Biennial report on international compliance

16 U.S.C. § 1826h

• Title: 16 — Conservation
• Chapter: SUBCHAPTER III—FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS

Text

(a) In general
The Secretary, in consultation with the Secretary of State, shall provide to Congress, by not later than 2 years after January 12, 2007, and every 2 years thereafter, on June 1 of that year a report that includes—
(1) the state of knowledge on the status of international living marine resources shared by the United States or subject to treaties or agreements to which the United States is a party, including a list of all such fish stocks classified as overfished, overexploited, depleted, endangered, or threatened with extinction by any international or other authority charged with management or conservation of living marine resources;
(2) a list of nations that have been identified under section 1826j(a) or 1826k(a) of this title, including the specific offending activities and any subsequent actions taken pursuant to section 1826j or 1826k of this title;
(3) a description of efforts taken by nations on those lists to comply take appropriate corrective action consistent with sections 1826j and 1826k of this title, and an evaluation of the progress of those efforts, including steps taken by the United States to implement those sections and to improve international compliance;
(4) progress at the international level, consistent with section 1826i of this title, to strengthen the efforts of international fishery management organizations to end illegal, unreported, or unregulated fishing; and
(5) steps taken by the Secretary at the international level to adopt international measures comparable to those of the United States to reduce impacts of fishing and other practices on protected living marine resources, if no international agreement to achieve such goal exists, or if the relevant international fishery or conservation organization has failed to implement effective measures to end or reduce the adverse impacts of fishing practices on such species.
(b) Additional information
In addition to the information described in paragraphs (1) through (5) of subsection (a), the report shall include—
(1) a description of the actions taken to carry out the provisions of section 1826 of this title, including—
(A) an evaluation of the progress of those efforts, the impacts on living marine resources, including available observer data, and specific plans for further action;
(B) a list and description of any new fisheries developed by nations that conduct, or authorize their nationals to conduct, large-scale driftnet fishing beyond the exclusive economic zone of any nation; and
(C) a list of the nations that conduct, or authorize their nationals to conduct, large-scale driftnet fishing beyond the exclusive economic zone of any nation in a manner that diminishes the effectiveness of or is inconsistent with any international agreement governing large-scale driftnet fishing to which the United States is a party or otherwise subscribes; and
(2) a description of the actions taken to carry out the provisions of section 1822(h) of this title.
(c) Certification
If, at any time, the Secretary, in consultation with the Secretary of State and the Secretary of the department in which the Coast Guard is operating, identifies any nation that warrants inclusion in the list described under subsection (b)(1)(C), due to large scale drift net fishing, the Secretary shall certify that fact to the President. Such certification shall be deemed to be a certification for the purposes of section 1978(a) of title 22.

History

(Pub. L. 104–43, title VI, §607, as added Pub. L. 109–479, title IV, §403(a), Jan. 12, 2007, 120 Stat. 3626; amended Pub. L. 114–81, title I, §101(i)(1), Nov. 5, 2015, 129 Stat. 655; Pub. L. 114–327, title IV, §401(b), Dec. 16, 2016, 130 Stat. 1994; Pub. L. 117–328, div. S, title II, §205(b)(2), Dec. 29, 2022, 136 Stat. 5270.)

Editorial Notes

Editorial Notes

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.

Amendments
2022—Pub. L. 117–328, §205(b)(2), designated existing provisions as subsec. (a), inserted heading, added subsecs. (b) and (c), and realigned margins.
2016—Pub. L. 114–327, in introductory provisions, inserted "on June 1 of that year" after "every 2 years thereafter,".
2015—Par. (2). Pub. L. 114–81 substituted "that" for "whose vessels".