124 
(c) SHARK FINNING PROHIBITION ACT.—Section 10 
of the Shark Finning Prohibition Act (16 U.S.C. 1822 
note) is amended by striking ‘‘fiscal years 2001 through 
2005’’ and inserting ‘‘fiscal years 2007 through 2010’’. 
(d) PACIFIC SALMON TREATY ACT.— 
(1) TRANSFER OF SECTION TO ACT.—The text 
of section 623 of title VI of H.R. 3421 (113 Stat. 
1501A–56), as introduced on November 17, 1999, 
and enacted into law by section 1000(a)(1) of the 
Act of November 29, 1999 (Public Law 106–113)— 
(A) is transferred to the Pacific Salmon 
Treaty Act (16 U.S.C. 3631 et seq.) and in-
serted after section 15; and 
(B) amended— 
(i) by striking ‘‘SEC. 623.’’; and 
(ii) inserting before ‘‘(a) NORTHERN 
FUND AND SOUTHERN FUND.—’’ the fol-
lowing: 
‘‘SEC. 16. NORTHERN AND SOUTHERN FUNDS; TREATY IM-
PLEMENTATION; 
ADDITIONAL 
AUTHORIZA-
TION OF APPROPRIATIONS.’’. 
(2) TECHNICAL CORRECTION.—The amendment 
made by the Department of Commerce and Related 
Agencies Appropriations Act, 2005 under the head-
ing ‘‘PACIFIC
COASTAL
SALMON
RECOVERY’’ (118 
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125 
Stat. 2881), to section 628(2)(A) of the Depart-
ments of Commerce, Justice, and State, the Judici-
ary, and Related Agencies Appropriations Act, 2001 
is 
deemed 
to 
have 
been 
made 
to 
section 
623(d)(2)(A) of title VI of H.R. 3421 (113 Stat. 
1501A–56), as introduced on November 17, 1999, 
enacted into law by section 1000(a)(1) of the Act of 
November 29, 1999 (Public Law 106–113) instead 
of to such section 628(2)(A), as of the date of enact-
ment of the Department of Commerce and Related 
Agencies Appropriations Act, 2005. 
(3) REAUTHORIZATION.—Section 16(d)(2)(A) 
of the Pacific Salmon Treaty Act, as transferred by 
subsection (a), is amended— 
(A) by inserting ‘‘sustainable salmon fish-
eries,’’ after ‘‘enhancement,’’; and 
(B) by inserting ‘‘2007, 2008, and 2009,’’ 
after ‘‘2005,’’. 
(e) STATE AUTHORITY FOR DUNGENESS CRAB FISH-
ERY MANAGEMENT.—Section 203 of Public Law 105–384 
(16 U.S.C. 1856 note) is amended— 
(1) by striking ‘‘September 30, 2006.’’ in sub-
section (i) and inserting ‘‘September 30, 2016.’’; 
(2) by striking ‘‘health’’ in subsection (j) and 
inserting ‘‘status’’; and 
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126 
(3) by striking ‘‘California.’’ in subsection (j) 
and inserting ‘‘California, including— 
‘‘(1) stock status and trends throughout its 
range; 
‘‘(2) a description of applicable research and 
scientific review processes used to determine stock 
status and trends; and 
‘‘(3) measures implemented or planned that are 
designed to prevent or end overfishing in the fish-
ery.’’. 
TITLE IV—INTERNATIONAL 
SEC. 401. FINDING WITH RESPECT TO ILLEGAL, UNRE-
PORTED, AND UNREGULATED FISHING. 
Section 2(a) (16 U.S.C. 1801(a)), as amended by sec-
tion 3 of this Act, is further amended by adding at the 
end the following: 
‘‘(12) International cooperation is necessary to 
address illegal, unreported, and unregulated fishing 
and other fishing practices which may harm the sus-
tainability of living marine resources and disadvan-
tage the United States fishing industry.’’. 
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SEC. 402. ACTION TO END ILLEGAL, UNREPORTED, OR UN-
REGULATED FISHING AND REDUCE BYCATCH 
OF PROTECTED MARINE SPECIES. 
(a) IN GENERAL.—Title VI of the High Seas Driftnet 
Fishing Moratorium Protection Act (16 U.S.C. 1826d et 
seq.), is amended by adding at the end the following: 
‘‘SEC. 607. BIENNIAL REPORT ON INTERNATIONAL COMPLI-
ANCE. 
