2023 Report to Congress on Improving International Fisheries Management

2023 Report to Congress

Improving International

Fisheries Management

REPORT TO CONGRESS

IMPROVING INTERNATIONAL

FISHERIES MANAGEMENT

August 2023

Developed pursuant to the High Seas Driftnet Fishing Moratorium Protection Act

Janet Coit

Assistant Administrator for Fisheries

National Oceanic and Atmospheric Administration

Dr. Richard W. Spinrad

Under Secretary of Commerce

for Oceans and Atmosphere

and NOAA Administrator

Table of Contents

I. Executive Summary .................................................................................................................................. 3

List of Acronyms .......................................................................................................................................... 5

II. Introduction ............................................................................................................................................. 7

Report Purpose and Scope ........................................................................................................................ 7

2023 Amendments to the Moratorium Protection Act.............................................................................. 8

III. Background .......................................................................................................................................... 10

Illegal, Unreported, and Unregulated Fishing ........................................................................................ 10

Forced Labor and Oppressive Child Labor ............................................................................................ 11

Bycatch of Protected Living Marine Resources ..................................................................................... 12

Shark Conservation and Catch ............................................................................................................... 13

IV. Certification Determinations................................................................................................................ 14

Illegal, Unreported, and Unregulated Fishing Certification Determinations .......................................... 15

Costa Rica: Positive Certification ...................................................................................................... 15

Guyana: Positive Certification ........................................................................................................... 16

Mexico: Negative Certification .......................................................................................................... 18

The People’s Republic of China: Negative Certification ................................................................... 18

Russian Federation: Negative Certification ....................................................................................... 20

Senegal: Positive Certification ........................................................................................................... 20

Taiwan: Positive Certification ............................................................................................................ 21

Protected Living Marine Resources Bycatch Certification Determinations ........................................... 22

PLMR Bycatch Certification Determinations Related to Pelagic Longline Fishing .......................... 22

Negative Certification Determination for Mexico ............................................................................. 31

V. Identifications ........................................................................................................................................ 33

Illegal, Unreported, and Unregulated Fishing Identifications ................................................................ 34

Angola ................................................................................................................................................ 35

Grenada .............................................................................................................................................. 36

Mexico ................................................................................................................................................ 36

The People’s Republic of China (PRC) ............................................................................................. 37

Taiwan ................................................................................................................................................ 39

The Gambia ........................................................................................................................................ 40

Vanuatu .............................................................................................................................................. 41

PLMR Bycatch ....................................................................................................................................... 42

Shark Catch ............................................................................................................................................ 44

The People’s Republic of China ......................................................................................................... 46

Vanuatu .............................................................................................................................................. 47

VI. International Activities and Achievements .......................................................................................... 48

Achievements in Global and Regional Organizations ............................................................................ 48

Food and Agricultural Organization................................................................................................... 48

United Nations General Assembly ..................................................................................................... 49

Convention on International Trade in Endangered Species of Wild Fauna and Flora ....................... 49

International Whaling Commission.................................................................................................... 50

Specially Protected Areas and Wildlife Protocol ............................................................................... 51

Asia Pacific Economic Cooperation Forum ....................................................................................... 52

Western Central Atlantic Fishery Commission .................................................................................. 53

Agreement on the Conservation of Albatrosses and Petrels .............................................................. 53

Achievements in Regional Fisheries Management Organizations and Agreements .............................. 54

Commission for the Conservation of Antarctic Marine Living Resources ........................................ 54

Inter-American Tropical Tuna Commission ...................................................................................... 55

International Commission for the Conservation of Atlantic Tunas .................................................... 56

North Pacific Anadromous Fish Commission .................................................................................... 57

North Pacific Fisheries Commission .................................................................................................. 58

North Atlantic Fisheries Organization ............................................................................................... 59

South Pacific Regional Fisheries Management Organisation ............................................................ 59

Western and Central Pacific Fisheries Commission .......................................................................... 60

VII. Initiatives to Improve International Fisheries Management ............................................................... 62

National Security Memo on IUU Fishing ............................................................................................... 62

Maritime SAFE Act ................................................................................................................................ 62

IUU Fishing Action Alliance .................................................................................................................. 63

Efforts to Address Forced Labor ............................................................................................................ 64

CALM-CS .......................................................................................................................................... 65

Marine Mammal Protection Act ............................................................................................................. 65

Enforcement Training and Capacity Building ........................................................................................ 66

Other Capacity Building Efforts ............................................................................................................. 68

VIII. Report on International Bycatch Reduction Agreements (Section 202(h)) ...................................... 70

IX. Report on Foreign Large-Scale High Seas Driftnet Fishing (Section 206) ......................................... 71

Appendix 1. International Fisheries and Related Agreements and Organizations ..................................... 73

Appendix 2. U.S. Laws Relevant to IUU Fishing, PLMR Bycatch, and Shark Conservation................... 79

Appendix 3. Key Consultation Activities and Communications ............................................................... 81

Appendix 4. Responses to the Federal Register Notice ........................................................................... 106

I. Executive Summary

The United States is a leader in sustainable fisheries. As a member of numerous fishery

management organizations, a signatory of bilateral and multilateral treaties, and a party to

diverse international conventions and protocols, the United States strives to work collaboratively

to advance the critical fisheries management issues of our time. The United States prioritizes

international efforts to combat illegal, unreported, and unregulated (IUU) fishing through

strategic partnerships and capacity building; improve compliance and enforcement using tools

like high seas boarding and inspection; advance adaptive fisheries management in response to

climate change; protect threatened and vulnerable species through innovation and improved

governance; and shine a light on other illicit activities associated with IUU fishing like forced

labor and human trafficking. The National Oceanic and Atmospheric Administration’s (NOAA)

National Marine Fisheries Service (NMFS), alongside numerous interagency partners, strives to

improve international fisheries management for the sustainability of resources and the integrity

of the global seafood market.

Every two years, NMFS delivers this report to Congress in fulfillment of its statutory

requirements under the High Seas Driftnet Fishing Moratorium Protection Act (Moratorium

Protection Act). This report – the 2023 Report to Congress on Improving International Fisheries

Management – includes an accounting of achievements and milestones in global and regional

organizations (Chapter 6). It highlights programs and initiatives led by the United States that

tackle systemic problems and provide capacity building (Chapter 7). It also includes other

statutory reporting requirements related to bycatch programs and high seas driftnet fishing

(Chapter 8 and Chapter 9). The most high profile parts of this report, however, are the

identifications (Chapter 5) and subsequent certifications (Chapter 4) of nations and entities.

This report includes seven certification determinations for IUU fishing and 29 certification

determinations for the bycatch of protected living marine resources (PLMR). NMFS issued

Costa Rica, Guyana, Senegal, and Taiwan positive certifications in this report following IUU

fishing identifications in 2021. NMFS issued Mexico, the People’s Republic of China (PRC),

and the Russian Federation negative certifications in this report following IUU fishing

identifications in 2021. For PLMR bycatch, NMFS issued positive certifications in this report to

Croatia, Egypt, the European Union (EU), Grenada, Guyana, Japan, Mauritania, Morocco, the

PRC, Portugal, the Republic of Korea, Saint Vincent and the Grenadines, South Africa, and

Taiwan. NMFS issued negative certifications in this report for PLMR bycatch to Algeria,

Barbados, Côte d’Ivoire, Cyprus, France, Greece, Italy, Malta, Mexico, Namibia, Senegal, Spain,

Trinidad and Tobago, Tunisia, and Türkiye.

NMFS identified seven nations and entities for IUU fishing in this report: Angola, Grenada,

Mexico, the PRC, Taiwan, The Gambia, and Vanuatu. NMFS identified two nations for shark

catch in this report: the PRC and Vanuatu.

As is explained in the pages to come, negative certification determinations result in the denial of

U.S. port privileges and can result in trade restrictions. Certain vessels from Mexico, which is

identified in this report for the fifth consecutive time – and negatively certified for the second

consecutive time – for illegally fishing in U.S. Waters in the Gulf of Mexico, have been denied

entry to U.S. ports since February 2022.

This report contains a series of firsts. This is the first Moratorium Protection Act Report to

Congress to include forced labor in IUU fishing identifications. It is the first report to identify a

nation or entity for issues related to shark catch. It is the first report to follow a record number

PLMR bycatch identifications with certification determinations – all for the bycatch of sea turtles

in longline fisheries managed by the International Commission for the Conservation of Atlantic

Tunas (ICCAT). This is also the first report published following a series of amendments to the

Moratorium Protection Act made by the James M. Inhofe National Defense Authorization Act

for Fiscal Year 2023 (2023 NDAA). As discussed in greater detail below, NMFS has been able

to implement some of the changes into this year’s report, while others will require further data

collection efforts or rulemaking to fully implement.

Of note, in 2022, as a result of U.S. leadership and support from co-sponsors Brazil, Canada,

Gabon, Egypt, the European Union, and Türkiye, ICCAT adopted a binding bycatch mitigation

measure for sea turtles caught in association with ICCAT fisheries. NMFS commends ICCAT

on this substantial step forward for sea turtle conservation. The adoption of this measure is the

result of years of negotiations and NMFS recognizes the important role all ICCAT Contracting

Parties and Cooperating Non-Contracting Parties, Entities or Fishing Entities (CPCs) had in

securing the final measure, and in particular, those CPCs that co-sponsored the proposal. This is

one of many international fisheries conservation and management success stories of the last two

years, and it played a critical role in this report’s certification determinations.

Looking forward, NMFS will continue to build on its successes and find new paths to make

progress on seemingly intractable issues. NMFS will continue to work with partners across

agencies, sectors, and borders.

List of Acronyms

ACAP

Agreement on the Conservation of Albatrosses and Petrels

APEC

Asia-Pacific Economic Cooperation

BMI

Bycatch Mitigation Initiative (IWC)

CBP

U.S. Customs and Border Protection

CCAMLR

Commission for the Conservation of Antarctic Marine Living Resources

CITES

Convention on International Trade in Endangered Species of Wild Fauna and

Flora

CMM

Conservation and management measure

CMS

Convention on the Conservation of Migratory Species of Wild Animals

COFI

Committee on Fisheries of FAO

CONAPESCA

Comisión Nacional de Acuacultura y Pesca (Mexico)

CoP18

18th Conference of the Parties to CITES

CPCs

Contracting parties and cooperating non-contracting parties, entities, or

fishing entities (ICCAT)

DWFDA

Distant Water Fisheries Development Act (Republic of Korea)

EBFT

Eastern Atlantic and Mediterranean bluefin tuna

EEZ

Exclusive Economic Zone

ESA

Endangered Species Act

European Union

FAO

United Nations Food and Agriculture Organization

IATTC

Inter-American Tropical Tuna Commission

ICCAT

International Commission for the Conservation of Atlantic Tunas

IOTC

Indian Ocean Tuna Commission

IUU

Illegal, unreported, and unregulated (fishing)

IWC

International Whaling Commission

LOFF

List of Foreign Fisheries

MCS

Monitoring, control, and surveillance

MMPA

Marine Mammal Protection Act

MOU

Memorandum of understanding

MSA

Magnuson-Stevens Fishery Conservation and Management Act

MSRA

Magnuson-Stevens Fishery Conservation and Management Reauthorization

Act

NAFO

Northwest Atlantic Fisheries Organization

NEAFC

North East Atlantic Fisheries Commission

NGO

Non-governmental organization

NMFS

National Marine Fisheries Service

NOAA

National Oceanic and Atmospheric Administration

NPAFC

North Pacific Anadromous Fish Commission

NPFC

North Pacific Fisheries Commission

OFWG

Ocean and Fisheries Working Group (APEC)

PLMRs

Protected living marine resources

PSMA

Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal,

Unreported and Unregulated Fishing

RFMO

Regional fisheries management organization/arrangement

SCA

Shark Conservation Act of 2010

SCIC

Standing Committee on Implementation and Compliance (CCAMLR)

SIMP

Seafood Import Monitoring Program

SPRFMO

South Pacific Regional Fisheries Management Organisation

UNGA

United Nations General Assembly

USCG

United States Coast Guard

VME

Vulnerable marine ecosystem

VMS

Vessel monitoring system

WECAFC

Western Central Atlantic Fishery Commission

WCPFC

Western and Central Pacific Fisheries Commission

II. Introduction

Report Purpose and Scope

Since 2009, the Secretary of Commerce has submitted a Report to Congress on Improving

International Fisheries Management every two years, as required by the High Seas Driftnet

Fishing Moratorium Protection Act (Moratorium Protection Act) at 16 U.S.C. § 1826h. There

are three core actions the National Marine Fisheries Service (NMFS) takes that are described in

the biennial report to Congress: identification of nations and entities for certain relevant

activities, consultation with identified nations and entities, and certification – either positive or

negative – of previously identified nations and entities.

The Secretary of Commerce has delegated identification and certification authorities under the

Moratorium Protection Act to the National Oceanic and Atmospheric Administration (NOAA)

Assistant Administrator for Fisheries. This is NOAA’s eighth biennial report to Congress.

Previous reports are available online.

Identifications are based on a range of issues central to international fisheries management.

NMFS identifies nations and entities for having vessels engaged in illegal, unreported, or

unregulated fishing (IUU fishing), for violating conservation and management measures

(CMMs) of an international fishery management agreement to which the United States is a party,

and/or for other fisheries issues described in more detail in the coming pages. NMFS also

identifies nations and entities for fishing activities or practices by its vessels that result in

bycatch of protected living marine resources (PLMRs), if specific criteria are met. Finally,

NMFS identifies nations and entities for activities that target or incidentally catch sharks, under

certain circumstances. In most cases, the Moratorium Protection Act requires that activities

considered in making identification decisions for this report occurred during the preceding three

years (2020, 2021, and 2022).

Each biennial report to Congress includes descriptions of consultations between the United

States and nations and entities identified in the previous report to encourage those nations and

entities to take appropriate action. NMFS also publishes certification determinations following

those consultations, based on whether the identified nation or entity took actions subsequent to

identification that have adequately addressed the original issues of concern.

The biennial report to Congress exists within the larger landscape of the United States’

international fisheries engagement. The United States is a party to numerous international

fisheries agreements and is a member of, or has substantial interests in, many related multilateral

organizations. Recognizing this, the Moratorium Protection Act directs the Secretary of

Commerce to improve the effectiveness of these international fishery management organizations

in conserving and managing stocks under their jurisdiction. This report highlights efforts by the

United States to strengthen international fisheries management and enforcement, particularly

Previous reports can be accessed on the NMFS website: https://www.fisheries.noaa.gov/international/report-iuu-

fishing-bycatch-and-shark-catch

with regard to IUU fishing, violating relevant CMMs, PLMR bycatch, and inadequate shark

conservation and management. In addition, this report includes achievements related to the

challenges of managing fisheries in a changing climate and the pervasive issue of forced labor in

the seafood sector.

The Moratorium Protection Act further directs the Secretary of Commerce to encourage other

nations and entities to take all steps necessary, consistent with international law, to adopt

measures and policies that will prevent fish or other living marine resources harvested by vessels

engaged in IUU fishing from being traded or imported into their jurisdictions. The Moratorium

Protection Act calls on the Secretary of Commerce to provide assistance to nations or entities

identified for certain activities, so they may qualify for positive certifications in the ensuing

report. This report provides information on actions taken by NMFS pursuant to that obligation

and, more generally, to assist other nations or entities in achieving sustainable fisheries.

IUU fishing, PLMR bycatch, and inadequate shark conservation and management have

detrimental effects on the status of international living marine resources.

For that reason, the

Moratorium Protection Act requires that the report include the state of knowledge on the status

of such resources shared by the United States or subject to treaties or agreements to which the

United States is a party. A table with this information, available on the NMFS website, includes

all fish stocks classified as overfished, overexploited, depleted, endangered, or threatened with

extinction by any international or other authority charged with the management or conservation

of those stocks.

For each species, the table shows the status of each stock, the organization(s)

that made the assessment, and applicable treaties.

In addition to the Moratorium Protection Act, the United States has other legal authorities to

address IUU fishing, PLMR bycatch, and shark conservation and management. These include

the Magnuson-Stevens Fishery Conservation and Management Act (MSA), the Lacey Act, the

IUU Fishing Enforcement Act, the Marine Mammal Protection Act (MMPA), and the

Endangered Species Act (ESA), among others. Information on relevant legislation and

associated activities can be found in the 2019 Biennial Report to Congress (pages 14-17)

and in

Appendix 2 of this report.

2023 Amendments to the Moratorium Protection Act

The James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (2023 NDAA)

was enacted on December 27, 2022. The 2023 NDAA amended the Moratorium Protection Act

The statutory term “international living marine resources” is more inclusive than the term “protected living marine

resources.” The latter includes only non-target species protected under U.S. law or international agreement that,

except for sharks, are not managed under the MSA, the Atlantic Tunas Convention Act, or any other international

fishery management agreement.

The international living marine resources table is available on the Report website:

https://www.fisheries.noaa.gov/international/report-iuu-fishing-bycatch-and-shark-catch

National Marine Fisheries Service. “Improving International Fisheries Management. September 2019 Biennial

Report to Congress Pursuant to Section 403(a) of the Magnuson-Stevens Fishery Conservation and Management

Reauthorization Act of 2006.” pp 14-17. Available at: https://www.fisheries.noaa.gov/international/report-iuu-

fishing-bycatch-and-shark-catch

to add new considerations for identifying nations whose vessels are engaged in IUU fishing,

modifies the criteria for identifying nations whose vessels engage in PLMR bycatch and shark

catch without a regulatory program comparable to the United States, authorizes NMFS to

identify nations any time the agency has sufficient information, and modifies other aspects of the

certification and consultation processes. NMFS has utilized the provisions of the Moratorium

Protection Act amended by the 2023 NDAA to identify nations for which we have sufficient

information at this time.

III. Background

Illegal, Unreported, and Unregulated Fishing

Illegal, unreported, and unregulated (IUU) fishing is a global problem that imperils sustainable

fisheries, damages ocean ecosystems, threatens economic security, depletes natural resources,

and puts law-abiding fishermen and seafood producers at a disadvantage. Illegal fishing refers to

fishing activities conducted in contravention of applicable laws and regulations, including those

laws and rules adopted at the regional and international level. Unreported fishing refers to those

fishing activities that are not reported or are misreported to relevant authorities in contravention

of national laws and regulations or reporting procedures of a relevant regional fisheries

management organization (RFMO). Unregulated fishing occurs in areas, or for fish stocks, for

which there are no applicable conservation and management measures (CMMs) and where such

fishing activities are conducted in a manner inconsistent with a nation’s or entity’s

responsibilities under international law. Fishing activities are also considered unregulated when

occurring in an RFMO-managed area and conducted by vessels without nationality, or by those

flying a flag of a nation or fishing entity that is not party to the RFMO with authority in that area

in a manner that is inconsistent with the CMMs of that RFMO. By its very nature, IUU fishing

is difficult to quantify.

The broader context in which IUU fishing occurs amplifies the importance of combating IUU

fishing. Aquatic foods provide at least 20% of the average intake of animal protein for more

than 3 billion people.

Given this reliance on the ocean for sustenance, IUU fishing represents a

serious threat to food security. The effect of IUU fishing on economic security and sustainability

could also contribute to conflict at international and local scales.

IUU fishing can occur in fisheries both within areas of national jurisdiction and on the high seas.

Nations and entities that engage in IUU fishing circumvent CMMs, which can lead to the

unsustainable use of fish stocks and allow for the avoidance of operational costs associated with

sustainable fishing practices. These activities undermine global efforts to sustainably manage

fish stocks and deprive scientists of data needed to inform sound fisheries conservation and

management decisions. Those that engage in IUU fishing are unlikely to observe rules designed

to protect the marine environment and its resources from the harmful effects of fishing activities;

and unlikely to protect the safety and well-being of crew. Examples of rules that might be

ignored or overlooked include restrictions on the harvest of juvenile fishes, gear restrictions

established to minimize waste and bycatch of non-target species or harm to the ecosystem, catch

limits, prohibitions on fishing in areas of known spawning or other biologically critical activities,

and rules pertaining to crew’s length of consecutive working hours without rest or length of time

at sea without a call in port. In fact, illegal fishing is associated with illegal and illicit labor

conditions aboard vessels, such as forced and child labor, which can threaten the safety of both

crew and observers.

