I 

117TH CONGRESS 

1ST SESSION H. R. 3075 

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 

A BILL 

To address seafood slavery and combat illegal, unreported, 

or unregulated fishing, and for other purposes. 

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: 


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1 (1) OPPRESSIVE CHILD LABOR.—The term ‘‘op2 pressive child labor’’ has the meaning given such 

3 term in section 3 of the Fair Labor Standards Act 

4 of 1938 (29 U.S.C. 203). 

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

6 means any labor or service provided for or obtained 

7 by any means described in section 1589(a) of title 

8 18, United States Code. 

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

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

11 forms of trafficking in persons’’ in section 103 of 

12 the Trafficking Victims Protection Act of 2000 (22 

13 U.S.C. 7102). 

14 (4) ILLEGAL, UNREPORTED, OR UNREGULATED

15 FISHING.—The term ‘‘illegal, unreported, or unregu16 lated fishing’’ has the meaning given such term in 

17 section 609 of the High Seas Driftnet Fishing Mora18 torium Protection Act (16 U.S.C. 1826j(e)), as 

19 amended by this Act. 

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

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

22 consumption as food other than marine mammals 

23 and birds, including fish, shellfish, shellfish prod24 ucts, and processed fish. 


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1 (6) SEAFOOD FRAUD.—The term ‘‘seafood 

2 fraud’’ means the mislabeling or misrepresentation 

3 of the information required under this Act or other 

4 any other Federal law or international agreement 

5 (other than this Act) pertaining to the import, ex6 port, transport, sale, harvest, processing, or trade of 

7 seafood, including— 

8 (A) the Magnuson-Stevens Fishery Con9 servation and Management Act (16 U.S.C. 

10 1801 et seq.); 

11 (B) the Lacey Act Amendments of 1981 

12 (16 U.S.C. 3371 et seq.); 

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

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

15 (D) the FDA Food Safety Modernization 

16 Act (Public Law 111–353); 

17 (E) the Fair Packaging and Labeling Act 

18 (15 U.S.C. 1451 et seq.); 

19 (F) subtitle D of the Agricultural Mar20 keting Act of 1946 (7 U.S.C. 1638 et seq.); 

21 (G) parts 60 and 65 of title 7, Code of 

22 Federal Regulations (or any successor regula23 tions); 

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

25 Regulations (or any successor regulations); and 


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1 (I) section 216.24 of title 50, Code of Fed2 eral Regulations. 

3 (7) SEAFOOD IMPORT MONITORING PROGRAM.— 

4 The term ‘‘Seafood Import Monitoring Program’’ 

5 means the Seafood Traceability Program established 

6 under section 300.324 of title 50, Code of Federal 

7 Regulations. 

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

9 the Secretary of Commerce, acting through the Ad10 ministrator of the National Oceanic and Atmos11 pheric Administration. 

12 TITLE I—COMBATING HUMAN 

13 TRAFFICKING THROUGH SEA14 FOOD IMPORT MONITORING 

15 SEC. 101. DEFINITIONS. 

16 In this title, the following additional definitions apply: 

17 (1) COMPETENT AUTHORITY.—The term ‘‘com18 petent authority’’ means government and any third 

19 party that meets certain governing criteria. Such cri20 teria shall be established by regulation, after out21 reach to key environmental and labor stakeholders. 

22 (2) UNIQUE VESSEL IDENTIFIER.—The term 

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

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1 sel’s life, regardless of changes in flag, ownership, 

2 name, or other changes to the vessel. 

3 SEC. 102. EXPANSION OF SEAFOOD IMPORT MONITORING 

4 PROGRAM TO ALL SPECIES. 

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

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

7 Monitoring Program to apply to all seafood and seafood 

8 products imported into the United States. 

9 SEC. 103. AUTOMATED COMMERCIAL ENVIRONMENT. 

10 The Secretary of Homeland Security acting through 

11 the Commissioner of U.S. Customs and Border Protection, 

12 in coordination with the Secretary of Commerce, shall, not 

13 later than 6 months after the date of enactment of this 

14 Act, develop and implement a strategy to improve the 

15 quality and verifiability of certain data elements in the 

16 Automated Commercial Environment system that 

17 prioritizes the use of enumerated data types, such as 

18 checkboxes, dropdown menus, or radio buttons, and any 

19 additional elements the Agency finds necessary, among 

20 other options, rather than open text fields, for— 

21 (1) authorization to fish; 

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

23 (3) catch document identifier; 

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

25 or aquaculture location; 


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

2 (6) name of farm or aquaculture facility, if ap3 plicable; and 

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

5 SEC. 104. ADDITIONAL DATA REQUIREMENTS FOR SEA6 FOOD IMPORT MONITORING PROGRAM DATA 

7 COLLECTION. 

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

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

10 300.324 of title 50, Code of Federal Regulations, to— 

11 (1) require at the time of entry for imported 

12 seafood and seafood products— 

13 (A) location of catch or cultivation, includ14 ing— 

15 (i) geographic location at a resolution 

16 of not less than 1 degree latitude by 1 de17 gree longitude; 

18 (ii) the country code of the Inter19 national Organization for Standardization 

20 if the catch was within the exclusive eco21 nomic zone or territorial waters of a coun22 try; 

23 (iii) if appropriate, the regional fish24 eries management organization or organi25 zations having jurisdiction over the catch, 


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1 if it occurs within the jurisdiction of any 

2 regional fisheries management organiza3 tion; and 

4 (iv) the Food and Agriculture Organi5 zation major fishing area codes; 

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

7 records that identify, including with unique ves8 sel identifiers when applicable, each custodian 

9 of the seafood, including transshippers, proc10 essors, storage facilities, and distributors and 

11 the physical address of such facilities; 

12 (C) maritime mobile service identity num13 ber of harvesting and transshipment vessels; 

14 and 

15 (D) beneficial owner of each harvesting 

16 and transshipment vessel or aquaculture facil17 ity, when applicable; 

18 (2) require all importers submitting seafood im19 port data to require prior notification and submis20 sion of seafood import data at least 72 hours and no 

21 more than 15 days prior to entry; and 

22 (3) require verification and certification of har23 vest information by competent authorities at all 

24 major transfer points in the supply chain, including 


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1 harvest, landing, processing, and transshipment at 

2 the time of entry. 