‘‘The Secretary, in consultation with the Secretary of 
State, shall provide to Congress, by not later than 2 years 
after the date of enactment of the Magnuson-Stevens 
Fishery Conservation and Management Amendments Act 
of 2006, and every 2 years thereafter, a report that in-
cludes— 
‘‘(1) the state of knowledge on the status of 
international living marine resources, including a list 
of all fish stocks classified as depleted, endangered, 
or threatened with extinction by any international or 
other authority charged with management or con-
servation of living marine resources; 
‘‘(2) a list of nations whose vessels have been 
identified under sections 609(a) or 610(a), including 
the specific offending activities and any subsequent 
actions taken pursuant to section 609 or 610; 
‘‘(3) a description of efforts taken by nations on 
those lists to comply with the provisions of sections 
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128 
609 and 610, and an evaluation of the progress of 
those efforts, including steps taken by the United 
States to implement those sections and to improve 
international compliance; 
‘‘(4) progress at the international level, pursu-
ant to section 608, to strengthen the efforts of inter-
national fishery management organizations to end il-
legal, unreported, or unregulated fishing; and 
‘‘(5) a plan of action for ensuring the conclu-
sion and entry into force of international measures 
comparable to those of the United States to reduce 
impacts of fishing and other practices on protected 
living marine resources, if no international agree-
ment to achieve such goal exists, or if the relevant 
international fishery or conservation organization 
has failed to implement effective measures to end or 
reduce the adverse impacts of fishing practices on 
such species. 
‘‘SEC. 608. ACTION TO STRENGTHEN INTERNATIONAL FISH-
ERY MANAGEMENT ORGANIZATIONS. 
‘‘The Secretary, in consultation with the Secretary of 
State, and in cooperation with relevant fishery manage-
ment councils, shall take actions to improve the effective-
ness of international fishery management organizations in 
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129 
conserving and managing fish stocks under their jurisdic-
tion. These actions shall include— 
‘‘(1) urging international fishery management 
organizations to which the United States is a mem-
ber— 
‘‘(A) to incorporate multilateral sanctions 
against member or nonmember governments 
whose vessels engage in illegal, unreported, or 
unregulated fishing; 
‘‘(B) to seek adoption of lists that identify 
fishing vessels engaged in illegal, unreported, or 
unregulated 
fishing, 
including 
authorized 
(green) and unauthorized (red) vessel lists, that 
can be shared among all members and other 
international fishery management organizations; 
‘‘(C) to seek international adoption of a 
centralized vessel monitoring system with an 
independent secretariat in order to monitor and 
document capacity in fleets of all nations in-
volved in fishing in areas under the an inter-
national fishery management organization’s ju-
risdiction; 
‘‘(D) to increase use of observers and tech-
nologies needed to monitor compliance with con-
servation and management measures estab-
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130 
lished by the organization, including vessel 
monitoring systems and automatic identification 
systems; and 
‘‘(E) to seek adoption of greater port state 
controls in all nations, particularly those na-
tions whose vessels engage in illegal, unre-
ported, or unregulated fishing; 
‘‘(2) urging international fishery management 
organizations to which the United States is a mem-
ber, as well as all members of those organizations, 
to adopt and expand the use of market-related meas-
ures to combat illegal, unreported, or unregulated 
fishing, including— 
‘‘(A) import prohibitions, landing restric-
tions, or other market-based measures needed 
to enforce compliance with international fishery 
management organization measures, such as 
quotas and catch limits; 
‘‘(B) import restrictions or other market- 
based measures to prevent the trade or impor-
tation of fish caught by vessels identified multi-
laterally as engaging in illegal, unreported, or 
unregulated fishing; and 
‘‘(C) catch documentation and certification 
schemes to improve tracking and identification 
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131 
of catch of vessels engaged in illegal, unre-
ported, or unregulated fishing, including ad-
vance transmission of catch documents to ports 
of entry; and 
‘‘(3) urging other nations at bilateral, regional, 
and international levels, including the Convention on 
International Trade in Endangered Species of 
Fauna and Flora and the World Trade Organization 
to take all steps necessary, consistent with inter-
national law, to adopt measures and policies that 
will prevent fish or other living marine resources 
harvested by vessels engaged in illegal, unreported, 
or unregulated fishing from being traded or im-
ported into their nation or territories. 
‘‘SEC. 609. ILLEGAL, UNREPORTED, OR UNREGULATED 
FISHING. 