From the State of World Fisheries Report, UN Food and Agricultural Organization, 2022, Executive Summary:

https://www.fao.org/3/cc0461en/online/sofia/2022/executive-summary.html

NMFS leads and collaborates on activities to counter IUU fishing across the globe; often in close

coordination with both U.S. Government and international partners.

Combating a complex

problem like IUU fishing requires engagement from a broad range of governments and entities.

These include flag, coastal, port, and market States; international and intergovernmental

organizations; fishing, processing, distribution, and retail industries; non-governmental

organizations; financial institutions; insurers; and consumers. The United States, as a leader in

international efforts to combat IUU fishing, encourages the development and strengthening of

management tools and governing institutions. Among them are new agreements to manage

fishing in previously unregulated areas; IUU vessel lists; port State controls;

at-sea monitoring,

control, and surveillance (MCS); market-related measures to help ensure compliance; improved

data collection and reporting; and scientific and enforcement capacity building assistance.

For the purpose of this report, IUU fishing is defined at 50 CFR § 300.201.

Forced Labor and Oppressive Child Labor

Illegal and inhumane working conditions in the seafood sector, such as forced labor and

oppressive child labor, are devastating for victims and their families. They also contribute to

destabilization of maritime security and supply chains, and create circumstances that lead to the

depletion of fish stocks and degradation of marine ecosystems. These labor abuses undermine

U.S. economic competitiveness, national security, fishery sustainability, and the livelihoods and

human rights of fishers around the world.

Combating forced labor and oppressive child labor is particularly challenging within the seafood

industry, where operations range from small aquaculture farms in coastal zones to large fish-

processing trawlers that travel the high seas for months. Employers may subject victims – many

of whom are also victims of human trafficking – to physical, mental, and sexual abuse; deception

about working conditions and wages; debt bondage; withholding of wages; excessive overtime;

abusive working and living conditions; and isolation for extended periods of time. Several

factors increase the vulnerability of workers in the fishing sector, including illegal or unjust

employment and recruitment practices, dependency of national and global supply chains on

distant water fisheries, weak regulatory and governance programs, and poor enforcement. The

power imbalance between workers and employers limits the ability of workers to claim and

assert their rights in environments where illegal activities thrive.

In many markets, employers, recruiters and traffickers often deceive fishermen with false

promises of high wages and decent working conditions. Additionally, fishermen are at risk for

high recruitment fees that they are never able to pay off, which become the basis for debt

bondage, forcing victims to remain with the vessel or firm. Globally, a large portion of

fishermen in distant water fleets and major markets are migrants who are vulnerable to labor

abuses due to isolated conditions, limited access to legal and administrative systems or other

For more information about NMFS’ activities, see the following website:

https://www.fisheries.noaa.gov/topic/international-affairs/iuu-fishing

Port State controls were strengthened by the entry into force of the Agreement on Port State Measures (PSMA) in

2016. This agreement requires parties to take actions to prevent IUU fish and fish products from entering the stream

of commerce.

forms of support, unfamiliarity with local languages, and a lack of information about their

working conditions and rights. Vessels that venture farther out to sea and engage in at-sea

transshipment, resupplying, and refueling can stay at sea for months to years, inhibiting workers’

access to resources and ability to have contact with the outside world, and delaying at-port

inspections that might identify labor violations and abuses, including human trafficking for labor.

Labor abuses can flourish under weak and ineffective management regimes. For example,

vessels may operate under a “flag of convenience,” registered to a country with limited interest

or ability to enforce fishing or labor related laws. These conditions are exacerbated when

workers are unable to report their conditions or leave abusive employment conditions without

fear of retribution, either from legal authorities or from criminal enterprises.

Bycatch of Protected Living Marine Resources

Bycatch of PLMRs, including incidentally caught or entangled sea turtles and marine mammals,

is a serious management concern in international fisheries. Bycatch can lead to injury or

mortality of protected species, resulting in significant negative consequences for the protected

species as well as for overall marine biodiversity. Unsustainable PLMR bycatch undermines the

ability of the United States and other nations and entities to conserve these resources and the

environment they inhabit.

The United States continues to be a global leader in establishing international measures to reduce

and mitigate PLMR bycatch through bilateral and multilateral efforts. In RFMOs and other

international fora, the United States promotes the adoption and implementation of management

measures that address harmful activities such as direct harvest and incidental entanglement.

Bilateral engagement builds upon these efforts through capacity building activities and

diplomatic outreach focused on reducing PLMR and seabird bycatch mortality. In addition, U.S.

research efforts continue to advance fisheries science related to bycatch mitigation, which is

critical to progress in multilateral fora. All of these efforts ultimately aim to promote a

consistent international framework of strong bycatch-related measures for all fishing vessels,

similar to the robust bycatch mitigation program in place for U.S. fishing vessels.

The statutory definition of the term ‘PLMR’ includes non-target fish, sea turtles, or marine

mammals protected under U.S. law or international agreement, including the MMPA, ESA,

Shark Finning Prohibition Act, and Convention on International Trade in Endangered Species of

Wild Fauna and Flora (CITES). The term excludes species, except sharks, that are managed

under the MSA, the Atlantic Tunas Convention Act, or any international fishery management

agreement.

The regulations define “bycatch” to mean “the incidental or discarded catch of

protected living marine resources or entanglement of such resources with fishing gear.” 50 CFR

§ 300.201.

A list of PLMRs can be found at https://www.fisheries.noaa.gov/international/report-iuu-fishing-bycatch-and-

shark-catch.

Shark Conservation and Catch

The conservation and management of sharks is challenging due to their biological and ecological

characteristics and the scarcity of reliable species-specific catch data. Many shark species have

conservative life histories, which are characterized by relatively slow growth, late maturity, and

low reproductive rates, which make them particularly vulnerable to overexploitation and slow to

recover once stocks are depleted. There are growing concerns regarding the status of many shark

stocks and their exploitation in global fisheries.

The United States promotes global shark conservation and sustainable management with ongoing

multilateral and bilateral consultations to develop and implement international agreements. The

United States works within RFMOs and other regional entities to facilitate shark research, data

collection, monitoring, and management initiatives, such as measures requiring the landing of

sharks with fins naturally attached. In recent years, the United States has successfully led efforts

to implement these measures within a number of RFMOs.

Many of these efforts are described

in Chapter 6 of this report.

NMFS has the ability to advance global shark conservation in this Report by identifying nations

or entities for shark-related concerns using three different approaches. The first is under the

Moratorium Protection Act’s IUU fishing provisions at 16 U.S.C. § 1826j(a)(1). The Shark

Conservation Act of 2010 amended those provisions to specify that violation of shark

conservation measures required under international fishery management agreements to which the

United States is a party could be a basis for identification for IUU fishing. NMFS has identified

several nations and entities in this and previous reports under the IUU fishing provisions for

violating shark CMMs.

Secondly, under the PLMR bycatch provisions at Section 1826k(a)(1)(A), a nation could be

identified if any fishing vessel has engaged in fishing activities or practices on the high seas or

within the exclusive economic zone (EEZ) of any nation that results in the bycatch of sharks that

are listed as PLMRs and the vessel’s flag state has not adopted, implemented, and enforced a

regulatory program governing such fishing designed to end or reduce bycatch that is comparable

in effectiveness to the regulatory program of the United States, taking into account different

conditions.

The third approach is under the shark provisions of the statute at 16 U.S.C. § 1826k(a)(1)(B),

which separately requires the Secretary of Commerce to identify nations and entities whose

vessels are engaged, or have been engaged during the preceding three calendar years, in fishing

activities on the high seas or within the EEZ of another nation that target or incidentally catch

sharks, and where the nation has not adopted, implemented, and enforced a regulatory program

for the conservation of sharks, including measures to prohibit removal of any of the fins of a

shark, including the tail, before landing the shark in port, that is comparable to that of the United

States.

The annual Shark Finning Report to Congress can be found on the NMFS website:

https://www.fisheries.noaa.gov/resource/document/2018-shark-finning-report-congress

. The Report was on hiatus

due to the COVID-19 pandemic but will return to its regularly scheduled releases starting in 2023.

IV. Certification Determinations

NMFS engages nations and entities in consultations following identification, after which NMFS

provides a preliminary certification determination to an identified nation or entity, which has an

opportunity to respond before the final certification is issued. Consultations consist of the

exchange of scientific, regulatory, management, and legal information relevant to each

identification. They are opportunities for identified nations and entities to share updates on

progress and to explain specific circumstances surrounding relevant fisheries and the issues for

which they were identified. Consultations allow for relationship building and the provision of

technical assistance. These efforts require significant resource inputs from NMFS and, often,

from identified nations. NMFS appreciates the efforts of many nations to engage in robust

dialogue throughout the consultation process.

In March 2023, NMFS sent letters providing preliminary certification determinations to nations

and entities identified in the 2021 Report to Congress. The delivery of preliminary certification

determinations in advance of this report allowed for a nation or entity to provide additional

documentary evidence related to its identification. If an identified nation or entity took

appropriate actions to address the issues that formed the basis of its identification, NMFS issued

a positive certification determination in this report. If NMFS issues a negative certification

determination to a nation or entity, 16 U.S.C. §§ 1826a-1826c (High Seas Driftnet Fisheries

Enforcement Act) prescribes denial of U.S. port privileges for that nation’s or entity’s fishing

vessels. The Moratorium Protection Act (16 U.S.C. §§ 1826d-1826k) authorizes other

responsive measures as well, including potential import restrictions. Therefore, during the

period for which a negative certification applies, the United States will implement appropriate

restrictions on port access for vessels flagged to the nation or entity that received a negative

certification and NMFS may recommend appropriate trade restrictions.

NMFS will continue to consult with and provide technical assistance to nations and entities that

receive negative certifications. A negative certification issued in this report can be amended to a

positive certification at such time as NMFS determines that the nation or entity has taken

adequate action.

Detailed information about communications and meetings central to the consultation process for

each of the following nations and entities is in Appendix 3.

Illegal, Unreported, and Unregulated Fishing Certification Determinations

Costa Rica: Positive Certification

Basis for 2021 Identification: NMFS identified Costa Rica in 2021 for failing to effectively

manage and control its fleet and fisheries consistent with CMMs adopted by the International

Commission for the Conservation of Atlantic Tunas (ICCAT) and for failing to provide essential

statistical data and other required information to ICCAT. These actions had previously led to

Costa Rica receiving an identification letter from the ICCAT compliance committee Chair in

2019, 2020 and 2021 under ICCAT’s Recommendation Concerning Trade Measures (Rec. 06-

The specific concerns leading NMFS to identify Costa Rica under the Moratorium Protection

Act included failing to submit catch data to ICCAT (Rec. 05-09

), harvest of North Atlantic

swordfish without quota (Rec. 17-03

), and extensive overharvest of Atlantic white marlin (Rec.

19-05

Corrective Actions: In 2022, Costa Rica demonstrated significant progress in building its

capacity to satisfy all ICCAT data reporting requirements, participating as a Cooperating Non-

Contracting Party in seven intersessional and scientific meetings of ICCAT as well as several

informal consultations with the ICCAT Secretariat’s statistics department. Costa Rica has

adopted and implemented updated forms (including logbook forms, record of sets forms, and

transshipment sheets) for mandatory data collection by fishing masters. The Costa Rican

Institute of Fisheries and Aquaculture (INCOPESCA) provided training on the use of this system

in July 2022 and additional training in May 2023. Training was supplemented by a landings

inspection program. From January to May 2023, Costa Rica reported 100% dockside inspection

of the medium-scale Caribbean longline fleet, with an integrated database managed by

INCOPESCA. Costa Rica reported its missing catch and effort data for 2021 and prior years to

ICCAT, in accordance with ICCAT obligations. A requirement for 100% vessel monitoring

system (VMS) coverage was included in a new law (Regalamento AJDIP/076-2022).

Additionally, Costa Rica has provided documentary evidence of its plans to develop a national

onboard observer program in 2024, as well as a pilot program for electronic monitoring.

Regarding North Atlantic swordfish, in March 2022 a team of national scientists from Costa Rica

participated in the data preparatory meeting for the June 2022 swordfish stock assessment

conducted by ICCAT’s Standing Committee on Research and Statistics (SCRS). Costa Rica

presented estimates of Atlantic swordfish landings by its fleet of three longline vessels for the

period 1999-2020. The SCRS congratulated Costa Rica on the submission of this new catch

series, and encouraged Costa Rica to expand its scientific work in this poorly known area of the

Caribbean Sea. Costa Rica submitted a North Atlantic swordfish management/development plan

ICCAT Rec. 06-13 is available at https://www.iccat.int/Documents/Recs/compendiopdf-e/2006-13-e.pdf. Note

that ICCAT Recommendations (Recs.) are binding measures, including binding CMMs.

ICCAT Rec. 05-09 is available at https://www.iccat.int/Documents/Recs/compendiopdf-e/2005-09-e.pdf.

ICCAT Rec. 17-03 is available at https://www.iccat.int/Documents/Recs/compendiopdf-e/2017-03-e.pdf.

ICCAT Rec. 19-05 is available at https://www.iccat.int/Documents/Recs/compendiopdf-e/2019-05-e.pdf.

at the ICCAT annual meeting in November 2022, in accordance with the requirements of ICCAT

Rec. 17-02.

In the case of Atlantic marlins, Costa Rica has explained that there was confusion regarding

which species are subject to ICCAT quotas. Costa Rica rightly noted that ICCAT Rec. 19-05

uses English common names, rather than scientific names, which has led to confusion regarding

managed species and quotas. To address the compliance concern related to overharvesting of

“white marlin,” Costa Rica sought the help of ICCAT’s statistics department to ensure that the

scientific names of species included on its statistical and compliance forms are correct. As a

result, ICCAT has determined that Costa Rica’s reported overharvest of white marlin was in fact

blue marlin, and did not constitute an overharvest.

In addition to these actions directly related to its identification, Costa Rica is currently

undertaking a review of regulatory provisions in order to bring its fisheries management

measures in line with relevant ICCAT recommendations through a draft plan to amend its

Caribbean Billfish Fishery Management Plan. Furthermore, Costa Rica has acknowledged that

ICCAT CMMs apply within the EEZ and to vessels <20 meters, a matter over which there was

previously a misunderstanding by Costa Rica. In order to fully implement ICCAT’s CMMs for

North Atlantic swordfish and Atlantic marlins, Costa Rica has presented the ICCAT Convention

and Protocol Amendments to its Legislative Assembly; Bill 23094 is currently in the Legislative

Plenary and Costa Rica anticipates its approval before December 31, 2023.

Certification Determination: NMFS positively certified Costa Rica on the basis of its actions to

address unreported harvests, to engage actively in capacity building to meet ICCAT reporting

requirements, and to submit a management/development plan for North Atlantic swordfish in

accordance with the requirements of ICCAT Rec. 17-02. In addition, Costa Rica’s national

scientists have worked directly with the statistics department at the ICCAT Secretariat to correct

the prior misreporting of Atlantic blue marlin as Atlantic white marlin. Costa Rica’s letter to the

ICCAT compliance committee chair

provides a comprehensive accounting of all data and

information that was submitted to ICCAT within established deadlines in 2022. As a result,

ICCAT lifted its identification of Costa Rica under Rec. 06-13 in November 2022, although

ICCAT’s compliance committee will continue to review Costa Rica’s progress annually and

highlight any necessary follow up actions.

Guyana: Positive Certification

Basis for 2021 Identification: NMFS identified Guyana in 2021 for failing to effectively manage

and control its fleet and fisheries consistent with CMMs adopted by ICCAT and for failing to

provide essential statistical data and other required information to ICCAT. These actions had

previously led to Guyana receiving an identification letter from the ICCAT compliance

committee Chair in 2019, 2020 and 2021 under ICCAT Rec. 06-13.

Specific concerns leading to NMFS’ 2021 identification of Guyana under the Moratorium

Protection Act included failing to submit catch data to ICCAT (Rec. 05-09), extensive

ICCAT Rec. 17-02 is available at https://www.iccat.int/Documents/Recs/compendiopdf-e/2017-02-e.pdf.

ICCAT document COC_309, pp 50-54, accessible at https://www.iccat.int/com2022/index.htm#.

overharvest of Atlantic blue marlin and white marlin (Rec. 19-05), harvest of South Atlantic

swordfish without quota (Rec. 17-03), and poor implementation of and reporting on shark

requirements (Rec 18-06

Corrective Actions: On August 13, 2021, Guyana’s Ministry of Agriculture, Department of

Fisheries, issued a letter to the company responsible for earlier blue marlin and swordfish

landings, ordering the company’s four fishing vessels to immediately cease harvesting these

species. On March 10, 2022, the company provided written confirmation to the government that

it had ceased all operations targeting tuna and tuna-like species. Guyana’s 2022 Annual Report

to ICCAT confirmed that its Fisheries Department will not accept any additional permit

applications for the exploitation of the pelagic fishery for tuna and tuna-like species at this time.

Further, the Fisheries Department confirmed that any reopening of this fishery would be

conditioned upon full implementation of ICCAT requirements, including monitoring and

reporting requirements (specifically noting that VMS, observer coverage and electronic

monitoring would be required, and dockside monitoring would be used to verify logbooks).

In addition to taking these corrective actions, the Fisheries Department has hired a new staff

person responsible for reporting to ICCAT. The Fisheries Department liaised with the Caribbean

Community (CARICOM) for training support, requested copies of available ICCAT capacity

building materials related to species identification and electronic reporting requirements, and

worked directly with the ICCAT Secretariat to confirm deadlines and different aspects of

reporting requirements. In 2022, Guyana met the key ICCAT reporting requirements on time,

including submission of Task I data (catch and effort), compliance tables and reporting

checksheets for sharks and billfish.

Regarding reported shark catches, Guyana confirmed that these sharks are harvested in artisanal

and subsistence fisheries, not taken in association with ICCAT fisheries. Guyana’s Wildlife

Commission is responsible for providing a non-detriment finding for the export of sharks. In

2021, Guyana held several training sessions on shark species identification. The Fisheries

Department provided a copy of a species identification guide for endangered, threatened and

protected species, including sharks, developed specifically for Guyana by IUCN and WWF.

Finally, Guyana noted that it is beginning to prepare a National Plan of Action (NPOA) for

sharks, with assistance from the United Nations Food and Agriculture Organization (FAO), and

will consider the need for new national legislation in this context.

Certification Determination: NMFS positively certified Guyana on the basis of its actions to

cease harvesting of marlins and swordfish, and to actively engage in capacity building that

resulted in meeting its ICCAT reporting obligations in 2022. While ICCAT lifted its

identification of Guyana under ICCAT Rec. 06-13 in November 2022, ICCAT’s Compliance

Committee will continue to review Guyana’s progress annually and highlight any necessary

follow up actions.

ICCAT Rec. 18-06 is available at www.iccat.int/Documents/Recs/compendiopdf-e/2018-06-e.pdf.

Mexico: Negative Certification

Basis for 2021 Identification: NMFS identified Mexico in 2021 for not taking effective flag

State action to address its vessels illegally fishing in U.S. waters in the Gulf of Mexico. NMFS

identified Mexico for the same issue in 2015, 2017, 2019, and 2021. The vessels in question,

known as lanchas, catch finfish stocks that are regulated by the United States, including red

snapper. NMFS negatively certified Mexico for this issue in the 2021 Report to Congress, which

remains in place today.

As a result of the 2021 negative certification, Mexican fishing vessels

are subject to denial of U.S. port privileges and potential import restrictions of fish and fish

products from Mexico under the High Seas Driftnet Fisheries Enforcement Act. Id. §§ 1826a-

1826c. Mexican fishing vessels that fish in the Gulf of Mexico are already prohibited from

entering U.S. ports, and denied port access and services, effective February 7, 2022.

