IB 

Union Calendar No. 493 

117TH CONGRESS 

2D SESSION H. R. 3075 

[Report No. 117–674, Part I] 

To address seafood slavery and combat illegal, unreported, or unregulated 

fishing, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 11, 2021 

Mr. HUFFMAN (for himself and Mr. GRAVES of Louisiana) introduced the following bill; which 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, for a period 

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

DECEMBER 30, 2022 

Additional sponsors: Mr. PALAZZO, Mr. CASE, Ms. NORTON, Mr. 

LOWENTHAL, Ms. BARRAGA ́N, Mr. BLUMENAUER, Mr. MOORE of Alabama, Mr. DEFAZIO, Ms. TITUS, Mr. SABLAN, Ms. ROSS, Ms. 

BROWNLEY, Mr. FITZPATRICK, Mr. QUIGLEY, Mr. KILMER, Ms. 

JAYAPAL, Mr. CRIST, and Mr. MRVAN


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DECEMBER 30, 2022 

Reported from the Committee on Natural Resources with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

DECEMBER 30, 2022 

Committees on Ways and Means, Transportation and Infrastructure, Agriculture, and Energy and Commerce discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be 

printed 

[For text of introduced bill, see copy of bill as introduced on May 11, 2021] 

A BILL 

To address seafood slavery and combat illegal, unreported, 

or unregulated fishing, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Illegal Fishing and 

5 Forced Labor Prevention Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act, the following definitions apply: 

8 (1) OPPRESSIVE CHILD LABOR.—The term ‘‘op9 pressive child labor’’ has the meaning given such term 

10 in section 3 of the Fair Labor Standards Act of 1938 

11 (29 U.S.C. 203). 

12 (2) FORCED LABOR.—The term ‘‘forced labor’’ 

13 means any labor or service provided for or obtained 

14 by any means described in section 1589(a) of title 18, 

15 United States Code. 

16 (3) HUMAN TRAFFICKING.—The term ‘‘human 

17 trafficking’’ has the meaning given the term ‘‘severe 

18 forms of trafficking in persons’’ in section 103 of the 

19 Trafficking Victims Protection Act of 2000 (22 U.S.C. 

20 7102). 

21 (4) ILLEGAL, UNREPORTED, OR UNREGULATED

22 FISHING.—The term ‘‘illegal, unreported, or unregu23 lated fishing’’ has the meaning given such term in 

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1 rium Protection Act (16 U.S.C. 1826j(e)), as amended 

2 by this Act. 

3 (5) SEAFOOD.—The term ‘‘seafood’’ means fish 

4 meal, and all marine animal and plant life meant for 

5 consumption as food other than marine mammals 

6 and birds, including fish, shellfish, shellfish products, 

7 and processed fish. 

8 (6) SEAFOOD FRAUD.—The term ‘‘seafood fraud’’ 

9 means the mislabeling or misrepresentation of the in10 formation required under this Act or other any other 

11 Federal law or international agreement (other than 

12 this Act) pertaining to the import, export, transport, 

13 sale, harvest, processing, or trade of seafood, includ14 ing— 

15 (A) the Magnuson-Stevens Fishery Con16 servation and Management Act (16 U.S.C. 1801 

17 et seq.); 

18 (B) the Lacey Act Amendments of 1981 (16 

19 U.S.C. 3371 et seq.); 

20 (C) the Federal Food, Drug, and Cosmetic 

21 Act (21 U.S.C. 301 et seq.); 

22 (D) the FDA Food Safety Modernization 

23 Act (Public Law 111–353); 

24 (E) the Fair Packaging and Labeling Act 

25 (15 U.S.C. 1451 et seq.); 


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1 (F) subtitle D of the Agricultural Marketing 

2 Act of 1946 (7 U.S.C. 1638 et seq.); 

3 (G) parts 60 and 65 of title 7, Code of Fed4 eral Regulations (or any successor regulations); 

5 (H) part 123 of title 21, Code of Federal 

6 Regulations (or any successor regulations); and 

7 (I) section 216.24 of title 50, Code of Fed8 eral Regulations. 

9 (7) SEAFOOD IMPORT MONITORING PROGRAM.— 

10 The term ‘‘Seafood Import Monitoring Program’’ 

11 means the Seafood Traceability Program established 

12 under section 300.324 of title 50, Code of Federal 

13 Regulations. 

14 (8) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of Commerce, acting through the Ad16 ministrator of the National Oceanic and Atmospheric 

17 Administration. 

18 TITLE I—COMBATING HUMAN 

19 TRAFFICKING THROUGH SEA20 FOOD IMPORT MONITORING 

21 SEC. 101. DEFINITIONS. 

22 In this title, the following additional definitions apply: 

23 (1) COMPETENT AUTHORITY.—The term ‘‘com24 petent authority’’ means government and any third 

25 party that meets certain governing criteria. Such criVerDate Sep 11 2014 21:08 Dec 30, 2022 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H3075.RH H3075

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1 teria shall be established by regulation, after outreach 

2 to key environmental and labor stakeholders. 

3 (2) UNIQUE VESSEL IDENTIFIER.—The term 

4 ‘‘unique vessel identifier’’ means a unique number 

5 that stays with a vessel for the duration of the vessel’s 

6 life, regardless of changes in flag, ownership, name, or 

7 other changes to the vessel. 

8 SEC. 102. EXPANSION OF SEAFOOD IMPORT MONITORING 

9 PROGRAM TO ALL SPECIES. 

10 The Secretary shall, not later than 2 years after the 

11 date of enactment of this Act, expand the Seafood Import 

12 Monitoring Program to apply to all seafood and seafood 

13 products imported into the United States. 

14 SEC. 103. ENHANCEMENT OF SEAFOOD IMPORT MONI15 TORING PROGRAM AUTOMATED COMMERCIAL 

16 ENVIRONMENT MESSAGE SET. 

17 The Secretary of Commerce, acting through the Ad18 ministrator of the National Oceanic and Atmospheric Ad19 ministration, in coordination with the Commissioner of 

20 U.S. Customs and Border Protection, shall, not later than 

21 6 months after the date of enactment of this Act, develop 

22 a strategy to improve the quality and verifiability of al23 ready collected Seafood Import Monitoring Program Mes24 sage Set data elements in the Automated Commercial Envi25 ronment system that prioritizes the use of enumerated data 


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1 types, such as checkboxes, dropdown menus, or radio but2 tons, and any additional elements the Agency finds nec3 essary, among other options, rather than open text fields, 

4 for— 

5 (1) authorization to fish; 

6 (2) unique vessel identifier (if available); 

7 (3) catch document identifier; 

8 (4) location of wild-capture harvest and landing 

9 or aquaculture location; 

10 (5) type of fishing gear used to harvest the fish; 

11 (6) name of farm or aquaculture facility, if ap12 plicable; and 

13 (7) location of aquaculture facility, if applicable. 

