Editorial Notes

References in Text

The Magnuson-Stevens Fishery Conservation and Management Act, referred to in text, is Pub. L. 94-265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.

Codification

Section was enacted as part of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2018, and also as part of the Consolidated Appropriations Act, 2018, and not as part of the Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.

Statutory Notes and Related Subsidiaries

Illegal Red Snapper and Tuna Enforcement

Pub. L. 119-123, Oct. 15, 2026, 140 Stat. 1072, provided that:

“SECTION 1. SHORT TITLE.

“This Act may be cited as the ‘Illegal Red Snapper and Tuna Enforcement Act’.

“SEC. 2. METHODOLOGY FOR IDENTIFYING COUNTRY OF ORIGIN OF SEAFOOD.

“(a)  Definitions.⁠—In this section:

“(1)  Administrator.⁠—The term ‘Administrator’ means the Administrator of the National Oceanic and Atmospheric Administration.

“(2)  Appropriate committees of congress.⁠—The term ‘appropriate committees of Congress’ means⁠—

“(A)  the Committee on Commerce, Science, and Transportation of the Senate; and

“(B)  the Committee on Science, Space, and Technology, the Committee on Transportation and Infrastructure, and the Committee on Natural Resources of the House of Representatives.

“(3)  Illegal, unreported, or unregulated fishing; iuu fishing.⁠—The terms ‘illegal, unreported, or unregulated fishing’ and ‘IUU fishing’ mean ‘illegal, unreported, or unregulated fishing’ as such term is defined for purposes of section 609(e) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(e)).

“(4)  Key agency leadership.⁠—The term ‘key agency leadership’ means the Administrator and the Under Secretary, in consultation with the Commissioner of U.S. Customs and Border Protection and the Commandant of the Coast Guard.

“(5)  Red snapper.⁠—The term ‘red snapper’ means the species Lutjanus campechanus.

“(6)  Tuna.⁠—The term ‘tuna’ means the following species of tuna:

“(A)  Bigeye tuna (Thunnus obesus).

“(B)  Yellowfin tuna (Thunnus albacares).

“(C)  Bluefin tuna (Thunnus thynnus).

“(7)  Under secretary.⁠—The term ‘Under Secretary’ means the Under Secretary of Commerce for Standards and Technology.

“(b)  Standard Methodology for Identification.⁠—

“(1)  In general.⁠—Key agency leadership shall jointly develop a standard methodology, based on chemical analysis, for identifying the country of origin of seafood to support enforcement against IUU fishing and seafood fraud.

“(2)  Requirements.⁠—Key agency leadership shall ensure that the methodology developed under this subsection⁠—

“(A)  is consistent with the needs of Federal and State law enforcement agencies in combating IUU fishing and seafood fraud;

“(B)  minimizes processing time;

“(C)  involves the use of a field kit that can be easily carried by one individual; and

“(D)  to the extent practicable, can be used to test prepared food, including raw preparations of seafood, such as ceviche, sashimi, sushi, and poke.

“(3)  Initial species for identification.⁠—In developing the methodology under this subsection, key agency leadership shall conduct pilot studies on red snapper, as an example of a stationary stock, and tuna, as an example of a highly migratory stock.

“(c)  Report.⁠—Not later than 2 years after the date of the enactment of this Act [Oct. 15, 2026], the Under Secretary shall submit to the appropriate committees of Congress a report that includes the following:

“(1)  A summary of the methodology developed under subsection (b).

“(2)  A plan for operationalizing such methodology.

“(3)  If the Under Secretary determines any aspect of such methodology is impractical, an explanation relating thereto, whether additional research would make developing such a methodology practicable, and whether a different approach other than chemical analysis might be practicable.”

Import Audits

Pub. L. 117-263, div. K, title CXIII, § 11332, Dec. 23, 2022, 136 Stat. 4099, provided that:

“(a)  Audit Procedures.⁠—The Secretary shall, not later than 1 year after the date of enactment of this Act [Dec. 23, 2022], implement procedures to audit information and supporting records of sufficient numbers of imports of seafood and seafood products subject to the Seafood Import Monitoring Program to support statistically robust conclusions that the samples audited are representative of all seafood imports covered by the Seafood Import Monitoring Program with respect to a given year.

“(b)  Expansion of Marine Forensics Laboratory.⁠—The Secretary shall, not later than 1 year after the date of enactment of this Act, begin the process of expanding the National Oceanic and Atmospheric Administration’s Marine Forensics Laboratory, including by establishing sufficient capacity for the development and deployment of rapid, and follow-up, analysis of field-based tests focused on identifying Seafood Import Monitoring Program species, and prioritizing such species at high risk of illegal, unreported, or unregulated fishing and seafood fraud.

“(c)  Annual Revision.⁠—In developing the procedures required in subsection (a), the Secretary shall use predictive analytics to inform whether to revise such procedures to prioritize for audit those imports originating from nations⁠—

“(1)  identified pursuant to section 609(a) or 610(a) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(a) or 1826k(a)) that have not yet received a subsequent positive certification pursuant to section 609(d) or 610(c) of such Act, respectively;

“(2)  identified by an appropriate regional fishery management organization as being the flag state or landing location of vessels identified by other nations or regional fisheries management organizations as engaging in illegal, unreported, or unregulated fishing;

“(3)  identified as having human trafficking or forced labor in any part of the seafood supply chain, including on vessels flagged in such nation, and including feed for cultured production, 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.);

“(4)  identified as producing goods that contain seafood using 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.); and

“(5)  identified as at risk for human trafficking, including forced labor, in their seafood catching and processing industries by the report required under section 3563 of the Maritime SAFE Act (Public Law 116–92) [133 Stat. 2009].”

[For definition of terms as used in section 11332 of Pub. L. 117-263, set out above, see section 11329 of div. K of Pub. L. 117-263, set out as a note under section 1885a of this title.]