Corrective Actions: Despite numerous engagements with the Government of Mexico, related

port restrictions, and the possibility of further negative actions, incursions continue. The USCG

interdicted a total of 321 lanchas for suspicion of illegal fishing in 2020, 2021, and 2022. Based

on the facts of each interdiction, the USCG prepared 287 case packages with evidence of illegal

fishing that were provided to the Government of Mexico for follow-up enforcement action. The

number of interdictions dipped during the pandemic because of the U.S. Coast Guard’s no-

boarding policy, but rose since the lifting of that policy. In addition, the rate of recidivism is

soaring, with some Mexican nationals interdicted up to 40 times. This indicates that those

carrying out the illegal fishing perceive minimal or no consequences for this behavior.

Certification Determination: There is no evidence to support a determination that appropriate

corrective actions have been taken to address this issue. Accordingly, and as it did in 2021,

NMFS negatively certified Mexico. This negative certification will remain in place until such

time that there is sufficient evidence to support a positive certification. A positive certification

determination will require documentary evidence of actions to effectively address Mexican

lancha incursions into the U.S. EEZ, as well as a reduction in the number of repeat offenders.

The People’s Republic of China: Negative Certification

Basis for 2021 Identification: NMFS identified the People’s Republic of China (PRC) in 2021

for having vessels that violated CMMs adopted by NPFC, WCPFC, IATTC, and ICCAT; and for

failing to take appropriate corrective actions. First, the NPFC IUU vessel list included a growing

number of fishing vessels with evidence of PRC registration for violation of a conservation

measure regarding the harvest of species by unauthorized vessels. Second, crewmembers

working aboard PRC-flagged fishing vessels reported violations of shark- and transshipment-

related conservation measures in the WCPFC, IATTC, and ICCAT convention areas (WCPFC

NMFS, 2021 Report to Congress on Improving International Fisheries Management, pp. 15-18.

CMMs 2010-07

, 2011-04

, 2013-08

, and 2009-06

; IATTC C-11-10

, C-05-03

, C-12-

, and C-16-05

; and ICCAT Rec. 04-10

, Rec. 09-07

, Rec. 10-08

, Rec. 11-08

, and

Rec. 16-15

Corrective Actions: Regarding the NPFC IUU vessel list that includes a number of fishing

vessels with evidence of PRC registration, the PRC stated that any information regarding PRC

registry is false and that none of the vessels in question have any association with the PRC. In

addition, the PRC provided a comprehensive explanation of the challenges it had with managing

the issuance of Maritime Mobile Service Identity numbers after mandating AIS be on all of its

fishing vessels. The PRC explained that this issue is now resolved. NMFS will continue to

monitor this issue closely.

Regarding unresolved violations of shark-related and transshipment-related CMMs in WCPFC,

IATTC, and ICCAT convention areas, the PRC stated that it had investigated all allegations and

found no evidence of violations. The PRC described interviews of hundreds of crewmembers,

many of whom were at sea during the investigation, and were reportedly interviewed by the

vessel masters and not government law enforcement personnel. In addition, some dates of

inquiry predated the allegation dates, further raising questions about the credibility of the

investigations. As such, NMFS cannot determine whether the PRC took appropriate corrective

actions.

Certification Determination: NMFS negatively certified the PRC until such time that there is

sufficient evidence to support a positive certification. In order to receive a positive certification,

the PRC will need to provide additional evidence that a credible investigation took place into the

violations of shark-related and transshipment-related conservation measures in the WCPFC,

IATTC, and ICCAT convention areas.

WCPFC CMM 2010-07 is available at https://cmm.wcpfc.int/measure/cmm-2010-07.

WCPFC CMM 2011-04 is available at https://cmm.wcpfc.int/measure/cmm-2011-04.

WCPFC CMM 2013-08 is available at https://cmm.wcpfc.int/measure/cmm-2013-08.

WCPFC CMM 2009-06 is available at https://cmm.wcpfc.int/measure/cmm-2009-06.

IATTC C-11-10 is available at https://www.iattc.org/GetAttachment/71fc2096-c12b-4560-83a4-60fd07dcd07f/C-

11-10-Active_Conservation-of-Oceanic-whitetip-sharks.pdf.

IATTC C-05-03 is available at www.iattc.org/GetAttachment/92e97e61-eb12-40e1-aa62-291eb7f69b82/C-05-03-

Active_Sharks.pdf.

IATTC C-12-07 is available at https://www.iattc.org/GetAttachment/07dcb0ec-72a1-4e5c-acf0-

2e11393cb6c9/KOR-C-12-07_Transshipment-in-Port.pdf.

IATTC C-16-05 is available at https://www.iattc.org/GetAttachment/ab97fba4-bc24-4d67-9552-43294fc679f9/C-

16-05-Active_Management-of-sharks-species.pdf.

ICCAT Rec. 04-10 is available at www.iccat.int/Documents/Recs/compendiopdf-e/2004-10-e.pdf.

ICCAT Rec. 09-07 is available at https://www.iccat.int/documents/recs/compendiopdf-e/2009-07-e.pdf.

ICCAT Rec. 10-08 is available at https://www.iccat.int/Documents/Recs/compendiopdf-e/2010-08-e.pdf.

ICCAT Rec. 11-08 is available at https://www.iccat.int/documents/recs/compendiopdf-e/2011-08-e.pdf.

ICCAT Rec. 16-15 is available at https://www.iccat.int/Documents/Recs/compendiopdf-e/2016-15-e.pdf.

Russian Federation: Negative Certification

Basis for 2021 Identification: NMFS identified the Russian Federation in 2021 for having a

vessel engaged in fishing activities that violated CCAMLR conservation measures in 2020 and

for failing to take appropriate corrective actions. Additionally, the Russian Federation failed in

2019 and 2020 to adequately investigate allegations of a CCAMLR conservation measure

violation resulting from an incident in 2017. These issues all involve the F/V Palmer.

Corrective Actions: The Russian Federation did not provide any details of corrective actions

related to the F/V Palmer despite repeated requests from Members at subsequent meetings of the

CCAMLR Standing Committee on Implementation and Compliance in 2021 and 2022. To date,

the Russian Federation has yet to provide NMFS with any details of corrective actions.

Certification Determination: NMFS negatively certified the Russian Federation until such time

that there is sufficient evidence to support a positive certification. To receive a positive

certification, the Russian Federation will need to provide additional details of the investigations

into violations of CCAMLR conservation measures committed by the F/V Palmer (now named

Okean).

Senegal: Positive Certification

Basis for 2021 Identification: NMFS identified Senegal for having vessels that violated ICCAT

conservation measures and for failing to take appropriate corrective actions. Senegal asserted

that the F/V Mario No. 11, placed on the ICCAT IUU vessel list for unauthorized fishing in the

ICCAT Convention area in 2020, was de-flagged prior to its listing. However, Senegal failed to

produce evidence in support of this claim. Senegal also failed to fully investigate evidence of

unauthorized transshipment by the F/V Maximus in 2020. Further, crewmembers working

aboard the F/V Lisboa reported violations of shark-related conservation measures (Rec. 04-10

)

and transshipment controls (Rec. 16-15

Corrective Actions: Senegal provided the provisional registration of F/V Mario No. 11 showing

an expired date. Since the vessel never received permanent registration, the expired provisional

registration serves as evidence the vessel is no longer registered to Senegal. As such, ICCAT

removed Senegal as the current flag of the vessel that is on the ICCAT IUU vessel list. Senegal

corroborated suspicions that the F/V Maximus was engaged in unauthorized transshipments and

nominated the vessel for listing on the ICCAT IUU vessel list. Senegal investigated allegations

against the F/V Lisboa and closed the case without sanctioning the vessel after determining it

could not corroborate the allegation.

Certification Determination: On the basis of information provided, NMFS has determined that

Senegal has taken appropriate corrective action to address the activities for which it was

identified in the 2021 Report to Congress. Based on this finding, NMFS positively certified

Senegal.

ICCAT Rec. 04-10 is available at www.iccat.int/Documents/Recs/compendiopdf-e/2004-10-e.pdf

ICCAT Rec. 15-15 is available at www.iccat.int/Documents/Recs/compendiopdf-e/2016-15-e.pdf

Taiwan: Positive Certification

Basis for 2021 Identification: NMFS identified Taiwan for having vessels that violated

conservation and management measures in WCPFC, IATTC, and ICCAT convention areas in

2018, 2019, or 2020 and for failing to take appropriate corrective actions. NGOs interviewed

crewmembers working on board Taiwan flagged fishing vessels at the conclusion of their

contracts, and provided NMFS with allegations that many Taiwan fishing vessels violated shark-

and transshipment-related conservation and management measures of WCPFC, IATTC, or

ICCAT (WCPFC CMMs 2010-07, 2011-04, 2013-08; IATTC C-11-10 and C-05-03; and ICCAT

Rec. 04-10 and Rec. 16-15).

Corrective Actions: Taiwan provided NMFS with detailed case reports for all 11 vessels with

allegations against them, with the exception of one vessel that was lost at sea. Seven vessels

have cases that are still open; two cases have been dismissed without penalty (including the

vessel lost at sea); and two vessels have been penalized. Given the extensive investigation and

reporting provided to the United States, NMFS considers that Taiwan is doing its due diligence

to investigate the alleged violations, provide documentary evidence of its investigations, and

issue penalties where appropriate.

Certification Determination: On the basis of information provided, NMFS has determined that

Taiwan is taking appropriate corrective action to address the activities for which it was identified

in the 2021 Report to Congress. Based on this finding, NMFS positively certified Taiwan.

Protected Living Marine Resources Bycatch Certification Determinations

PLMR Bycatch Certification Determinations Related to Pelagic Longline Fishing

NMFS identified 28 nations and entities in 2021 for having engaged in pelagic longline (PLL)

fisheries between 2018 and 2020 in the ICCAT Convention Area, in waters beyond any national

jurisdiction, without mitigation measures to reduce bycatch of sea turtles comparable in

effectiveness to U.S. regulations.

While the ICCAT Convention Area includes both areas on

the high seas as well as areas within national waters, the Moratorium Protection Act at the time

of the 2021 biennial report limited PLMR bycatch identifications to areas beyond any national

jurisdiction.

Following identification, NMFS engaged these nations and entities in consultations consisting of

written communications, meetings, and technical exchanges (Appendix 3). Consultations inform

certification determinations. To receive a positive certification, a nation or entity must provide

documentary evidence of the adoption of a regulatory program comparable in effectiveness to

U.S. regulations taking into account different conditions. The United States has a robust

regulatory regime for its longline fishing fleet targeting ICCAT species, including gear and bait

restrictions.

As discussed above, nations receiving certifications in this report were identified in the 2021

report under the Moratorium Protection Act as it existed before the 2023 NDAA amendments.

The previous statutory language limited PLMR bycatch identifications to activities occurring in

areas beyond any national jurisdiction. During the consultation period, and while evaluating all

available information, NMFS determined that PLL fishing activities conducted by vessels of

certain nations (Egypt, Grenada, Mauritania, and South Africa) between 2018 and 2020 in the

ICCAT Convention Area had taken place exclusively within those nations’ EEZs and not in

waters beyond any national jurisdiction. Based on this information, NMFS issued positive

certifications to these nations, as described in the sections below.

In 2022, as a result of U.S. leadership and support from co-sponsors Brazil, Canada, Gabon,

Egypt, the European Union, and Türkiye, ICCAT adopted a binding bycatch mitigation measure

for sea turtles caught in association with ICCAT fisheries (Recommendation 22-12, hereafter

Rec. 22-12).

NMFS commends ICCAT on this substantial step forward for sea turtle

conservation. The adoption of Rec. 22-12 is the result of years of negotiations and NMFS

recognizes the important role all ICCAT Contracting Parties and Cooperating Non-Contracting

These identifications reflect the criteria set out at 16 U.S.C. § 1826(a)(1) at the time of publication of the 2021

Report to Congress, which had three criteria: (1) fishing vessels of that nation or entity are engaged, or have been

engaged during the preceding three years, in fishing activities or practices in waters beyond any national jurisdiction

that result in bycatch of a PLMR, or beyond the exclusive economic zone (EEZ) of the United States that result in

bycatch of a PLMR shared by the United States; (2) 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 or entity is not a party to, or does not maintain

cooperating status with, such organization; and (3) the nation or entity has not adopted a regulatory program

governing such fishing practices designed to end or reduce bycatch that is comparable to that of the United States,

taking into account different conditions. These criteria have since been amended by the 2023 NDAA.

Available at https://www.iccat.int/Documents/Recs/compendiopdf-e/2022-12-e.pdf. The term used for a binding

CMM at ICCAT is “Recommendation,” abbreviated as “Rec.”

Party, Entity or Fishing Entity (CPCs) had in securing the final measure, and in particular, those

CPCs that co-sponsored the proposal. In adopting Rec. 22-12, ICCAT joined IATTC and

WCPFC in implementing mandatory sea turtle bycatch mitigation measures, thereby ensuring

that sea turtles are afforded necessary protections across the Pacific and Atlantic Oceans.

ICCAT Rec. 22-12 entered into force in June 2023, requiring vessels fishing in the Atlantic to

implement the new bycatch mitigation measures. Vessels fishing in the Mediterranean Sea,

however, are not required by ICCAT to implement a bycatch mitigation measure under Rec. 22-

12 until 2026. A review of incidental catch of vulnerable species from the General Fisheries

Commission for the Mediterranean noted that bycatch in PLL fisheries targeting swordfish and

tunas is the main threat to sea turtles in the Mediterranean Sea. The same report estimated

between 5,344 and 11,152 loggerhead sea turtles killed per year in PLL fisheries throughout the

Mediterranean Sea, with the total number of individuals caught in these fisheries ranging from

26,000 to 50,000.

The bycatch mitigation measures, or actions, for PLL fisheries enumerated within Rec. 22-12 are

consistent with those in place in tuna RFMOs in the Pacific, which NMFS deemed effective at

reducing sea turtle bycatch in the 2021 Report to Congress. NMFS has determined that the

mitigation measures for PLL fisheries contained within ICCAT Rec. 22-12, once applied, can be

considered comparable in effectiveness to U.S. regulations, taking into account different

conditions. U.S. PLL vessels operating in the ICCAT Convention Area are required to use 18/0

circle hooks (in the Atlantic) or 16/0 circle hooks (in the Gulf of Mexico and Caribbean), as well

as finfish bait in order to mitigate sea turtle bycatch. ICCAT Rec. 22-12 – in most cases –

requires PLL fishing vessels to use circle hooks, finfish bait, or another mitigation measure

approved by ICCAT’s scientific committee. NMFS scientists and managers with expertise in

ICCAT PLL fisheries and relevant U.S. fisheries concluded that the measures in ICCAT Rec. 22-

12, once applied in a PLL fishery, could be considered comparable in effectiveness with U.S.

regulations, taking into account different conditions. Therefore, for purposes of the 2023 Report,

NMFS considers those nations and entities that provided documentary evidence of adoption of

the mitigation measures required by ICCAT Rec. 22-12 for PLL vessels fishing in waters beyond

any national jurisdiction, by the publication date of this report, as having met the criteria to

receive a positive certification.

Documentary evidence could include a law or binding action that clearly details the adoption of

the mitigation measures enumerated in ICCAT Rec. 22-12 for the nation’s or entity’s PLL

vessels fishing in waters beyond any national jurisdiction. For nations and entities fishing

exclusively in the Atlantic, this outcome could also be achieved with a law or binding action that

states that all RFMO CMMs are automatically binding on its fishing vessels fishing in waters

beyond any national jurisdiction. For nations with PLL fisheries operating in the Mediterranean,

however, a law requiring adoption of RFMO measures would not necessarily require vessels to

adopt mitigation measures by the publication date of this report because ICCAT Rec. 22-12 does

not require action for Mediterranean fisheries until 2026. Those nations would have to take

additional action to meet the requirements for positive certification.

Carpentieri, P., Nastasi, A., Sessa, M. & Srour, A., eds. 2021. Incidental catch of vulnerable species in

Mediterranean and Black Sea fisheries – A review. Studies and Reviews No. 101 (General Fisheries Commission for

the Mediterranean). Rome, FAO. https://doi.org/10.4060/cb5405en

NMFS also considered any other approaches to mitigate the bycatch of sea turtles in these PLL

fisheries (outside of ICCAT Rec. 22-12) that would be comparable in effectiveness to U.S.

regulations, taking into account different conditions. Nations needed to provide documentary

evidence of the adoption of a regulatory program that clearly enumerated the alternative

mitigation approach.

Positive Certifications: NMFS has the necessary documentary evidence to demonstrate

either that: (1) PLL fishing activities between 2018 and 2020 in the ICCAT Convention

Area had taken place exclusively within a nation’s EEZs and not in waters beyond any

national jurisdiction, or (2) that a regulatory program comparable in effectiveness to U.S.

regulations, or other relevant actions, was adopted and is in force by the following

nations and entities for their PLL vessels operating in the ICCAT Convention Area, in

waters beyond any national jurisdiction and issued a positive certification to each of the

following: Croatia, Egypt, the European Union (EU), Grenada, Guyana, Japan,

Mauritania, Morocco, the People’s Republic of China, Portugal, the Republic of

Korea, Saint Vincent and the Grenadines, South Africa, and Taiwan.

NMFS engaged in significant efforts to consult with identified nations and entities, and to

provide technical assistance, where requested. While a few did not take part in these exchanges,

most nations and entities participated and noted their commitment to sea turtle conservation in

ICCAT and beyond. In some cases, despite fruitful exchanges through consultations, nations

were unable to adopt a regulatory program comparable in effectiveness to that of the United

States by the publication of this report, due to limitations in their overarching fisheries legal

frameworks or ongoing processes to update these frameworks. Other nations are actively

working towards the adoption of these measures for PLL vessels fishing in waters beyond any

national jurisdiction but were unable to do so prior to the publication of this report. Finally,

some nations and entities are not preparing to adopt and put measures in force for Mediterranean

fleets until 2026, in accordance with ICCAT Rec. 22-12, which means such measures were not in

place by the publication of this report; and as noted previously, nations and entities must have a

regulatory program comparable in effectiveness to U.S. regulations in force by the publication of

this report to receive a positive certification.

Negative Certifications: The following nations were unable to produce documentary

evidence of the adoption of a regulatory program to reduce sea turtle bycatch in PLL

fishing in the ICCAT Convention area, in waters beyond any national jurisdiction,

comparable in effectiveness to U.S. regulations, and therefore NMFS issued them a

negative certification: Algeria, Barbados, Côte d’Ivoire, Cyprus, France, Greece,

Italy, Malta, Namibia, Senegal, Spain, Trinidad and Tobago, Tunisia, and Türkiye.

More details are provided below.

NMFS will continue to consult with negatively certified nations, including providing technical

assistance, as requested and available. NMFS will subsequently issue a positive certification to a

nation at any time that it has provided the necessary documentary evidence that it has adopted a

regulatory program to mitigate sea turtle bycatch that is comparable in effectiveness to U.S.

regulations, taking into account different conditions. During the period for which these negative

certifications apply, the United States will implement appropriate restrictions on U.S. port access

for vessels flagged to those nations receiving a negative certification determination and NMFS

may recommend appropriate trade restrictions to the President, pursuant to the requirements of

the Moratorium Protection Act and the High Seas Driftnet Fisheries Enforcement Act.

NMFS underscores that ICCAT Rec. 22-12 applies to fishing activity both within and beyond

waters of national jurisdiction, and that mitigating sea turtle bycatch, regardless of fishing

location, is a priority for the United States. In accordance with the parameters of the 2021

identifications, NMFS is issuing a positive certification for some nations that have taken

corrective action for their fleets operating in waters beyond national jurisdiction. NMFS notes

that some of these nations have PLL fishing activities in waters within their national jurisdictions

and have not adopted sea turtle bycatch mitigation measures for those fishing activities. The

2023 NDAA amended the Moratorium Protection Act so that a nation or entity can now be

identified for bycatch of a PLMR within its EEZ even in the case where the PLMR is not shared.