3 (b) FORCED LABOR.—The Secretary, working in di4 rect consultation with the Secretary of Homeland Secu5 rity, Department of Labor, and Department of State, 

6 shall, not later than one year after the date of enactment 

7 of this Act, complete a regulatory process to establish ad8 ditional key data elements for the Seafood Import Moni9 toring Program, that collect information about labor con10 ditions in the harvest, transshipment, and processing of 

11 imported fish and fish products. 

12 (c) INTERNATIONAL FISHERIES TRADE PERMIT.— 

13 Not later than one year after the date of enactment of 

14 this Act, the Secretary shall— 

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

16 National Marine Fisheries Service a list of all cur17 rent International Fisheries Trade Permit holders, 

18 including the name of the permit holder and expira19 tion date of the permit; 

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

21 an International Fisheries Trade with respect to a 

22 permit holder or applicant that has violated any re23 quirement of section 300.322, 300.323, 300.324, or 

24 300.325 of title 50, Code of Federal Regulations; 

25 and 


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1 (3) require an International Fisheries Trade 

2 Permit for importers. 

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

4 SEAFOOD IMPORTS. 

5 The Secretary of Commerce, in consultation with the 

6 Secretary of Homeland Security, Secretary of Labor, and 

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

8 the date of enactment of this Act, finalize a detailed stra9 tegic plan to develop, mature, and adopt artificial intel10 ligence and machine learning technologies to detect im11 ports of fish and fish products at risk of being associated 

12 with illegal, unreported, or unregulated fishing, human 

13 trafficking, forced labor, and seafood fraud, and provide 

14 a detailed report of such strategic plan to the Committee 

15 on Natural Resources of the House of Representatives, 

16 and Committee on Commerce of the Senate. 

17 SEC. 106. IMPORT AUDITS. 

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

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

20 implement procedures to audit information and supporting 

21 records of sufficient numbers of imports of seafood and 

22 seafood products subject to the Seafood Import Moni23 toring Program to support statistically robust conclusions 

24 that the samples audited are representative of all seafood 

25 imports with respect to a given year. 


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1 (b) ANNUAL REVISION.—In developing the proce2 dures required in subsection (a), the Secretary shall, not 

3 less frequently than once each year, revise such procedures 

4 to prioritize for audit those imports originating from coun5 tries— 

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

7 610(a) of the High Seas Driftnet Fishing Morato8 rium Protection Act (16 U.S.C. 1826j(b) or 

9 1826k(a)) that have not yet received a subsequent 

10 positive certification pursuant to sections 609(d) or 

11 610(c) of such Act, respectively; 

12 (2) identified by an appropriate regional fishery 

13 management organization as being the flag state or 

14 landing location of vessels identified by other coun15 tries or regional fisheries management organizations 

16 as engaging in illegal, unreported, or unregulated 

17 fishing; 

18 (3) identified as having human trafficking, in19 cluding forced labor, in any part of the seafood sup20 ply chain, including on vessels flagged in such coun21 try and including feed for cultured production, in 

22 the most recent Trafficking in Persons Report 

23 issued by the Department of State in accordance 

24 with the Trafficking Victims Protection Act of 2000 

25 (22 U.S.C. 7101 et seq.); 


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1 (4) identified as producing goods that contain 

2 seafood using forced labor or oppressive child labor 

3 in the most recent List of Goods Produced by Child 

4 Labor or Forced Labor in accordance with the Traf5 ficking Victims Protection Act (22 U.S.C. 7101 et 

6 seq.); and 

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

8 including forced labor, in their seafood catching and 

9 processing industries by the report required in sec10 tion 3563 of the National Defense Authorization Act 

11 for Fiscal Year 2020 (Public Law 116–92). 

12 SEC. 107. INTERAGENCY COORDINATION. 

13 The Secretary shall coordinate with the relevant 

14 agencies to ensure that data elements described in this 

15 title can be submitted through the International Trade 

16 Data System Automated Commercial Environment to 

17 U.S. Customs and Border Protection. 

18 SEC. 108. AVAILABILITY OF FISHERIES INFORMATION. 

19 (a) IN GENERAL.—Section 402(b)(1) of the Magnu20 son-Stevens Fishery Conservation and Management Act 

21 (16 U.S.C. 1881a(b)(1)) is amended by striking ‘‘or’’ after 

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

23 the period at the end of subparagraph (H) and inserting 

24 ‘‘; or’’ , and by adding at the end the following: 


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1 ‘‘(I) to Federal agencies responsible for 

2 screening of imported seafood and for the pur3 pose of carrying out the duties under or with 

4 respect to— 

5 ‘‘(i) the Seafood Import Monitoring 

6 Program; 

7 ‘‘(ii) the Antarctic Marine Living Re8 sources Program; 

9 ‘‘(iii) the Tuna Tracking and 

10 Verification Program; 

11 ‘‘(iv) the Atlantic Highly Migratory 

12 Species International Trade Program; 

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

14 Child Labor or Forced Labor in accord15 ance with the Trafficking Victims Protec16 tion Act of 2000 (22 U.S.C. 7101 et seq.); 

17 ‘‘(vi) the Trafficking in Persons Re18 port required by section 110 of the Traf19 ficking Victims Protection Act of 2000 (22 

20 U.S.C. 7107); 

21 ‘‘(vii) enforcement activities and regu22 lations authorized under section 307 of the 

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

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

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1 tion 216.24 of title 50, Code of Federal 

2 Regulations; 

3 ‘‘(J) to Federal, State and local agencies 

4 for the purposes of verification and enforcement 

5 of title II of this Act; or 

6 ‘‘(K) information that pertains to catch 

7 documentation and legality of catch, if disclo8 sure of that information would not materially 

9 damage the value of catch or business.’’. 

