16 U.S.C. § 1826K
Section 1826k · Equivalent conservation measures
Current version, with additions and removals from the January 4, 2011 version.
(1) In general
(A) fishing vessels of that nation are engaged, or have been engaged during the preceding calendar year in fishing activities or practices; 1
(i) in waters beyond any national jurisdiction that result in bycatch of a protected living marine resource; or
(ii) beyond the exclusive economic zone of the United States that result in bycatch of a protected living marine resource shared by the United States;
(B) the relevant international organization for the conservation and protection of such resources or the relevant international or regional fishery organization has failed to implement effective measures to end or reduce such bycatch, or the nation is not a party to, or does not maintain cooperating status with, such organization; and
(i) any fishing vessel of that nation is engaged, or has been engaged during the 3 years preceding the date of the determination, in fishing activities or practices on the high seas or within the exclusive economic zone of any nation, that have resulted in bycatch of a protected living marine resource; and
(2) Timing
The Secretary shall make an identification under paragraph (1) at any time that the Secretary has sufficient information to make such identification.
(3) seek agreements calling for international restrictions 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 management bodies; and
(1) Determination
(1) Determination
The Secretary shall establish a procedure consistent with the provisions of subchapter II of chapter 5 of title 5 for determining whether the government of a harvesting nation identified under subsection (a) and listed in the report under section 1826h of this title—
The Secretary shall establish a procedure consistent with the provisions of subchapter II of chapter 5 of title 5 for determining whether the government of a harvesting nation identified under subsection (a) and listed in the report under section 1826h of this title—
(A) has provided documentary evidence of the adoption of a regulatory program governing the conservation of the protected living marine resource that is comparable to that of the United States, taking into account different conditions, and which, in the case of pelagic longline fishing, includes mandatory use of circle hooks, careful handling and release equipment, and training and observer programs; and
(A) has provided documentary evidence of the adoption of a regulatory program governing the conservation of the protected living marine resource that is comparable to that of the United States, taking into account different conditions, and which, in the case of pelagic longline fishing, includes mandatory use of circle hooks, careful handling and release equipment, and training and observer programs; and
(B) has established a management plan containing requirements that will assist in gathering species-specific data to support international stock assessments and conservation enforcement efforts for protected living marine resources.
(B) has established a management plan containing requirements that will assist in gathering species-specific data to support international stock assessments and conservation enforcement efforts for protected living marine resources.
(2) Procedural requirement
(2) Procedural requirement
(3) Certification
(3) Certification
The Secretary shall certify to the Congress by January 31, 2007, and biennially thereafter whether each such nation has provided the documentary evidence described in paragraph (1)(A) and established a management plan described in paragraph (1)(B).
The Secretary shall certify to the Congress by January 31, 2007, and biennially thereafter whether each such nation has provided the documentary evidence described in paragraph (1)(A) and established a management plan described in paragraph (1)(B).
(4) Alternative procedure
(4) Alternative procedure
(B) include the gathering of species specific data that can be used to support international and regional stock assessments and conservation efforts for protected living marine resources.
(B) include the gathering of species specific data that can be used to support international and regional stock assessments and conservation efforts for protected living marine resources.
(5) Effect of certification
(5) Effect of certification
To the greatest extent possible consistent with existing authority and the availability of funds, the Secretary shall—
To the greatest extent possible consistent with existing authority and the availability of funds, the Secretary shall—
(1) provide appropriate assistance to nations identified by the Secretary under subsection (a) and international organizations of which those nations are members to assist those nations in qualifying for certification under subsection (c);
(1) provide appropriate assistance to nations identified by the Secretary under subsection (a) and international organizations of which those nations are members to assist those nations in qualifying for certification under subsection (c);
(2) undertake, where appropriate, cooperative research activities on species statistics and improved harvesting techniques, with those nations or organizations;
(2) undertake, where appropriate, cooperative research activities on species statistics and improved harvesting techniques, with those nations or organizations;
(3) encourage and facilitate the transfer of appropriate technology to those nations or organizations to assist those nations in qualifying for certification under subsection (c); and
(3) encourage and facilitate the transfer of appropriate technology to those nations or organizations to assist those nations in qualifying for certification under subsection (c); and
(4) provide assistance to those nations or organizations in designing and implementing appropriate fish harvesting plans.
(4) provide assistance to those nations or organizations in designing and implementing appropriate fish harvesting plans.
In this section the term “protected living marine resource”—
In this section the term "protected living marine resource"—
(A) the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.);
(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(C) the Shark Finning Prohibition Act (16 U.S.C. 1822 note); and
(D) the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8249); but
(2) does not include species, except sharks, managed under the Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C. 1801 et seq.], the Atlantic Tunas Convention Act [16 U.S.C. 971 et seq.], or any international fishery management agreement.
(2) does not include species, except sharks, managed under the Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C. 1801 et seq.], the Atlantic Tunas Convention Act [16 U.S.C. 971 et seq.], or any international fishery management agreement.
There are authorized to be appropriated to the Secretary for fiscal years 2007 through 2013 such sums as are necessary to carry out this section.
There are authorized to be appropriated to the Secretary for fiscal years 2007 through 2013 such sums as are necessary to carry out this section.