Page:United States Statutes at Large Volume 120.djvu/3659

 120 STAT. 3628

PUBLIC LAW 109–479—JAN. 12, 2007 including advance 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 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.

16 USC 1826j.

Deadline. Notification.

Deadlines. Regulations.

VerDate 14-DEC-2004

12:05 Jul 13, 2007

‘‘SEC. 609. ILLEGAL, UNREPORTED, OR UNREGULATED FISHING.

‘‘(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, unreported, or unregulated fishing— ‘‘(1) the relevant international fishery management organization has failed to implement effective measures to end the illegal, unreported, or unregulated fishing activity by vessels of that nation or the nation is not a party to, or does not maintain cooperating 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 subsection (a) or section 610(a) is deemed to be an identification 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 submitting a report to Congress under section 607, the Secretary, acting through 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 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 establish a procedure, consistent with the provisions of subchapter II of chapter 5 of title 5, United States Code, for determining if a nation identified under subsection (a) and listed in the report under section 607 has taken appropriate corrective action with respect to the offending activities of its fishing vessels identified 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 containing the procedure, and biennially thereafter in the report under section 607—

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