Sec. 11337. Identification and certification criteria
508 words·~2 min read·
/bill/117/hr/7776/eah/section-11337A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 609(a) of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826j(a) ) is amended— by striking paragraph
(2)and inserting the following: The Secretary shall identify, and list in such report, a nation engaging in or endorsing illegal, unreported, or unregulated fishing. In determining which nations to list in such report, the Secretary shall consider the following: Any nation that is violating, or has violated at any point during the 3 years preceding the date of the determination, conservation and management measures, including catch and other data reporting obligations and requirements, required under an international fishery management agreement to which the United States is a party. Any nation that is failing, or has failed in the 3-year period preceding the date of the determination, to effectively address or regulate illegal, unreported, or unregulated fishing within its fleets in any areas where its vessels are fishing. 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. Any nation that has been identified as producing for export to the United States seafood-related goods through forced labor or oppressive child labor (as those terms are defined in section 11329 of the Don Young Coast Guard Authorization Act of 2022 ) in the most recent List of Goods Produced by Child Labor or Forced Labor in accordance with the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7101 et seq. ). ; and by adding at the end the following: The Secretary shall make an identification under paragraph
(1)or
(2)at any time that the Secretary has sufficient information to make such identification. . Section 609 of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826j ) is amended— in subsection
(d)by striking paragraph
(3)and inserting the following: The provisions of subsection
(a)and paragraphs
(3)and
(4)of subsection
(b)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 notified under subsection
(b)has failed to take the appropriate corrective actions for which the Secretary has issued a negative certification under this subsection. The provisions of subsection
(a)and paragraphs
(3)and
(4)of subsection
(b)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. ; by redesignating subsections
(e)and
(f)as subsections
(f)and (g), respectively; and by inserting after subsection
(d)the following: The Secretary shall ensure that seafood or seafood products authorized for entry under this section are imported consistent with the reporting and the recordkeeping requirements of the Seafood Import Monitoring Program described in part 300.324(b) of title 50, Code of Federal Regulations (or any successor regulation). .
Connectionstraces to 3
Citation graph
cites case law
Cites 3Cited by 0 across 0 sources