This means that in future identifications, a nation that previously only reported fishing activity

within its EEZ could now be identified for having a fishing vessel engaged in fishing activities or

practices within the EEZ of any nation that have resulted in bycatch of a PLMR without a

regulatory program comparable in effectiveness to U.S. regulations. NMFS will take this

information into consideration in the preparation of future potential identifications.

Algeria: Negative Certification

Although Algeria has taken steps to conserve sea turtles, including actions to address sea turtle

strandings and measures to reduce mortality of bycaught animals through safe handling and

release requirements, the nation has not adopted any measures to specifically reduce or mitigate

bycatch. Algeria asserts it will abide by the ICCAT requirements and will adopt the relevant

regulatory measures in accordance with Rec. 22-12 in a timely fashion.

Barbados: Negative Certification

Barbados indicated that it intends to update its existing Fisheries Regulations (1998) under its

Fisheries Act (1993) with a variety of changes, including gear restrictions intended to reduce sea

turtle bycatch in its PLL fishery. The updated regulations were not finalized by the publication

of this report, but are expected to be in place soon. Based on this information, NMFS issued

Barbados a negative certification. NMFS will reverse this determination at such time as

Barbados provides documentary evidence of finalized regulations.

Côte d’Ivoire: Negative Certification

Côte d’Ivoire has developed a draft regulatory program that will implement ICCAT Rec. 22-12

by requiring vessels to use large circle hooks, or other approved approaches to reduce bycatch of

sea turtles in its PLL fisheries. Côte d’Ivoire reports that the draft regulation is currently under

internal review and will be finalized in the near future.

Croatia: Positive Certification

The European Commission, supported by representatives from the identified EU Member States,

engaged throughout the consultation process and provided information about Croatia’s fisheries

and regulations. The Ministry of Agriculture, Directorate of Fisheries, of Croatia attested that it

does not permit any PLL vessels targeting ICCAT managed species to fish in areas beyond

national jurisdiction, and does not intend to authorize PLL vessels to fish in waters outside

Croatia’s national Jurisdiction until appropriate regulatory frameworks are in place to mitigate

the bycatch of sea turtles. Based on this information, NMFS issued Croatia a positive

certification.

Cyprus: Negative Certification

The European Commission, supported by representatives from the identified EU Member States,

engaged throughout the consultation process and provided information about Cyprus’ fisheries

and regulations. While the EU and Cyprus have each taken some actions to protect sea turtles in

the Mediterranean, Cyprus has not adopted regulatory measures to mitigate bycatch of sea turtles

in PLL fisheries in the Mediterranean. Cyprus and the European Commission, have attested that

the relevant ICCAT measures will be in force for relevant fleets by the 2026 deadline for vessels

fishing in the Mediterranean Sea, as set out in ICCAT Rec. 22-12.

Egypt: Positive Certification

NMFS identified Egypt in 2021 for having vessels engaged in a fishing activity – fishing with

PLL gear – known to result in bycatch of a PLMR in the ICCAT Convention Area, in waters

beyond national jurisdiction. During the consultation period, NMFS determined that Egypt’s

self-reported 2018-2020 PLL catches in the ICCAT Convention Area had taken place

exclusively within its EEZ and not in waters beyond national jurisdiction. Moreover, Egypt

noted during consultations that its vessels were only fishing within its EEZ. Therefore, NMFS

issued Egypt a positive certification.

As of January 2023, Egypt has taken actions to adopt ICCAT Rec. 22-12 for all its PLL

vessels. The Lakes and Fish Resources Protection and Development Agency published

Resolution No. 64, requiring PLL vessels to implement at least one of the following, (1) the use

of finfish as bait, or (2) the use of large circle hooks. NMFS commends Egypt for implementing

the sea turtle bycatch mitigation measures in Rec. 22-12 in advance of the 2026 entry into force

for vessels operating in the Mediterranean Sea.

European Union (EU): Positive Certification

NMFS identified the EU in 2021 for having not taken action to reduce sea turtle bycatch in PLL

fisheries across all of its Member States. Under Article 216 of the Treaty for the Functioning of

the European Union, any binding conservation and management measure adopted by RFMOs to

which the EU is a Party, becomes directly binding on the Union and its Member States. Based

on this information, NMFS issued the EU a positive certification.

NMFS also issued certification determinations for each of the individual Member States

identified in the 2021 Report to Congress. Under EU law, ICCAT Rec. 22-12 is binding for

Member States with vessels fishing in the Atlantic as of June 2023, and will be binding for

Member States with vessels fishing in the Mediterranean as of 2026. Additionally, Member

States fishing in the Mediterranean can adopt regulations to implement ICCAT Rec. 22-12 or

take other action to mitigate bycatch on their PLL vessels at any time under their domestic

regulatory programs. Therefore, NMFS issued positive certifications for all Member States

whose vessels are operating exclusively in the Atlantic. NMFS also issued a positive

certification for any Member State with vessels operating in the Mediterranean that has adopted a

regulatory program in force by the publication of this report to mitigate bycatch of sea turtles in

their PLL fisheries comparable in effectiveness to U.S. regulations. NMFS issued a negative

certification to those Member States fishing in the Mediterranean that are unable to provide

documentary evidence of a regulatory program at this time. Additional information can be found

in the sections for each of the Member States.

France: Negative Certification

The European Commission, supported by representatives from the identified EU Member States,

engaged throughout the consultation process and provided information about France’s fisheries

and regulations. France has PLL vessels fishing in both the Atlantic and the Mediterranean. In

the Mediterranean, while the EU and France have each taken some actions to protect sea turtles,

France has not adopted regulatory measures to mitigate bycatch of sea turtles in PLL fisheries in

the Mediterranean. France reports that in 2016 it published the “Guide to good practice to

reduce the mortality of sensitive species accidentally caught by French pelagic longliners in the

Mediterranean” and further notes that some of its fleet voluntarily uses circle hooks. France and

the European Commission have attested that the relevant ICCAT measures will be in force for

relevant fleets by the 2026 deadline for vessels fishing in the Mediterranean Sea, as set out in

ICCAT Rec. 22-12.

Greece: Negative Certification

The European Commission, supported by representatives from the identified EU Member States,

engaged throughout the consultation process and provided information about Greece’s fisheries

and regulations. While the EU and Greece have each taken some actions to protect sea turtles in

the Mediterranean, Greece has not adopted regulatory measures to mitigate bycatch of sea turtles

in PLL fisheries in the Mediterranean. Greece and the European Commission have attested that

the relevant ICCAT measures will be in force for relevant fleets by the 2026 deadline for vessels

fishing in the Mediterranean Sea, as set out in ICCAT Rec. 22-12.

Grenada: Positive Certification

NMFS identified Grenada in 2021 for having vessels engaged in a fishing activity – fishing with

PLL gear – known to result in bycatch of a PLMR in the ICCAT Convention Area, in waters

beyond national jurisdiction. During the consultation period, NMFS determined that Grenada’s

self-reported 2018-2020 PLL catches in the ICCAT Convention Area had taken place

exclusively within its EEZ and not in waters beyond national jurisdiction. Therefore, NMFS

issued Grenada a positive certification.

Grenada has not yet implemented the ICCAT measure or taken other binding action to mitigate

bycatch for its domestic PLL fleet. Though many of Grenada’s vessels in its PLL fishery

voluntarily employ practices that contribute to the mitigation of sea turtle bycatch, including the

widespread use of whole finfish bait, Grenada does not require its vessels to apply any sea turtle

mitigation measures at this time. Grenada is considering future regulatory updates to its existing

fisheries management framework. NMFS will continue to work with Grenada both bilaterally

and in ICCAT to promote full implementation of the ICCAT requirements under Rec. 22-12.

Guyana: Positive Certification

Guyana’s Chief Fisheries Officer attested that Guyana is not currently licensing or planning on

licensing any PLL vessels targeting ICCAT managed species until appropriate regulatory

frameworks are in place to mitigate the bycatch of sea turtles in any future fisheries. Based on

this information, NMFS issued Guyana a positive certification because the activity for which it

was identified has ceased.

Italy: Negative Certification

The European Commission, supported by representatives from the identified EU Member States,

engaged throughout the consultation process and provided information about Italy’s fisheries and

regulations. While the EU and Italy have each taken some actions to protect sea turtles in the

Mediterranean, Italy has not adopted regulatory measures to mitigate bycatch of sea turtles in

PLL fisheries in the Mediterranean. Italy reported that it supported pilot studies on circle hooks,

and noted that some of its vessels continue to voluntarily use the gear. Italy and the European

Commission have attested that the relevant ICCAT measures will be in force for relevant fleets

by the 2026 deadline for vessels fishing in the Mediterranean Sea, as set out in ICCAT Rec. 22-

12.

Japan: Positive Certification

Japan has updated its domestic regulatory programs to implement the bycatch mitigation

provisions of ICCAT Rec. 22-12. Specifically, Japan has revised Article 57 of its Ministerial

Ordinance on the Permission, Regulation, Etc. of Fisheries, as well as its Public Notice of the

Ministry of Agriculture, Forestry and Fisheries, No. 867. Based on this information, NMFS

issued Japan a positive certification.

Malta: Negative Certification

The European Commission, supported by representatives from the identified EU Member States,

engaged throughout the consultation process and provided information about Malta’s fisheries

and regulations. While the EU and Malta have each taken some actions to protect sea turtles in

the Mediterranean, Malta has not adopted regulatory measures to mitigate bycatch of sea turtles

in PLL fisheries in the Mediterranean. Malta and the European Commission have attested that

the relevant ICCAT measures will be in force for relevant fleets by the 2026 deadline for vessels

fishing in the Mediterranean Sea, as set out in ICCAT Rec. 22-12.

Mauritania: Positive Certification

NMFS identified Mauritania in 2021 for having vessels engaged in a fishing activity – fishing

with PLL gear – known to result in bycatch of a PLMR in the ICCAT Convention Area, in

waters beyond national jurisdiction. During the consultation period, NMFS determined that

Mauritania’s self-reported 2018-2020 PLL catches in the ICCAT Convention Area had taken

place exclusively within its EEZ and not in waters beyond national jurisdiction. Moreover, the

Secretary General of Mauritania’s Ministry of Fishing and Maritime Economy attested that

Mauritania currently has no flagged PLL vessels targeting ICCAT managed stocks. Therefore,

NMFS issued Mauritania a positive certification.

Morocco: Positive Certification

Morocco has adopted measures implementing ICCAT Rec. 22-12 for its Atlantic-based

refrigerated PLL fleet, the only portion of its fleet that operates outside its national waters. In a

Ministerial Decision on conservation measures on sea turtles captured in association with ICCAT

fisheries dated May 29, 2023, Morocco requires all refrigerated PLL vessels operating in areas

beyond its national jurisdiction to use finfish bait. Based on this information, NMFS issued

Morocco a positive certification.

Morocco additionally has PLL vessels fishing in its domestic waters in the Atlantic and the

Mediterranean, and is not implementing ICCAT Rec. 22-12 for these vessels. Morocco reports it

is in the process of updating a number of regulations that will have implications for its PLL

vessels fishing in the Mediterranean. To support these efforts, Morocco was a participant in the

Med Bycatch Project, a collaboration across Mediterranean coastal States, NGOs, and IGOs, to

test various mitigation tools to address bycatch. NMFS will continue to work with Morocco,

both bilaterally and in ICCAT, to promote full implementation of the ICCAT requirements.

Namibia: Negative Certification

Namibia has not provided documentary evidence of the adoption of a regulatory program to

reduce bycatch of sea turtles in its PLL fisheries. Namibia has reported on action taken by its

industry to conserve sea turtles, such as widespread use of finfish bait by the PLL fleet, and a

willingness to use circle hooks. However, Namibia has not provided information or materials

that demonstrate these measures are required under regulations or any other legally binding

mechanism.

People’s Republic of China (PRC): Positive Certification

The PRC’s domestic regulations require PRC-flagged vessels to implement measures adopted by

tuna RFMOs, such as ICCAT Rec. 22-12. Moreover, the PRC updated its general tuna fisheries

regulations (Nongbanyu [2022] No. 1) to reflect new ICCAT requirements. Based on this

information, NMFS issued the PRC a positive certification.

Portugal: Positive Certification

As discussed above, Article 216 of the Treaty for the Functioning of the European Union

requires any binding conservation and management measure adopted by RFMOs to which the

EU is a party to directly bind the Union and its Member States. Therefore, Portugal’s PLL fleet,

which operates exclusively in the Atlantic Ocean, is required to implement ICCAT Rec. 22-12,

including its bycatch mitigation components by June 2023. Based on this information, NMFS

issued Portugal a positive certification.

Republic of Korea (ROK): Positive Certification

ROK’s domestic regulations require all ROK-flagged vessels to implement measures adopted by

tuna RFMOs, such as ICCAT Rec. 22-12. Additionally, ROK has updated its PLL permit

conditions requiring vessels to implement gear and bait measures including the use of circle

hooks. Based on this information, NMFS issued ROK a positive certification.

Saint Vincent and the Grenadines: Positive Certification

NMFS identified Saint Vincent and the Grenadines in 2021 for having vessels engaged in a

fishing activity – fishing with PLL gear – known to have bycatch of a PLMR in the ICCAT

Convention Area, in waters beyond national jurisdiction. During the consultation period,

officials attested, and ICCAT data confirmed, that Saint Vincent and the Grenadines is no longer

authorizing any vessels to fish on the high seas. Furthermore, Chapter 61 of Saint Vincent and

the Grenadines’ High Sea Fishing Act and its associated High Seas Fishing License Conditions

require its vessels fishing on the high seas to abide by relevant international conservation and

management measures, such as ICCAT Rec. 22-12. Based on this information, NMFS issued

Saint Vincent and the Grenadines a positive certification.

Saint Vincent and the Grenadines continues to authorize small-scale PLL vessels to fish within

waters of its national jurisdiction and is not currently implementing ICCAT Rec. 22-12 for those

vessels. Officials noted progress to update its fisheries management law and provided a timeline

and information describing the progress in revising the current law. After passing the new

legislation, the government has indicated it will develop associated regulations, including those

for sea turtle bycatch mitigation. Saint Vincent and the Grenadines’ new fisheries laws were not

completed by the publication of this report, but are expected to be in place soon. NMFS will

continue to work with Saint Vincent and the Grenadines both bilaterally and in ICCAT to

promote full implementation of the ICCAT requirements.

Senegal: Negative Certification

Senegal has stated its intention to adopt the requirements of ICCAT Rec. 22-12 into law for its

artisanal longline fleet; however, it has not yet identified a specific implementing law and NMFS

has not received any relevant documentary evidence of a regulatory program comparable in

effectiveness to U.S. regulations.

South Africa: Positive Certification

NMFS identified South Africa in 2021 for having vessels engaged in a fishing activity – fishing

with PLL gear – known to result in bycatch of a PLMR in the ICCAT Convention Area, in

waters beyond national jurisdiction. During the consultation period, NMFS determined that

South Africa’s self-reported 2018-2020 PLL catches in the ICCAT Convention Area had taken

place exclusively within its EEZ and not in waters beyond national jurisdiction. Therefore,

NMFS issued South Africa a positive certification.

NMFS highlights that South Africa published the “Permit Conditions: Large Pelagic Longline

Fishery” for the fishing season 2023-2024 on February 22, 2023. The permit conditions require

vessels that fish in a shallow-set manner “in the ICCAT region” to use only large circle hooks or

use finfish bait, following the requirements of ICCAT Rec. 22-12.

Spain: Negative Certification

The European Commission, supported by representatives from the identified EU Member States,

engaged throughout the consultation process and provided information about Spain’s fisheries

and regulations. Spain has PLL vessels operating in both the Atlantic and the Mediterranean.

In the Mediterranean, while the EU and Spain have each taken some actions to protect sea turtles

in the Mediterranean, Spain has not adopted regulatory measures to mitigate bycatch of sea

turtles in PLL fisheries in the Mediterranean. Spain released a National Action Plan on bycatch

in 2022, and is planning a workshop to address bycatch in its PLL and purse seine tuna fisheries

in the Atlantic and Indian oceans, as well as the Mediterranean Sea. Spain and the European

Commission have attested that the relevant ICCAT measures will be in force for relevant fleets

by the 2026 deadline for vessels fishing in the Mediterranean Sea, as set out in ICCAT Rec. 22-

12.

Taiwan: Positive Certification

Taiwan’s Act for Distant Water Fisheries requires all fishing vessels of distant water fisheries to

comply with measures adopted by RFMOs. Moreover, in June 2022, Taiwan amended its

Atlantic Regulations, requiring that any longline vessel fishing in a shallow-set manner shall use

large circle hooks or non-cephalopods species bait. Based on this information, NMFS issued

Taiwan a positive certification.

Trinidad and Tobago: Negative Certification

Trinidad and Tobago is in the process of developing an updated fisheries management law to

replace its current legislation, but was not able to provide documentary evidence of a regulatory

program comparable in effectiveness to U.S. regulations before the publication of this report.

Tunisia: Negative Certification

Tunisia is amending its overarching fishing regulations. New regulations may include provisions

intended to reduce sea turtle bycatch. Tunisia was not able to provide information about the

timing of the finalization of these regulations prior to the publication of this report.

Türkiye: Negative Certification

Türkiye has not yet implemented the sea turtle bycatch mitigation requirements in ICCAT Rec.

22-12 for its PLL vessels operating in the Mediterranean, but reported that it plans to do so in

September 2024.

Negative Certification Determination for Mexico

Basis for 2021 Identification: NMFS identified Mexico in 2021 for lack of a regulatory program

comparable in effectiveness to that of the United States to reduce or minimize bycatch of North

Pacific loggerhead sea turtles, an endangered species and a PLMR shared with the United States,

in the gillnet fishery in the Gulf of Ulloa. NMFS identified Mexico for bycatch in this same

fishery in 2013, and negatively certified Mexico for not having adopted relevant regulatory

measures in 2015. Subsequently, Mexico reported that it put in place regulations to reduce

loggerhead bycatch in the fishery, including fishing gear restrictions, onboard video monitoring,

a sea turtle mortality limit, and the establishment of a refuge area. Mexico further guaranteed

that the measures would remain in place to ensure loggerhead conservation and long-term fishery

sustainability and resilience. In 2016, NMFS issued Mexico a positive certification based on the

publication of the revised regulations and high level assurances that the measures would be fully

implemented and enforced. In 2018, Mexico extended the timeframe for the regulations to 2023.

In spite of these measures, Mexican Wildlife Law Enforcement reported significant strandings of

deceased loggerhead sea turtles on the shores of the Gulf of Ulloa from 2018-2020. NMFS,

alarmed by the magnitude of these mortalities involving a shared stock of an endangered sea

turtle and concerned that the measures in place were not being fully or effectively implemented,

identified Mexico again in 2021.

Corrective Action: During consultations and in written communication, Mexico claimed that the

regulatory measures for which it was issued a positive certification are still in place. These

measures, first adopted in 2016 and then renewed in 2018, include the establishment of a

fisheries reserve, gear restrictions, bycatch mortality cap, and observer and electronic monitoring

requirements. However, Mexico failed to provide any documentary evidence to support the

assertion that these regulatory programs were being fully implemented after 2018. On June 23,

2023, Mexico issued regulations renewing the fishing refuge zone and its associated measures.

The revised regulations no longer require on board video monitoring or observers, and therefore,

there are no provisions to measure bycatch in the fishery, a key element of any bycatch

regulatory program. Moreover, the 2016 and 2018 regulations required the fishery to be closed

when 90 sea turtle mortalities were observed during fishery operations. The 2023 regulations

defer the development of a revised bycatch mortality limit until an uncertain time in the future,

following an interagency and stakeholder engagement process. These changes weaken the

effectiveness of the regulation to reduce bycatch of sea turtles in the Gulf of Ulloa fisheries.

