(C) Whether the seafood was farm-raised 
along with information regarding the country of 
cultivation, the location of the aquaculture pro-
duction area, and the method of cultivation. 
(b) PRODUCTION CODES.—The Secretary shall allow 
compliance with subsection (a) through the use of produc-
tion codes, quick response codes, or other types of commonly 
used processing codes and electronic bar coding methods. 
(c) SAFE HARBOR.—No importer, processor, dis-
tributor, or retailer may be found to be in violation of the 
requirements of this section for unknowingly selling a prod-
uct that was already mislabeled upon receipt, provided that 
the importer, processor, distributor, or retailer can provide 
the required product traceability documentation. 
SEC. 203. FEDERAL ENFORCEMENT. 
(a) ENFORCEMENT BY SECRETARY.—The Secretary of 
Commerce shall prevent any person from violating this Act 
in the same manner, by the same means, and with the same 
jurisdiction, powers, and duties as though section 307 of 
the Magnuson-Stevens Fishery Conservation and Manage-
ment Act (16 U.S.C. 1857) was incorporated into and made 
a part of and applicable to this Act. 
(b) LIST OF OFFENDERS.—The Secretary of Com-
merce, in consultation with the Secretary of Health and 
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Human Services, shall develop, maintain, and post on the 
public website of the Department of Commerce a list that— 
(1) includes, by country, each exporter whose 
seafood is imported or offered for import into the 
United States; and 
(2) for each such exporter, tracks the timing, 
type, and frequency of violations of Federal law relat-
ing to seafood fraud and illegal, unreported, or un-
regulated fishing. 
(c) INSPECTIONS.—The Secretary of Commerce, in 
consultation with the Secretary of Health and Human 
Services, shall— 
(1) increase, as resources allow, the number of 
foreign and domestic seafood shipments that are au-
dited or inspected for seafood fraud and illegal, unre-
ported, or unregulated fishing by National Oceanic 
and Atmospheric Administration auditors and au-
thorized officers, including verification of compliance 
with the traceability requirements of section 104(a); 
(2) conduct audits and inspections, as resources 
allow, at a sufficient level to promote compliance and 
deterrence; and 
(3) to the maximum extent practicable, ensure 
that inspections and tests for seafood fraud prevention 
also collect information to support the Secretary of 
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Health and Human Services in implementing the 
seafood safety requirements of the FDA Food Safety 
Modernization Act (Public Law 111–353). 
(d) INTERAGENCY AGREEMENT.— 
(1) MEMORANDUM
OF
UNDERSTANDING
RE-
QUIRED.—Not later than one year after the date of 
enactment of this Act, the Secretary of Commerce, the 
Secretary of Homeland Security, the Secretary of 
Labor, and the Secretary of Health and Human Serv-
ices shall jointly execute a memorandum of under-
standing to codify and improve interagency coopera-
tion on seafood safety, preventing illegal, unreported, 
or unregulated fishing and human trafficking, includ-
ing forced labor, and seafood fraud prevention, en-
forcement, and inspections. 
