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‘‘(3) participate in global and regional efforts to
build an international network for monitoring, con-
trol, and surveillance of high seas fishing and fishing
under regional or global agreements;
‘‘(4) support efforts to create an international
registry or database of fishing vessels, including by
building on or enhancing registries developed by
international fishery management organizations;
‘‘(5) enhance enforcement capabilities through
the application of commercial or governmental remote
sensing technology to locate or identify vessels engaged
in illegal, unreported, or unregulated fishing on the
high seas, including encroachments into the exclusive
economic zone by fishing vessels of other nations;
‘‘(6) provide technical or other assistance to de-
veloping countries to improve their monitoring, con-
trol, and surveillance capabilities; and
‘‘(7) support coordinated international efforts to
ensure that all large-scale fishing vessels operating on
the high seas are required by their flag State to be
fitted with vessel monitoring systems no later than
December 31, 2008, or earlier if so decided by the rel-
evant flag State or any relevant international fishery
management organization.’’.
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SEC. 402. 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.’’.
SEC. 403. 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 Reauthorization Act of
2006, and every 2 years thereafter, a report that includes—
‘‘(1) the state of knowledge on the status of inter-
national living marine resources shared by the United
States or subject to treaties or agreements to which
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the United States is a party, including a list of all
such fish stocks classified as overfished, overexploited,
depleted, endangered, or threatened with extinction by
any international or other authority charged with
management or conservation of living marine re-
sources;
‘‘(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 take appropriate corrective ac-
tion consistent with sections 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, con-
sistent with section 608, to strengthen the efforts of
international fishery management organizations to
end illegal, unreported, or unregulated fishing; and
‘‘(5) steps taken by the Secretary at the inter-
national level to adopt international measures com-
parable to those of the United States to reduce im-
pacts of fishing and other practices on protected liv-
ing marine resources, if no international agreement
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to achieve such goal exists, or if the relevant inter-
national fishery or conservation organization has
failed to implement effective measures to end or re-
duce 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 and any relevant advisory committees, shall
take actions to improve the effectiveness of international
fishery management organizations in conserving and man-
aging fish stocks under their jurisdiction. These actions
shall include—
‘‘(1) urging international fishery management
organizations to which the United States is a
member—
‘‘(A) to incorporate multilateral market-re-
lated measures against member or nonmember
governments whose vessels engage in illegal, un-
reported, or unregulated fishing;
‘‘(B) to seek adoption of lists that identify
fishing vessels and vessel owners engaged in ille-
gal, unreported, or unregulated fishing that can
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be shared among all members and other inter-
national fishery management organizations;
‘‘(C) to seek international adoption of a
centralized vessel monitoring system in order to
monitor and document capacity in fleets of all
nations involved in fishing in areas under an
international fishery management organization’s
jurisdiction;
‘‘(D) to increase use of observers and tech-
nologies needed to monitor compliance with con-
servation and management measures established
by the organization, including vessel monitoring
systems and automatic identification systems;
and
‘‘(E) to seek adoption of stronger port state
controls in all nations, particularly those na-
tions in whose ports vessels engaged in illegal,
unreported, or unregulated fishing land or trans-
ship fish;
‘‘(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 measures
to combat illegal, unreported, or unregulated fishing,
including—
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‘‘(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 importa-
tion of fish caught by vessels identified multilat-
erally as engaging in illegal, unreported, or un-
regulated fishing; and
‘‘(C) catch documentation and certification
schemes to improve tracking and identification
of catch of vessels engaged in illegal, unreported,
or unregulated fishing, including advance trans-
mission 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 international 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 imported into their nation or
territories.
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‘‘SEC. 609. ILLEGAL, UNREPORTED, OR UNREGULATED FISH-
ING.
‘‘(a) IDENTIFICATION.—The Secretary shall identify,
and list in the report under section 607, a nation if fishing
vessels of that nation are engaged, or have been engaged
at any point during the preceding 2 years, in illegal, unre-
ported, or unregulated fishing; and—
‘‘(1) the relevant international fishery manage-
ment organization has failed to implement effective
measures to end the illegal, unreported, or unregu-
lated fishing activity by vessels of that nation or the
nation is not a party to, or does not maintain cooper-
ating status with, such organization; or
‘‘(2) where no international fishery management
organization exists with a mandate to regulate the
fishing activity in question.
‘‘(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 nation of
such identification.
‘‘(c) CONSULTATION.—No later than 60 days after sub-
mitting a report to Congress under section 607, the Sec-
retary, acting through the Secretary of State, shall—
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‘‘(1) notify nations listed in the report of the re-
quirements of this section;
‘‘(2) initiate consultations for the purpose of en-
couraging such nations to take the appropriate correc-
tive action with respect to the offending activities 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.