Negative Certification Determination: Based on the revised regulations for the fishery, in

addition to information provided by Mexico through the consultation process, NMFS has

determined that the current regulatory program is not comparable in effectiveness to relevant

regulatory programs of the United States. Further, NMFS has concerns that the regulatory

program is not being adequately implemented. Therefore, NMFS issued Mexico a negative

certification until such time there is sufficient evidence of a regulatory program in force to

reduce sea turtle bycatch that is comparable in effectiveness to the United States.

NMFS will continue to work with Mexico through Moratorium Protection Act processes and

beyond to address these bycatch concerns. During the period for which the negative certification

applies, the United States will implement appropriate restrictions on U.S. port access for

Mexican-flagged vessels and NMFS may recommend appropriate trade restrictions to the

President, pursuant to the requirements of the Moratorium Protection Act and the High Seas

Driftnet Fisheries Enforcement Act.

V. Identifications

Throughout the two years preceding the publication of the Report to Congress pursuant to the

Moratorium Protection Act, NMFS gathers information from numerous sources relevant to

determining whether a nation or entity or its vessels have been engaged in activities that could

lead to identification. One data source NMFS uses is public input in response to a Federal

When necessary and practicable to gather the appropriate information, NMFS contacts nations or

entities with activities that may qualify for identification, seeking additional information. This

process is detailed in regulations implementing the Moratorium Protection Act (50 CFR Part

300, Subpart N), and augmented as described below following amendments to the Moratorium

Protection Act.

87 FR 22194, Pp 22194-22195, April 14, 2022. Accessible at: https://www.govinfo.gov/content/pkg/FR-2022-

04-14/pdf/2022-07944.pdf.

Illegal, Unreported, and Unregulated Fishing Identifications

The Moratorium Protection Act, at 16 U.S.C. § 1826j(a), requires the Secretary of Commerce to

identify a nation or entity if it is engaging in or endorsing, or if any of its fishing vessels are

engaged, or have been engaged during the preceding three years, in IUU fishing. It further

requires, at 16 U.S.C. § 1826j(e)(3), the Secretary to publish a regulatory definition of “illegal,

unreported, or unregulated fishing” that includes, at a minimum, certain elements. NMFS

regulations, at 50 CFR § 300.201, define IUU fishing as:

(1) In the case of parties to an international fishery management agreement to which the United

States is a party, fishing activities that violate conservation and management measures required

under an international fishery management agreement to which the United States is a party,

including but not limited to catch limits or quotas, capacity restrictions, bycatch reduction

requirements, shark conservation measures, and data reporting;

(2) In the case of non-parties to an international fishery management agreement to which the

United States is a party, fishing activities that would undermine the conservation of the resources

managed under that agreement;

(3) Overfishing of fish stocks shared by the United States, for which there are no applicable

international conservation or management measures, or in areas with no applicable international

fishery management organization or agreement, that has adverse impacts on such stocks; or,

(4) Fishing activity that has a significant adverse impact on seamounts, hydrothermal vents, cold

water corals and other vulnerable marine ecosystems located beyond any national jurisdiction,

for which there are no applicable conservation or management measures or in areas with no

applicable international fishery management organization or agreement.

(5) Fishing activities by foreign flagged vessels in U.S. waters without authorization of the

United States.

For this report, NMFS gathered information on incidents where CMMs adopted by RFMOs may

have been violated in 2020, 2021, or 2022. NMFS began with a review of available RFMO

materials, including annual reports, compliance committee meeting summaries, and IUU vessel

lists. NMFS also reviewed reports from the USCG, foreign governments, the media, and NGOs.

Finally, it considered information submitted in response to the April 14, 2022 Federal Register

notice. If the RFMO compliance process failed to address violations of RFMO measures or

other forms of IUU fishing, NMFS considered this to be a basis for identification.

The 2023 NDAA amended the Moratorium Protection Act such that NMFS now considers

seafood goods produced with forced labor and oppressive child labor with the intention to be

exported to the United States, as well as other specific considerations in preparing its IUU

fishing identifications. The List of Goods Produced by Child Labor or Forced Labor (List of

Goods), developed and maintained by the Department of Labor’s (DOL) Bureau of International

Labor Affairs (ILAB), enumerates those goods that it has reason to believe are produced by child

labor or forced labor in a particular source or area in violation of international standards, as

required under the Trafficking Victims Protection Reauthorization Act (TVPRA) of 2005 and

subsequent reauthorizations. The List of Goods also includes the source nation or area for listed

goods, as well as identifying nations or areas that produce goods with an input that has been

identified as having forced labor or child labor. To make determinations about the List of

Goods, DOL relies on a wide variety of publicly available primary and secondary sources that

are published in an accompanying bibliography. The TVPRA requires ILAB to publicly update

the List of Goods biennially; ILAB published its most recent list in 2022.

As of September 28, 2022, the List of Goods comprises 159 goods from 78 nations and areas.

Of those, 20 nations and entities are listed for goods associated with seafood products or

fisheries. NMFS, working in cooperation with ILAB, analyzed the available data on these

product categories from those 20 nations and entities to determine the nature of the goods (e.g., a

seafood product), and if the goods were produced with the intention to be exported to the United

States. If neither NMFS nor ILAB had access to information or sources that could confirm if a

seafood product was specifically intended for export to the United States at the time of harvest or

production, then NMFS used evidence that the product was exported to the United States as a

proxy for intention.

NMFS worked with ILAB to review and analyze available data on forced labor and child labor

concerns within the limited time available following the adoption of the NDAA amendments late

in the two-year report preparation cycle. NMFS will continue to work with ILAB on including

risks of forced labor and oppressive child labor in its identification process, including corrective

actions that nations would need to take to address these issues. In coordination with ILAB, and

as further described below, NMFS has determined that, at this time, there is sufficient labor-

related information to include the issue in two IUU fishing identifications. NMFS will continue

to coordinate with ILAB to consider additional nations and entities for potential listing of labor-

related issues in IUU fishing identifications, and on the resulting consultative and certification

process.

NMFS is identifying six nations and one entity for activities related to IUU fishing.

Angola

NMFS identified Angola for failure to meet basic ICCAT reporting obligations and evidence of

unreported catches of Atlantic billfish (blue marlin, white marlin, or sailfish). Angola did not

submit annual reports, compliance tables, shark checksheets, or billfish checksheets to ICCAT in

2020, 2021 or 2022. No Task I data – which includes data on catch and effort – were reported by

Angola in 2021 or 2022. As a result of this missing Task I data, Angola was subject to a

complete prohibition on retention of ICCAT species pursuant to Rec. 11-15.

Angola reported

its missing Task 1 data on March 7, 2023, and the prohibition was lifted at that time. However,

Angola’s reported Task I data did not include any reporting of Atlantic billfish catches.

Evidence of substantial billfish landings was cited in a May 18, 2021 letter from the International

Game Fish Association (IGFA) to the Fisheries Minister of Angola. The compliance committee

asked Angola for an explanation in 2022, but Angola has not provided a response to date. These

ICCAT Rec. 11-15 is available at www.iccat.int/Documents/Recs/compendiopdf-e/2011-15-e.pdf.

issues indicate a systemic failure to control its fisheries through domestic regulations that

implement relevant ICCAT CMMs.

The ICCAT compliance committee has noted these reporting deficiencies for the past several

years. While Angola has since reported some catch data to ICCAT, other reports are still

outstanding and its fisheries have landed marlins without reporting.

Next Steps: Identification initiates a consultation period between the United States and Angola.

Following identification in this report, Angola’s 2025 certification determination will be based

on evidence that Angola has provided the required reports to ICCAT, reported Atlantic billfish

landings and addressed any overharvests, and taken steps to control its fisheries through

domestic regulations to implement relevant ICCAT CMMs.

Grenada

NMFS identified Grenada for failure to meet basic ICCAT reporting obligations and for

overharvesting of Atlantic blue marlin, Atlantic white marlin, and North Atlantic swordfish.

Grenada did not submit its annual reports and compliance tables or its shark and billfish

compliance checksheets to ICCAT in 2020, 2021, or 2022. Grenada did not report any Task 1

data in 2022 – which includes data on catch and effort – prior to the deadline. ICCAT noted the

absence of these data at its November 2022 annual meeting. As a result of its missing Task 1

data, Grenada was subject to a complete prohibition on retention of ICCAT species pursuant to

Rec. 11-15, as of January 1, 2023. When Grenada reported its missing Task 1 data on February

10, 2023, ICCAT lifted the prohibition. However, Grenada’s reported Task 1 data show blue

marlin and white marlin landings in excess of allowable limits in 2020 and 2021, as well as

North Atlantic swordfish landings in 2020 without a quota. In addition, some of these landings

occurred while Grenada was prohibited from retaining all ICCAT species (January 1, 2020 to

January 21, 2021), pursuant to Rec. 11-15, following non-reporting of 2018 and 2019 Task 1

data. Grenada has also not provided any information to ICCAT about its implementation of the

relevant CMMs.

The ICCAT compliance committee has noted these reporting deficiencies for the past several

years, which led to Grenada receiving an identification letter from the Chair of ICCAT

compliance committee in 2022 under ICCAT’s Recommendation Concerning Trade Measures

(Rec. 06-13). While Grenada has since reported its catch data to ICCAT, all other reports are

still outstanding and its fisheries have landed marlins and swordfish in excess of ICCAT quotas.

Next Steps: Identification initiates a consultation period between the United States and Grenada.

Following identification in this report, Grenada’s 2025 certification determination will be based

on evidence that Grenada has provided the required reports to ICCAT, addressed its overharvests

of Atlantic marlins and North Atlantic swordfish, and taken steps to control its fisheries through

domestic regulations to implement relevant ICCAT CMMs.

Mexico

NMFS identified Mexico for not taking effective flag State action to address its vessels illegally

fishing in U.S. waters in the Gulf of Mexico. This same issue led NMFS to identify Mexico in

the 2015, 2017, 2019, and 2021 Reports to Congress, and to negatively certify Mexico in 2021.

Mexico’s 2021 negative certification remains in place and, as described in the certification

section of this report, will not be lifted until Mexico takes appropriate corrective action.

Furthermore, as noted above, NMFS again negatively certified Mexico in this Report.

The USCG interdicted a total of 321 lanchas for suspicion of illegal fishing in 2020, 2021, and

2022. Based on the facts of each interdiction, the USCG prepared 287 case packages with

evidence of illegal fishing. These case packages were delivered to the Government of Mexico

for prosecution. In addition, many individual crewmembers have been interdicted repeatedly.

By any analysis, the issue of lancha incursions into U.S. waters is substantial, ongoing, and yet

to be effectively addressed.

Next Steps: The United States will continue its ongoing consultations with Mexico. Following

identification in this report, Mexico’s 2025 certification determination will be based on the

Government of Mexico taking action to effectively address lancha incursions into U.S. waters,

and to reduce the number of repeat offenders. In particular, NMFS will continue to monitor

Mexico’s progress in the following areas and the effectiveness of those efforts:

● Mexico’s cooperation in facilitating the safe and expedient transfer of Mexican nationals

apprehended by the USCG for fishing illegally in U.S. waters to the appropriate Mexican

authorities, including at-sea transfers where appropriate.

● Increases in Mexican law enforcement presence in the shoreside areas used by lancha

camps from which illegal fishing activity originates.

● Mexico’s efforts to improve monitoring and control of its entire small-scale fleet,

including through enforcement of its domestic vessel registry laws.

● Improvement in information sharing to support USCG interdiction of lanchas operating

in the U.S. EEZ (for example, notification of northbound lanchas and vessel positional

data, such as from AIS or VMS sources).

● Increases in patrols by Mexican law enforcement authorities along the maritime boundary

in the Gulf of Mexico to deter northbound lanchas.

● Mexico’s participation in regular planning meetings with the USCG and NOAA to

coordinate operational actions and information sharing to deter and detect northbound

lanchas.

● Mexico’s efforts to ensure the snapper it exports was legally harvested by the authorized

fleet of small-scale fishermen, as well as to support NMFS’ efforts to identify and

prevent the importation of illegally harvested fish.

● Mexico’s continued efforts to prosecute and fine the Mexican nationals found guilty of

fishing in U.S. waters, as well as efforts to improve the efficacy of such enforcement

actions in preventing recidivism.

The People’s Republic of China (PRC)

NMFS identified the PRC for having vessels that violated WCPFC, IATTC, and ICCAT CMMs

in 2020, 2021, or 2022, and for failing to take appropriate corrective actions. NGOs interviewed

crewmembers working aboard PRC-flagged fishing vessels at the conclusion of their contracts.

These interviews, which were provided to NMFS, included credible allegations that many PRC

These interviews were conducted as part of an investigation by NGOs into labor abuses aboard fishing vessels.

fishing vessels violated shark or sea turtle related CMMs during those years. The allegations are

outlined below.

WCPFC: Crewmembers from three PRC-flagged fishing vessels included in the WCPFC list of

authorized fishing vessels and operating in the WCPFC Convention area in 2020 and 2021

witnessed violations of CMMs related to sharks or turtles (WCPFC CMM 2019-04,

full

utilization of shark and prohibiting of finning; CMM 2018-04,

conservation and management

of sea turtles).

IATTC: Crewmembers from one PRC-flagged fishing vessel included in the IATTC list of

authorized fishing vessels and operating in the IATTC Convention Area in 2020 and 2021

witnessed violations of CMMs related to sharks and turtles (IATTC CMM C-05-03,

full shark

utilization, 5% fin to carcass ratio; CMM C-19-04,

resolution to mitigate impacts on sea

turtles).

ICCAT: Crewmembers from one PRC-flagged fishing vessel included in the ICCAT list of

authorized fishing vessels and operating in the ICCAT Convention Area in 2021 and 2022

witnessed violations of CMMs related to the conservation of sharks (ICCAT Rec. 04-10,

conservation of sharks).

While these activities were not evaluated through the WCPFC, IATTC, or ICCAT compliance

evaluation processes they constitute violations of RFMO CMMs, and thus NMFS identified the

PRC for having vessels that engaged in IUU fishing.

Consideration of Forced Labor: The Department of Labor’s List of Goods lists fish from the

PRC as caught with forced labor. The PRC’s distant water fishing fleet, which operates in every

region of the world, is characterized by numerous reported incidents of forced labor. The

majority of the crew on board the vessels in this fleet are migrant workers from Indonesia and

the Philippines, who are particularly vulnerable to forced labor. These workers are sometimes

recruited by agencies that deceive workers with false information regarding their wages and the

terms of contracts, and require workers to pay recruitment fees and sign debt contracts. While on

board the vessels, workers’ identity documents are often confiscated, the crew spends months at

sea without stopping at a port of call, and they are forced to work 18 to 22 hours a day with little

rest. Workers face hunger and dehydration, live in degrading and unhygienic conditions, are

subjected to physical violence and verbal abuse, are prevented from leaving the vessel or ending

their contracts, and are frequently not paid their promised wages. The species and fisheries

where forced labor is documented in the PRC’s distant water fleet is broad, due to the sheer scale

WCPFC CMM 2019-04 which has now been superseded by CMM 2202-04, but was in effect at the time of

violation is available at https://cmm.wcpfc.int/measure/cmm-2019-04

WCPFC CMM 2018-04 is available at https://cmm.wcpfc.int/measure/cmm-2018-04.

IATTC C-05-03 is available at https://www.iattc.org/GetAttachment/92e97e61-eb12-40e1-aa62-291eb7f69b82/C-

05-03-Active_Sharks.pdf.

IATTC C-19-04 is available at https://www.iattc.org/GetAttachment/7ef88817-47f2-4c98-8e29-883729e60a95/C-

19-04-Active_Sea-turtles.pdf.

ICCAT Rec. 04-10 is available at https://www.iccat.int/Documents/Recs/compendiopdf-e/2004-10-e.pdf.

and number of geographies, and includes tuna and squid fisheries, both of which are imported to

the United States.

Next Steps: Identification initiates a consultation period between the United States and the PRC.

Following identification in the report, the PRC’s 2025 certification determination will be based

on evidence that the PRC has taken steps to investigate alleged violations of WCPFC, IATTC,

and ICCAT CMMs, and evidence that corrective actions were taken to address any substantiated

violations. Regarding the forced labor issues, NMFS will include consideration of action taken

by the PRC to reduce the current incidences of forced labor across its distant water fishing fleet,

as well the risk of future incidences. These actions could include strengthening regulations on

labor protections in that fleet, as well as improving the investigation and prosecution of reports

of forced labor onboard distant-water vessels.

Taiwan

NMFS identified Taiwan for having vessels that violated a CMM in the WCPFC Convention

Area in 2020 and 2021, and for failing to take appropriate corrective actions. NGOs interviewed

crewmembers working aboard Taiwan-flagged fishing vessels at the conclusion of their

contracts.

These interviews, which were provided to NMFS, included allegations that nine

Taiwan-flagged fishing vessels included in the WCPFC list of authorized fishing vessels and

operating in the WCPFC Convention Area in 2020 and 2021 failed to adhere to WCPFC CMM

2019-04 on the full utilization of sharks and prohibition of finning.

While these activities were not addressed through the WCPFC compliance process they

constitute violations of a WCPFC CMM, and thus NMFS identified Taiwan for having vessels

that engaged in IUU fishing.

Consideration of Forced Labor: The Department of Labor’s List of Goods includes fish from

Taiwan as caught with forced labor. There are numerous reported incidents of forced labor in

Taiwan’s distant water fishing fleet. The majority of the crew on board are migrant workers

from Indonesia and the Philippines, who are particularly vulnerable to forced labor. These

workers are sometimes recruited by agencies that deceive workers with false information

regarding their wages and the terms of contracts, and require workers to pay recruitment fees and

sign debt contracts. While on board the vessels, workers’ identity documents are often

confiscated, the crew sometimes spends months at sea without stopping at a port of call, and they

are forced to work 18 to 22 hours a day with little rest. Workers face hunger and dehydration,

live in degrading and unhygienic conditions, are subjected to physical violence and verbal abuse,

are prevented from leaving the vessel or ending their contracts, and are frequently not paid their

promised wages. The species and fisheries where forced labor is documented in distant water

fishing by the Taiwan fleet are broad, due to the scale and number of geographies where distant

water fishing is conducted. Based on available information, some of these vessels are targeting

tuna, which the United States imports from Taiwan.

Next Steps: Identification initiates a consultation period between the United States and Taiwan.

Following identification in this report, Taiwan’s 2025 certification determination will be based

on evidence that Taiwan has taken steps to investigate these violations of WCPFC CMMs, and

These interviews were conducted as part of an investigation by NGOs into labor abuses aboard fishing vessels.

evidence that corrective actions were taken to address any substantiated violations. Regarding

forced labor considerations, NMFS recognizes that Taiwan has already taken several actions to

improve its regulatory framework, as well as enforcement and prosecution relating to distant

water vessels with known incidents of forced labor. NMFS will consider Taiwan’s actions to

reduce incidents of forced labor across its distant water fishing fleet, including strengthening

current measures and the protection they afford to migrant crew.

The Gambia

NMFS identified The Gambia for violating ICCAT CMMs and for failing to take appropriate

corrective actions. Two vessels flagged to The Gambia were placed on the ICCAT IUU vessel

list in 2022 and NMFS is unaware of any actions taken by The Gambia to address these vessels

per ICCAT Rec. 18-08

(and amended per Rec. 21-13

) on establishing a list of vessels

presumed to have carried out IUU fishing activities. In flagging these vessels, The Gambia

violated ICCAT Rec. 21-13 paragraph 9. The Gambia has also failed to meet basic ICCAT

reporting requirements.

IUU Fishing by the F/V Kiki: ICCAT included this vessel in the ICCAT IUU vessel list on

September 5, 2022, for engaging in fishing or fishing related activities contrary to any other

ICCAT CMMs. This vessel’s IMO number is 7929176, was previously named F/V Lisboa, and

previously flagged to Senegal.

IUU Fishing by the F/V Lucas: ICCAT included this vessel in the ICCAT IUU vessel list on

May 28, 2022, for engaging in transshipment with vessels included in the ICCAT IUU vessel

list. This vessel’s IMO number is 9038402, was previously named F/V Maximus, and previously

flagged to Senegal.

