TITLE II—SEAFOOD 
TRACEABILITY AND LABELING 
SEC. 201. FEDERAL ACTIVITIES ON SEAFOOD SAFETY AND 
FRAUD. 
(a) NATIONAL SEA GRANT COLLEGE PROGRAM.— 
The Administrator of the National Oceanic and Atmos-
pheric Administration shall ensure that seafood inspection 
activities are coordinated with the National Sea Grant 
College Program established by the National Sea Grant 
College and Program Act of 1966 (33 U.S.C. 1121 et seq.) 
which may provide outreach to the States, local health 
agencies, consumers, and the seafood industry on seafood 
safety and seafood fraud, as needed. 
(b) INSPECTING TO PREVENT SEAFOOD FRAUD.— 
The Secretary of Commerce and the Secretary of Health 
and Human Services, in coordination with the Secretary 
of Homeland Security, shall, to the maximum extent prac-
ticable, ensure that inspections and tests for seafood safe-
ty also collect information for seafood fraud prevention. 
SEC. 202. SEAFOOD LABELING AND IDENTIFICATION. 
(a) IN GENERAL.—The Secretary, in coordination 
with other relevant agencies shall, not later than three 
years after the date of enactment of this Act, implement 
the following requirements with respect to fish and fish 
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products imported into the United States or otherwise dis-
tributed or offered for sale in interstate commerce: 
(1) TRACEABILITY.—A requirement that the 
following information shall accompany seafood 
through processing and distribution: 
(A) The United Nations Food and Agri-
culture Organization Major Fishing Area, or a 
more specific location, in which the seafood was 
caught or cultivated. 
(B) The acceptable market name (as deter-
mined by the Food and Drug Administration), 
scientific name, and specific Aquatic Sciences 
and Fisheries Information System number of 
the Fisheries and Aquaculture Statistics Infor-
mation Service of the United Nations Food and 
Agriculture Organization for the seafood spe-
cies. 
(C) Whether the seafood was harvested 
wild or was farm-raised. 
(D) The method of harvest of the seafood, 
including gear type as listed in section 600.725 
of title 50, Code of Federal Regulations, or suc-
cessor regulation, and defined in section 600.10 
of such title, or successor regulation. 
(E) The date of the catch or harvest. 
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(F) The weight or number, as appropriate, 
of product for an individual fish or lot. 
(G) Date and name of entity (processor, 
dealer, vessel) to which the seafood was landed. 
(H) Name and flag state of vessel and evi-
dence of authorization, and if applicable, a 
unique vessel identifier. 
(I) Name and location of the facility from 
which farm-raised seafood were harvested, the 
method of cultivation, source and type of feed, 
and evidence of authorization. 
(J) The National Oceanic and Atmospheric 
Administration Fisheries International Fish-
eries Trade Permit number issued to the im-
porter of record for the entry, if applicable. 
(2) LABELING.—The following information 
shall be included in the labeling of seafood through 
processing, distribution, and final sale: 
(A) The information required in subpara-
graphs (A), (B), (C), and (D) of paragraph (1). 
(B) Whether the seafood has been pre-
viously frozen or treated with any substance 
other than ice or water. 
(C) Whether the seafood was farm-raised 
along with information regarding the country of 
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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 com-
monly 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 
product that was already mislabeled upon receipt, pro-
vided that the importer, processor, distributor, or retailer 
can provide the required product traceability documenta-
tion. 