14 SEC. 104. ADDITIONAL DATA REQUIREMENTS FOR SEAFOOD 

15 IMPORT MONITORING PROGRAM DATA COL16 LECTION. 

17 (a) IN GENERAL.—Not later than one year after date 

18 of enactment of this Act, the Secretary shall revise section 

19 300.324 of title 50, Code of Federal Regulations, to— 

20 (1) require at the time of entry for imported sea21 food and seafood products— 

22 (A) location of catch or cultivation, includ23 ing— 


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1 (i) geographic location at a resolution 

2 of not less than 1 degree latitude by 1 de3 gree longitude; 

4 (ii) the country code of the Inter5 national Organization for Standardization 

6 if the catch was within the exclusive eco7 nomic zone or territorial waters of a coun8 try; 

9 (iii) if appropriate, the regional fish10 eries management organization or organiza11 tions having jurisdiction over the catch, if 

12 it occurs within the jurisdiction of any re13 gional fisheries management organization; 

14 and 

15 (iv) the Food and Agriculture Organi16 zation major fishing area codes; 

17 (B) electronic reports of chain-of-custody 

18 records that identify, including with unique ves19 sel identifiers when applicable, each custodian of 

20 the seafood, including transshippers, processors, 

21 storage facilities, and distributors and the phys22 ical address of such facilities; 

23 (C) maritime mobile service identity num24 ber of harvesting and transshipment vessels; and 


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1 (D) beneficial owner of each harvesting and 

2 transshipment vessel or aquaculture facility, 

3 when applicable; 

4 (2) require all importers submitting seafood im5 port data to require prior notification and submis6 sion of seafood import data at least 72 hours and no 

7 more than 15 days prior to entry; and 

8 (3) require verification and certification of har9 vest information by competent authorities at all 

10 major transfer points in the supply chain, including 

11 harvest, landing, processing, and transshipment at 

12 the time of entry. 

13 (b) FORCED LABOR.—The Secretary, working in direct 

14 consultation with the Secretary of Homeland Security, De15 partment of Labor, and Department of State, shall, not 

16 later than one year after the date of enactment of this Act, 

17 complete a regulatory process to establish additional key 

18 data elements for the Seafood Import Monitoring Program, 

19 that collect information about labor conditions in the har20 vest, transshipment, and processing of imported fish and 

21 fish products. 

22 (c) INTERNATIONAL FISHERIES TRADE PERMIT.—Not 

23 later than one year after the date of enactment of this Act, 

24 the Secretary shall— 


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1 (1) publish and maintain on the website of the 

2 National Marine Fisheries Service a list of all current 

3 International Fisheries Trade Permit holders, includ4 ing the name of the permit holder and expiration date 

5 of the permit; 

6 (2) begin to revoke, modify, or deny issuance of 

7 an International Fisheries Trade with respect to a 

8 permit holder or applicant that has violated any re9 quirement of section 300.322, 300.323, 300.324, or 

10 300.325 of title 50, Code of Federal Regulations; and 

11 (3) require an International Fisheries Trade 

12 Permit for importers. 

13 SEC. 105. EFFORTS TO IMPROVE DETECTION OF AT-RISK 

14 SEAFOOD IMPORTS. 

15 The Secretary of Commerce, in consultation with the 

16 Secretary of Homeland Security, Secretary of Labor, and 

17 the Secretary of State, shall, not later than one year after 

18 the date of enactment of this Act, finalize a detailed stra19 tegic plan to develop, mature, and adopt artificial intel20 ligence and machine learning technologies to detect imports 

21 of fish and fish products at risk of being associated with 

22 illegal, unreported, or unregulated fishing, human traf23 ficking, forced labor, and seafood fraud, and provide a de24 tailed report of such strategic plan to the Committee on 


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1 Natural Resources of the House of Representatives, and 

2 Committee on Commerce of the Senate. 

3 SEC. 106. IMPORT AUDITS. 

4 (a) AUDIT PROCEDURES.—The Secretary shall, not 

5 later than 1 year after the date of enactment of this Act, 

6 implement procedures to audit information and supporting 

7 records of sufficient numbers of imports of seafood and sea8 food products subject to the Seafood Import Monitoring Pro9 gram to support statistically robust conclusions that the 

10 samples audited are representative of all seafood imports 

11 with respect to a given year. 

12 (b) ANNUAL REVISION.—In developing the procedures 

13 required in subsection (a), the Secretary shall, not less fre14 quently than once each year, revise such procedures to 

15 prioritize for audit those imports originating from coun16 tries— 

17 (1) identified pursuant to sections 609(b) or 

18 610(a) of the High Seas Driftnet Fishing Moratorium 

19 Protection Act (16 U.S.C. 1826j(b) or 1826k(a)) that 

20 have not yet received a subsequent positive certifi21 cation pursuant to sections 609(d) or 610(c) of such 

22 Act, respectively; 

23 (2) identified by an appropriate regional fishery 

24 management organization as being the flag state or 

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1 tries or regional fisheries management organizations 

2 as engaging in illegal, unreported, or unregulated 

3 fishing; 

4 (3) identified as having human trafficking, in5 cluding forced labor, in any part of the seafood sup6 ply chain, including on vessels flagged in such coun7 try and including feed for cultured production, in the 

8 most recent Trafficking in Persons Report issued by 

9 the Department of State in accordance with the Traf10 ficking Victims Protection Act of 2000 (22 U.S.C. 

11 7101 et seq.); 

12 (4) identified as producing goods that contain 

13 seafood using forced labor or oppressive child labor in 

14 the most recent List of Goods Produced by Child 

15 Labor or Forced Labor in accordance with the Traf16 ficking Victims Protection Act (22 U.S.C. 7101 et 

17 seq.); and 

18 (5) identified as at risk for human trafficking, 

19 including forced labor, in their seafood catching and 

20 processing industries by the report required in section 

21 3563 of the National Defense Authorization Act for 

22 Fiscal Year 2020 (Public Law 116–92). 

23 SEC. 107. INTERAGENCY COORDINATION. 

24 The Secretary shall coordinate with the relevant agen25 cies to ensure that data elements described in this title can 


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1 be submitted through the International Trade Data System 

2 Automated Commercial Environment to U.S. Customs and 

3 Border Protection. 

4 SEC. 108. AVAILABILITY OF FISHERIES INFORMATION. 

5 (a) IN GENERAL.—Section 402(b)(1) of the Magnuson6 Stevens Fishery Conservation and Management Act (16 

7 U.S.C. 1881a(b)(1)) is amended by striking ‘‘or’’ after the 

8 semicolon at the end of subparagraph (G), by striking the 

9 period at the end of subparagraph (H) and inserting ‘‘; or’’ 

10 , and by adding at the end the following: 

11 ‘‘(I) to Federal agencies responsible for 

12 screening of imported seafood and for the pur13 pose of carrying out the duties under or with re14 spect to— 

15 ‘‘(i) the Seafood Import Monitoring 

16 Program; 

17 ‘‘(ii) the Antarctic Marine Living Re18 sources Program; 

19 ‘‘(iii) the Tuna Tracking and 

20 Verification Program; 

21 ‘‘(iv) the Atlantic Highly Migratory 

22 Species International Trade Program; 

23 ‘‘(v) the List of Goods Produced by 

24 Child Labor or Forced Labor in accordance 


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1 with the Trafficking Victims Protection Act 

2 of 2000 (22 U.S.C. 7101 et seq.); 

3 ‘‘(vi) the Trafficking in Persons Report 

4 required by section 110 of the Trafficking 

5 Victims Protection Act of 2000 (22 U.S.C. 

6 7107); 

7 ‘‘(vii) enforcement activities and regu8 lations authorized under section 307 of the 

9 Tariff Act of 1930 (19 U.S.C. 1307); and 

10 ‘‘(viii) the taking and related acts in 

11 commercial fishing operations under section 

12 216.24 of title 50, Code of Federal Regula13 tions; 

14 ‘‘(J) to Federal, State and local agencies for 

15 the purposes of verification and enforcement of 

16 title II of this Act; or 

17 ‘‘(K) information that pertains to catch 

18 documentation and legality of catch, if disclosure 

19 of that information would not materially dam20 age the value of catch or business.’’. 