NMFS notes with concern that the F/V Kiki and F/V Lucas are vessels that helped form the basis

of Senegal’s IUU fishing identification in the 2021 report when those vessels were flagged to

Senegal. As noted in the 2021 report, NMFS remains concerned when nations use flag State

deregistration as a primary sanctioning tool instead of employing proper flag State control

measures. As demonstrated here, this allows vessel owners like those who own the IUU vessel

listed fishing vessels F/V Kiki and F/V Lucas to continue to operate them.

NMFS also identified The Gambia for failure to meet basic ICCAT reporting obligations. The

Gambia did not submit an annual report, shark compliance checksheet or billfish compliance

checksheet in 2020, 2021 or 2022, and did not submit compliance tables in 2020 or 2022. In

2021, The Gambia reported incomplete Task I data and did not submit fleet characteristics

information. In 2022, The Gambia reported no statistical data. As a result of this missing Task 1

data, The Gambia remains subject to a complete prohibition on retention of ICCAT species

pursuant to Rec. 11-15

until it reports its Task I data, which includes catch and effort data.

ICCAT Rec. 18-08 is available at https://www.iccat.int/Documents/Recs/compendiopdf-e/2018-08-e.pdf.

ICCAT Rec. 21-13 is available at https://www.iccat.int/Documents/Recs/compendiopdf-e/2021-13-e.pdf.

ICCAT Rec. 11-15 is available at https://www.iccat.int/Documents/Recs/compendiopdf-e/2011-15-e.pdf.

Next Steps: Identification initiates a consultation period between the United States and The

Gambia. Following identification in this report for IUU fishing, including the vessel activities

noted above, The Gambia’s 2025 certification determination will be based on evidence that The

Gambia can satisfy the conditions set out in ICCAT Rec. 21-13 paragraph 9. NMFS will also

evaluate evidence that The Gambia has provided the required reports to ICCAT and taken steps

to control its fisheries through domestic regulations to implement relevant ICCAT CMMs.

Vanuatu

NMFS identified Vanuatu for having vessels that violated CCAMLR conservation measures, for

failure to meet IATTC reporting obligations, and for failing to take appropriate corrective

actions. The violations are described below, organized by RFMO.

CCAMLR: Vanuatu has 31 unaddressed CCAMLR compliance issues from the 2021 and 2022

compliance review process, all relating to conservation measure 10-09

regarding the

notification system for transshipments within the Convention Area. Specifically, 17 violations of

paragraph 2 requiring 72 hours advance notification to transship; four violations of paragraph 3

requiring at least 2 hours advance notification to transship items other than harvested marine

living resources; seven violations of paragraph 5 requiring confirmation of transshipment activity

within three working days of the transshipment activity; and three violations of paragraph 8

prohibiting transshipment without prior notification.

IATTC: Vanuatu failed to meet the reporting obligations per resolution C-11-02

paragraph 1,

paragraph 5, and paragraph 7 related to mitigating the impact of fisheries on seabirds for fishing

seasons 2020 and 2021. Vanuatu also failed to report on the functioning of its transshipment

program per resolution C-12-07 para 19 in 2020 and 2021.

Next Steps: Identification initiates a consultation period between the United States and Vanuatu.

Following identification in this report for IUU fishing activities of its vessels, Vanuatu’s 2025

certification determination will be based on evidence that it has taken steps to investigate these

violations of CCAMLR and IATTC conservation measures, and evidence that corrective actions

were taken to address any substantiated violations.

CCAMLR conservation measures 10-09 is available at https://cm.ccamlr.org/en/measure-10-09-2011.

IATTC C-11-02 is available at https://www.iattc.org/GetAttachment/6117c3fd-ad66-46fe-8005-f6af18f0ee92/C-

11-02-Active_Seabirds.pdf.

PLMR Bycatch

Following the amendments made in the 2023 NDAA, Section 1826k(a)(1) of the Moratorium

Protection Act requires the Secretary of Commerce to identify a nation or entity for bycatch

activities if: (1) fishing vessel(s) of that nation or entity are engaged, or have been engaged

during the preceding three years, in fishing activities or practices in high seas waters or within

the EEZ of any nation that result in bycatch of a PLMR; and (2) the vessel’s flag State has not

adopted, implemented, and enforced a regulatory program governing such fishing designed to

end or reduce bycatch that is comparable to the relevant regulatory program of the United States,

taking into account different conditions. These criteria were added in the final week of 2022,

after the majority of analysis for this report was completed. NMFS also now has the authority to

identify a nation or entity when it has sufficient information to do so.

To support the identification process, NMFS collected information on activities related to PLMR

bycatch from numerous sources, including governmental and academic studies, NGOs, and the

media. Some limitations in information gathering about PLMR bycatch persist, including the

fact that bycatch data in coastal fisheries are often not collected. When data are collected, they

are not always publicly available, or are only made public in academic literature years after the

relevant fishing activity occurred.

NMFS also collected any available bycatch related information from each RFMO to which the

United States is a member. For this report, NMFS searched for available bycatch data from the

following seven RFMOs: CCAMLR, IATTC, ICCAT, NAFO, NPFC, SPRFMO, and WCPFC.

Similar to the literature noted above, RFMO data can be challenging in informing the bycatch

identification process. Although the Moratorium Protection Act allows an identification based

on the three preceding years (2020–2022), bycatch data reporting and publication in RFMOs can

lag for a year or more. Further, in RFMOs there can be disparities both within and across

bycatch data collection and analysis. For example, some RFMOs have mandatory bycatch

reporting requirements, while others do not. In addition, some RFMOs treat bycatch reporting

inconsistently, with mandatory reporting requirements for some taxa but not others.

In response to our request for public information, NMFS received information about bycatch of

sea turtles in a nation’s EEZ. After consulting with the nation, NMFS determined the bycatch

activity and the associated regulatory response did not meet the criteria for identification given

the specific conditions of the fishery and self-reported actions of the nation.

Based on available information, NMFS has determined that there is not sufficient documentary

evidence to identify any nation or entity for PLMR bycatch at this time.

In the 2017 Report to Congress, NMFS made a commitment to strengthen efforts within RFMOs

to adopt and improve bycatch measures. Over the past six years, NMFS has advocated for and

seen improvements in the way RFMOs collect bycatch data, as well as how they develop and

implement management responses, as seen most recently in ICCAT’s adoption of a revised sea

turtle bycatch measure. A more detailed overview of this progress can be found in the reports for

each RFMO in Chapter 6. Working with our international partners, NMFS will continue to

strengthen RFMO bycatch governance including in data collection and analysis, mitigation

measures, and compliance efforts. NMFS will also continue its focus on mitigating the bycatch

of sea turtles in the longline fisheries targeting ICCAT-managed species through certification

determinations included in this report and ongoing consultations with those nations receiving a

negative certification.

The statutory definition of PLMRs does not include seabirds, but the conservation of seabirds is

an issue in which NMFS has been actively involved internationally due to the adverse effects of

fishing activity on seabirds. 16 U.S.C. § 1865 emphasizes the need for the Secretary of

Commerce to work cooperatively with the Secretary of the Interior and industry, and within

international organizations, to seek ways to mitigate seabird bycatch. Bycatch of seabirds may

not serve as the basis for identification of a nation or entity under the PLMR provisions of the

Moratorium Protection Act, but violations of seabird measures adopted by RFMOs of which the

United States is a member could serve as the basis for identification under the Act’s IUU fishing

provisions.

Shark Catch

The statutory and regulatory requirements for identifying a nation or entity for shark-related

activities are described in Chapter 3. The information included in this section applies to the

shark provisions of the Moratorium Protection Act at 16 U.S.C. § 1826k(a)(1)(B). In making an

identification under the shark provisions for this report, NMFS took into account information

that it had collected and analyzed consistent with the Moratorium Protection Act requirements

prior to amendments to the statute made by the 2023 NDAA. This information included whether

the nation or entity had adopted a regulatory program for the conservation and management of

sharks that could have bearing on shark conservation and management. NMFS also considered

any actions taken by the nation or entity that are relevant to the conservation and management of

sharks. Given the timing of the passage of the 2023 NDAA, for this report, NMFS continued to

consider such actions in areas beyond any national jurisdiction, including:

● Whether the nation or entity has adopted a regulatory program for the conservation of

sharks.

● Whether the nation or entity has adopted a law, regulation, decree, or other legal

mechanism implementing its obligation to comply with an RFMO’s measures related to

the conservation and management of sharks.

● Participation in cooperative research activities designed to mitigate the impacts of fishing

activities that result in the incidental catch of sharks.

● Programs for data collection and sharing, including programs to assess the abundance and

status of sharks and the effectiveness of observer programs.

● If vessels of the nation or entity have shark bycatch, the adoption and use of strategies,

techniques, and equipment for the reduction and mitigation of such bycatch.

When determining whether to identify a nation or entity under the shark provisions of the

Moratorium Protection Act, NMFS reviewed, evaluated, and verified relevant information

obtained from credible sources demonstrating that foreign-flagged vessels engaged in fishing

activities or practices that targeted or incidentally caught sharks in areas beyond any national

jurisdiction during the relevant timeframe. This information could include data gathered by the

U.S. Government as well as obtained from other nations, international organizations (such as

RFMOs), institutions, bilateral or other arrangements, or NGOs. Corroboration of information

was addressed through cooperation with governments, international organizations, NGOs, and

through use of other credible information as appropriate.

For this report, NMFS searched for 2020 and 2021 shark catch data from the following seven

RFMOs: CCAMLR, IATTC, ICCAT, the Northwest Atlantic Fisheries Organization (NAFO),

NPFC, the South Pacific Regional Fisheries Management Organisation (SPRFMO), and

WCPFC. Although the Moratorium Protection Act allows an identification based on the three

preceding years (2020–2022), catch data reported to an RFMO lags by one year (i.e., catch data

reported in 2021 are actually 2020 catch data). Thus, for the purposes of this report, actionable

catch data were only available for 2020 (reported in 2021) and 2021 (reported in 2022). The

2025 report will include catch data for 2022, reported in 2023, and for 2023, reported in 2024.

NMFS implements RFMO CMMs for sharks under the statutes for each RFMO treaty to which

the United States is a party as well as under the MSA. For the purpose of identifying nations or

entities under the shark catch provisions, NMFS limited its review to available catch data from

those RFMOs to which the United States is a party.

Fifty nations and entities reported shark catches to the seven RFMOs for 2018 and 2019

within

the applicable timeframe of the 2021 Report to Congress. For some of these nations and entities,

NMFS had prior knowledge of or access to relevant regulations. For the remaining nations and

entities, NMFS sent letters requesting information about shark catch on the high seas and

domestic regulatory information relevant to shark conservation and management. The responses

from this outreach formed the basis of NMFS’ analysis of comparability to U.S. regulatory

programs for the 2021 Report to Congress. Thirty-six nations and entities reported shark catches

to the seven RFMOs for 2020 and 2021 within the applicable timeframe of the 2023 Report to

Congress.

Information on NMFS’ analysis of comparability with U.S. regulatory programs can

be found below. However, it should be clear that comparability analyses are conducted in

reference to the regulations of the United States. Comparisons to an international organization or

RFMO are considered independent of a nation’s laws, regulations, or decrees.

Following analysis of available information, either received from a nation or entity via

responsive letters to NMFS in 2019 and/or 2021 or through a proactive search of publicly

available laws and regulations, NMFS determined that 33 of the 36 nations or entities had

submitted adequate information to inform our comparability analyses, but that additional

information was needed from three others. NMFS sent letters to the remaining three nations or

entities determined to have reported inadequate information, requesting the following:

● Verification of the shark catch data compiled by the United States;

● Any additional data for catch of sharks in waters beyond any national jurisdiction;

● The shark fishing laws, regulations, and/or management plans implemented and enforced

for targeted shark fisheries or those that incidentally land sharks within the EEZ or

implemented in waters beyond any national jurisdiction by vessels flagged by that nation

or entity;

● Catch-limits, quotas, seasonal/area closures, or retention bans on certain species, if

applicable, the specifics of any such requirements and the species to which they apply;

● How the nation regulates shark finning, i.e., the removal of shark fins and discard of the

carcass at sea;

● How shark catches are monitored in waters beyond any national jurisdiction by vessels

flagged by the nation or entity;

● Requirements for recording and reporting catch, both on the high seas as well as in the

EEZ of the nation or entity;

It should be noted that 2020 RFMO meetings, including some data reporting, were heavily affected by the

COVID-19 pandemic; this might have resulted in an undercount for 2019 catches.

It should be noted that the COVID-19 pandemic heavily affected scientific observer coverage from 2020-2022

and this might have resulted in an undercount for related catches and subsequently the number of countries with

shark-catch data.

● The law, regulation, decree or other legal mechanism by which an obligation to comply

with an RFMO’s conservation and management measures is implemented;

● The requirement for flagged fishing vessels to minimize incidental catches of sharks,

provide for live release, and promote post-release survival; and,

● Research conducted on shark species in the EEZ of the nation or entity or on the high

seas.

Of the 36 nations and entities, three nations’ verified shark catch data were restricted to within

their EEZs, so those nations’ shark fishing activities fell outside the scope of this report.

For the remaining 33 nations and entities, NMFS reviewed, evaluated, and verified relevant

information obtained from credible sources, including a nation’s or entity’s response to NMFS’

informational request.

NMFS analyzed each nation’s or entity’s laws, regulations, and decrees related to a regulatory

program for the conservation and management of sharks. In addition, NMFS reviewed other

legal mechanisms by which an obligation to comply with an RFMO’s conservation and

management measures is implemented, to determine how that nation or entity requires its vessels

fishing on the high seas to comply with an RFMO’s management measures. NMFS took into

account all relevant matters including, but not limited to the history, nature, circumstances,

duration, and gravity of the fishing activity when making a determination whether a nation or

entity has adopted a regulatory program comparable to that of the United States.

NMFS’ analysis of the remaining 33 nations and entities resulted in the determination that 31

have a regulatory program comparable to that of the United States. NMFS identified the PRC

and Vanuatu for not having comparable regulatory programs to that of the United States for the

conservation and management of sharks on the high seas. Additional information is provided

below.

The People’s Republic of China

The PRC maintains numerous tuna and non-tuna fleets that target or incidentally catch sharks on

the high seas, in waters beyond any national jurisdiction. For its tuna fisheries, the PRC issued

Notice from the General Office of the Ministry of Agriculture and Rural Affairs about Further

Strictly Abiding by International Tuna Management Measures in 2019. This notice provides

detail on how vessels operating in tuna fisheries must abide by management measures adopted

by relevant RFMOs. Chapter Ten, on bycatch species, requires tuna longline vessels to make

full use of an unintentionally caught shark and prohibits discarding the carcass after the fins have

been removed. In review of the PRC’s regulatory program, however, NMFS found that the rules

regarding conservation of sharks pertain only to tuna fisheries and not to the PRC’s non-tuna

fishing fleets.

NMFS identified the PRC because it has not adopted a regulatory program to provide for the

conservation of sharks that is comparable to that of the United States.

Next Steps: Identification initiates a consultation period between the United States and the PRC.

Following identification in the report, the PRC’s 2025 certification determination will be based

on documentary evidence that it has a regulatory program to provide for the conservation of

sharks that is comparable to that of the United States.

Vanuatu

NMFS identified Vanuatu because it has not adopted a regulatory program to provide for the

conservation of sharks that is comparable to that of the United States. NMFS currently has no

documentary evidence of a binding regulatory program to provide for the conservation of sharks

for Vanuatu’s vessels operating on the high seas that target or incidentally catch sharks.

Next Steps: Identification initiates a consultation period between the United States and Vanuatu.

Following identification in this report, Vanuatu’s 2025 certification determination will be based

on documentary evidence that it has a regulatory program to provide for the conservation of

sharks that is comparable to that of the United States.

VI. International Activities and Achievements

Achievements in Global and Regional Organizations

This chapter includes updates from global and regional organizations mostly from 2021 and

2022, continuing the reporting included in the 2021 Report to Congress. The following section

also includes selected updates from 2023 for organizations that have already met and made

significant notable progress on priority areas. More detailed information on activities from 2023

for all organizations, however, will be included in the 2025 Report to Congress.

Food and Agricultural Organization

The United Nations Food and Agriculture Organization (FAO) Committee on Fisheries (COFI)

held its 34th session (COFI34) virtually February 1-5, 2021, following a delay due to the

COVID-19 pandemic. FAO reported on the development of Technical Guidelines on

Methodologies and Indicators for the Estimation of the Magnitude and Impact of IUU Fishing.

COFI Members called on FAO to enhance technical guidance on mainstreaming climate

adaptation and mitigation in fisheries management and aquaculture development; proceed with

developing draft voluntary guidelines for the regulation, monitoring, and control of

transshipment; and continue the work to develop voluntary and non-binding fisheries and

aquaculture practical guidance on social responsibility in the fisheries value chain.

The 35th session of COFI (COFI35) met September 5-9, 2022, in a hybrid manner. COFI

Members endorsed the Voluntary Guidelines for Transshipment; commended the development of

the FAO Strategy on Climate Change 2022-2031; called on FAO to convene a workshop with

RFMOs to provide guidance on climate resilient fisheries management, including adaptation and

mitigation; and requested FAO continue developing FAO Guidance on Social Responsibility in

Fisheries and Aquaculture Value Chains.

The Voluntary Guidelines for Transshipment (hereafter “Guidelines”) address the regulation,

monitoring, and control of transshipment of fish that have not been previously landed, whether

processed or not. The Guidelines provide assistance to States, RFMOs, and other

intergovernmental organizations when developing new transshipment regulations, revising

existing regulations and integrating these within the broader regulatory framework.

The Guidance on Social Responsibility in Fisheries and Aquaculture Value Chains (hereafter

“FAO Guidance”) will address social responsibility and decent working conditions in the

fisheries and aquaculture sectors. The FAO Guidance will be voluntary, non-binding, practical,

complementary, written in simple language, supportive, and based on the wide range of existing

international conventions, agreements and standards. It will be developed in consultation with

other international organizations and relevant stakeholders.

The Agreement on Port State Measures (PSMA) entered into force in June 2016, and, as of June

2023, has 76 Parties. It is the first binding international agreement to specifically target IUU

fishing through effective port State measures. The Third Meeting of the Parties to PSMA was

held May 31-June 4, 2021. The European Union hosted the meeting in a virtual manner. The

purpose of the meeting was to review and assess the effectiveness of the Agreement as called for

under Article 24.

United Nations General Assembly

The informal consultations on sustainable fisheries, including through the 1995 Agreement for

the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of

10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and

Highly Migratory Fish stocks and related instruments occurred virtually in 2021 and in person in

2022. The 2021 resolution was adopted without a vote in December 2021 and the 2022

resolution was also adopted without a vote on December 9, 2022. The resolution has specific

chapters addressing IUU fishing and fisheries bycatch and discards. The resolution also

addresses shark conservation and management, bycatch of PLMR, labor issues, and climate

change.

Convention on International Trade in Endangered Species of Wild Fauna and Flora

The 19th meeting of the Conference of the Parties (COP19) to the Convention on International

Trade in Endangered Species of Wild Fauna and Flora (CITES) took place in Panama City,

Panama, November 14-25, 2022. Several outcomes of the meeting will help the United States

and other CITES Parties combat the illegal trade of protected marine species and the

conservation of such species.

The sections below report decisions related to vaquita and totoaba, sharks and rays, and sea

turtles. Additional information about meeting outcomes, including a U.S.-cosponsored sea

cucumber proposal, U.S.-led proposals about seahorses, and decisions related to queen conch, is

available on the NMFS website.

Vaquita and Totoaba: At COP19, the United States worked with Mexico on decisions to combat

the illegal harvest and trade in totoaba and promote protection of the critically endangered

vaquita, whose population is estimated at less than 10 animals. The decisions call on Mexico to

strengthen its surveillance and enforcement, among other actions. CITES Parties are encouraged

to support the recovery and monitoring of wild populations of totoaba and vaquita and eliminate

the supply and demand for illegally sourced specimens of totoaba.