(2) REQUIREMENTS.—The memorandum of un-
derstanding required by paragraph (1) shall include 
provisions, performance metrics, and timelines as the 
Secretaries consider appropriate to improve such co-
operation described in such paragraph (acting under 
provisions of law other than this subsection)— 
(A) to identify and execute specific proce-
dures for using authorities granted under the 
FDA Food Safety Modernization Act (Public 
Law 111–353) to ensure and improve the safety 
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of commercially marketed seafood in the United 
States; 
(B) to identify and execute specific proce-
dures for interagency cooperation on— 
(i) interagency resource and informa-
tion sharing; 
(ii) use and development of forensic 
tools including means to fill existing gaps 
in capabilities and eliminate duplication; 
and 
(iii) development of specific forensic 
analysis information required by each agen-
cy to promote effective enforcement actions; 
(C) to maximize the effectiveness of limited 
personnel and resources by ensuring that— 
(i) inspections of seafood shipments 
and seafood processing and production fa-
cilities by the National Oceanic and Atmos-
pheric Administration and the Food and 
Drug Administration are not duplicative; 
and 
(ii) information resulting from exami-
nations, testing, and inspections conducted 
by the Department of Commerce with re-
spect to seafood is considered in making 
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risk-based determinations, including the es-
tablishment of inspection priorities for do-
mestic and foreign facilities and the exam-
ination and testing of domestic and im-
ported seafood; 
(D) to create a process— 
(i) by which data collected by all sea-
food inspectors and officers of the National 
Oceanic and Atmospheric Administration 
and U.S. Customs and Border Protection 
authorized to conduct inspections of seafood 
shipments or facilities that process or sell 
seafood, or authorized officers that conduct 
analysis of seafood import information, will 
be used for risk-based screening of seafood 
shipments, including food safety, adultera-
tion and misbranding, by the Food and 
Drug Administration beginning not later 
than one year after the date of enactment of 
this Act; and 
(ii) by which data collected by the Na-
tional Oceanic and Atmospheric Adminis-
tration, U.S. Customs and Border Protec-
tion, the Department of Labor, the Depart-
ment of State, and the Food and Drug Ad-
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ministration is shared to maximize effi-
ciency and enforcement of seafood safety, 
fraud prevention, and prohibitions on ille-
gal, unreported, or unregulated fishing; 
(E) to create a process by which— 
(i) data collected by inspectors and of-
ficers of other Federal, State, or local agen-
cies authorized to conduct inspections of 
seafood, or inspections of facilities that 
process or sell seafood, or data from import 
analysts, will be used by the Food and Drug 
Administration for risk-based screening of 
seafood shipments; and 
(ii) data collected by such inspectors 
and officials is shared with the National 
Oceanic and Atmospheric Administration, 
U.S. Customs and Border Protection, De-
partment of Labor, and the Food and Drug 
Administration to maximize efficiency and 
enforcement of seafood safety and fraud pre-
vention; and 
(F) to ensure that officers and employees of 
the National Oceanic and Atmospheric Adminis-
tration are utilized by the Secretary of Health 
and Human Services as third-party auditors 
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pursuant to section 808 of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 384d) to 
carry out seafood examinations and investiga-
tions under chapter VIII of such Act. 
SEC. 204. STATE ENFORCEMENT. 
(a) IN GENERAL.—Whenever the attorney general of 
a State, or an official or agency designated by a State, has 
reason to believe that any person has engaged or is engaging 
in a pattern or practice of seafood fraud in violation of 
section 203, the State may bring a civil action on behalf 
of its residents to enjoin fraud, an action to recover for ac-
tual monetary loss or receive $10,000 in damages for each 
violation, or both such actions. 
(b) WILLFUL OR KNOWING VIOLATIONS.—If the court 
finds the defendant willfully or knowingly violated this Act, 
the court may increase the amount of the award to an 
amount equal to not more than 3 times the amount avail-
able under subsection (a). 
SEC. 205. EFFECT ON STATE LAW. 
Nothing in this title shall preempt the authority of a 
State to establish and enforce anti-trafficking laws or re-
quirements for improving seafood safety and preventing 
seafood fraud that are consistent with the requirements of 
this Act. 
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TITLE 
III—STRENGTHENING 
INTERNATIONAL 
FISHERIES 
MANAGEMENT 
TO 
COMBAT 
HUMAN TRAFFICKING 
SEC. 301. DENIAL OF PORT PRIVILEGES. 
Section 101(a)(2) of the High Seas Driftnet Fisheries 
Enforcement Act (16 U.S.C. 1826a(a)(2)) is amended to 
read as follows: 
‘‘(2) DENIAL OF PORT PRIVILEGES.—The Sec-
retary of Homeland Security shall, in accordance 
with international law— 
‘‘(A) withhold or revoke the clearance re-
quired by section 60105 of title 46, United States 
Code, for any large-scale driftnet fishing vessels 
of a nation that receives a negative certification 
under sections 609(d) or 610(c) of the High Seas 
Driftnet Fishing Moratorium Protection Act (16 
U.S.C. 1826j(d) or 1826k(c)), or fishing vessels of 
a nation that has been listed pursuant to sec-
tions 609(b) or 610(a) of such Act (16 U.S.C. 