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 sec-
tion 307 of the Magnuson-Stevens Fishery Conservation 
and Management 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 
Human Services, shall develop, maintain, and post on the 
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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 re-
lating to seafood fraud and illegal, unreported, or 
unregulated 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, un-
reported, 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 preven-
tion also collect information to support the Secretary 
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of 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 
Services shall jointly execute a memorandum of un-
derstanding to codify and improve interagency co-
operation on seafood safety, preventing illegal, unre-
ported, or unregulated fishing and human traf-
ficking, including forced labor, and seafood fraud 
prevention, enforcement, 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 
agency 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 At-
mospheric Administration and the Food 
and Drug Administration are not duplica-
tive; and 
(ii) information resulting from exami-
nations, testing, and inspections conducted 
by the Department of Commerce with re-
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spect to seafood is considered in making 
risk-based determinations, including the 
establishment of inspection priorities for 
domestic and foreign facilities and the ex-
amination 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 sea-
food shipments or facilities that process or 
sell seafood, or authorized officers that 
conduct analysis of seafood import infor-
mation, will be used for risk-based screen-
ing of seafood shipments, including food 
safety, adulteration and misbranding, by 
the Food and Drug Administration begin-
ning 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 De-
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partment of State, and the Food and Drug 
Administration 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 
agencies authorized to conduct inspections 
of seafood, or inspections of facilities that 
process or sell seafood, or data from im-
port analysts, will be used by the Food and 
Drug Administration for risk-based screen-
ing 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 effi-
ciency and enforcement of seafood safety 
and fraud prevention; and 
(F) to ensure that officers and employees 
of the National Oceanic and Atmospheric Ad-
ministration are utilized by the Secretary of 
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Health and Human Services as third-party 
auditors pursuant to section 808 of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 
384d) to carry out seafood examinations and 
investigations 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 viola-
tion of section 203, the State may bring a civil action on 
behalf of its residents to enjoin fraud, an action to recover 
for actual 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 
available 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 
requirements 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 Fish-
eries Enforcement Act (16 U.S.C. 1826a(a)(2)) is amend-
ed 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 cer-
tification under sections 609(d) or 610(c) of the 
High Seas Driftnet Fishing Moratorium Protec-
tion Act (16 U.S.C. 1826j(d) or 1826k(c)), or 
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), 
until a positive certification has been received; 
and 
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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 pur-
poses of inspecting such vessel, conducting an 
investigation, or taking other appropriate en-
forcement action.’’. 
SEC. 302. IDENTIFICATION AND CERTIFICATION CRITERIA. 
(a) DENIAL
OF PORT PRIVILEGES.—Strike sub-
sections (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 Sec-
retary, in consultation with the Secretary of State, 
shall engage with each flag, coastal, port, and mar-
ket nation that exports seafood to the United States 
to collect information sufficient to evaluate the effec-
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tiveness of such nation’s management of fisheries 
and control systems to prevent illegal, unreported, or 
unregulated fishing. 
‘‘(2) RECOMMENDATIONS.—The Secretary, in 
consultation with the Secretary of State, shall pro-
vide recommendations to such nations to resolve 
compliance gaps and improve fisheries management 
and control systems in order to assist such nations 
in preventing 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 
following 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 
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foreign government, or an organization or 
stakeholder group; 
‘‘(C) information submitted by the public; 
‘‘(D) information submitted to the Sec-
retary 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 Sec-
retary 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 agen-
cies within the Interagency Working Group on 
Illegal, Unreported, and Unregulated Fishing. 
‘‘(2) FOR ACTIONS OF A NATION.—The Sec-
retary shall identify, and list in such report, a nation 
engaging in or endorsing illegal, unreported, or un-
regulated 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 man-
agement and control systems described in sub-
section (a) of this section. 
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‘‘(B) Any nation that is violating, or has 
violated at any point during the preceding 3 
years, conservation and management measures, 
including catch and other data reporting obliga-
tions and requirements, required under an 
international fishery management agreement. 
‘‘(C) Any nation that is failing, or has 
failed in the preceding 3-year period, to effec-
tively address or regulate illegal, unreported, or 
unregulated fishing within its fleets in any 
areas where its vessels are fishing. 
‘‘(D) Any nation that fails to discharge du-
ties incumbent upon it under international law 
or practice as a flag, port, or coastal state to 
take action to prevent, deter, and eliminate ille-
gal, unreported, or unregulated fishing. 
‘‘(E) Any nation that provides subsidies 
that— 
‘‘(i) contribute to illegal, unreported, 
or unregulated fishing or increased capac-
ity and overfishing at proportionally higher 
rates than subsidies that promote fishery 
resource conservation and management; or 
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‘‘(ii) that otherwise undermine the ef-
fectiveness of any international fishery con-
servation program. 