The Standing Committee, which is responsible for providing general policy and operational

direction to the CITES Secretariat regarding implementation of the Convention, met just prior to

COP19. The Committee adopted strong recommendations to address the ongoing illegal harvest

and trade in totoaba. Among these recommendations, a decision was adopted that required

Mexico to develop a compliance action plan focusing on the implementation of the COP19

decisions and submit this document to the CITES Secretariat by February 28, 2023. The

decision directed that, if a finalized compliance action plan considered adequate by the

Secretariat was not submitted by this deadline, the Secretariat would publish a Notification to

CITES Parties recommending a suspension of trade with Mexico in CITES listed species, and

the suspension in trade would remain in effect until a compliance action plan assessed as

adequate by the Secretariat is received. The CITES Secretariat reviewed Mexico’s compliance

https://www.fisheries.noaa.gov/national/international-affairs/convention-international-trade-endangered-species-

wild-fauna-and

action plan and determined it was inadequate. Mexico then failed to address the plan’s

inadequacies. On March 27, 2023, the CITES Secretariat issued a notification to suspend

commercial trade in all CITES-listed species with Mexico. This suspension remained in effect

until Mexico submitted a revised compliance action plan that the Secretariat assessed as

adequate. On April 7, 2023, the CITES Secretariat informed Parties that Mexico submitted an

updated compliance action plan that, according to the Secretariat’s evaluation, includes the

essential elements required. Therefore, the recommendation to suspend all commercial trade in

specimens of CITES-listed species with Mexico was withdrawn immediately. The Standing

Committee agreed to review Mexico’s progress on the implementation of its compliance action

plan at the next full meeting of the Standing Committee in November 2023 and, in the absence of

sufficient progress, consider compliance measures.

Sharks and Rays: Proposals to include nearly 100 species of sharks and rays in Appendix II (for

species that may become threatened with extinction unless trade is strictly regulated) were

adopted at COP19 with U.S. support. A proposal to include the entire family of requiem sharks

in Appendix II of CITES with a 12-month implementation delay was adopted by secret vote. A

proposal to include the bonnethead shark (Sphyrna tiburo) in Appendix II, with the rest of the

non-listed hammerhead shark species based on the similarity in appearance of specimens of these

species to others in the CITES Appendices, was the first shark proposal to ever be adopted by

consensus of the CITES Parties. A proposal was adopted by vote to include six species of

guitarfishes in Appendix II, with the rest of the species (31) included based on similarity of

appearance.

A set of decisions to promote shark and ray conservation was also adopted. These decisions

encourage Parties to provide information on national management measures and inspect

shipments of shark parts and derivatives in transit or being transshipped to verify the presence of

CITES-listed species and valid CITES documentation. Parties are encouraged to actively

collaborate to combat the trafficking of shark and ray products through coordination between

source, transit, and destination countries. The Secretariat is encouraged to provide capacity

building assistance and conduct a study on the mismatch between the quantities of CITES-listed

sharks and rays in the CITES trade database and what would be expected against information on

catches of CITES-listed shark and ray species.

Marine Turtles: A U.S. proposal, co-sponsored by Brazil, Colombia, Costa Rica, and Peru, to

create a CITES resolution aimed at addressing the illegal trade in marine turtles was adopted at

the meeting. The resolution calls on Parties to scale up efforts to address illegal harvest and

markets associated with illegal trade of marine turtles; take action to decrease consumer demand,

improve monitoring, detection, and enforcement activities; and address marine turtle bycatch in

fisheries by effectively addressing IUU fishing that is a threat to marine turtles.

International Whaling Commission

The International Whaling Commission (IWC) held its first in-person biennial meeting in four

years in 2022, following the end of COVID-19 travel restrictions. This meeting was also the first

full meeting of IWC since Japan withdrew from the International Convention on the Regulation

of Whaling in 2019.

IWC adopted a resolution on plastic pollution by consensus, co-sponsored by the United States

with several other members. It directs the IWC Secretariat to lend the organization’s expertise

related to impacts of plastics on cetaceans to ongoing work of other international organizations,

including the negotiation of a new binding treaty on plastic pollution at the UN Environment

Program. The resolution will also generate momentum for projects throughout the Commission

related to identifying hot spots of plastic impacts on cetaceans, including the effects of

entanglement and plastic ingestion.

IWC continues its work under its Bycatch Mitigation Initiative (BMI), the aim of which is to

develop, assess, and promote effective bycatch prevention and mitigation measures worldwide.

This work includes implementation of the BMI four-year work plan (2021-2024), which focuses

on securing funding for pilot projects, evaluating results from pilot project trials, driving

innovation of mitigation measures, promoting BMI technical advice and capacity building

opportunities, promoting best practice, and improving and streamlining bycatch reporting to

IWC.

The BMI played a key role in the development of a factsheet series on reducing and preventing

marine mammal bycatch, illustrating measures from Technical Guidelines to Prevent and Reduce

Marine Mammal Bycatch in Capture Fisheries.

It also collaborated with CMS and WWF on

the development of Guidelines for the Safe and Humane Handling and Release of Bycaught

Small Cetaceans from Fishing Gear ‐ CMS Technical Series No. 43.

Additionally, IWC has endorsed a cooperative agreement on bycatch with the Indian Ocean Tuna

Commission and a contract with FAO under the Common Ocean Areas Beyond National

Jurisdiction. With these efforts, IWC will be formally engaging with these organizations to

improve understanding and management of cetacean bycatch in tuna fisheries in Areas Beyond

National Jurisdiction and in the EEZs of the Indian and Western Pacific regions.

Specially Protected Areas and Wildlife Protocol

In 2021, at the 11th Meeting of the Contracting Parties (COP11) to the Protocol Concerning

Specially Protected Areas and Wildlife (SPAW) in the Wider Caribbean Region, the Contracting

Parties adopted the Workplan and Budget of the SPAW Sub-programme for the 2021-2022

Biennium and adopted the recommendations of the Ninth Meeting of the Scientific and

Technical Advisory Committee (STAC9) to the SPAW Protocol. STAC 9 did not reach

consensus nor could it conclude whether species nomination proposals were presented to STAC9

in accordance with the SPAW Protocol and the Rules of Procedure. Therefore, COP11 invited

Contracting Parties to consider the assessments of the Species Working Group on the whale

shark, oceanic whitetip shark, giant manta ray, great hammerhead, smooth hammerhead, and

parrotfish and to submit species nomination proposals for consideration by STAC10 and COP12.

COP11 requested the Species Working Group strengthen its work on the conservation and

management of sawfish, Nassau grouper, and sea turtles. The COP also called on Contracting

Parties to strengthen conservation and sustainable management of shark and ray species listed in

Annex III of the Protocol and invited Contracting Parties to report to STAC10 on progress in

implementation of management measures for each of the nine shark and ray species listed on

Annex III in their waters.

Factsheets are available on the FAO website:

https://www.fao.org/fishery/en/collection/bycatchmitigationmammals

COP11 requested that the Marine Mammal Experts of the Species Working Group revise and

update the Marine Mammal Action Plan for the Conservation of Marine Mammals in the Wider

Caribbean Region (MMAP), considering new information and developments since 2008,

including the “Scientific and Technical Analysis of the Implementation of the Action Plan for the

Conservation of Marine Mammals (MMAP) in the Wider Caribbean,” and present the updated

MMAP to STAC10 for its review and consideration. COP11 also requested that the Secretariat

and SPAW-Regional Activity Center (SPAW-RAC), in close consultation with SPAW

Contracting Parties, and other relevant stakeholders, consider the potential costs, benefits, and

operational framework of a Marine Mammal Regional Activity Network (RAN), and draft a

proposal for discussion at SPAW STAC10 regarding how such a RAN could operate.

The COP and STAC did not convene in 2022.

At the 2023 Tenth Meeting of the STAC to the SPAW Protocol in the Wider Caribbean Region,

the Parties agreed to forward a recommendation to the Conference of the Parties to uplist the

oceanic whitetip shark and Lesser Antillean iguana from Annex III to Annex II and added all

parrotfishes and the Caribbean reef shark to Annex III. The Parties also requested the Species

Working Group to develop and assist with the implementation of recommendations to the

conservation of sawfishes, parrotfish, and Nassau grouper.

For species listed in Annex II, Parties are to ensure their total protection and recovery, including

by prohibiting taking, possessing, or killing, or commercial trade in such species, or their eggs,

parts, or products. Parties must also prevent, to the extent possible, disturbing species,

particularly during periods of breeding, incubation, estivation, or migration, as well as other

periods of biological stress. For Annex III species, Parties must adopt appropriate measures to

ensure their protection and recovery, and may regulate the use of such species to ensure their

populations are maintained at the highest possible levels.

The Parties also forwarded for adoption by the Conference of the Parties an updated Marine

Mammal Action Plan for the Conservation of Marine Mammal in the Wider Caribbean Region.

The Parties also asked the Secretariat to work with Contracting Parties, with input from the

SPAW-Regional Activity Center as appropriate, to further elaborate and evaluate the legal and

institutional mechanisms to establish a potential RAN.

Asia Pacific Economic Cooperation Forum

In 2020, the Asia Pacific Economic Cooperation forum (APEC) Oceans and Fisheries Working

Group (OFWG) developed and adopted the IUU Fishing Roadmap Implementation Plan. The

IUU fishing Roadmap is an initiative that APEC adopted in 2019. This Plan addresses the action

areas in the text of the Roadmap, including: promotion of implementation of port State measures

by individual APEC economies and RFMOs; exchange of information regarding traceability and

monitoring, control, and surveillance of fishing activities; increased coordination by APEC

Economies relative to monitoring, control, and surveillance of fishing activities and the

traceability of fishery products; technologies to combat IUU fishing and fishing‐related

activities; and several more. The Implementation Plan was also integrated into the OFWG

Strategic Plan and Annual Work Plan, and an OFWG sub-group (which includes the United

States) was also formed to monitor and facilitate implementation activities.

The impacts of COVID-19 significantly delayed direct capacity building efforts associated with

implementation of the Roadmap during 2021 and 2022. During this time, the OFWG actively

developed lines of communication with FAO and a range of regional and sub-regional fora,

industry, and NGOs in an effort to increase future collaboration opportunities relative to IUU

fishing. In 2022, APEC sponsored a Workshop for Fisheries Enforcement Strategies to Prevent,

Combat and Deter IUU Fishing Related to Covid-19 Pandemic. It is expected that there will be

increased activity by OFWG to combat IUU fishing in 2023.

Western Central Atlantic Fishery Commission

The Western Central Atlantic Fishery Commission (WECAFC) is a regional fisheries body that

acts in an advisory capacity to promote the effective conservation, management, and

development of living marine resources in the wider Caribbean Sea. In July 2022, WECAFC

held its biennial meeting and endorsed numerous non-binding recommendations and documents.

A Data Collection Reference Framework provides guidance for standardized data collection on

key indicators and species in the wider Caribbean region (WECAFC/XVIII/2022/5).

Information that WECAFC Members submit to the regional database will support future

monitoring of priority species, regional stock assessments, and management approaches based on

the best available science. Another recommendation (WECAFC/XVIII/2022/2) aims to help

members combat IUU fishing by encouraging strengthened fisheries governance; the

implementation of measures to effectively regulate, monitor, and control transshipment; and the

development of mechanisms for sharing fishing vessel information.

WECAFC also adopted a Regional Plan of Action (RPOA) for the Conservation and

Management of Sharks, Rays and Chimaeras in the WECAFC area. The RPOA has five

objectives: 1) improving understanding of the status of shark populations in the wider Caribbean

through research, monitoring and data collection; 2) ensuring sustainable fisheries, with

appropriate conservation measures in place for protected shark species; 3) fostering regional

cooperation; 4) increasing stakeholder awareness; and 5) capacity building. Finally, WECAFC

adopted a regional strategy on the management of bycatch and discards in bottom-trawl shrimp

and groundfish fisheries. Goals of the regional strategy include: applying an ecosystem approach

to fisheries management; improving data collection and monitoring procedures; reducing bycatch

through use of Turtle Excluder Devices and Bycatch Reduction Devices; minimizing the impacts

of unavoidable bycatch through careful handling and release practices and procedures; and

expanding the use of spatial and temporal measures to reduce bycatch.

Agreement on the Conservation of Albatrosses and Petrels

The Agreement on the conservation of Albatrosses and Petrels (ACAP) held its 12

meeting of

the Advisory Committee (AC12) and working groups in 2021 and its 7

Meeting of the Parties

(MoP7) in 2022, all virtually.

ACAP continues to further develop its advice on best practices for mitigating bycatch of seabirds

in a range of fishing gear. In 2021, ACAP added underwater bait setting and the Hookpod-mini

hook-shielding device as two new mitigation measure options for pelagic longline fisheries. It

also adopted Guidelines on Fisheries Electronic Monitoring Systems, for use in informing and

strengthening essential standards for fisheries electronic monitoring systems, particularly for

monitoring seabird interactions or use of bycatch mitigation measures.

ACAP engages in meetings of RFMOs and is focusing on the development of specific ACAP

products (e.g., advice on seabird bycatch indicators, seabird components of electronic

monitoring) for use by RFMOs. It also is seeking to ensure that RFMOs’ compliance evaluation

processes assess and consider seabird bycatch mitigation and related measures.

Achievements in Regional Fisheries Management Organizations and

Agreements

Commission for the Conservation of Antarctic Marine Living Resources

The Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) met

virtually in 2021 with a limited agenda and in person in 2022 with a regular agenda.

CCAMLR was not able to adopt its compliance report in 2021. However, CCAMLR did adopt

changes to CM 10-05 (Catch Documentation Scheme for Dissostichus spp.) to resolve ongoing

confusion regarding the “date of issue” of the catch document and the “date of export” of the

exported product. These changes were the result of CCAMLR’s robust compliance evaluation

procedure that reveals necessary amendments to conservation measures to address ambiguities

and other issues that are impeding compliance. CCAMLR also considered Secretariat proposals

to improve compliance related to VMS and transshipment but they were not adopted due to

Member objections.

In 2021, CCAMLR failed to re-adopt a Conservation Measure for a long-standing established

toothfish fishery in FAO Statistical Subarea 48.3, which includes waters surrounding South

Georgia where Argentina and the United Kingdom both assert territorial claims. Fishing took

place in Subarea 48.3 in 2022 in the absence of a CCAMLR-agreed conservation measure; which

was the topic of much discussion at the 2022 CCAMLR meeting. Consensus, however, could

not be reached on whether the vessels should be included on the Contracting Party IUU Vessel

List and cited for non-compliance in the annual CCAMLR Compliance Report.

Most CCAMLR members continue to prioritize establishing a representative system of marine

protected areas (MPA) in the Convention Area. For several years, CCAMLR has been

considering three proposals to establish MPAs in the Southern Ocean: the East Antarctic MPA

(EAMPA) proposal, the Weddell Sea Phase 1 (WS) proposal, and the Antarctic Peninsula

proposal. The United States became a co-sponsor, along with many other Members, of the

EAMPA and WS proposals in early 2021; and U.S. scientific data underpin the Antarctic

Peninsula proposal. With no indication that consensus could be reached for any of the proposals,

a vast icefish nesting ground discovered in the Weddell Sea region was given separate

consideration in 2022 for protection; however, attempts to protect the nesting sites were

unsuccessful.

In 2022, CCAMLR adopted a climate change resolution that recognizes the need to prepare for,

and adapt to, the effects of climate change on marine ecosystems of the Convention Area. The

resolution encourages Members and entities to conduct and integrate climate change science into

activities to mitigate, prepare for, and respond to the impacts of climate change. Other decisions

taken in 2022 include extending the prohibition of discharging avian products including poultry

parts, sewage and offal and discards from a portion of the Convention Area, to the entire

Convention Area, while also expanding the application of these prohibitions to more vessel

types, including support ships, fishing-processing vessels, and vessels engaged in transshipment.

CCAMLR also adopted a requirement on the use of AIS in the Convention Area for the

prevention of collisions between fishing vessels.

Incidental killing of multiple humpback whales and/or seals during the 2020/2021 and

2021/2022 fishing seasons and CCAMLR’s continued work to mitigate seabird strikes with trawl

warps and net monitoring cables led CCAMLR to reconvene its Working Group on Incidental

Mortality Associated with Fishing (WG-IMAF) after an 11-year hiatus. The WG-IMAF

discussed the following relevant issues in 2022: development of a data collection template and

accompanying instructions for vessels to report standardized data in the event of a whale bycatch

event; training materials to support the data collection on incidental mortalities of seals; the

development of a gear library to document the marine mammal exclusion devices used by trawl

vessels operating in the Convention Area; and modifications to marine mammal exclusion

devices to minimize the risk of whale bycatch.

Inter-American Tropical Tuna Commission

IATTC convened its 98

Meeting virtually in August 2021. IATTC adopted a provisional set of

definitions for electronic monitoring and a work plan to advance this issue, which was a key

priority for the United States. In October 2021, IATTC again met virtually to continue its 98th

Meeting. The United States secured adoption of its proposal for a two-year extension of the

existing silky shark resolution, with minor adjustments (Resolution C-21-06).

IATTC also

adopted Resolution C-21-07, which advances key elements of the UN FAO Agreement on Port

State Measures. This resolution requires port State inspection of a minimum of five percent of

foreign fishing vessels in port, communication of detected IUU fishing activity to the relevant

flag and coastal States, and investigation by the flag State of detected IUU fishing activity.

IATTC convened its 99th Meeting in August 2022, to select a new Executive Director, and its

100th Meeting immediately following. Adopted measures include Resolution C-22-02, which

outlines a procedure through which the Compliance Committee adopts - and IATTC reviews - an

annual report on compliance status, a process that is designed to improve the tracking and

reporting of compliance cases. IATTC adopted Resolution C-22-03, to amend Resolution C-12-

07 and expand reporting requirements for transshipments by large-scale fishing vessels. IATTC

Parties continued the previous year’s discussions on electronic monitoring, creating an Ad Hoc

Working Group on Electronic Monitoring with agreed terms of reference (Resolution C-22-07).

IATTC also adopted terms of reference for its Bycatch Working Group, and changed the title to

Ecosystems and Bycatch Working Group (Resolution C-22-08) in recognition of the importance

of ecosystem considerations.

Resolutions can be found on the IATTC website: https://www.iattc.org/en-US/resolution/type/IATTC.

International Commission for the Conservation of Atlantic Tunas

The International Commission for the Conservation of Atlantic Tunas (ICCAT) held annual

meetings in November 2021 and 2022, adopting many binding recommendations and non-

binding resolutions relevant to this report. Recommendation (Rec) 21-15, a U.S. proposal to

strengthen control of in-port and at-sea transshipment activities, includes requirements for better

record keeping (e.g., separation of cargo and stowage plans), enhanced reporting requirements,

and prioritization of port inspection for suspicious vessels. ICCAT also adopted Rec 21-11,

originally a U.S. proposal, to clarify actions that could be taken with regard to vessels without

nationality, and Rec 21-14, requiring vessels eligible for an International Maritime Organization

number to obtain one prior to inclusion on ICCAT’s authorized vessel list.

Three new measures – Rec 21-08, Rec 21-16, and Resolution (Res) 22-15 – address the

complexities of the eastern Atlantic and Mediterranean bluefin tuna fishery, which has a history

of high-profile IUU fishing. These measures, respectively, strengthen monitoring and control

elements, outline specifications for VMS data exchange, and establish a pilot project for the use

of stereoscopic cameras during the transfer of bluefin tuna destined for farming.

Rec 22-14 requires ICCAT members to investigate and take appropriate action, consistent with

their domestic laws, to address allegations of IUU fishing by their citizens. It covers not only

those individuals directly engaging in illegal fishing activity, but also those benefiting from or

supporting the activity (e.g., as vessel operators, owners, and financial services providers).

Three new ICCAT working groups – on catch documentation schemes (Res 21-21), electronic

monitoring systems (Res 21-22), and labor standards, proposed by the United States (Res 21-23)

– held their first intersessional meetings in 2022.