1826j(b) or 1826k(a)) in two or more consecutive 
reports as described under section 607 of such 
Act (16 U.S.C. 1826h), until a positive certifi-
cation has been received; 
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‘‘(B) withhold or revoke the clearance re-
quired by section 60105 of title 46, United States 
Code, for fishing vessels of a nation that has been 
listed pursuant to sections 609(b) or 610(a) of 
such Act (16 U.S.C. 1826j(b) or 1826k(a)) in two 
or more consecutive reports as described under 
section 607 of such Act (16 U.S.C. 1826h); and 
‘‘(C) deny entry of that vessel to any place 
in the United States and to the navigable waters 
of the United States, except for the purposes of 
inspecting such vessel, conducting an investiga-
tion, or taking other appropriate enforcement ac-
tion.’’. 
SEC. 302. IDENTIFICATION AND CERTIFICATION CRITERIA. 
(a) DENIAL OF PORT PRIVILEGES.—Strike subsections 
(a) and (b) of section 609 of the High Seas Driftnet Fishing 
Moratorium Protection Act (16 U.S.C. 1826j(a) and (b)), 
and insert the following: 
‘‘(a) COOPERATION WITH GOVERNMENTS.— 
‘‘(1) INFORMATION COLLECTION.—The Secretary, 
in consultation with the Secretary of State, shall en-
gage with each flag, coastal, port, and market nation 
that exports seafood to the United States to collect in-
formation sufficient to evaluate the effectiveness of 
such nation’s management of fisheries and control 
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systems to prevent illegal, unreported, or unregulated 
fishing. 
‘‘(2) RECOMMENDATIONS.—The Secretary, in 
consultation with the Secretary of State, shall provide 
recommendations to such nations to resolve compli-
ance gaps and improve fisheries management and 
control systems in order to assist such nations in pre-
venting illegal, unreported, or unregulated fishing. 
‘‘(b) IDENTIFICATION AND WARNING.— 
‘‘(1) FOR ACTIONS OF A FISHING VESSEL.—The 
Secretary shall identify and list in the report re-
quired by section 607 a nation if a fishing vessel of 
such nation is engaged or has, in the preceding 3 
years, engaged in illegal, unreported, or unregulated 
fishing. The Secretary shall include all nations that 
qualify for identification, regardless of whether the 
Secretary has engaged in the process described in this 
subsection or under subsection (a). Any of the fol-
lowing relevant information is sufficient to form the 
basis of an identification: 
‘‘(A) compliance reports; 
‘‘(B) data or information from inter-
national fishery management organizations, a 
foreign government, or an organization or stake-
holder group; 
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‘‘(C) information submitted by the public; 
‘‘(D) information submitted to the Secretary 
under section 402(a) of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 
U.S.C. 1881a(a)); 
‘‘(E) import data collected by the Secretary 
pursuant to part 300.324 of title 50, Code of 
Federal Regulations; and 
‘‘(F) information compiled from a Federal 
agency, including, the Coast Guard and agencies 
within the Interagency Working Group on Ille-
gal, Unreported, and Unregulated Fishing. 
‘‘(2) FOR ACTIONS OF A NATION.—The Secretary 
shall identify, and list in such report, a nation engag-
ing in or endorsing illegal, unreported, or unregulated 
fishing, including the following: 
‘‘(A) Any nation that is failing, or has 
failed in the preceding 3-year period, to cooper-
ate with the United States government in pro-
viding information about their fisheries manage-
ment and control systems described in subsection 
(a) of this section. 
‘‘(B) Any nation that is violating, or has 
violated at any point during the preceding 3 
years, conservation and management measures, 
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