations established in applicable international fishery management and trade agreements; and provide notification to the public of vessels and vessel owners identified by international fishery management organizations or arrangements made pursuant to an international fishery agreement as having been engaged in illegal, unreported, or unregulated fishing, as well as any measures adopted by such organizations or arrangements to address illegal, unreported, or unregulated fishing.

Action taken by the Secretary under subsection (c)(2) that includes measures to restrict use of or access to ports or port services shall apply to all ports of the United States and its territories. The Secretary may promulgate regulations to implement subsections

(c)and (d). . Section 609 of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826j ) is amended— in subsection (d)(3)(A)(i), by striking that has not been certified by the Secretary under this subsection, or ; and in subsection (e)(3)— by striking and at the end of subparagraph (B); by striking agreement. and inserting agreement; and ; and by adding at the end the following: to the extent possible— fishing activities conducted in waters under the jurisdiction of a nation without permission of that nation; and fishing activities conducted in contravention of a nation's laws (including regulations), including fishing activity that has not been reported or that has been misreported to the relevant national authority of a nation in contravention of that nation's laws (including regulations). . Section 610(c)(5) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(c)(5)) is amended by striking that has not been certified by the Secretary under this subsection, or . Section 101 of the High Seas Driftnet Fisheries Enforcement Act ( 16 U.S.C. 1826a ) is amended— in subsection (a), by striking paragraph

(2)and inserting the following: The Secretary of the Treasury shall, in accordance with recognized principles of international law— withhold or revoke the clearance required by section 60105 of title 46, United States Code, for— any large-scale driftnet fishing vessel that is documented under the law of the United States or of a nation included on a list published under paragraph (1); or any fishing vessel of a nation that receives 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) or 1826k(c)); and deny entry of that vessel to any place in the United States and to the navigable waters of the United States, except for the purpose of inspecting the vessel, conducting an investigation, or taking other appropriate enforcement action. ; and in subsection (b)— by striking or illegal, unreported, or unregulated fishing each place it appears in paragraphs

(1)and (2); by striking paragraph (3)(A) and inserting the following: The President 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 a nation— upon receipt of notification of the identification of the nation under paragraph (1)(A); if the consultations with the government of the nation under paragraph

(2)are not satisfactorily concluded within ninety days; or upon receipt of notification of a negative certification under section 609(d)(1) or 610(c)(1) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(d)(1) and 1826k(c)(1)). ; by inserting or after issuing a negative certification under section 609(d)(1) or 610(c)(1) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(d)(1) and 1826k(c)(1)), after paragraph (1), in paragraph (4)(A); and by striking paragraph (4)(A)(i) and inserting the following: 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; to address illegal, unreported, or unregulated fishing activities for which a nation has been identified under section 609 of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826j ); or to address bycatch of a protected living marine resource for which a nation has been identified under section 610 of such Act ( 16 U.S.C. 1826k ); or . Section 102 of the High Seas Driftnet Fisheries Enforcement Act ( 16 U.S.C. 1826b ) is amended by striking such nation has terminated large-scale driftnet fishing or illegal, unreported, or unregulated fishing by its nationals and vessels beyond the exclusive economic zone of any nation. and inserting such nation— has terminated large-scale driftnet fishing by its nationals and vessels beyond the exclusive economic zone of any nation; has addressed illegal, unreported, or unregulated fishing activities for which a nation has been identified under section 609 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j); or has addressed bycatch of a protected living marine resource for which a nation has been identified under section 610 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k). .

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Sec. 103

Illegal, unreported, or unregulated fishing

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