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

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

12 shall issue regulations implementing the amendments in 

13 this section. 

14 SEC. 109. REPORT ON SEAFOOD IMPORT MONITORING. 

15 (a) REPORT TO CONGRESS AND PUBLIC AVAIL16 ABILITY OF REPORTS.—The Secretary shall, not later 

17 than 120 days after the end of each fiscal year and annu18 ally thereafter, submit to the Committee on Natural Re19 sources of the House of Representatives and the Com20 mittee on Commerce, Science, and Transportation of the 

21 Senate a report that summarizes the National Marine 

22 Fisheries Service’s efforts to prevent the importation of 

23 seafood harvested through illegal, unreported, or unregu24 lated fishing, particularly with respect to seafood har25 vested, produced, processed, or manufactured by forced 


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1 labor. Each such report shall be made publicly available 

2 on the Internet website of the National Oceanic and At3 mospheric Administration. 

4 (b) CONTENTS.—Each report submitted under sub5 section (a) shall include— 

6 (1) the volume and value of seafood species sub7 ject to the Seafood Import Monitoring Program, de8 scribed in section 300.324 of title 50, Code of Fed9 eral Regulations, reported by 10-digit Harmonized 

10 Tariff Schedule of the United States codes, imported 

11 during the previous fiscal year; 

12 (2) the enforcement activities and priorities of 

13 the National Marine Fisheries Service with respect 

14 to implementing the requirements under the Seafood 

15 Import Monitoring Program; 

16 (3) the percentage of import shipments subject 

17 to this program selected for inspection or the infor18 mation or records supporting entry selected for 

19 audit, as described in section 300.324(d) of title 50, 

20 Code of Federal Regulations; 

21 (4) the number and types of instances of non22 compliance with the requirements of the Seafood Im23 port Monitoring Program; 


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1 (5) the number and types of instances of viola2 tions of State or Federal law discovered through the 

3 Seafood Import Monitoring Program; 

4 (6) the seafood species with respect to which 

5 violations described in paragraphs (4) and (5) were 

6 most prevalent; 

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

8 to which violations described in paragraphs (4) and 

9 (5) were most prevalent; and 

10 (8) such other information as the Secretary 

11 considers appropriate with respect to monitoring and 

12 enforcing compliance with the Seafood Import Moni13 toring Program. 

14 SEC. 110. AUTHORIZATION OF APPROPRIATIONS. 

15 There is authorized to be appropriated to the Com16 missioner of U.S. Customs and Border Protection to carry 

17 out enforcement actions pursuant to section 307 of the 

18 Tariff Act $20,000,000 for each of fiscal years 2021 

19 through 2025 for enforcement of section 307 of the Tariff 

20 Act of 1930 (19 U.S.C. 1307). 


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1 TITLE II—SEAFOOD 

2 TRACEABILITY AND LABELING 

3 SEC. 201. FEDERAL ACTIVITIES ON SEAFOOD SAFETY AND 

4 FRAUD. 

5 (a) NATIONAL SEA GRANT COLLEGE PROGRAM.— 

6 The Administrator of the National Oceanic and Atmos7 pheric Administration shall ensure that seafood inspection 

8 activities are coordinated with the National Sea Grant 

9 College Program established by the National Sea Grant 

10 College and Program Act of 1966 (33 U.S.C. 1121 et seq.) 

11 which may provide outreach to the States, local health 

12 agencies, consumers, and the seafood industry on seafood 

13 safety and seafood fraud, as needed. 

14 (b) INSPECTING TO PREVENT SEAFOOD FRAUD.— 

15 The Secretary of Commerce and the Secretary of Health 

16 and Human Services, in coordination with the Secretary 

17 of Homeland Security, shall, to the maximum extent prac18 ticable, ensure that inspections and tests for seafood safe19 ty also collect information for seafood fraud prevention. 

20 SEC. 202. SEAFOOD LABELING AND IDENTIFICATION. 

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

22 with other relevant agencies shall, not later than three 

23 years after the date of enactment of this Act, implement 

24 the following requirements with respect to fish and fish 


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1 products imported into the United States or otherwise dis2 tributed or offered for sale in interstate commerce: 

3 (1) TRACEABILITY.—A requirement that the 

4 following information shall accompany seafood 

5 through processing and distribution: 

6 (A) The United Nations Food and Agri7 culture Organization Major Fishing Area, or a 

8 more specific location, in which the seafood was 

9 caught or cultivated. 

10 (B) The acceptable market name (as deter11 mined by the Food and Drug Administration), 

12 scientific name, and specific Aquatic Sciences 

13 and Fisheries Information System number of 

14 the Fisheries and Aquaculture Statistics Infor15 mation Service of the United Nations Food and 

16 Agriculture Organization for the seafood spe17 cies. 

18 (C) Whether the seafood was harvested 

19 wild or was farm-raised. 

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

21 including gear type as listed in section 600.725 

22 of title 50, Code of Federal Regulations, or suc23 cessor regulation, and defined in section 600.10 

24 of such title, or successor regulation. 

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


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

2 of product for an individual fish or lot. 

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

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

5 (H) Name and flag state of vessel and evi6 dence of authorization, and if applicable, a 

7 unique vessel identifier. 

8 (I) Name and location of the facility from 

9 which farm-raised seafood were harvested, the 

10 method of cultivation, source and type of feed, 

11 and evidence of authorization. 

12 (J) The National Oceanic and Atmospheric 

13 Administration Fisheries International Fish14 eries Trade Permit number issued to the im15 porter of record for the entry, if applicable. 

16 (2) LABELING.—The following information 

17 shall be included in the labeling of seafood through 

18 processing, distribution, and final sale: 

19 (A) The information required in subpara20 graphs (A), (B), (C), and (D) of paragraph (1). 