‘‘(d) IUU CERTIFICATION PROCEDURE.—
‘‘(1) CERTIFICATION.—The Secretary shall estab-
lish a procedure, consistent with the provisions of sub-
chapter II of chapter 5 of title 5, United States Code,
for determining if a nation identified under sub-
section (a) and listed in the report under section 607
has taken appropriate corrective action with respect
to the offending activities of its fishing vessels identi-
fied in the report under section 607. The certification
procedure shall provide for notice and an opportunity
for comment by any such nation. 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 con-
taining the procedure, and biennially thereafter in the
report under section 607—
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‘‘(A) whether the government of each nation
identified under subsection (a) has provided doc-
umentary 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 the
illegal, unreported, or unregulated fishing activ-
ity by vessels of that nation.
‘‘(2) ALTERNATIVE PROCEDURE.—The Secretary
may establish a procedure for certification, on a ship-
ment-by-shipment, shipper-by-shipper, or other basis
of fish or fish products from a vessel of a harvesting
nation not certified under paragraph (1) if the Sec-
retary 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 inter-
national fishery management organization as
participating in illegal, unreported, or unregu-
lated fishing activities.
‘‘(3) EFFECT OF CERTIFICATION.—
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‘‘(A) IN GENERAL.—The provisions of sec-
tion 101(a) and section 101(b)(3) and (4) of this
Act (16 U.S.C. 1826a(a), (b)(3), and (b)(4))—
‘‘(i) shall apply to any nation identi-
fied under subsection (a) that has not been
certified by the Secretary under this sub-
section, or for which the Secretary has
issued a negative certification under this
subsection; but
‘‘(ii) shall not apply to any nation
identified under subsection (a) for which the
Secretary has issued a positive certification
under this subsection.
‘‘(B) EXCEPTIONS.—Subparagraph (A)(i)
does not apply—
‘‘(i) to the extent that such provisions
would apply to sport fishing equipment or
to fish or fish products not managed under
the applicable international fishery agree-
ment; or
‘‘(ii) if there is no applicable inter-
national fishery agreement, to the extent
that such provisions would apply to fish or
fish products caught by vessels not engaged
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in illegal, unreported, or unregulated fish-
ing.
‘‘(e) ILLEGAL, UNREPORTED, OR UNREGULATED FISH-
ING DEFINED.—
‘‘(1) IN GENERAL.—In this Act the term ‘illegal,
unreported, or unregulated fishing’ has the meaning
established under paragraph (2).
‘‘(2) SECRETARY TO DEFINE TERM WITHIN LEG-
ISLATIVE GUIDELINES.—Within 3 months after the
date of enactment of the Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act
of 2006, the Secretary shall publish a definition of the
term ‘illegal, unreported, or unregulated fishing’ for
purposes of this Act.
‘‘(3) GUIDELINES.—The Secretary shall include
in the definition, at a minimum—
‘‘(A) fishing activities that violate conserva-
tion 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 requirements;
‘‘(B) overfishing of fish stocks shared by the
United States, for which there are no applicable
international conservation or management meas-
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ures or in areas with no applicable international
fishery management organization or agreement,
that has adverse impacts on such stocks; and
‘‘(C) fishing activity that has an adverse
impact on seamounts, hydrothermal vents, and
cold water corals located beyond national juris-
diction, for which there are no applicable con-
servation or management measures or in areas
with no applicable international fishery manage-
ment organization or agreement.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary for fiscal
years 2007 through 2013 such sums as are necessary to
carry out this section.
‘‘SEC. 610. EQUIVALENT CONSERVATION MEASURES.
‘‘(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 fishing activities or practices;
‘‘(A) in waters beyond any national juris-
diction that result in bycatch of a protected liv-
ing marine resource; or
‘‘(B) beyond the exclusive economic zone of
the United States that result in bycatch of a pro-
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tected living marine resource shared by the
United States;
‘‘(2) the relevant international organization for
the conservation and protection of such resources or
the relevant international or regional fishery organi-
zation has failed to implement effective measures to
end or reduce such bycatch, or the nation is not a
party to, or does not maintain cooperating status
with, such organization; and
‘‘(3) the nation has not adopted a regulatory
program governing such fishing practices designed to
end or reduce such bycatch that is comparable to that
of the United States, taking into account different
conditions.
‘‘(b) CONSULTATION
AND NEGOTIATION.—The Sec-
retary, acting through the Secretary of State, shall—
‘‘(1) notify, as soon as possible, other nations
whose vessels engage in fishing activities or practices
described in subsection (a), about the provisions of
this section and this Act;
‘‘(2) initiate discussions as soon as possible with
all foreign governments which are engaged in, or
which have persons or companies engaged in, fishing
activities or practices described in subsection (a), for