21 (b) IMPLEMENTATION DEADLINE.—Not later than 1 

22 year after the date of enactment of this Act, the Secretary 

23 shall issue regulations implementing the amendments in 

24 this section. 


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1 SEC. 109. REPORT ON SEAFOOD IMPORT MONITORING. 

2 (a) REPORT TO CONGRESS AND PUBLIC AVAILABILITY

3 OF REPORTS.—The Secretary shall, not later than 120 days 

4 after the end of each fiscal year and annually thereafter, 

5 submit to the Committee on Natural Resources of the House 

6 of Representatives and the Committee on Commerce, 

7 Science, and Transportation of the Senate a report that 

8 summarizes the National Marine Fisheries Service’s efforts 

9 to prevent the importation of seafood harvested through ille10 gal, unreported, or unregulated fishing, particularly with 

11 respect to seafood harvested, produced, processed, or manu12 factured by forced labor. Each such report shall be made 

13 publicly available on the Internet website of the National 

14 Oceanic and Atmospheric Administration. 

15 (b) CONTENTS.—Each report submitted under sub16 section (a) shall include— 

17 (1) the volume and value of seafood species sub18 ject to the Seafood Import Monitoring Program, de19 scribed in section 300.324 of title 50, Code of Federal 

20 Regulations, reported by 10-digit Harmonized Tariff 

21 Schedule of the United States codes, imported during 

22 the previous fiscal year; 

23 (2) the enforcement activities and priorities of 

24 the National Marine Fisheries Service with respect to 

25 implementing the requirements under the Seafood Im26 port Monitoring Program; 


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1 (3) the percentage of import shipments subject to 

2 this program selected for inspection or the informa3 tion or records supporting entry selected for audit, as 

4 described in section 300.324(d) of title 50, Code of 

5 Federal Regulations; 

6 (4) the number and types of instances of non7 compliance with the requirements of the Seafood Im8 port Monitoring Program; 

9 (5) the number and types of instances of viola10 tions of State or Federal law discovered through the 

11 Seafood Import Monitoring Program; 

12 (6) the seafood species with respect to which vio13 lations described in paragraphs (4) and (5) were most 

14 prevalent; 

15 (7) the location of catch or harvest with respect 

16 to which violations described in paragraphs (4) and 

17 (5) were most prevalent; and 

18 (8) such other information as the Secretary con19 siders appropriate with respect to monitoring and en20 forcing compliance with the Seafood Import Moni21 toring Program. 

22 SEC. 110. AUTHORIZATION OF APPROPRIATIONS. 

23 There is authorized to be appropriated to the Commis24 sioner of U.S. Customs and Border Protection to carry out 

25 enforcement actions pursuant to section 307 of the Tariff 


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1 Act $20,000,000 for each of fiscal years 2021 through 2025 

2 for enforcement of section 307 of the Tariff Act of 1930 (19 

3 U.S.C. 1307). 

4 TITLE II—SEAFOOD 

5 TRACEABILITY AND LABELING 

6 SEC. 201. FEDERAL ACTIVITIES ON SEAFOOD SAFETY AND 

7 FRAUD. 

8 (a) NATIONAL SEA GRANT COLLEGE PROGRAM.—The 

9 Administrator of the National Oceanic and Atmospheric 

10 Administration shall ensure that seafood inspection activi11 ties are coordinated with the National Sea Grant College 

12 Program established by the National Sea Grant College and 

13 Program Act of 1966 (33 U.S.C. 1121 et seq.) which may 

14 provide outreach to the States, local health agencies, con15 sumers, and the seafood industry on seafood safety and sea16 food fraud, as needed. 

17 (b) INSPECTING TO PREVENT SEAFOOD FRAUD.—The 

18 Secretary of Commerce and the Secretary of Health and 

19 Human Services, in coordination with the Secretary of 

20 Homeland Security, shall, to the maximum extent prac21 ticable, ensure that inspections and tests for seafood safety 

22 also collect information for seafood fraud prevention. 

23 SEC. 202. SEAFOOD LABELING AND IDENTIFICATION. 

24 (a) IN GENERAL.—The Secretary, in coordination 

25 with other relevant agencies shall, not later than three years 


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1 after the date of enactment of this Act, implement the fol2 lowing requirements with respect to fish and fish products 

3 imported into the United States or otherwise distributed or 

4 offered for sale in interstate commerce: 

5 (1) TRACEABILITY.—A requirement that the fol6 lowing information shall accompany seafood through 

7 processing and distribution: 

8 (A) The United Nations Food and Agri9 culture Organization Major Fishing Area, or a 

10 more specific location, in which the seafood was 

11 caught or cultivated. 

12 (B) The acceptable market name (as deter13 mined by the Food and Drug Administration), 

14 scientific name, and specific Aquatic Sciences 

15 and Fisheries Information System number of the 

16 Fisheries and Aquaculture Statistics Information 

17 Service of the United Nations Food and Agri18 culture Organization for the seafood species. 

19 (C) Whether the seafood was harvested wild 

20 or was farm-raised. 

21 (D) The method of harvest of the seafood, 

22 including gear type as listed in section 600.725 

23 of title 50, Code of Federal Regulations, or suc24 cessor regulation, and defined in section 600.10 

25 of such title, or successor regulation. 


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1 (E) The date of the catch or harvest. 

2 (F) The weight or number, as appropriate, 

3 of product for an individual fish or lot. 

4 (G) Date and name of entity (processor, 

5 dealer, vessel) to which the seafood was landed. 

6 (H) Name and flag state of vessel and evi7 dence of authorization, and if applicable, a 

8 unique vessel identifier. 

9 (I) Name and location of the facility from 

10 which farm-raised seafood were harvested, the 

11 method of cultivation, source and type of feed, 

12 and evidence of authorization. 

13 (J) The National Oceanic and Atmospheric 

14 Administration Fisheries International Fisheries 

15 Trade Permit number issued to the importer of 

16 record for the entry, if applicable. 

17 (2) LABELING.—The following information shall 

18 be included in the labeling of seafood through proc19 essing, distribution, and final sale: 

20 (A) The information required in subpara21 graphs (A), (B), (C), and (D) of paragraph (1). 