21 (B) Whether the seafood has been pre22 viously frozen or treated with any substance 

23 other than ice or water. 

24 (C) Whether the seafood was farm-raised 

25 along with information regarding the country of 


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1 cultivation, the location of the aquaculture pro2 duction area, and the method of cultivation. 

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

4 compliance with subsection (a) through the use of produc5 tion codes, quick response codes, or other types of com6 monly used processing codes and electronic bar coding 

7 methods. 

8 (c) SAFE HARBOR.—No importer, processor, dis9 tributor, or retailer may be found to be in violation of the 

10 requirements of this section for unknowingly selling a 

11 product that was already mislabeled upon receipt, pro12 vided that the importer, processor, distributor, or retailer 

13 can provide the required product traceability documenta14 tion. 

15 SEC. 203. FEDERAL ENFORCEMENT. 

16 (a) ENFORCEMENT BY SECRETARY.—The Secretary 

17 of Commerce shall prevent any person from violating this 

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

19 the same jurisdiction, powers, and duties as though sec20 tion 307 of the Magnuson-Stevens Fishery Conservation 

21 and Management Act (16 U.S.C. 1857) was incorporated 

22 into and made 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 

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


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1 public website of the Department of Commerce a list 

2 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 re8 lating to seafood fraud and illegal, unreported, or 

9 unregulated 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, un16 reported, 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 preven25 tion also collect information to support the Secretary 


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1 of 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, 

8 the Secretary of Homeland Security, the Secretary 

9 of Labor, and the Secretary of Health and Human 

10 Services shall jointly execute a memorandum of un11 derstanding to codify and improve interagency co12 operation on seafood safety, preventing illegal, unre13 ported, or unregulated fishing and human traf14 ficking, including forced labor, and seafood fraud 

15 prevention, enforcement, 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 

13 agency to promote effective enforcement 

14 actions; 

15 (C) to maximize the effectiveness of limited 

16 personnel and resources by ensuring that— 

17 (i) inspections of seafood shipments 

18 and seafood processing and production fa19 cilities by the National Oceanic and At20 mospheric Administration and the Food 

21 and Drug Administration are not duplica22 tive; and 

23 (ii) information resulting from exami24 nations, testing, and inspections conducted 

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1 spect to seafood is considered in making 

2 risk-based determinations, including the 

3 establishment of inspection priorities for 

4 domestic and foreign facilities and the ex5 amination and testing of domestic and im6 ported seafood; 

7 (D) to create a process— 

8 (i) by which data collected by all sea9 food inspectors and officers of the National 

10 Oceanic and Atmospheric Administration 

11 and U.S. Customs and Border Protection 

12 authorized to conduct inspections of sea13 food shipments or facilities that process or 

14 sell seafood, or authorized officers that 

15 conduct analysis of seafood import infor16 mation, will be used for risk-based screen17 ing of seafood shipments, including food 

18 safety, adulteration and misbranding, by 

19 the Food and Drug Administration begin20 ning not later than one year after the date 

21 of enactment of this Act; and 

22 (ii) by which data collected by the Na23 tional Oceanic and Atmospheric Adminis24 tration, U.S. Customs and Border Protec25 tion, the Department of Labor, the DeVerDate Sep 11 2014 05:02 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H3075.IH H3075

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1 partment of State, and the Food and Drug 

2 Administration is shared to maximize effi3 ciency and enforcement of seafood safety, 

4 fraud prevention, and prohibitions on ille5 gal, unreported, or unregulated fishing; 

6 (E) to create a process by which— 

7 (i) data collected by inspectors and of8 ficers of other Federal, State, or local 

9 agencies authorized to conduct inspections 

10 of seafood, or inspections of facilities that 

11 process or sell seafood, or data from im12 port analysts, will be used by the Food and 

13 Drug Administration for risk-based screen14 ing of seafood shipments; and 

15 (ii) data collected by such inspectors 

16 and officials is shared with the National 

17 Oceanic and Atmospheric Administration, 

18 U.S. Customs and Border Protection, De19 partment of Labor, and the Food and 

20 Drug Administration to maximize effi21 ciency and enforcement of seafood safety 

22 and fraud prevention; and 

23 (F) to ensure that officers and employees 

24 of the National Oceanic and Atmospheric Ad25 ministration are utilized by the Secretary of 


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1 Health and Human Services as third-party 

2 auditors pursuant to section 808 of the Federal 

3 Food, Drug, and Cosmetic Act (21 U.S.C. 

4 384d) to carry out seafood examinations and 

5 investigations under chapter VIII of such Act. 

6 SEC. 204. STATE ENFORCEMENT. 

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

8 a State, or an official or agency designated by a State, 

9 has reason to believe that any person has engaged or is 

10 engaging in a pattern or practice of seafood fraud in viola11 tion of section 203, the State may bring a civil action on 

12 behalf of its residents to enjoin fraud, an action to recover 

13 for actual monetary loss or receive $10,000 in damages 

14 for each violation, or both such actions. 

15 (b) WILLFUL OR KNOWING VIOLATIONS.—If the 

16 court finds the defendant willfully or knowingly violated 

17 this Act, the court may increase the amount of the award 

18 to an amount equal to not more than 3 times the amount 

19 available under subsection (a). 

20 SEC. 205. EFFECT ON STATE LAW. 

21 Nothing in this title shall preempt the authority of 

22 a State to establish and enforce anti-trafficking laws or 

23 requirements for improving seafood safety and preventing 

24 seafood fraud that are consistent with the requirements 

25 of 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 Fish7 eries Enforcement Act (16 U.S.C. 1826a(a)(2)) is amend8 ed to 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 

14 States Code, for any large-scale driftnet fishing 

15 vessels of a nation that receives a negative cer16 tification under sections 609(d) or 610(c) of the 

17 High Seas Driftnet Fishing Moratorium Protec18 tion Act (16 U.S.C. 1826j(d) or 1826k(c)), or 

19 fishing vessels of a nation that has been listed 

20 pursuant to sections 609(b) or 610(a) of such 

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

22 more consecutive reports as described under 

23 section 607 of such Act (16 U.S.C. 1826h), 

24 until a positive certification has been received; 

25 and 


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

3 States Code, for fishing vessels of a nation that 

4 has been listed pursuant to sections 609(b) or 

5 610(a) of such Act (16 U.S.C. 1826j(b) or 

6 1826k(a)) in two or more consecutive reports as 

7 described under section 607 of such Act (16 

8 U.S.C. 1826h); and 

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

10 in the United States and to the navigable 

11 waters of the United States, except for the pur12 poses of inspecting such vessel, conducting an 

13 investigation, or taking other appropriate en14 forcement action.’’. 