‘‘(a) IDENTIFICATION.—The Secretary shall identify, 
and list in the report under section 607, a nation if— 
‘‘(1) fishing vessels of that nation are engaged, 
or have been engaged during the preceding calendar 
year in illegal, unreported, or unregulated fishing; 
and 
‘‘(2) the relevant international fishery manage-
ment organization has failed to implement effective 
measures to end the illegal unreported, or unregu-
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132 
lated fishing activity by vessels of that nation or the 
nation is not a party to, or does not maintain co-
operating status with, such organization, or where 
no international fishery management organization 
exists. 
‘‘(b) NOTIFICATION.—An identification under sub-
section (a) or section 610(a) is deemed to be an identifica-
tion under section 101(b)(1)(A) of the High Seas Driftnet 
Fisheries Enforcement Act (16 U.S.C. 1826a(b)(1)(A)), 
and the Secretary shall notify the President and that na-
tion of such identification. 
‘‘(c) CONSULTATION.—No later than 60 days after 
submitting a report to Congress under section 607, the 
Secretary, in consultation with the Secretary of State, 
shall— 
‘‘(1) notify nations listed in the report of the 
requirements of this section; 
‘‘(2) initiate consultations for the purpose of 
encouraging such nations to take the appropriate 
corrective action with respect to the offending activi-
ties of their fishing vessels identified in the report; 
and 
‘‘(3) notify any relevant international fishery 
management organization of the actions taken by 
the United States under this section. 
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133 
‘‘(d) IUU CERTIFICATION PROCEDURE.— 
‘‘(1) CERTIFICATION.—The Secretary shall es-
tablish a procedure, consistent with the provisions of 
subchapter II of chapter 5 of title 5, United States 
Code, and including notice and an opportunity for 
comment by the governments of any nation listed by 
the Secretary under subsection (a), for determining 
if that government has taken appropriate corrective 
action with respect to the offending activities of its 
fishing vessels identified in the report under section 
607. The Secretary shall determine, on the basis of 
the procedure, and certify to the Congress no later 
than 90 days after the date on which the Secretary 
promulgates a final rule containing the procedure, 
and biennially thereafter in the report under section 
607— 
‘‘(A) whether the government of each na-
tion identified under subsection (b) has pro-
vided documentary evidence that it has taken 
corrective action with respect to the offending 
activities of its fishing vessels identified in the 
report; or 
‘‘(B) whether the relevant international 
fishery management organization has imple-
mented measures that are effective in ending 
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134 
the illegal, unreported, or unregulated fishing 
activity by vessels of that nation. 
‘‘(2) ALTERNATIVE
PROCEDURE.—The Sec-
retary may establish a procedure for certification, on 
a shipment-by-shipment, shipper-by-shipper, or other 
basis of fish or fish products from a vessel of a har-
vesting nation not certified under paragraph (1) if 
the Secretary determines that— 
‘‘(A) the vessel has not engaged in illegal, 
unreported, or unregulated fishing under an 
international fishery management agreement to 
which the United States is a party; or 
‘‘(B) the vessel is not identified by an 
international fishery management organization 
as participating in illegal, unreported, or un-
regulated fishing activities. 
‘‘(3) EFFECT OF CERTIFICATION.—The provi-
sions of section 101(a) and section 101(b)(3) and 
(4) of this Act (16 U.S.C. 1826a(a), (b)(3), and 
(b)(4)) shall apply to any nation identified under 
subsection (a) that has not been certified by the Sec-
retary under this subsection, or for which the Sec-
retary has issued a negative certification under this 
subsection, but shall not apply to any nation identi-
fied under subsection (a) for which the Secretary 
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135 
has issued a positive certification under this sub-
section. 
‘‘(e) ILLEGAL, UNREPORTED, OR UNREGULATED 
FISHING DEFINED.— 
‘‘(1) IN GENERAL.—In this Act the term ‘ille-
gal, unreported, or unregulated fishing’ has the 
meaning established under paragraph (2). 
‘‘(2) SECRETARY
TO
DEFINE
TERM
WITHIN 
LEGISLATIVE GUIDELINES.—Within 3 months after 
the date of enactment of the Magnuson-Stevens 
Fishery Conservation and Management Amendments 
Act of 2006, the Secretary shall publish a definition 
of the term ‘illegal, unreported, or unregulated fish-
ing’ for purposes of this Act. 
‘‘(3) GUIDELINES.—The Secretary shall include 
in the definition, at a minimum— 
‘‘(A) fishing activities that violate con-
servation and management measures required 
under an international fishery management 
agreement to which the United States is a 
party, including catch limits or quotas, capacity 
restrictions, and bycatch reduction require-
ments; 
‘‘(B) overfishing of fish stocks shared by 
the United States, for which there are no appli-
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