22 (B) Whether the seafood has been previously 

23 frozen or treated with any substance other than 

24 ice or water. 


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1 (C) Whether the seafood was farm-raised 

2 along with information regarding the country of 

3 cultivation, the location of the aquaculture pro4 duction area, and the method of cultivation. 

5 (b) PRODUCTION CODES.—The Secretary shall allow 

6 compliance with subsection (a) through the use of produc7 tion codes, quick response codes, or other types of commonly 

8 used processing codes and electronic bar coding methods. 

9 (c) SAFE HARBOR.—No importer, processor, dis10 tributor, or retailer may be found to be in violation of the 

11 requirements of this section for unknowingly selling a prod12 uct that was already mislabeled upon receipt, provided that 

13 the importer, processor, distributor, or retailer can provide 

14 the required product traceability documentation. 

15 SEC. 203. FEDERAL ENFORCEMENT. 

16 (a) ENFORCEMENT BY SECRETARY.—The Secretary of 

17 Commerce shall prevent any person from violating this Act 

18 in the same manner, by the same means, and with the same 

19 jurisdiction, powers, and duties as though section 307 of 

20 the Magnuson-Stevens Fishery Conservation and Manage21 ment Act (16 U.S.C. 1857) was incorporated into and made 

22 a part of and applicable to this Act. 

23 (b) LIST OF OFFENDERS.—The Secretary of Com24 merce, in consultation with the Secretary of Health and 


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1 Human Services, shall develop, maintain, and post on the 

2 public website of the Department of Commerce a list that— 

3 (1) includes, by country, each exporter whose 

4 seafood is imported or offered for import into the 

5 United States; and 

6 (2) for each such exporter, tracks the timing, 

7 type, and frequency of violations of Federal law relat8 ing to seafood fraud and illegal, unreported, or un9 regulated fishing. 

10 (c) INSPECTIONS.—The Secretary of Commerce, in 

11 consultation with the Secretary of Health and Human 

12 Services, shall— 

13 (1) increase, as resources allow, the number of 

14 foreign and domestic seafood shipments that are au15 dited or inspected for seafood fraud and illegal, unre16 ported, or unregulated fishing by National Oceanic 

17 and Atmospheric Administration auditors and au18 thorized officers, including verification of compliance 

19 with the traceability requirements of section 104(a); 

20 (2) conduct audits and inspections, as resources 

21 allow, at a sufficient level to promote compliance and 

22 deterrence; and 

23 (3) to the maximum extent practicable, ensure 

24 that inspections and tests for seafood fraud prevention 

25 also collect information to support the Secretary of 


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1 Health and Human Services in implementing the 

2 seafood safety requirements of the FDA Food Safety 

3 Modernization Act (Public Law 111–353). 

4 (d) INTERAGENCY AGREEMENT.— 

5 (1) MEMORANDUM OF UNDERSTANDING RE6 QUIRED.—Not later than one year after the date of 

7 enactment of this Act, the Secretary of Commerce, the 

8 Secretary of Homeland Security, the Secretary of 

9 Labor, and the Secretary of Health and Human Serv10 ices shall jointly execute a memorandum of under11 standing to codify and improve interagency coopera12 tion on seafood safety, preventing illegal, unreported, 

13 or unregulated fishing and human trafficking, includ14 ing forced labor, and seafood fraud prevention, en15 forcement, and inspections. 

16 (2) REQUIREMENTS.—The memorandum of un17 derstanding required by paragraph (1) shall include 

18 provisions, performance metrics, and timelines as the 

19 Secretaries consider appropriate to improve such co20 operation described in such paragraph (acting under 

21 provisions of law other than this subsection)— 

22 (A) to identify and execute specific proce23 dures for using authorities granted under the 

24 FDA Food Safety Modernization Act (Public 

25 Law 111–353) to ensure and improve the safety 


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1 of commercially marketed seafood in the United 

2 States; 

3 (B) to identify and execute specific proce4 dures for interagency cooperation on— 

5 (i) interagency resource and informa6 tion sharing; 

7 (ii) use and development of forensic 

8 tools including means to fill existing gaps 

9 in capabilities and eliminate duplication; 

10 and 

11 (iii) development of specific forensic 

12 analysis information required by each agen13 cy to promote effective enforcement actions; 

14 (C) to maximize the effectiveness of limited 

15 personnel and resources by ensuring that— 

16 (i) inspections of seafood shipments 

17 and seafood processing and production fa18 cilities by the National Oceanic and Atmos19 pheric Administration and the Food and 

20 Drug Administration are not duplicative; 

21 and 

22 (ii) information resulting from exami23 nations, testing, and inspections conducted 

24 by the Department of Commerce with re25 spect to seafood is considered in making 


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1 risk-based determinations, including the es2 tablishment of inspection priorities for do3 mestic and foreign facilities and the exam4 ination and testing of domestic and im5 ported seafood; 

6 (D) to create a process— 

7 (i) by which data collected by all sea8 food inspectors and officers of the National 

9 Oceanic and Atmospheric Administration 

10 and U.S. Customs and Border Protection 

11 authorized to conduct inspections of seafood 

12 shipments or facilities that process or sell 

13 seafood, or authorized officers that conduct 

14 analysis of seafood import information, will 

15 be used for risk-based screening of seafood 

16 shipments, including food safety, adultera17 tion and misbranding, by the Food and 

18 Drug Administration beginning not later 

19 than one year after the date of enactment of 

20 this Act; and 

21 (ii) by which data collected by the Na22 tional Oceanic and Atmospheric Adminis23 tration, U.S. Customs and Border Protec24 tion, the Department of Labor, the Depart25 ment of State, and the Food and Drug AdVerDate Sep 11 2014 21:08 Dec 30, 2022 Jkt 039200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6203 E:\BILLS\H3075.RH H3075

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1 ministration is shared to maximize effi2 ciency and enforcement of seafood safety, 

3 fraud prevention, and prohibitions on ille4 gal, unreported, or unregulated fishing; 

5 (E) to create a process by which— 

6 (i) data collected by inspectors and of7 ficers of other Federal, State, or local agen8 cies authorized to conduct inspections of 

9 seafood, or inspections of facilities that 

10 process or sell seafood, or data from import 

11 analysts, will be used by the Food and Drug 

12 Administration for risk-based screening of 

13 seafood shipments; and 

14 (ii) data collected by such inspectors 

15 and officials is shared with the National 

16 Oceanic and Atmospheric Administration, 

17 U.S. Customs and Border Protection, De18 partment of Labor, and the Food and Drug 

19 Administration to maximize efficiency and 

20 enforcement of seafood safety and fraud pre21 vention; and 

22 (F) to ensure that officers and employees of 

23 the National Oceanic and Atmospheric Adminis24 tration are utilized by the Secretary of Health 

25 and Human Services as third-party auditors 


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1 pursuant to section 808 of the Federal Food, 

2 Drug, and Cosmetic Act (21 U.S.C. 384d) to 

3 carry out seafood examinations and investiga4 tions under chapter VIII of such Act. 