15 SEC. 302. IDENTIFICATION AND CERTIFICATION CRITERIA. 

16 (a) DENIAL OF PORT PRIVILEGES.—Strike sub17 sections (a) and (b) of section 609 of the High Seas 

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

19 1826j(a) and (b)), and insert the following: 

20 ‘‘(a) COOPERATION WITH GOVERNMENTS.— 

21 ‘‘(1) INFORMATION COLLECTION.—The Sec22 retary, in consultation with the Secretary of State, 

23 shall engage with each flag, coastal, port, and mar24 ket nation that exports seafood to the United States 

25 to collect information sufficient to evaluate the effecVerDate Sep 11 2014 05:02 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H3075.IH H3075

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1 tiveness of such nation’s management of fisheries 

2 and control systems to prevent illegal, unreported, or 

3 unregulated fishing. 

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

5 consultation with the Secretary of State, shall pro6 vide recommendations to such nations to resolve 

7 compliance gaps and improve fisheries management 

8 and control systems in order to assist such nations 

9 in preventing illegal, unreported, or unregulated 

10 fishing. 

11 ‘‘(b) IDENTIFICATION AND WARNING.— 

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

13 Secretary shall identify and list in the report re14 quired by section 607 a nation if a fishing vessel of 

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

16 years, engaged in illegal, unreported, or unregulated 

17 fishing. The Secretary shall include all nations that 

18 qualify for identification, regardless of whether the 

19 Secretary has engaged in the process described in 

20 this subsection or under subsection (a). Any of the 

21 following relevant information is sufficient to form 

22 the basis of an identification: 

23 ‘‘(A) compliance reports; 

24 ‘‘(B) data or information from inter25 national fishery management organizations, a 


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1 foreign government, or an organization or 

2 stakeholder group; 

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

4 ‘‘(D) information submitted to the Sec5 retary under section 402(a) of the Magnuson6 Stevens Fishery Conservation and Management 

7 Act (16 U.S.C. 1881a(a)); 

8 ‘‘(E) import data collected by the Sec9 retary pursuant to part 300.324 of title 50, 

10 Code of Federal Regulations; and 

11 ‘‘(F) information compiled from a Federal 

12 agency, including, the Coast Guard and agen13 cies within the Interagency Working Group on 

14 Illegal, Unreported, and Unregulated Fishing. 

15 ‘‘(2) FOR ACTIONS OF A NATION.—The Sec16 retary shall identify, and list in such report, a nation 

17 engaging in or endorsing illegal, unreported, or un18 regulated fishing, including the following: 

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

20 failed in the preceding 3-year period, to cooper21 ate with the United States government in pro22 viding information about their fisheries man23 agement and control systems described in sub24 section (a) of this section. 


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

2 violated at any point during the preceding 3 

3 years, conservation and management measures, 

4 including catch and other data reporting obliga5 tions and requirements, required under an 

6 international fishery management agreement. 

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

8 failed in the preceding 3-year period, to effec9 tively address or regulate illegal, unreported, or 

10 unregulated fishing within its fleets in any 

11 areas where its vessels are fishing. 

12 ‘‘(D) Any nation that fails to discharge du13 ties incumbent upon it under international law 

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

15 take action to prevent, deter, and eliminate ille16 gal, unreported, or unregulated fishing. 

17 ‘‘(E) Any nation that provides subsidies 

18 that— 

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

20 or unregulated fishing or increased capac21 ity and overfishing at proportionally higher 

22 rates than subsidies that promote fishery 

23 resource conservation and management; or 


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1 ‘‘(ii) that otherwise undermine the ef2 fectiveness of any international fishery con3 servation program. 

4 ‘‘(F) Any nation that has been identified 

5 as having human trafficking, including forced 

6 labor, in any part of the seafood supply chain 

7 in the most recent Trafficking in Persons Re8 port issued by the Department of State in ac9 cordance with the Trafficking Victims Protec10 tion Act of 2000 (22 U.S.C. 7101 et seq.). 

11 ‘‘(G) Any nation that has been identified 

12 as producing seafood-related goods through 

13 forced labor or oppressive child labor in the 

14 most recent List of Goods Produced by Child 

15 Labor or Forced Labor in accordance with the 

16 Trafficking Victims Protection Act of 2000 (22 

17 U.S.C. 7101 et seq.). 

18 ‘‘(H) Any nation that has been identified 

19 as at risk for human trafficking, including 

20 forced labor, in their seafood catching and proc21 essing industries in the report required in sec22 tion 3563 of the National Defense Authoriza23 tion Act for Fiscal Year 2020 (Public Law 

24 116–92). 


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

2 warning to each nation identified under this sub3 section. 

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

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

6 time that the Secretary has sufficient information to 

7 make such identification.’’. 

8 (b) ILLEGAL, UNREPORTED, OR UNREGULATED CER9 TIFICATION DETERMINATION.—Section 609(d)(1) of the 

10 High Seas Driftnet Fishing Moratorium Protection Act 

11 (16 U.S.C. 1826j(d)(1)) is amended to read as follows: 

12 ‘‘(1) CERTIFICATION DETERMINATION.— 

13 ‘‘(A) IN GENERAL.—The Secretary shall 

14 establish a procedure for certifying whether a 

15 nation identified under subsection (b) has taken 

16 appropriate corrective action with respect to the 

17 offending activities identified under section (b) 

18 that has led to measurable improvements in the 

19 reduction of illegal, unreported, or unregulated 

20 fishing and any underlying regulatory, policy, or 

21 practice failings or gaps that may have contrib22 uted to such identification. 

