Page:United States Statutes at Large Volume 120.djvu/3660

 PUBLIC LAW 109–479—JAN. 12, 2007

120 STAT. 3629

‘‘(A) whether the government of each nation identified under subsection (a) has provided documentary 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 implemented measures that are effective in ending the illegal, unreported, or unregulated fishing activity by vessels of that nation. ‘‘(2) ALTERNATIVE PROCEDURE.—The Secretary may establish a procedure for certification, on a shipment-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 Secretary 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 international fishery management organization as participating in illegal, unreported, or unregulated fishing activities. ‘‘(3) EFFECT OF CERTIFICATION.— ‘‘(A) IN GENERAL.—The provisions of section 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 identified under subsection (a) that has not been certified by the Secretary under this subsection, 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 agreement; or ‘‘(ii) if there is no applicable international fishery agreement, to the extent that such provisions would apply to fish or fish products caught by vessels not engaged in illegal, unreported, or unregulated fishing. ‘‘(e) ILLEGAL, UNREPORTED, OR UNREGULATED FISHING 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 LEGISLATIVE 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—

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