5 SEC. 204. STATE ENFORCEMENT. 

6 (a) IN GENERAL.—Whenever the attorney general of 

7 a State, or an official or agency designated by a State, has 

8 reason to believe that any person has engaged or is engaging 

9 in a pattern or practice of seafood fraud in violation of 

10 section 203, the State may bring a civil action on behalf 

11 of its residents to enjoin fraud, an action to recover for ac12 tual monetary loss or receive $10,000 in damages for each 

13 violation, or both such actions. 

14 (b) WILLFUL OR KNOWING VIOLATIONS.—If the court 

15 finds the defendant willfully or knowingly violated this Act, 

16 the court may increase the amount of the award to an 

17 amount equal to not more than 3 times the amount avail18 able under subsection (a). 

19 SEC. 205. EFFECT ON STATE LAW. 

20 Nothing in this title shall preempt the authority of a 

21 State to establish and enforce anti-trafficking laws or re22 quirements for improving seafood safety and preventing 

23 seafood fraud that are consistent with the requirements of 

24 this Act. 


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1 TITLE III—STRENGTHENING 

2 INTERNATIONAL FISHERIES 

3 MANAGEMENT TO COMBAT 

4 HUMAN TRAFFICKING 

5 SEC. 301. DENIAL OF PORT PRIVILEGES. 

6 Section 101(a)(2) of the High Seas Driftnet Fisheries 

7 Enforcement Act (16 U.S.C. 1826a(a)(2)) is amended to 

8 read as follows: 

9 ‘‘(2) DENIAL OF PORT PRIVILEGES.—The Sec10 retary of Homeland Security shall, in accordance 

11 with international law— 

12 ‘‘(A) withhold or revoke the clearance re13 quired by section 60105 of title 46, United States 

14 Code, for any large-scale driftnet fishing vessels 

15 of a nation that receives a negative certification 

16 under sections 609(d) or 610(c) of the High Seas 

17 Driftnet Fishing Moratorium Protection Act (16 

18 U.S.C. 1826j(d) or 1826k(c)), or fishing vessels of 

19 a nation that has been listed pursuant to sec20 tions 609(b) or 610(a) of such Act (16 U.S.C. 

21 1826j(b) or 1826k(a)) in two or more consecutive 

22 reports as described under section 607 of such 

23 Act (16 U.S.C. 1826h), until a positive certifi24 cation has been received; 


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1 ‘‘(B) withhold or revoke the clearance re2 quired by section 60105 of title 46, United States 

3 Code, for fishing vessels of a nation that has been 

4 listed pursuant to sections 609(b) or 610(a) of 

5 such Act (16 U.S.C. 1826j(b) or 1826k(a)) in two 

6 or more consecutive reports as described under 

7 section 607 of such Act (16 U.S.C. 1826h); and 

8 ‘‘(C) deny entry of that vessel to any place 

9 in the United States and to the navigable waters 

10 of the United States, except for the purposes of 

11 inspecting such vessel, conducting an investiga12 tion, or taking other appropriate enforcement ac13 tion.’’. 

14 SEC. 302. IDENTIFICATION AND CERTIFICATION CRITERIA. 

15 (a) DENIAL OF PORT PRIVILEGES.—Strike subsections 

16 (a) and (b) of section 609 of the High Seas Driftnet Fishing 

17 Moratorium Protection Act (16 U.S.C. 1826j(a) and (b)), 

18 and insert the following: 

19 ‘‘(a) COOPERATION WITH GOVERNMENTS.— 

20 ‘‘(1) INFORMATION COLLECTION.—The Secretary, 

21 in consultation with the Secretary of State, shall en22 gage with each flag, coastal, port, and market nation 

23 that exports seafood to the United States to collect in24 formation sufficient to evaluate the effectiveness of 

25 such nation’s management of fisheries and control 


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1 systems to prevent illegal, unreported, or unregulated 

2 fishing. 

3 ‘‘(2) RECOMMENDATIONS.—The Secretary, in 

4 consultation with the Secretary of State, shall provide 

5 recommendations to such nations to resolve compli6 ance gaps and improve fisheries management and 

7 control systems in order to assist such nations in pre8 venting illegal, unreported, or unregulated fishing. 

9 ‘‘(b) IDENTIFICATION AND WARNING.— 

10 ‘‘(1) FOR ACTIONS OF A FISHING VESSEL.—The 

11 Secretary shall identify and list in the report re12 quired by section 607 a nation if a fishing vessel of 

13 such nation is engaged or has, in the preceding 3 

14 years, engaged in illegal, unreported, or unregulated 

15 fishing. The Secretary shall include all nations that 

16 qualify for identification, regardless of whether the 

17 Secretary has engaged in the process described in this 

18 subsection or under subsection (a). Any of the fol19 lowing relevant information is sufficient to form the 

20 basis of an identification: 

21 ‘‘(A) compliance reports; 

22 ‘‘(B) data or information from inter23 national fishery management organizations, a 

24 foreign government, or an organization or stake25 holder group; 


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1 ‘‘(C) information submitted by the public; 

2 ‘‘(D) information submitted to the Secretary 

3 under section 402(a) of the Magnuson-Stevens 

4 Fishery Conservation and Management Act (16 

5 U.S.C. 1881a(a)); 

6 ‘‘(E) import data collected by the Secretary 

7 pursuant to part 300.324 of title 50, Code of 

8 Federal Regulations; and 

9 ‘‘(F) information compiled from a Federal 

10 agency, including, the Coast Guard and agencies 

11 within the Interagency Working Group on Ille12 gal, Unreported, and Unregulated Fishing. 

13 ‘‘(2) FOR ACTIONS OF A NATION.—The Secretary 

14 shall identify, and list in such report, a nation engag15 ing in or endorsing illegal, unreported, or unregulated 

16 fishing, including the following: 

17 ‘‘(A) Any nation that is failing, or has 

18 failed in the preceding 3-year period, to cooper19 ate with the United States government in pro20 viding information about their fisheries manage21 ment and control systems described in subsection 

22 (a) of this section. 

23 ‘‘(B) Any nation that is violating, or has 

24 violated at any point during the preceding 3 

25 years, conservation and management measures, 


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1 including catch and other data reporting obliga2 tions and requirements, required under an inter3 national fishery management agreement. 

4 ‘‘(C) Any nation that is failing, or has 

5 failed in the preceding 3-year period, to effec6 tively address or regulate illegal, unreported, or 

7 unregulated fishing within its fleets in any areas 

8 where its vessels are fishing. 

9 ‘‘(D) Any nation that fails to discharge du10 ties incumbent upon it under international law 

11 or practice as a flag, port, or coastal state to 

12 take action to prevent, deter, and eliminate ille13 gal, unreported, or unregulated fishing. 

14 ‘‘(E) Any nation that provides subsidies 

15 that— 

16 ‘‘(i) contribute to illegal, unreported, 

17 or unregulated fishing or increased capacity 

18 and overfishing at proportionally higher 

19 rates than subsidies that promote fishery re20 source conservation and management; or 

21 ‘‘(ii) that otherwise undermine the ef22 fectiveness of any international fishery con23 servation program. 

