including catch and other data reporting obliga-
tions and requirements, required under an inter-
national 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 capacity 
and overfishing at proportionally higher 
rates than subsidies that promote fishery re-
source conservation and management; or 
‘‘(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 
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labor, in any part of the seafood supply chain in 
the most recent Trafficking in Persons Report 
issued by the Department of State in accordance 
with the Trafficking Victims Protection 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 processing 
industries in the report required in section 3563 
of the National Defense Authorization Act for 
Fiscal Year 2020 (Public Law 116–92). 
‘‘(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.’’. 
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(b) ILLEGAL, UNREPORTED, OR UNREGULATED CER-
TIFICATION DETERMINATION.—Section 609(d) of the High 
Seas Driftnet Fishing Moratorium Protection Act (16 
U.S.C. 1826j(d)) is amended to read as follows: 
‘‘(d) IUU CERTIFICATION PROCEDURE.— 
‘‘(1) CERTIFICATION DETERMINATION.— 
‘‘(A) IN GENERAL.—The Secretary shall es-
tablish a procedure for certifying whether a na-
tion 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 con-
tributed to such identification. 
‘‘(B) OPPORTUNITY
FOR
COMMENT.—The 
Secretary shall ensure that the procedure estab-
lished under subparagraph (A) provides for no-
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 
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a final rule containing the procedure, and bien-
nially 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 international 
fishery management organization has taken 
corrective action that has ended the illegal, 
unreported, or unregulated fishing activity 
by vessels of that nation. 
‘‘(2) ALTERNATIVE PROCEDURE.—The Secretary 
may establish a procedure to authorize, on a ship-
ment-by-shipment, shipper-by-shipper, or other basis 
the importation of fish or fish products from a fishery 
within a nation issued a negative certification under 
paragraph (1) if the Secretary— 
‘‘(A) determines the fishery has not engaged 
in illegal, unreported, or unregulated fishing 
under an international fishery management 
agreement to which the United States is a party; 
‘‘(B) determines the fishery is not identified 
by an international fishery management organi-
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zation as participating in illegal, unreported, or 
unregulated fishing activities; and 
‘‘(C) ensures that any such seafood or sea-
food products authorized for entry under this sec-
tion are imported consistent with the reporting 
and the recordkeeping requirements of Seafood 
Import Monitoring Program described in part 
300.324(b) of title 50, Code of Federal Regula-
tions (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 appro-
priate corrective actions for which the Secretary 
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. 
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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 certifi-
cation 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 FISH-
ING 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 FISH-
ING DEFINED.—In this title, the term ‘illegal, unreported, 
or unregulated fishing’ means any activity set out in para-
graph 3 of the 2001 Food and Agriculture Organization 
International Plan of Action to Prevent, Deter and Elimi-
nate Illegal, Unreported, and Unregulated Fishing.’’. 
(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 Manage-
ment 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-
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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 purposes 
of the High Seas Driftnet Fishing Moratorium Protection 
Act and the Magnuson-Stevens Fishery Conservation and 
Management Act, the Secretary shall follow internationally 
recognized labor rights stated in the International Labour 
Organization Declaration on Fundamental 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 com-
pulsory labor; 
(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. 
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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) IN GENERAL.—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 protected 
living marine resource; and 
‘‘(ii) the vessel’s flag state has not 
adopted, implemented, and enforced a regu-
latory program governing such fishing de-
signed to end or reduce such bycatch that is 
comparable to the regulatory program of the 
United States; and 
‘‘(B) a nation if— 
‘‘(i) any fishing vessel of that country 
is engaged, or has engaged during the pre-
ceding 3 years, in fishing activities on the 
high sees or within the exclusive economic 
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zone of another country that target or inci-
dentally catch sharks; and 
‘‘(ii) the vessel’s flag state has not 
adopted, implemented, and enforced a regu-
latory program to provide for the conserva-
tion of sharks, including measures to pro-
hibit removal of any of the fins of a shark, 
including the tail, before landing the shark 
in port that is comparable to that of the 
United States. 
‘‘(2) TIMING.—The Secretary shall make an 
identification under paragraph (1) at any time that 
the Secretary has sufficient information to make such 
identification.’’. 
(b) 
CONSULTATION
AND
NEGOTIATION.—Section 
610(b) of the High Seas Driftnet Fishing Moratorium Pro-
tection Act (16 U.S.C. 1826k(b)) is amended to read as fol-
lows: 
‘‘(b) CONSULTATION
AND NEGOTIATION.—The Sec-
retary of State, acting in conjunction with the Secretary, 
shall— 
‘‘(1) notify, as soon as possible, the President, 
nations that have been identified under subsection 
(a), and other nations whose vessels engage in fishing 
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activities or practices described in subsection (a), 
about the provisions of this Act; 
‘‘(2) initiate discussions as soon as possible with 
all foreign countries which are engaged in, or a fish-
ing vessel of which has engaged in, fishing activities 
described in subsection (a), for the purpose of entering 
into bilateral and multilateral treaties with such 
countries to protect such species and to address any 
underlying failings or gaps that may have contrib-
uted to identification under this Act; 
‘‘(3) seek agreements calling for international re-
strictions on fishing activities or practices described 
in subsection (a) through the United Nations, the 
Food and Agriculture Organization’s Committee on 
Fisheries, and appropriate international fishery man-
agement bodies; and 
‘‘(4) initiate the amendment of any existing 
international treaty for the protection and conserva-
tion of such species to which the United States is a 
party in order to make such treaty consistent with the 
purposes and policies of this section.’’. 
(c) CONSERVATION
CERTIFICATION
PROCEDURE.— 
Section 610(c) of the High Seas Driftnet Fishing Morato-
rium Protection Act (16 U.S.C. 1826k(c)) is amended— 
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(1) in subparagraph (A) of paragraph (1), by 
striking ‘‘, taking into account different conditions,’’; 
(2) in paragraph (2), by inserting ‘‘the public 
and’’ after ‘‘comment by’’; 
(3) in paragraph (4)— 
(A) in subparagraph (A), by striking ‘‘, tak-
ing into account different conditions’’; 
(B) in subparagraph (B), by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(C) ensures that any such fish or fish 
products authorized for entry under this section 
are imported consistent with the reporting and 
the recordkeeping requirements of the Seafood 
Import Monitoring Program established by part 
300.324(b) of title 50, Code of Federal Regula-
tions (or any successor regulations).’’; and 
(4) in paragraph (5), by striking ‘‘(except to the 
extent that such provisions apply to sport fishing 
equipment or fish or fish products not caught by the 
vessels engaged in illegal, unreported, or unregulated 
fishing)’’. 
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