Pub. L. 119-123 - Illegal Red Snapper and Tuna Enforcement Act

119th Congress

Affects: 16 U.S.C. §§ 1826j

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) In this section:

(a)(1) The term “Administrator” means the Administrator of the National Oceanic and Atmospheric Administration.

(a)(2) The term “appropriate committees of Congress” means—

(a)(2)(A) the Committee on Commerce, Science, and Transportation of the Senate; and

(a)(2)(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.

(a)(3) 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)).

(a)(4) 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.

(a)(5) The term “red snapper” means the species Lutjanus campechanus.

(a)(6) The term “tuna” means the following species of tuna:

(a)(6)(A) Bigeye tuna (Thunnus obesus).

(a)(6)(B) Yellowfin tuna (Thunnus albacares).

(a)(6)(C) Bluefin tuna (Thunnus thynnus).

(a)(7) The term “Under Secretary” means the Under Secretary of Commerce for Standards and Technology.

(b)(1) 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.

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

(b)(2)(A) is consistent with the needs of Federal and State law enforcement agencies in combating IUU fishing and seafood fraud;

(b)(2)(B) minimizes processing time;

(b)(2)(C) involves the use of a field kit that can be easily carried by one individual; and

(b)(2)(D) to the extent practicable, can be used to test prepared food, including raw preparations of seafood, such as ceviche, sashimi, sushi, and poke.

(b)(3) 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) Not later than 2 years after the date of the enactment of this Act, the Under Secretary shall submit to the appropriate committees of Congress a report that includes the following:

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

(c)(2) A plan for operationalizing such methodology.

(c)(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.

Legislative History

LEGISLATIVE HISTORY—S. 283:

CONGRESSIONAL RECORD:

July 14, considered and passed Senate.

Sept. 14, considered and passed House, amended.

Sept. 24, Senate concurred in House amendment.