24 ‘‘(F) Any nation that has been identified as 

25 having human trafficking, including forced 


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1 labor, in any part of the seafood supply chain in 

2 the most recent Trafficking in Persons Report 

3 issued by the Department of State in accordance 

4 with the Trafficking Victims Protection Act of 

5 2000 (22 U.S.C. 7101 et seq.). 

6 ‘‘(G) Any nation that has been identified as 

7 producing seafood-related goods through forced 

8 labor or oppressive child labor in the most recent 

9 List of Goods Produced by Child Labor or 

10 Forced Labor in accordance with the Trafficking 

11 Victims Protection Act of 2000 (22 U.S.C. 7101 

12 et seq.). 

13 ‘‘(H) Any nation that has been identified as 

14 at risk for human trafficking, including forced 

15 labor, in their seafood catching and processing 

16 industries in the report required in section 3563 

17 of the National Defense Authorization Act for 

18 Fiscal Year 2020 (Public Law 116–92). 

19 ‘‘(3) WARNING.—The Secretary shall issue a 

20 warning to each nation identified under this sub21 section. 

22 ‘‘(4) TIMING.—The Secretary shall make an 

23 identification under paragraphs (1) or (2) at any 

24 time that the Secretary has sufficient information to 

25 make such identification.’’. 


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1 (b) ILLEGAL, UNREPORTED, OR UNREGULATED CER2 TIFICATION DETERMINATION.—Section 609(d) of the High 

3 Seas Driftnet Fishing Moratorium Protection Act (16 

4 U.S.C. 1826j(d)) is amended to read as follows: 

5 ‘‘(d) IUU CERTIFICATION PROCEDURE.— 

6 ‘‘(1) CERTIFICATION DETERMINATION.— 

7 ‘‘(A) IN GENERAL.—The Secretary shall es8 tablish a procedure for certifying whether a na9 tion identified under subsection (b) has taken 

10 appropriate corrective action with respect to the 

11 offending activities identified under section (b) 

12 that has led to measurable improvements in the 

13 reduction of illegal, unreported, or unregulated 

14 fishing and any underlying regulatory, policy, 

15 or practice failings or gaps that may have con16 tributed to such identification. 

17 ‘‘(B) OPPORTUNITY FOR COMMENT.—The 

18 Secretary shall ensure that the procedure estab19 lished under subparagraph (A) provides for no20 tice and an opportunity for comment by the 

21 identified nation. 

22 ‘‘(C) DETERMINATION.—The Secretary 

23 shall, consistent with such procedure, determine 

24 and certify to the Congress not later than 90 

25 days after the date on which the Secretary issues 


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1 a final rule containing the procedure, and bien2 nially thereafter— 

3 ‘‘(i) whether the government of each 

4 nation identified under subsection (b) has 

5 provided documentary evidence that such 

6 nation has taken corrective action with re7 spect to such identification; or 

8 ‘‘(ii) whether the relevant international 

9 fishery management organization has taken 

10 corrective action that has ended the illegal, 

11 unreported, or unregulated fishing activity 

12 by vessels of that nation. 

13 ‘‘(2) ALTERNATIVE PROCEDURE.—The Secretary 

14 may establish a procedure to authorize, on a ship15 ment-by-shipment, shipper-by-shipper, or other basis 

16 the importation of fish or fish products from a fishery 

17 within a nation issued a negative certification under 

18 paragraph (1) if the Secretary— 

19 ‘‘(A) determines the fishery has not engaged 

20 in illegal, unreported, or unregulated fishing 

21 under an international fishery management 

22 agreement to which the United States is a party; 

23 ‘‘(B) determines the fishery is not identified 

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1 zation as participating in illegal, unreported, or 

2 unregulated fishing activities; and 

3 ‘‘(C) ensures that any such seafood or sea4 food products authorized for entry under this sec5 tion are imported consistent with the reporting 

6 and the recordkeeping requirements of Seafood 

7 Import Monitoring Program described in part 

8 300.324(b) of title 50, Code of Federal Regula9 tions (or any successor regulation). 

10 ‘‘(3) EFFECT OF CERTIFICATION DETERMINA11 TION.— 

12 ‘‘(A) EFFECT OF NEGATIVE CERTIFI13 CATION.—The provisions of subsections (a) and 

14 (b)(3) and (4) of section 101 of the High Seas 

15 Driftnet Fisheries Enforcement Act (16 U.S.C. 

16 1826a(a) and (b)(3) and (4)) shall apply to any 

17 nation that, after being identified and warned 

18 under subsection (b) has failed to take the appro19 priate corrective actions for which the Secretary 

20 has issued a negative certification under this 

21 subsection. 

22 ‘‘(B) EFFECT OF POSITIVE CERTIFI23 CATION.—The provisions of subsections (a) and 

24 (b)(3) and (4) of section 101 of the High Seas 

25 Driftnet Fisheries Enforcement Act (16 U.S.C. 


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1 1826a(a) and (b)(3) and (4)) shall not apply to 

2 any nation identified under subsection (a) for 

3 which the Secretary has issued a positive certifi4 cation under this subsection.’’. 

5 SEC. 303. ILLEGAL, UNREPORTED, OR UNREGULATED FISH6 ING DEFINED. 

7 (a) DEFINITION OF ILLEGAL, UNREPORTED, OR UN8 REGULATED FISHING IN THE HIGH SEAS DRIFTNET FISH9 ING MORATORIUM PROTECTION ACT.—Section 609(e) of the 

10 High Seas Driftnet Fishing Moratorium Protection Act (16 

11 U.S.C. 1826j(e)) is amended to read as follows: 

12 ‘‘(e) ILLEGAL, UNREPORTED, OR UNREGULATED FISH13 ING DEFINED.—In this title, the term ‘illegal, unreported, 

14 or unregulated fishing’ means any activity set out in para15 graph 3 of the 2001 Food and Agriculture Organization 

16 International Plan of Action to Prevent, Deter and Elimi17 nate Illegal, Unreported, and Unregulated Fishing.’’. 

18 (b) DEFINITION OF ILLEGAL, UNREPORTED, OR UN19 REGULATED FISHING IN THE MAGNUSON-STEVENS FISH20 ERY CONSERVATION AND MANAGEMENT ACT.—Section 3 of 

21 the Magnuson-Stevens Fishery Conservation and Manage22 ment Act (16 U.S.C. 1802) is amended by adding at the 

23 end the following: 

24 ‘‘(51) The term ‘illegal, unreported, or unregu25 lated fishing’ means any activity set out in paraVerDate Sep 11 2014 21:08 Dec 30, 2022 Jkt 039200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6203 E:\BILLS\H3075.RH H3075

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1 graph 3 of the 2001 Food and Agriculture Organiza2 tion International Plan of Action to Prevent, Deter 

3 and Eliminate Illegal, Unreported, and Unregulated 

4 Fishing.’’. 

5 (c) RULE OF CONSTRUCTION.—In construing the term 

6 ‘‘illegal, unreported, or unregulated fishing’’ for purposes 

7 of the High Seas Driftnet Fishing Moratorium Protection 

8 Act and the Magnuson-Stevens Fishery Conservation and 

9 Management Act, the Secretary shall follow internationally 

10 recognized labor rights stated in the International Labour 

11 Organization Declaration on Fundamental Principles and 

12 Rights at Work and its Follow-Up (1998), including— 

13 (1) freedom of association and the effective rec14 ognition of the right to collective bargaining; 

15 (2) the elimination of all forms of forced or com16 pulsory labor; 

17 (3) the effective abolition of oppressive child 

18 labor, a prohibition on the worst forms of child labor, 

19 and other labor protections for children and minors; 

20 (4) the elimination of discrimination in respect 

21 of employment and occupation; and 

22 (5) acceptable conditions of work with respect to 

23 minimum wages, hours of work, and occupational 

24 safety and health. 