‘‘(F) Any nation that has been identified 
as having human trafficking, including forced 
labor, in any part of the seafood supply chain 
in the most recent Trafficking in Persons Re-
port issued by the Department of State in ac-
cordance with the Trafficking Victims Protec-
tion Act of 2000 (22 U.S.C. 7101 et seq.). 
‘‘(G) Any nation that has been identified 
as producing seafood-related goods through 
forced labor or oppressive child labor in the 
most recent List of Goods Produced by Child 
Labor or Forced Labor in accordance with the 
Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7101 et seq.). 
‘‘(H) Any nation that has been identified 
as at risk for human trafficking, including 
forced labor, in their seafood catching and proc-
essing industries in the report required in sec-
tion 3563 of the National Defense Authoriza-
tion Act for Fiscal Year 2020 (Public Law 
116–92). 
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‘‘(3) WARNING.—The Secretary shall issue a 
warning to each nation identified under this sub-
section. 
‘‘(4) TIMING.—The Secretary shall make an 
identification under paragraphs (1) or (2) at any 
time that the Secretary has sufficient information to 
make such identification.’’. 
(b) ILLEGAL, UNREPORTED, OR UNREGULATED CER-
TIFICATION DETERMINATION.—Section 609(d)(1) of the 
High Seas Driftnet Fishing Moratorium Protection Act 
(16 U.S.C. 1826j(d)(1)) is amended to read as follows: 
‘‘(1) CERTIFICATION DETERMINATION.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
establish a procedure for certifying whether a 
nation identified under subsection (b) has taken 
appropriate corrective action with respect to the 
offending activities identified under section (b) 
that has led to measurable improvements in the 
reduction of illegal, unreported, or unregulated 
fishing and any underlying regulatory, policy, or 
practice failings or gaps that may have contrib-
uted to such identification. 
‘‘(B) OPPORTUNITY FOR COMMENT.—The 
Secretary shall ensure that the procedure estab-
lished under subparagraph (A) provides for no-
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tice and an opportunity for comment by the 
identified nation. 
‘‘(C) 
DETERMINATION.—The 
Secretary 
shall, consistent with such procedure, determine 
and certify to the Congress not later than 90 
days after the date on which the Secretary 
issues a final rule containing the procedure, and 
biennially thereafter— 
‘‘(i) whether the government of each 
nation identified under subsection (b) has 
provided documentary evidence that such 
nation has taken corrective action with re-
spect to such identification; or 
‘‘(ii) whether the relevant inter-
national fishery management organization 
has taken corrective action that has ended 
the illegal, unreported, or unregulated fish-
ing activity by vessels of that nation. 
‘‘(2) ALTERNATIVE
PROCEDURE.—The Sec-
retary may establish a procedure to authorize, on a 
shipment-by-shipment, shipper-by-shipper, or other 
basis the importation of fish or fish products from 
a fishery within a nation issued a negative certifi-
cation under paragraph (1) if the Secretary— 
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‘‘(A) determines the fishery has not en-
gaged in illegal, unreported, or unregulated 
fishing under an international fishery manage-
ment agreement to which the United States is 
a party; 
‘‘(B) determines the fishery is not identi-
fied by an international fishery management or-
ganization as participating in illegal, unre-
ported, or unregulated fishing activities; and 
‘‘(C) ensures that any such seafood or sea-
food products authorized for entry under this 
section are imported consistent with the report-
ing and the recordkeeping requirements of Sea-
food Import Monitoring Program described in 
part 300.324(b) of title 50, Code of Federal 
Regulations (or any successor regulation). 
‘‘(3) EFFECT OF CERTIFICATION DETERMINA-
TION.— 
‘‘(A) EFFECT
OF
NEGATIVE
CERTIFI-
CATION.—The provisions of subsections (a) and 
(b)(3) and (4) of section 101 of the High Seas 
Driftnet Fisheries Enforcement Act (16 U.S.C. 