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

24 Secretary shall ensure that the procedure estab25 lished under subparagraph (A) provides for noVerDate Sep 11 2014 05:02 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H3075.IH H3075

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1 tice and an opportunity for comment by the 

2 identified nation. 

3 ‘‘(C) DETERMINATION.—The Secretary 

4 shall, consistent with such procedure, determine 

5 and certify to the Congress not later than 90 

6 days after the date on which the Secretary 

7 issues a final rule containing the procedure, and 

8 biennially thereafter— 

9 ‘‘(i) whether the government of each 

10 nation identified under subsection (b) has 

11 provided documentary evidence that such 

12 nation has taken corrective action with re13 spect to such identification; or 

14 ‘‘(ii) whether the relevant inter15 national fishery management organization 

16 has taken corrective action that has ended 

17 the illegal, unreported, or unregulated fish18 ing activity by vessels of that nation. 

19 ‘‘(2) ALTERNATIVE PROCEDURE.—The Sec20 retary may establish a procedure to authorize, on a 

21 shipment-by-shipment, shipper-by-shipper, or other 

22 basis the importation of fish or fish products from 

23 a fishery within a nation issued a negative certifi24 cation under paragraph (1) if the Secretary— 


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1 ‘‘(A) determines the fishery has not en2 gaged in illegal, unreported, or unregulated 

3 fishing under an international fishery manage4 ment agreement to which the United States is 

5 a party; 

6 ‘‘(B) determines the fishery is not identi7 fied by an international fishery management or8 ganization as participating in illegal, unre9 ported, or unregulated fishing activities; and 

10 ‘‘(C) ensures that any such seafood or sea11 food products authorized for entry under this 

12 section are imported consistent with the report13 ing and the recordkeeping requirements of Sea14 food Import Monitoring Program described in 

15 part 300.324(b) of title 50, Code of Federal 

16 Regulations (or any successor regulation). 

17 ‘‘(3) EFFECT OF CERTIFICATION DETERMINA18 TION.— 

19 ‘‘(A) EFFECT OF NEGATIVE CERTIFI20 CATION.—The provisions of subsections (a) and 

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

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

23 1826a(a) and (b)(3) and (4)) shall apply to any 

24 nation that, after being identified and warned 

25 under subsection (b) has failed to take the apVerDate Sep 11 2014 05:02 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H3075.IH H3075

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1 propriate corrective actions for which the Sec2 retary has issued a negative certification under 

3 this subsection. 

4 ‘‘(B) EFFECT OF POSITIVE CERTIFI5 CATION.—The provisions of subsections (a) and 

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

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

8 1826a(a) and (b)(3) and (4)) shall not apply to 

9 any nation identified under subsection (a) for 

10 which the Secretary has issued a positive cer11 tification under this subsection.’’. 

12 SEC. 303. ILLEGAL, UNREPORTED, OR UNREGULATED FISH13 ING DEFINED. 

14 (a) DEFINITION OF ILLEGAL, UNREPORTED, OR UN15 REGULATED FISHING IN THE HIGH SEAS DRIFTNET

16 FISHING MORATORIUM PROTECTION ACT.—Section 

17 609(e) of the High Seas Driftnet Fishing Moratorium 

18 Protection Act (16 U.S.C. 1826j(e)) is amended to read 

19 as follows: 

20 ‘‘(e) ILLEGAL, UNREPORTED, OR UNREGULATED

21 FISHING DEFINED.—In this title, the term ‘illegal, unre22 ported, or unregulated fishing’ means any activity set out 

23 in paragraph 3 of the 2001 Food and Agriculture Organi24 zation International Plan of Action to Prevent, Deter and 

25 Eliminate Illegal, Unreported, and Unregulated Fishing.’’. 


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1 (b) DEFINITION OF ILLEGAL, UNREPORTED, OR UN2 REGULATED FISHING IN THE MAGNUSON-STEVENS FISH3 ERY CONSERVATION AND MANAGEMENT ACT.—Section 3 

4 of the Magnuson-Stevens Fishery Conservation and Man5 agement Act (16 U.S.C. 1802) is amended by adding at 

6 the end the following: 

7 ‘‘(51) The term ‘illegal, unreported, or unregu8 lated fishing’ means any activity set out in para9 graph 3 of the 2001 Food and Agriculture Organiza10 tion International Plan of Action to Prevent, Deter 

11 and Eliminate Illegal, Unreported, and Unregulated 

12 Fishing.’’. 

13 (c) RULE OF CONSTRUCTION.—In construing the 

14 term ‘‘illegal, unreported, or unregulated fishing’’ for pur15 poses of the High Seas Driftnet Fishing Moratorium Pro16 tection Act and the Magnuson-Stevens Fishery Conserva17 tion and Management Act, the Secretary shall follow inter18 nationally recognized labor rights stated in the Inter19 national Labour Organization Declaration on Funda20 mental Principles and Rights at Work and its Follow-Up 

21 (1998), including— 

22 (1) freedom of association and the effective rec23 ognition of the right to collective bargaining; 

24 (2) the elimination of all forms of forced or 

25 compulsory labor; 


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1 (3) the effective abolition of oppressive child 

2 labor, a prohibition on the worst forms of child 

3 labor, and other labor protections for children and 

4 minors; 

5 (4) the elimination of discrimination in respect 

6 of employment and occupation; and 

7 (5) acceptable conditions of work with respect 

8 to minimum wages, hours of work, and occupational 

9 safety and health. 