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1 SEC. 304. EQUIVALENT CONSERVATION MEASURES. 

2 (a) IDENTIFICATION.—Section 610(a) of the High Seas 

3 Driftnet Fishing Moratorium Protection Act (16 U.S.C. 

4 1826k(a)) is amended to read as follows: 

5 ‘‘(a) IDENTIFICATION.— 

6 ‘‘(1) IN GENERAL.—The Secretary shall identify 

7 and list in the report under section 607— 

8 ‘‘(A) a nation if— 

9 ‘‘(i) any fishing vessel of that country 

10 is engaged, or has been engaged during the 

11 preceding 3 years in fishing activities or 

12 practices on the high sees or within the ex13 clusive economic zone of another country, 

14 that have resulted in bycatch of a protected 

15 living marine resource; and 

16 ‘‘(ii) the vessel’s flag state has not 

17 adopted, implemented, and enforced a regu18 latory program governing such fishing de19 signed to end or reduce such bycatch that is 

20 comparable to the regulatory program of the 

21 United States; and 

22 ‘‘(B) a nation if— 

23 ‘‘(i) any fishing vessel of that country 

24 is engaged, or has engaged during the pre25 ceding 3 years, in fishing activities on the 

26 high sees or within the exclusive economic 


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1 zone of another country that target or inci2 dentally catch sharks; and 

3 ‘‘(ii) the vessel’s flag state has not 

4 adopted, implemented, and enforced a regu5 latory program to provide for the conserva6 tion of sharks, including measures to pro7 hibit removal of any of the fins of a shark, 

8 including the tail, before landing the shark 

9 in port that is comparable to that of the 

10 United States. 

11 ‘‘(2) TIMING.—The Secretary shall make an 

12 identification under paragraph (1) at any time that 

13 the Secretary has sufficient information to make such 

14 identification.’’. 

15 (b) CONSULTATION AND NEGOTIATION.—Section 

16 610(b) of the High Seas Driftnet Fishing Moratorium Pro17 tection Act (16 U.S.C. 1826k(b)) is amended to read as fol18 lows: 

19 ‘‘(b) CONSULTATION AND NEGOTIATION.—The Sec20 retary of State, acting in conjunction with the Secretary, 

21 shall— 

22 ‘‘(1) notify, as soon as possible, the President, 

23 nations that have been identified under subsection 

24 (a), and other nations whose vessels engage in fishing 


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1 activities or practices described in subsection (a), 

2 about the provisions of this Act; 

3 ‘‘(2) initiate discussions as soon as possible with 

4 all foreign countries which are engaged in, or a fish5 ing vessel of which has engaged in, fishing activities 

6 described in subsection (a), for the purpose of entering 

7 into bilateral and multilateral treaties with such 

8 countries to protect such species and to address any 

9 underlying failings or gaps that may have contrib10 uted to identification under this Act; 

11 ‘‘(3) seek agreements calling for international re12 strictions on fishing activities or practices described 

13 in subsection (a) through the United Nations, the 

14 Food and Agriculture Organization’s Committee on 

15 Fisheries, and appropriate international fishery man16 agement bodies; and 

17 ‘‘(4) initiate the amendment of any existing 

18 international treaty for the protection and conserva19 tion of such species to which the United States is a 

20 party in order to make such treaty consistent with the 

21 purposes and policies of this section.’’. 

22 (c) CONSERVATION CERTIFICATION PROCEDURE.— 

23 Section 610(c) of the High Seas Driftnet Fishing Morato24 rium Protection Act (16 U.S.C. 1826k(c)) is amended— 


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1 (1) in subparagraph (A) of paragraph (1), by 

2 striking ‘‘, taking into account different conditions,’’; 

3 (2) in paragraph (2), by inserting ‘‘the public 

4 and’’ after ‘‘comment by’’; 

5 (3) in paragraph (4)— 

6 (A) in subparagraph (A), by striking ‘‘, tak7 ing into account different conditions’’; 

8 (B) in subparagraph (B), by striking the 

9 period at the end and inserting ‘‘; and’’; and 

10 (C) by adding at the end the following: 

11 ‘‘(C) ensures that any such fish or fish 

12 products authorized for entry under this section 

13 are imported consistent with the reporting and 

14 the recordkeeping requirements of the Seafood 

15 Import Monitoring Program established by part 

16 300.324(b) of title 50, Code of Federal Regula17 tions (or any successor regulations).’’; and 

18 (4) in paragraph (5), by striking ‘‘(except to the 

19 extent that such provisions apply to sport fishing 

20 equipment or fish or fish products not caught by the 

21 vessels engaged in illegal, unreported, or unregulated 

22 fishing)’’. 


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1 SEC. 305. REGULATIONS. 

2 Not later than 1 year after the date of enactment of 

3 this Act, the Secretary shall promulgate regulations imple4 menting this title. 

5 TITLE IV—MARITIME SAFE 

6 AMENDMENTS 

7 SEC. 401. ILLEGAL, UNREPORTED, OR UNREGULATED FISH8 ING WORKING GROUP RESPONSIBILITIES. 

9 Section 3551(c) of the Maritime SAFE Act (Public 

10 Law 116–92) is amended— 

11 (1) in paragraph (12), by striking ‘‘and’’ at the 

12 end; 

13 (2) in paragraph (13), by striking the period at 

14 the end and inserting a semicolon; and 

15 (3) by adding at the end: 

16 ‘‘(14) developing a strategy for leveraging en17 forcement capacity against illegal, unreported, or un18 regulated fishing and increasing enforcement and 

19 other actions across relevant import control and as20 sessment programs including— 

21 ‘‘(A) the Seafood Import Monitoring Pro22 gram described in part 300.324(b) of title 50, 

23 Code of Federal Regulations (or any successor 

24 regulation); 

25 ‘‘(B) the List of Goods Produced by Child 

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1 tion 105 of the Trafficking Victims Protection 

2 Reauthorization Act of 2005 (22 U.S.C. 7112); 

3 ‘‘(C) the List of Nations with vessels en4 gaged in illegal, unreported, or unregulated fish5 ing pursuant to section 607 of the High Seas 

6 Driftnet Fishing Moratorium Protection Act (16 

7 U.S.C. 1826h); 

8 ‘‘(D) the Trafficking in Persons Report re9 quired by section 110 of the Trafficking Victims 