1826a(a) and (b)(3) and (4)) shall apply to any 
nation that, after being identified and warned 
under subsection (b) has failed to take the ap-
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propriate corrective actions for which the Sec-
retary has issued a negative certification under 
this subsection. 
‘‘(B) EFFECT
OF
POSITIVE
CERTIFI-
CATION.—The provisions of subsections (a) and 
(b)(3) and (4) of section 101 of the High Seas 
Driftnet Fisheries Enforcement Act (16 U.S.C. 
1826a(a) and (b)(3) and (4)) shall not apply to 
any nation identified under subsection (a) for 
which the Secretary has issued a positive cer-
tification under this subsection.’’. 
SEC. 303. ILLEGAL, UNREPORTED, OR UNREGULATED FISH-
ING DEFINED. 
(a) DEFINITION OF ILLEGAL, UNREPORTED, OR UN-
REGULATED FISHING
IN
THE HIGH SEAS DRIFTNET 
FISHING
MORATORIUM
PROTECTION
ACT.—Section 
609(e) of the High Seas Driftnet Fishing Moratorium 
Protection Act (16 U.S.C. 1826j(e)) is amended to read 
as follows: 
‘‘(e) ILLEGAL, UNREPORTED, OR UNREGULATED 
FISHING DEFINED.—In this title, the term ‘illegal, unre-
ported, or unregulated fishing’ means any activity set out 
in paragraph 3 of the 2001 Food and Agriculture Organi-
zation International Plan of Action to Prevent, Deter and 
Eliminate Illegal, Unreported, and Unregulated Fishing.’’. 
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(b) DEFINITION OF ILLEGAL, UNREPORTED, OR UN-
REGULATED FISHING IN THE MAGNUSON-STEVENS FISH-
ERY CONSERVATION AND MANAGEMENT ACT.—Section 3 
of the Magnuson-Stevens Fishery Conservation and Man-
agement Act (16 U.S.C. 1802) is amended by adding at 
the end the following: 
‘‘(51) The term ‘illegal, unreported, or unregu-
lated fishing’ means any activity set out in para-
graph 3 of the 2001 Food and Agriculture Organiza-
tion International Plan of Action to Prevent, Deter 
and Eliminate Illegal, Unreported, and Unregulated 
Fishing.’’. 
(c) RULE
OF CONSTRUCTION.—In construing the 
term ‘‘illegal, unreported, or unregulated fishing’’ for pur-
poses of the High Seas Driftnet Fishing Moratorium Pro-
tection Act and the Magnuson-Stevens Fishery Conserva-
tion and Management Act, the Secretary shall follow inter-
nationally recognized labor rights stated in the Inter-
national Labour Organization Declaration on Funda-
mental Principles and Rights at Work and its Follow-Up 
(1998), including— 
(1) freedom of association and the effective rec-
ognition of the right to collective bargaining; 
(2) the elimination of all forms of forced or 
compulsory labor; 
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(3) the effective abolition of oppressive child 
labor, a prohibition on the worst forms of child 
labor, and other labor protections for children and 
minors; 
(4) the elimination of discrimination in respect 
of employment and occupation; and 
(5) acceptable conditions of work with respect 
to minimum wages, hours of work, and occupational 
safety and health. 
SEC. 304. EQUIVALENT CONSERVATION MEASURES. 
(a) IDENTIFICATION.—Section 610(a) of the High 
Seas Driftnet Fishing Moratorium Protection Act (16 
U.S.C. 1826k(a)) is amended to read as follows: 
‘‘(a) IDENTIFICATION.— 
‘‘(1) The Secretary shall identify and list in the 
report under section 607— 
‘‘(A) a nation if— 
‘‘(i) any fishing vessel of that country 
is engaged, or has been engaged during the 
preceding 3 years in fishing activities or 
practices on the high sees or within the ex-
clusive economic zone of another country, 
that have resulted in bycatch of a pro-
tected living marine resource; and 
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pbinns on DSKJLVW7X2PROD with BILLS