10 SEC. 304. EQUIVALENT CONSERVATION MEASURES. 

11 (a) IDENTIFICATION.—Section 610(a) of the High 

12 Seas Driftnet Fishing Moratorium Protection Act (16 

13 U.S.C. 1826k(a)) is amended to read as follows: 

14 ‘‘(a) IDENTIFICATION.— 

15 ‘‘(1) The Secretary shall identify and list in the 

16 report under section 607— 

17 ‘‘(A) a nation if— 

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

19 is engaged, or has been engaged during the 

20 preceding 3 years in fishing activities or 

21 practices on the high sees or within the ex22 clusive economic zone of another country, 

23 that have resulted in bycatch of a pro24 tected living marine resource; and 


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

2 adopted, implemented, and enforced a reg3 ulatory program governing such fishing de4 signed to end or reduce such bycatch that 

5 is comparable to the regulatory program of 

6 the United States; and 

7 ‘‘(B) a nation if— 

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

9 is engaged, or has engaged during the pre10 ceding 3 years, in fishing activities on the 

11 high sees or within the exclusive economic 

12 zone of another country that target or inci13 dentally catch sharks; and 

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

15 adopted, implemented, and enforced a reg16 ulatory program to provide for the con17 servation of sharks, including measures to 

18 prohibit removal of any of the fins of a 

19 shark, including the tail, before landing the 

20 shark in port that is comparable to that of 

21 the United States. 

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

23 identification under paragraph (1) at any time that 

24 the Secretary has sufficient information to make 

25 such identification.’’. 


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1 (b) CONSULTATION AND NEGOTIATION.—Section 

2 610(b) of the High Seas Driftnet Fishing Moratorium 

3 Protection Act (16 U.S.C. 1826k(b)) is amended to read 

4 as follows: 

5 ‘‘(b) CONSULTATION AND NEGOTIATION.—The Sec6 retary of State, acting in conjunction with the Secretary, 

7 shall— 

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

9 nations that have been identified under subsection 

10 (a), and other nations whose vessels engage in fish11 ing activities or practices described in subsection (a), 

12 about the provisions of this Act; 

13 ‘‘(2) initiate discussions as soon as possible 

14 with all foreign countries which are engaged in, or 

15 a fishing vessel of which has engaged in, fishing ac16 tivities described in subsection (a), for the purpose 

17 of entering into bilateral and multilateral treaties 

18 with such countries to protect such species and to 

19 address any underlying failings or gaps that may 

20 have contributed to identification under this Act; 

21 ‘‘(3) seek agreements calling for international 

22 restrictions on fishing activities or practices de23 scribed in subsection (a) through the United Na24 tions, the Food and Agriculture Organization’s ComVerDate Sep 11 2014 05:02 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H3075.IH H3075

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1 mittee on Fisheries, and appropriate international 

2 fishery management bodies; and 

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

4 international treaty for the protection and conserva5 tion of such species to which the United States is a 

6 party in order to make such treaty consistent with 

7 the purposes and policies of this section.’’. 

8 (c) CONSERVATION CERTIFICATION PROCEDURE.— 

9 Section 610(c) of the High Seas Driftnet Fishing Morato10 rium Protection Act (16 U.S.C. 1826k(c)) is amended— 

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

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

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

14 and’’ after ‘‘by’’; 

15 (3) in paragraph (4)— 

16 (A) in subparagraph (A), by striking ‘‘, 

17 taking into account different conditions’’; 

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

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

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

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

22 products authorized for entry under this section 

23 are imported consistent with the reporting and 

24 the recordkeeping requirements of the Seafood 

25 Import Monitoring Program established by part 


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1 300.324(b) of title 50, Code of Federal Regula2 tions (or any successor regulations).’’; and 

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

4 the extent that such provisions apply to sport fishing 

5 equipment or fish or fish products not caught by the 

6 vessels engaged in illegal, unreported, or unregulated 

7 fishing)’’. 

8 SEC. 305. REGULATIONS. 

9 Not later than 1 year after the date of enactment 

10 of this Act, the Secretary shall promulgate regulations im11 plementing this title. 

12 TITLE IV—MARITIME SAFE 

13 AMENDMENTS 

14 SEC. 401. ILLEGAL, UNREPORTED, OR UNREGULATED FISH15 ING WORKING GROUP RESPONSIBILITIES. 

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

17 Law 116–92) is amended— 

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

19 end; 

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

21 the end and inserting a semicolon; and 

22 (3) by adding at the end: 

23 ‘‘(14) developing a strategy for leveraging en24 forcement capacity against illegal, unreported, or un25 regulated fishing and increasing enforcement and 


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1 other actions across relevant import control and as2 sessment programs including— 

3 ‘‘(A) the Seafood Import Monitoring Pro4 gram described in part 300.324(b) of title 50, 

5 Code of Federal Regulations (or any successor 

6 regulation); 

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

8 Labor or Forced Labor produced pursuant to 

9 section 105 of the Trafficking Victims Protec10 tion Reauthorization Act of 2005 (22 U.S.C. 

11 7112); 

12 ‘‘(C) the List of Nations with vessels en13 gaged in illegal, unreported, or unregulated 

14 fishing pursuant to section 607 of the High 

15 Seas Driftnet Fishing Moratorium Protection 

16 Act (16 U.S.C. 1826h); 

17 ‘‘(D) the Trafficking in Persons Report re18 quired by section 110 of the Trafficking Vic19 tims Protection Act of 2000 (22 U.S.C. 7107); 

20 ‘‘(E) U.S. Customs and Border Protec21 tion’s Forced Labor Division and enforcement 

22 activities and regulations authorized under Sec23 tion 307 of the Tariff Act of 1930 (19 U.S.C. 