10 Protection Act of 2000 (22 U.S.C. 7107); 

11 ‘‘(E) U.S. Customs and Border Protection’s 

12 Forced Labor Division and enforcement activi13 ties and regulations authorized under Section 

14 307 of the Tariff Act of 1930 (19 U.S.C. 1307); 

15 and 

16 ‘‘(F) other relevant programs of Working 

17 Group member agencies; and 

18 ‘‘(15) assessing areas for increased information 

19 sharing and collaboration among Federal Working 

20 Group member agencies and State-based enforcement, 

21 wildlife, and fisheries management agencies to iden22 tify, interdict, investigate, and prosecute illegal, unre23 ported, or unregulated fishing and fraudulent seafood 

24 imports into the United States that were a product 

25 of such fishing, including through implementation of 


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1 the Seafood Import Monitoring Program. The Federal 

2 Working Group shall emphasize developing, updating, 

3 and employing risk screens to analyze harvest, 

4 traceability, and verification and certification infor5 mation in real time as a key pathway to trigger 

6 product audits and enforcement actions.’’. 

7 SEC. 402. STRATEGIC PLAN. 

8 Section 3552 of the Maritime SAFE Act (Public Law 

9 116–92) is amended by adding at the end: 

10 ‘‘(c) STRATEGIES TO OPTIMIZE DATA COLLECTION, 

11 SHARING, AND ANALYSIS.— 

12 ‘‘(1) IN GENERAL.—The strategic plan submitted 

13 under subsection (a) shall identify information and 

14 resources to prevent illegal, unreported, or unregu15 lated fishing or fraudulently labeled or otherwise mis16 represented seafood from entering United States com17 merce. The report shall include a timeline for imple18 mentation of recommendations with respect to each of 

19 the following: 

20 ‘‘(A) Identification of relevant data streams 

21 collected by Working Group members. 

22 ‘‘(B) Identification of legal, jurisdictional, 

23 or other barriers to the sharing of such data. 

24 ‘‘(C) Strategies for integrating data streams 

25 through the International Trade Data System 


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1 Automated Commercial Environment or other 

2 relevant digital platforms. 

3 ‘‘(D) Recommendations for enhancing the 

4 automated risk targeting and effectiveness of risk 

5 analysis and detection of illegal, unauthorized, 

6 or unreported fishing and fraudulent seafood 

7 through the Seafood Import Monitoring Pro8 gram. 

9 ‘‘(E) Recommendations for improving the 

10 utility and effectiveness of the Commercial Tar11 geting and Analysis Center in detecting illegal, 

12 unauthorized, or unreported fishing and fraudu13 lent products through adoption of these strategies 

14 or other enhancements. 

15 ‘‘(F) Recommendations for joint enforce16 ment protocols, collaboration, and information 

17 sharing between Federal agencies and States. 

18 ‘‘(G) Recommendations for sharing and de19 veloping forensic resources between Federal agen20 cies and States. 

21 ‘‘(H) Recommendations for enhancing ca22 pacity for U.S. Customs and Border Protection 

23 and National Oceanic and Atmospheric Admin24 istration to conduct field investigations and to 


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1 coordinate enforcement efforts with State enforce2 ment officials. 

3 ‘‘(I) An implementation strategy, with mile4 stones and deadlines and specific budgetary re5 quirements, for implementing recommendations 

6 described in the report. 

7 ‘‘(2) PROGRESS REPORT.—Not later than 2 years 

8 after submission of the 5-year integrated strategic 

9 plan, the Working Group shall submit a report to the 

10 Committee on Commerce, Science, and Transpor11 tation of the Senate, the Committee on Foreign Rela12 tions of the Senate, the Committee on Appropriations 

13 of the Senate, the Committee on Transportation and 

14 Infrastructure of the House of Representatives, the 

15 Committee on Natural Resources of the House of Rep16 resentatives, the Committee on Foreign Affairs of the 

17 House of Representatives, and the Committee on Ap18 propriations of the House of Representatives on 

19 progress in implementing the recommendations de20 scribed in this subsection.’’. 

21 SEC. 403. AUTHORITY TO HOLD FISH PRODUCTS. 

22 Section 311(b)(1) of the Magnuson-Stevens Fishery 

23 Conservation and Management Act (16 U.S.C. 1861(b)) is 

24 amended— 


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1 (1) in subparagraph (B), striking ‘‘; and’’ and 

2 inserting a semicolon; 

3 (2) in subparagraph (C), striking the period and 

4 inserting ‘‘; and’’; and 

5 (3) by adding at the end the following a new 

6 subparagraph: 

7 ‘‘(D) detain, for a period of up to 14 days, any 

8 shipment of fish or fish product imported into, landed 

9 on, introduced into, exported from, or transported 

10 within the jurisdiction of the United States, or, if 

11 such fish or fish product is deemed to be perishable, 

12 sell and retain the proceeds therefrom for a period of 

13 up to 21 days.’’. 

14 TITLE V—MARITIME AWARENESS 

15 SEC. 501. AUTOMATIC IDENTIFICATION SYSTEM REQUIRE16 MENTS. 

17 (a) REQUIREMENT FOR FISHING VESSELS TO HAVE

18 AUTOMATIC IDENTIFICATION SYSTEMS.—Section 

19 70114(a)(1) of title 46, United States Code, is amended— 

20 (1) by striking ‘‘, while operating on the navi21 gable waters of the United States,’’ 

22 (2) by redesignating subparagraphs (A) through 

23 (D) as clauses (i) through (iv); 

24 (3) by inserting before clauses (i) through (iv), as 

25 redesignated by paragraph (2), the following: 


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1 ‘‘(A) While operating on the navigable waters of 

2 the United States:’’; and 

3 (4) by adding at the end the following: 

4 ‘‘(B) A vessel of the United States that is more 

5 than 65 feet overall in length, while engaged in fish6 ing, fish processing, or fish tendering operations on 

7 the navigable waters of the United States or in the 

8 United States exclusive economic zone.’’. 

9 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to the Secretary of Commerce 

11 for fiscal year 2022, $5,000,000, to remain available until 

12 expended, to purchase automatic identification systems for 

13 fishing vessels, fish processing vessels, fish tender vessels 

14 more than 50 feet in length, as described under this title 

15 and the amendments made by this title. 


pamtmann on DSKBC07HB2PROD with BILLS

pamtmann on DSKBC07HB2PROD with BILLS
Union Calendar No. 493 

117TH CONGRESS 

2D SESSION H. R. 3075 

[Report No. 117–674, Part I] 

A BILL 

To address seafood slavery and combat illegal, unpurposes. reported, or unregulated fishing, and for other 

DECEMBER 30, 2022 

Reported from the Committee on Natural Resources with 

an amendment 

DECEMBER 30, 2022 

Committees on Ways and Means, Transportation and Inprinted House on the State of the Union and ordered to be discharged; committed to the Committee of the Whole frastructure, Agriculture, and Energy and Commerce 


pamtmann on DSKBC07HB2PROD with BILLS