§1826j Illegal, Unreported, or Unregulated Fishing

section 11329 of the Don Young Coast Guard Authorization Act of 2022, referred to in subsec. (a)(2)(D), is section 11329 of div. K of Pub. L. 117–263, which is set out as a note under section 1885a of this title. The Trafficking Victims Protection Act of 2000, referred to in subsec. (a)(2)(D), is div. A of Pub. L. 106–386, Oct. 28, 2000, 114 Stat. 1466, which is classified principally to chapter 78 (§ 7101 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see

note set out under section 7101 of Title 22 and Tables. This Act, referred to in subsecs. (a)(3) and (e)(1), (2), probably means title VI of Pub. L. 104–43, Nov. 3, 1995, 109 Stat. 391, known as the High Seas Driftnet Fishing Moratorium Protection Act, which is classified generally to sections 1826d to 1826k of this title. For complete classification of title VI to the Code, see

of 1995 Amendment note set out under section 1801 of this title and Tables. Codification Section was enacted as part of the High Seas Driftnet Fishing Moratorium Protection Act, and also as part of the Fisheries Act of 1995, and not as part of the Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.

2022—Subsec. (a)(2). Pub. L. 117–263, § 11337(a)(1), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “Taking into account the factors described under subsection (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).” Subsec. (a)(4). Pub. L. 117–263, § 11337(a)(2), added par. (4). Subsec. (d)(3). Pub. L. 117–263, § 11337(b)(1), added par. (3) and struck out former par. (3) which related to effect of certification. Subsecs. (e) to (g). Pub. L. 117–328, § 401(1), redesignated subsecs. (f) and (g) as (e) and (f), respectively, and struck out former subsec. (e) which related to recordkeeping requirements. Pub. L. 117–263, § 11337(b)(2), (3), added subsec. (e) and redesignated former subsecs. (e) and (f) as (f) and (g), respectively. 2016—Subsec. (a)(1). Pub. L. 114–327 substituted “any fishing vessel of that nation is engaged, or has” for “fishing vessels of that nation are engaged, or have” in introductory provisions. 2015—Subsec. (a). Pub. L. 114–81, § 101(g)(1), (2), designated existing provisions as par. (1), inserted heading, and, in introductory provisions, inserted “, based on a cumulative compilation and analysis of data collected and provided by international fishery management organizations and other nations and organizations,” after “shall” and substituted “3 years” for “2 years”; redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), realigned margins, and, in subpar. (A), inserted “that undermines the effectiveness of measures required by an international fishery management organization, taking into account whether” before “the relevant” and struck out “vessels of” after “activity by”; and added pars. (2) and (3). Subsec. (b). Pub. L. 114–81, § 101(c), amended subsec. (b) generally. Prior to amendment, text read as follows: “An identification under subsection (a) or section 1826k(a) of this title is deemed to be an identification under section 1826a(b)(1)(A) of this title, and the Secretary shall notify the President and that nation of such identification.” Subsec. (d)(1). Pub. L. 114–81, § 101(i)(2), struck out “of its fishing vessels” after “offending activities” in introductory provisions. Subsec. (d)(1)(A). Pub. L. 114–81, § 101(i)(3), struck out “of its fishing vessels” after “offending activities”. Subsec. (d)(2). Pub. L. 114–81, § 101(i)(4), in introductory provisions, substituted “to authorize” for “for certification”, inserted “the importation” after “or other basis”, struck out “harvesting” before “nation”, and substituted “issued a negative certification under paragraph (1)” for “not certified under paragraph (1)”. Subsec. (d)(3)(A)(i). Pub. L. 114–81, § 101(e), struck out “that has not been certified by the Secretary under this subsection, or” after “subsection (a)”. 2011—Subsec. (e)(3)(A). Pub. L. 111–348 substituted “bycatch reduction requirements, and shark conservation measures;” for “and bycatch reduction requirements;”.

Nothing in amendment by Pub. L. 111–348 to be construed as affecting, altering, or diminishing the authority of the Secretary of Commerce to establish such conservation and management measures as the Secretary considers necessary and appropriate under section 1852(a)(3) and 1854(g) of this title, see section 104 of Pub. L. 111–348, set out as a note under section 1826i of this title.