24 1307); and 


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1 ‘‘(F) other relevant programs of Working 

2 Group member agencies; and 

3 ‘‘(15) assessing areas for increased information 

4 sharing and collaboration among Federal Working 

5 Group member agencies and State-based enforce6 ment, wildlife, and fisheries management agencies to 

7 identify, interdict, investigate, and prosecute illegal, 

8 unreported, or unregulated fishing and fraudulent 

9 seafood imports into the United States that were a 

10 product of such fishing, including through imple11 mentation of the Seafood Import Monitoring Pro12 gram. The Federal Working Group shall emphasize 

13 developing, updating, and employing risk screens to 

14 analyze harvest, traceability, and verification and 

15 certification information in real time as a key path16 way to trigger product audits and enforcement ac17 tions.’’. 

18 SEC. 402. STRATEGIC PLAN. 

19 Section 3552 of the Maritime SAFE Act (Public Law 

20 116–92) is amended by adding at the end: 

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

22 SHARING, AND ANALYSIS.— 

23 ‘‘(1) IN GENERAL.—The strategic plan sub24 mitted under subsection (a) shall identify informa25 tion and resources to prevent illegal, unreported, or 


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1 unregulated fishing or fraudulently labeled or other2 wise misrepresented seafood from entering United 

3 States commerce. The report shall include a timeline 

4 for implementation of recommendations with respect 

5 to each of the following: 

6 ‘‘(A) Identification of relevant data 

7 streams collected by Working Group members. 

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

9 or other barriers to the sharing of such data. 

10 ‘‘(C) Strategies for integrating data 

11 streams through the International Trade Data 

12 System Automated Commercial Environment or 

13 other relevant digital platforms. 

14 ‘‘(D) Recommendations for enhancing the 

15 automated risk targeting and effectiveness of 

16 risk analysis and detection of illegal, unauthor17 ized, or unreported fishing and fraudulent sea18 food through the Seafood Import Monitoring 

19 Program. 

20 ‘‘(E) Recommendations for improving the 

21 utility and effectiveness of the Commercial Tar22 geting and Analysis Center in detecting illegal, 

23 unauthorized, or unreported fishing and fraudu24 lent products through adoption of these strate25 gies or other enhancements. 


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1 ‘‘(F) Recommendations for joint enforce2 ment protocols, collaboration, and information 

3 sharing between Federal agencies and States. 

4 ‘‘(G) Recommendations for sharing and de5 veloping forensic resources between Federal 

6 agencies and States. 

7 ‘‘(H) Recommendations for enhancing ca8 pacity for U.S. Customs and Border Protection 

9 and National Oceanic and Atmospheric Admin10 istration to conduct field investigations and to 

11 coordinate enforcement efforts with State en12 forcement officials. 

13 ‘‘(I) An implementation strategy, with 

14 milestones and deadlines and specific budgetary 

15 requirements, for implementing recommenda16 tions described in the report. 

17 ‘‘(2) PROGRESS REPORT.—Not later than 2 

18 years after submission of the 5-year integrated stra19 tegic plan, the Working Group shall submit a report 

20 to the Committee on Commerce, Science, and Trans21 portation of the Senate, the Committee on Foreign 

22 Relations of the Senate, the Committee on Appro23 priations of the Senate, the Committee on Transpor24 tation and Infrastructure of the House of Represent25 atives, the Committee on Natural Resources of the 


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1 House of Representatives, the Committee on Foreign 

2 Affairs of the House of Representatives, and the 

3 Committee on Appropriations of the House of Rep4 resentatives on progress in implementing the rec5 ommendations described in this subsection.’’. 

6 SEC. 403. AUTHORITY TO HOLD FISH PRODUCTS. 

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

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

9 is amended— 

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

11 inserting a semicolon; 

12 (2) in subparagraph (C), striking the period 

13 and inserting ‘‘; and’’; and 

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

15 subparagraph: 

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

17 any shipment of fish or fish product imported 

18 into, landed on, introduced into, exported from, 

19 or transported within the jurisdiction of the 

20 United States, or, if such fish or fish product 

21 is deemed to be perishable, sell and retain the 

22 proceeds therefrom for a period of up to 21 

23 days.’’. 


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1 TITLE V—MARITIME 

2 AWARENESS 

3 SEC. 501. AUTOMATIC IDENTIFICATION SYSTEM REQUIRE4 MENTS. 

5 (a) SENSE OF CONGRESS.—It is the sense of Con6 gress that automatic identification systems, originally con7 ceived for collision avoidance, are the best available tool 

8 to track spatio-temporal fishing efforts and gear deploy9 ment in the exclusive economic zone of the United States 

10 and on the high seas in order to manage shared use of 

11 the ocean, improve fisheries and natural resource manage12 ment, and deter and interdict illegal, unreported, or un13 regulated fishing and associated human trafficking, in14 cluding forced labor and oppressive child labor. 

15 (b) REQUIREMENT FOR FISHING VESSELS TO HAVE

16 AUTOMATIC IDENTIFICATION SYSTEMS.—Section 

17 70114(a)(1) of title 46, United States Code, is amended— 

18 (1) by inserting ‘‘in the United States exclusive 

19 economic zone, or on the high seas,’’ after ‘‘States,’’; 

20 (2) by redesignating subparagraph (D) as sub21 paragraph (E); and 

22 (3) by inserting after subparagraph (C) the fol23 lowing: 


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1 ‘‘(D) A fishing vessel, fish processing ves2 sel, and fish tender vessel of more than 50 feet 

3 overall in length.’’. 

4 (c) AVAILABILITY OF DATA.—Section 70114 of title 

5 46, United States Code, is amended by adding at the end 

6 the following: 

7 ‘‘(c) AVAILABILITY OF DATA.—The Secretary shall 

8 make data collected by the Coast Guard Nationwide Auto9 matic Identification System available to the public in 

10 archived form, and to governments and government-spon11 sored entities upon request and approval pursuant to 

12 Commandant Instruction 5230.80 and International Tele13 communications Union Recommendation ITU–R M.1371– 

14 3.’’. 

15 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to the Secretary for fiscal 

17 year 2022, $5,000,000, to remain available until ex18 pended, to purchase automatic identification systems for 

19 fishing vessels, fish processing vessels, fish tender vessels 

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

21 and the amendments made by this title. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS