---
kind: "section"
citation: "16 U.S.C. § 1826j"
title: "16"
title_heading: "Conservation"
number: "1826j"
heading: "Illegal, unreported, or unregulated fishing"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/1826j"
units:
  - "Chapter 38 — Fishery Conservation and Management"
  - "Subchapter III — Foreign Fishing and International Fishery Agreements"
---

# §1826j. Illegal, unreported, or unregulated fishing

- (a) **Identification—**
  - (1) **Identification for actions of fishing vessels—** The [Secretary](/usc/16/1802.md?p=39) shall, based on a cumulative compilation and analysis of data collected and provided by international [fishery](/usc/16/1802.md?p=13) management organizations and other nations and organizations, identify, and list in the report under [section 1826h of this title](/usc/16/1826h.md), a nation if any [fishing vessel](/usc/16/1802.md?p=18) of that nation is engaged, or has been engaged at any point during the preceding 3 years, in illegal, unreported, or unregulated [fishing](/usc/16/1802.md?p=16)—
    - (A) that undermines the effectiveness of measures required by an international [fishery](/usc/16/1802.md?p=13) management organization, [taking](/usc/16/3102.md?p=18) into account whether the relevant international [fishery](/usc/16/1802.md?p=13) management organization has failed to implement effective measures to end the illegal, unreported, or unregulated [fishing](/usc/16/1802.md?p=16) activity by that nation or the nation is not a party to, or does not maintain cooperating status with, such organization; or
    - (B) where no international [fishery](/usc/16/1802.md?p=13) management organization exists with a mandate to regulate the [fishing](/usc/16/1802.md?p=16) activity in question.
  - (2) **For actions of a nation—** The [Secretary](/usc/16/1802.md?p=39) shall identify, and list in such report, a nation engaging in or endorsing illegal, unreported, or unregulated [fishing](/usc/16/1802.md?p=16). In determining which nations to list in such report, the [Secretary](/usc/16/1802.md?p=39) shall consider the following:
    - (A) Any nation that is violating, or has violated at any point during the 3 years preceding the date of the determination, [conservation and management](/usc/16/1802.md?p=5) measures, including catch and other data reporting obligations and requirements, required under an international [fishery](/usc/16/1802.md?p=13) management agreement to which the [United States](/usc/16/1802.md?p=45) is a party.
    - (B) Any nation that is failing, or has failed in the 3-year period preceding the date of the determination, to effectively address or regulate illegal, unreported, or unregulated [fishing](/usc/16/1802.md?p=16) within its fleets in any [areas](/usc/16/539m–1.md?p=1-A) where its vessels are [fishing](/usc/16/1802.md?p=16).
    - (C) Any nation that fails to discharge duties incumbent upon it under international law or practice as a flag, port, or coastal [state](/usc/16/1802.md?p=40) to [take](/usc/16/3102.md?p=18) action to prevent, deter, and eliminate illegal, unreported, or unregulated [fishing](/usc/16/1802.md?p=16).
    - (D) Any nation that has been identified as producing for export to the [United States](/usc/16/1802.md?p=45) seafood-related goods through forced labor or oppressive child labor (as those terms are defined in section 11329 of the Don Young Coast Guard Authorization Act of 2022) 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](/usc/22/7101.md) et seq.).
  - (3) **Application to other entities—** Where the provisions of this Act are applicable to nations, they shall also be applicable, as appropriate, to other entities that have competency to enter into international [fishery](/usc/16/1802.md?p=13) management agreements.
  - (4) **Timing—** The [Secretary](/usc/16/1802.md?p=39) shall make an identification under paragraph [(1)](#a-1) or [(2)](#a-2) at any time that the [Secretary](/usc/16/1802.md?p=39) has sufficient information to make such identification.
- (b) **Notification—** The [Secretary](/usc/16/1802.md?p=39) shall notify the President and that nation of such an identification.
- (c) **Consultation—** No later than 60 days after submitting a report to Congress under [section 1826h of this title](/usc/16/1826h.md), the [Secretary](/usc/16/1802.md?p=39), 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](/usc/16/3102.md?p=18) the appropriate corrective action with respect to the offending activities of their [fishing vessels](/usc/16/1802.md?p=18) identified in the report; and
  - (3) notify any relevant international [fishery](/usc/16/1802.md?p=13) management organization of the actions taken by the [United States](/usc/16/1802.md?p=45) under this section.
- (d) **IUU certification procedure—**
  - (1) **Certification—** The [Secretary](/usc/16/1802.md?p=39) shall establish a procedure, consistent with the provisions of subchapter II of [chapter 5](/usc/5/chptI/ch5.md) of title 5, for determining if a nation identified under [subsection (a)](#a) and listed in the report under [section 1826h of this title](/usc/16/1826h.md) has taken appropriate corrective action with respect to the offending activities identified in the report under [section 1826h of this title](/usc/16/1826h.md). The certification procedure shall provide for notice and an opportunity for comment by any such nation. The [Secretary](/usc/16/1802.md?p=39) 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](/usc/16/1802.md?p=39) promulgates a final rule containing the procedure, and biennially thereafter in the report under [section 1826h of this title](/usc/16/1826h.md)—
    - (A) whether the government of each nation identified under [subsection (a)](#a) has provided documentary evidence that it has taken corrective action with respect to the offending activities identified in the report; or
    - (B) whether the relevant international [fishery](/usc/16/1802.md?p=13) management organization has implemented measures that are effective in ending the illegal, unreported, or unregulated [fishing](/usc/16/1802.md?p=16) activity by vessels of that nation.
  - (2) **Alternative procedure—** The [Secretary](/usc/16/1802.md?p=39) may establish a procedure to authorize, on a shipment-by-shipment, shipper-by-shipper, or other basis the importation of [fish](/usc/16/1802.md?p=12) or [fish](/usc/16/1802.md?p=12) products from a vessel of a nation issued a negative certification under [paragraph (1)](#d-1) if the [Secretary](/usc/16/1802.md?p=39) determines that—
    - (A) the vessel has not engaged in illegal, unreported, or unregulated [fishing](/usc/16/1802.md?p=16) under an international [fishery](/usc/16/1802.md?p=13) management agreement to which the [United States](/usc/16/1802.md?p=45) is a party; or
    - (B) the vessel is not identified by an international [fishery](/usc/16/1802.md?p=13) management organization as participating in illegal, unreported, or unregulated [fishing](/usc/16/1802.md?p=16) activities.
  - (3) **Effect of certification determination—**
    - (A) **Effect of negative certification—** The provisions of [subsection (a)](#a) and paragraphs (3) and (4) of subsection (b) of [section 1826a of this title](/usc/16/1826a.md) shall apply to any nation that, after being identified and notified under [subsection (b)](#b) has failed to [take](/usc/16/3102.md?p=18) the appropriate corrective actions for which the [Secretary](/usc/16/1802.md?p=39) has issued a negative certification under this subsection.
    - (B) **Effect of positive certification—** The provisions of [subsection (a)](#a) and paragraphs (3) and (4) of subsection (b) of [section 1826a of this title](/usc/16/1826a.md) shall not apply to any nation identified under [subsection (a)](#a) for which the [Secretary](/usc/16/1802.md?p=39) has issued a positive certification under this subsection.
- (e) **Illegal, unreported, or unregulated fishing defined—**
  - (1) **In general—** In this Act the term “illegal, unreported, or unregulated [fishing](/usc/16/1802.md?p=16)” has the meaning established under [paragraph (2)](#e-2).
  - (2) **Secretary to define term within legislative guidelines—** Within 3 months after January 12, 2007, the [Secretary](/usc/16/1802.md?p=39) shall publish a definition of the term “illegal, unreported, or unregulated [fishing](/usc/16/1802.md?p=16)” for purposes of this Act.
  - (3) **Guidelines—** The [Secretary](/usc/16/1802.md?p=39) shall include in the definition, at a minimum—
    - (A) [fishing](/usc/16/1802.md?p=16) activities that violate [conservation and management](/usc/16/1802.md?p=5) measures required under an international [fishery](/usc/16/1802.md?p=13) management agreement to which the [United States](/usc/16/1802.md?p=45) is a party, including catch limits or quotas, capacity restrictions, [bycatch](/usc/16/1802.md?p=2) reduction requirements, and shark conservation measures;
    - (B) [overfishing](/usc/16/1802.md?p=34) of [fish](/usc/16/1802.md?p=12) stocks shared by the [United States](/usc/16/1802.md?p=45), for which there are no applicable international conservation or management measures or in [areas](/usc/16/539m–1.md?p=1-A) with no applicable international [fishery](/usc/16/1802.md?p=13) management organization or agreement, that has adverse impacts on such stocks; and
    - (C) [fishing](/usc/16/1802.md?p=16) activity that has an adverse impact on seamounts, hydrothermal vents, and cold water corals located beyond national jurisdiction, for which there are no applicable conservation or management measures or in [areas](/usc/16/539m–1.md?p=1-A) with no applicable international [fishery](/usc/16/1802.md?p=13) management organization or agreement.
- (f) **Authorization of appropriations—** There are authorized to be appropriated to the [Secretary](/usc/16/1802.md?p=39) for fiscal years 2007 through 2013 such sums as are necessary to carry out this section.

## Source credit

(Pub. L. 104–43, title VI, § 609, as added Pub. L. 109–479, title IV, § 403(a), Jan. 12, 2007, 120 Stat. 3628; amended Pub. L. 111–348, title I, § 102(b), Jan. 4, 2011, 124 Stat. 3669; Pub. L. 114–81, title I, § 101(c), (e), (g)(1), (2), (i)(2)–(4), Nov. 5, 2015, 129 Stat. 654, 655; Pub. L. 114–327, title IV, § 401(c), Dec. 16, 2016, 130 Stat. 1995; Pub. L. 117–263, div. K, title CXIII, § 11337, Dec. 23, 2022, 136 Stat. 4102; Pub. L. 117–328, div. S, title IV, § 401(1), Dec. 29, 2022, 136 Stat. 5274.)

## Notes

### Editorial Notes

### References in Text

Section 11329 of the Don Young Coast Guard Authorization Act of 2022, referred to in subsec. (a)(2)(D), is section 11329 of div. K of Pub. L. 117–263, which is set out as a note under section 1885a of this title.

The Trafficking Victims Protection Act of 2000, referred to in subsec. (a)(2)(D), is div. A of Pub. L. 106–386, Oct. 28, 2000, 114 Stat. 1466, which is classified principally to chapter 78 (§ 7101 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of Title 22 and Tables.

This Act, referred to in subsecs. (a)(3) and (e)(1), (2), probably means title VI of Pub. L. 104–43, Nov. 3, 1995, 109 Stat. 391, known as the High Seas Driftnet Fishing Moratorium Protection Act, which is classified generally to sections 1826d to 1826k of this title. For complete classification of title VI to the Code, see Short Title of 1995 Amendment note set out under section 1801 of this title and Tables.

### Codification

Section was enacted as part of the High Seas Driftnet Fishing Moratorium Protection Act, and also as part of the Fisheries Act of 1995, and not as part of the Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.

### Amendments

2022—Subsec. (a)(2). Pub. L. 117–263, § 11337(a)(1), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “Taking into account the factors described under subsection (a)(1), the Secretary shall also identify, and list in such report, a nation—

“(A) if it is violating, or has violated at any point during the preceding 3 years, conservation and management measures required under an international fishery management agreement to which the United States is a party and the violations undermine the effectiveness of such measures; or

“(B) if it is failing, or has failed in the preceding 3-year period, to effectively address or regulate illegal, unreported, or unregulated fishing in areas described under paragraph (1)(B).”

Subsec. (a)(4). Pub. L. 117–263, § 11337(a)(2), added par. (4).

Subsec. (d)(3). Pub. L. 117–263, § 11337(b)(1), added par. (3) and struck out former par. (3) which related to effect of certification.

Subsecs. (e) to (g). Pub. L. 117–328, § 401(1), redesignated subsecs. (f) and (g) as (e) and (f), respectively, and struck out former subsec. (e) which related to recordkeeping requirements.

Pub. L. 117–263, § 11337(b)(2), (3), added subsec. (e) and redesignated former subsecs. (e) and (f) as (f) and (g), respectively.

2016—Subsec. (a)(1). Pub. L. 114–327 substituted “any fishing vessel of that nation is engaged, or has” for “fishing vessels of that nation are engaged, or have” in introductory provisions.

2015—Subsec. (a). Pub. L. 114–81, § 101(g)(1), (2), designated existing provisions as par. (1), inserted heading, and, in introductory provisions, inserted “, based on a cumulative compilation and analysis of data collected and provided by international fishery management organizations and other nations and organizations,” after “shall” and substituted “3 years” for “2 years”; redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), realigned margins, and, in subpar. (A), inserted “that undermines the effectiveness of measures required by an international fishery management organization, taking into account whether” before “the relevant” and struck out “vessels of” after “activity by”; and added pars. (2) and (3).

Subsec. (b). Pub. L. 114–81, § 101(c), amended subsec. (b) generally. Prior to amendment, text read as follows: “An identification under subsection (a) or section 1826k(a) of this title is deemed to be an identification under section 1826a(b)(1)(A) of this title, and the Secretary shall notify the President and that nation of such identification.”

Subsec. (d)(1). Pub. L. 114–81, § 101(i)(2), struck out “of its fishing vessels” after “offending activities” in introductory provisions.

Subsec. (d)(1)(A). Pub. L. 114–81, § 101(i)(3), struck out “of its fishing vessels” after “offending activities”.

Subsec. (d)(2). Pub. L. 114–81, § 101(i)(4), in introductory provisions, substituted “to authorize” for “for certification”, inserted “the importation” after “or other basis”, struck out “harvesting” before “nation”, and substituted “issued a negative certification under paragraph (1)” for “not certified under paragraph (1)”.

Subsec. (d)(3)(A)(i). Pub. L. 114–81, § 101(e), struck out “that has not been certified by the Secretary under this subsection, or” after “subsection (a)”.

2011—Subsec. (e)(3)(A). Pub. L. 111–348 substituted “bycatch reduction requirements, and shark conservation measures;” for “and bycatch reduction requirements;”.

### Statutory Notes and Related Subsidiaries

### Construction

Nothing in amendment by Pub. L. 111–348 to be construed as affecting, altering, or diminishing the authority of the Secretary of Commerce to establish such conservation and management measures as the Secretary considers necessary and appropriate under sections 1852(a)(3) and 1854(g) of this title, see section 104 of Pub. L. 111–348, set out as a note under section 1826i of this title.