In 2022, the United States introduced a proposal that called on ICCAT to consider the potential

impacts of climate change on ICCAT target stocks, non-target species, and species belonging to

the same ecosystem or associated with or dependent upon target stocks. The resulting adoption

of Res 22-13, which gained nine co-sponsors from North America, South America, Africa, Asia,

and Europe, has kicked off a process to identify available climate change information, data gaps,

and research needs that will inform the Commission's future management of ICCAT species.

Also in 2022, after many years of effort, ICCAT adopted a compromise text to address bycatch

of sea turtles that was co-sponsored by the United States, Brazil, Canada, Egypt, EU, Gabon, and

Turkey. Rec 22-12 requires longline vessels fishing in a shallow set manner to use at least one of

a menu of options, including large circle hooks, finfish bait, or another measure approved by the

Standing Committee on Research and Statistics (SCRS) as effective at reducing the interaction

rate of sea turtles and increasing the survivability of those caught. Requirements do not apply to

the Mediterranean Sea until 2026 or to areas primarily outside the geographic range of Atlantic

sea turtles. The measure requires purse seine vessels to avoid encircling sea turtles and to ensure

safe handling and release from fishing operations, including entanglement with fish aggregating

devices. Further, Rec 22-12 specifies minimum data collection requirements regarding

interactions with sea turtles in ICCAT fisheries, requires members to report on implementation,

and charges the SCRS with reviewing aspects of the measure and providing future updates to the

Commission.

Following several years of negotiations regarding North Atlantic shortfin mako, in 2021

ICCAT adopted a rebuilding program to end overfishing immediately and rebuild the stock by

2070. Rec 21-09 includes a two-year retention ban and sets a maximum total fishing mortality

level of 250 t. Retention of dead shortfin mako is permitted only in limited cases, as verified by

an observer, electronic monitoring or, in the case of vessels less than 15 meters, other means

approved by the SCRS. It also prohibits transshipment of North Atlantic shortfin mako;

specifies safe handling and release requirements; and establishes additional reporting

requirements, including information on statistical methodologies used to estimate dead discards

and live releases. Rec 22-11 for South Atlantic shortfin mako mirrors many aspects of Rec 21-

09, including a two-year retention ban; it provides for the establishment of a total mortality limit

following the 2024 stock assessment and will measure any permissible retention pursuant to

scientific advice.

North Pacific Anadromous Fish Commission

NOAA and the USCG work closely with enforcement agencies of other North Pacific

Anadromous Fish Commission (NPAFC) member States to enforce the Convention for the

Conservation of Anadromous Stocks in the North Pacific Ocean, which prohibits directed fishing

for anadromous stocks in the high seas areas of the North Pacific Ocean.

The United States and the other NPAFC member States achieved a high level of enforcement

cooperation again during Operation North Pacific Guard (NPG) over the past two years. In

2021, NPAFC member States conducted more than 430 hours of aircraft patrols and more than

260 ship-days, during which they identified multiple fishing violations that were reported to the

relevant RFMO, although none involved confirmed high seas driftnet activity or illegal retention

of salmon.

As part of NPG 2021, USCG Cutter Bertholf patrolled for 51 days, covering over 27,000 miles

on the high seas of the North Pacific Ocean. During this patrol, the USCG along with NOAA,

Canadian Department of Fisheries and Oceans, Japan Coast Guard and Korean Coast Guard

shipriders conducted at-sea inspections aboard 27 fishing vessels operating under several other

RFMOs, finding 42 potential violations. This included 12 potentially serious violations for

refusals of lawful boardings under NPFC and three potentially serious violations for failure to

log sufficient records of catch where salmon was not logged. These three vessels had small

amounts (less than 25 salmon) and indicated the salmon were for crew consumption.

As part of NPG 2022, USCG Cutter Munro patrolled for 35 days, covering 10,723 miles on the

high seas of the North Pacific. During this patrol, the USCG along with NOAA, Canadian

Department of Fisheries and Oceans, and Fisheries Agency of Japan shipriders conducted at-sea

inspections aboard 11 fishing vessels, finding 12 potential violations, including seven potential

serious violations for refusals of lawful boardings under the North Pacific Fisheries Commission

(NPFC). No targeted salmon fishing was observed during NPG 2022.

Additionally, 2022 marked the fourth consecutive year of this operation in which no high seas

drift net vessels were detected in the North Pacific. It is likely that, at least in the near term,

NPG has significantly curtailed this highly destructive practice in the North Pacific.

North Pacific Fisheries Commission

The North Pacific Fisheries Commission (NPFC) met virtually in 2021 and did not meet in 2022.

During the 2021 virtual Commission Meeting’s limited agenda, NPFC expanded assessment of

obligations including “shall” or “must” in its Compliance Monitoring Report (CMR), providing

for improvement in accountability of members’ adherence to management measures. NPFC also

adopted a Data Sharing and Data Security Protocol that allowed the recently approved VMS

measure to be implemented, and added two vessels to the NPFC IUU Vessel List.

At its meeting in 2023, the first full meeting since 2020, NPFC adopted its first comprehensive

CMM controlling transshipment in NPFC, completing years of drafting and negotiations from

the Members (CMM 2023-14). CMM 2023-14 requires that to transship fisheries resources or

fisheries products taken in the Convention Area, both the offloading and receiving vessels must

be flag State authorized and on the NPFC Vessel Registry. Additionally, the NPFC Secretariat

requires a 24-hours advance notice prior to transferring. Post-event reporting via a

Transshipment Declaration must be provided within 10 days. The measure also covers “other

transfer activities” such as the movement of fuel, personnel, gear, and supplies between vessels.

These also require 24-hour advance notice. Furthermore, the measure establishes NPFC’s first

observer program, requiring fisheries observers on receiving vessels. This is a significant

development that provides needed oversight and accountability in the North Pacific.

The Commission also adopted a new shark CMM led by Canada and co-sponsored by the United

States. CMM 2023-03 reaffirms that there are no directed shark fisheries currently managed by

NPFC, and therefore no directed shark fishing is authorized under the NPFC Convention or

CMMs. The measure also prohibits shark finning of incidentally caught sharks, and requires

reporting of any incidental shark catch. Prior to this, sharks were not specifically addressed in

any of the NPFC CMMs.

The Commission agreed to add outcomes of a performance review panel as a standing agenda

item and to continue to work with the Secretariat on developing priorities. In 2022, the panel

submitted an assessment of NPFC’s slow progress and failure to develop a full suite of

compliance measures expected for an RFMO, even a relatively young one. The panel also

highlighted poor stock status and failure to agree to catch limits as key challenges.

Proposed by the United States, and co-sponsored by Korea, Canada, and the European Union,

NPFC adopted Resolution 2023-01, which requires the Commission to consider the potential

impacts of climate change on NPFC fisheries resources and related ecosystems in the

Convention Area, as well as any related socio-economic impacts. The resolution tasks the

Science Committee (SC) with incorporating existing climate change data and analyses in its

work as well as other information that may be needed to assess the impact of climate change on

the fisheries managed by NPFC. Furthermore, the resolution tasks the Commission, the

Technical and Compliance Committee (TCC), and the SC to have standing agenda items at

meetings to consider potential impacts of climate change on fish stocks.

Finally, Members raised significant concern over issues with the 2023 CMR. The Commission

agreed to task the TCC with recommending improvements during intersessional work. One

recommendation was to make the CMR a tool for Members to assess compliance of other

Members, and to better define the relationship between the IUU vessel list with the CMR. The

TCC Sub Working Groups will prioritize analysis and making recommendations focus on

developing a more robust report prior to 2024 annual meetings. This will allow NPFC to have

better awareness of compliance within its Convention Area.

North Atlantic Fisheries Organization

At its 2021 Annual Meeting, the North Atlantic Fisheries Organization (NAFO) Parties made

progress in further developing its groundbreaking ecosystem approach framework to fisheries

management. NAFO adopted a number of measures to enhance the protection for Vulnerable

Marine Ecosystems (VMEs), in particular to safeguard black coral and sea pens. These measures

included closing new areas and rolling over protections for current closed areas where VMEs

exist. With these closures, all seamounts at fishable depths are protected.

In 2022, NAFO adopted an ecosystem reference point to help inform management decisions

regarding the potential risk of ecosystem overfishing. This is the first time an RFMO has

established such an advisory limit. This reference point will be critical in informing managers

not only when ecosystem overfishing may occur, but will also provide key information to guide

managers as they address climate change and other ecological stressors. Additionally, the United

States led a successful effort to pass strong protections for Greenland sharks, widely considered

to be the longest living vertebrate. These measures prohibit the retention and landing of live

Greenland sharks, and complements existing regulations that prohibit directed fishing on these

sharks.

Also at its 2022 Annual Meeting, NAFO adopted amendments to the NAFO Conservation and

Enforcement Measures (CEM) to include vessels from the IUU vessel lists of other RFMOs to

the NAFO IUU Vessel List. The NAFO IUU Vessel List was already linked to that of the North

East Atlantic Fisheries Commission (NEAFC), and NEAFC had recently amended its Scheme of

Control and Enforcement to include vessels from other RFMO lists. NAFO and NEAFC now

cross-list IUU fishing vessels from RFMOs that cover the vast majority of global fisheries.

Relevant NAFO procedures for identifying, listing, and delisting of IUU fishing vessels have

also been revised to reflect the additional source RFMOs.

South Pacific Regional Fisheries Management Organisation

Despite the limitations associated with virtual (instead of in-person) meetings in 2021 and 2022,

the South Pacific Regional Fisheries Management Organisation (SPRFMO) adopted a significant

number of conservation and management measures of importance to the United States. At its

annual meeting in 2021, SPRFMO adopted a U.S. proposal on vessel marking and identification

to help ensure vessels can be effectively monitored for compliance. This measure went into

effect on January 1, 2023. In 2021, several proposals for exploratory fisheries were also

adopted, including a new measure for exploratory fishing of toothfish in the Convention Area.

This measure, which contained improvements recommended by the United States, authorizes the

European Union to fish for toothfish over a three-year period to gather scientific data on an area

with very little data on toothfish. The proposal includes provisions on data collection, reporting,

and monitoring as well as mitigation measures for marine mammals, seabirds, sharks, and other

species of concern.

Other successes included the adoption of a revised and more precautionary bottom fishing

measure in 2021 and developing a work plan in 2022 to guide intersessional review of that

measure. The review was aimed at determining the appropriateness of the measure for

preventing significant adverse impacts on vulnerable marine ecosystems and ensuring a

sufficient level of protection for taxa associated with these ecosystems.

To address several concerns during compliance discussions about the incomplete information for

vessels on SPRFMO’s Record of Vessels and the inclusion of vessels that were not authorized to

fish, the United States joined other members in seeking revisions to the Commission’s measure

on the Record of Vessels. The lack of adequate vessel information poses a challenge for

monitoring compliance and ensuring that only authorized vessels are fishing in the Convention

Area. The provisions, which were adopted by consensus, provide greater clarity on the binding

nature of the information required by the measure and the requirement that only vessels

authorized pursuant to a measure adopted by SPRFMO may be submitted for inclusion in the

authorized vessel list.

SPRFMO met for its 11th annual meeting, February 13-17, 2023 in Manta, Ecuador. As a result

of U.S. leadership, several key decisions were made that will improve monitoring and control of

fishing in the South Pacific, including a U.S. proposal for a comprehensive measure governing

high seas boarding and inspection in the South Pacific. Adoption of this historic proposal is the

culmination of efforts by the United States to achieve greater surveillance and monitoring over

fishing activities in the Convention Area. The measure sets forth general obligations; boarding

and inspection procedures; and provisions regarding interpretation and implementation,

participation, and the use of force. The measure also establishes provisions for inspection

reports, serious violations, enforcement, annual reporting to the Commission, Commission

coordination and oversight, and provisions regarding settlement of disagreements.

The organization also took an important step towards controlling fishing levels in the jumbo

flying squid jigging fishery. A working group chaired by the United States reconciled five

competing proposals and led the drafting of a compromise measure that was adopted by

consensus. The Commission adopted a measure that, for the first time, establishes a limit on the

number and gross tonnage of vessels fishing for jumbo flying squid with jigging gear that can be

deployed by the members currently participating in the fishery in the Convention Area (China,

Chinese Taipei, and Korea).

Other key decisions at SPRFMO’s 2023 meeting included the adoption of a U.S. proposal aimed

at ensuring the Commission and its Scientific and Compliance and Technical Committees

consider climate change as a standing agenda item.

Western and Central Pacific Fisheries Commission

In 2021 and 2022, the Western and Central Pacific Fisheries Commission (WCPFC) adopted

several measures related to IUU fishing, bycatch, transshipment observer reporting requirements,

and climate change, and continued discussions to address crew labor standards.

In 2021, WCPFC extended its compliance monitoring scheme – which was set to expire that year

– through 2023. In 2022, WCPFC strengthened its compliance monitoring review, and agreed to

resume 100% observer coverage in the purse seine fishery in 2023 as COVID-19 concerns eased.

In 2022, the United States proposed and secured a WCPFC decision to require transshipment

observers to provide observer reports and data to the science provider and Secretariat, improving

the Commission’s oversight and compliance monitoring of transshipment activity in the WCPFC

Convention Area.

To reduce the impacts of bycatch on PLMR, WCPFC adopted best practices for the safe handling

and release of cetaceans in 2021 and corresponding graphics to communicate the newly adopted

best practices to vessel crew and observers in 2022. Additionally, in 2021, WCPFC agreed to

mitigate the risk of PLMR entanglement in fish aggregating devices (FADs) by requiring non-

entangling FAD materials and designs starting in 2024.

In 2021, the United States submitted a proposal to amend WCPFC’s shark conservation measure,

but it was not adopted. In 2022, the United States revised its proposal and this co-sponsored

proposal was adopted. The revised CMM prohibits the use of shark lines and wire trace as

branchlines in longline fisheries within 20 degrees of the equator beginning in 2024, and also

requires the safe handling and release of incidentally caught sharks by longline vessels within the

Convention Area.

The United States continued to actively engage and provide input in intersessional meetings to

develop a binding CMM on crew labor standards in 2021 and 2022.

In 2022, building on the U.S. proposal, WCPFC agreed to include climate change as a standing

agenda item for all future meetings of the Commission and its subsidiary bodies.

VII. Initiatives to Improve International Fisheries

Management

National Security Memo on IUU Fishing

In June 2022, the President signed a National Security Memorandum (NSM) on Combating

Illegal, Unreported, and Unregulated Fishing (IUU fishing) and Associated Labor Abuses.

NOAA played a key role in the early conceptualization, drafting, and roll-out of the NSM and is

an integral agency in achieving several of its goals. NSM 11 outlined the policy of the

Administration to address IUU fishing, including by distant water fishing vessels, and associated

labor abuses, including the use of forced labor in the seafood supply chain.

The memo directs executive departments and agencies to work towards ending forced labor and

other crimes or abuses associated with IUU fishing; promote sustainable use of the oceans in

partnership with other nations and the private sector; and advance foreign and trade policies that

benefit U.S. seafood workers. NOAA is mentioned throughout the document as either lead or

collaborator for a majority of the activities; e.g., engaging with RFMOs to encourage the

adoption of strong monitoring, control, and surveillance measures, encouraging the adoption of

and providing fisheries enforcement training to support the operational implementation of the

Agreement on Port State Measures (PSMA) to Prevent, Deter, and Eliminate IUU Fishing, and

seeking resources to deploy fisheries enforcement representatives to posts to support regional

efforts to combat IUU fishing and build capacity for monitoring, control and surveillance. NSM

11 further directs agencies to increase coordination among themselves and with diverse

stakeholders – public and private, foreign and domestic – to address these challenges

comprehensively. One avenue for domestic coordination highlighted by the document is the

Interagency Working Group on IUU Fishing formed in response to the Maritime SAFE Act.

Maritime SAFE Act

The Maritime Security and Fisheries Enforcement Act (Maritime SAFE Act) was signed into law

on December 20, 2019 with the overarching purpose of supporting a whole-of-government

approach across the Federal Government to counter IUU fishing and related threats to maritime

security.

The Maritime SAFE Act established an Interagency Working Group on IUU Fishing made of 21

federal agencies to work toward reducing IUU fishing globally. The Working Group agencies

represent economic, operational, and diplomatic means to combat IUU fishing. The Working

Group sets up mechanisms for these agencies to share information, pool their expertise and

coordinate efforts, provide technical assistance, and collectively work with governments,

authorities, and the private sector to address these threats.

Please find the National Security Memo online at this website: https://www.whitehouse.gov/briefing-

room/presidential-actions/2022/06/27/memorandum-on-combating-illegal-unreported-and-unregulated-fishing-and-

associated-labor-abuses/

In October 2022, the Working Group submitted to Congress its National Five-Year Strategy for

Combating IUU Fishing 2022-2026.

The Strategy outlines priorities and objectives for the

Working Group to engage in priority regions and with priority flag States and administrations, as

well as measures to increase governmental and regional capacity to implement and enforce

domestic regulations and international rules and norms to mitigate the effects of IUU fishing.

The Priority Regions are:

Tier One

● South and Central America (Pacific Ocean)

● Gulf of Guinea

● Southeast Asia (Gulf of Thailand, Java Sea, Banda Sea, Celebes Sea)

● Pacific Islands

Tier Two

● Central America and Caribbean (Gulf of Mexico and Caribbean Sea)

● South America (Atlantic Ocean)

● Northwest Africa (Atlantic Ocean)

● Southern and Central Africa (Atlantic and Indian Ocean)

● East Africa (Indian Ocean)

Tier Three

● Middle East and Gulf States (Persian Gulf, Gulf of Oman, Gulf of Aden, Red Sea)

● South Asia (Bay of Bengal)

● East Asia Pacific (East China Sea, Sea of Japan, Sea of Okhotsk)

The Working Group selected five priority flag States and administrations – Ecuador, Panama,

Senegal, Taiwan, and Vietnam – from within the priority regions to be the focus of its counter

IUU fishing engagement, assistance, and resources. These nations and entities were selected

because they demonstrated a willingness and interest to take effective action against IUU fishing

activities associated with its vessels. The United States aims to assist the five to become self-

sufficient, regional leaders in the fight against IUU fishing.

More recently, the IWG developed an implementation plan that organizes sub working groups on

Maritime Intelligence Coordination, Labor, and four regional sub-working groups – Latin

America and the Caribbean, Africa, Southeast Asia, and Pacific Islands – to serve as the fora to

coordinate the efforts of the U.S. government in the relevant areas and issues, as well as

identifying, developing, and supporting public-private partnerships that can support this work.

IUU Fishing Action Alliance

At the 2022 UN Ocean Conference, the United States along with Canada and the United

Kingdom founded the IUU Fishing Action Alliance (the Alliance), a coalition of Governments

and leading organizations committed to ending IUU fishing. The Alliance consists of State

governments, non-governmental organizations, and industry leaders from around the world. It is

To access the National Strategy, please visit the following website:

https://media.fisheries.noaa.gov/2022-10/2022_NationalStrategyReport_USIWGonIUUfishing.pdf

committed to tackling IUU fishing through a coordinated, global approach. Membership has

expanded to include several more nations and entities, and outreach continues to further expand

pledge members and supporters.

Alliance members strive to be leaders in their respective countries by enacting and enforcing

effective fisheries regulations, investing in monitoring and surveillance technologies, and

promoting sustainable fishing practices. Members also intend to coordinate efforts

internationally to combat IUU fishing while also sharing information and best practices. The

Alliance will work to promote implementation of international regulations and policies, to

encourage greater transparency in the seafood supply chain, and to engage with governments and

other stakeholders to encourage action, in particular through RFMOs.

The Alliance and will work to identify and ensure that competent authorities take action against

those who engage in or profit from IUU fishing, including vessels, companies, and individuals.

Efforts to Address Forced Labor

NMFS strongly condemns labor abuses of any kind throughout the seafood supply chain, and

supports the need for decent work conditions within the fishing industry, including for observers

and vessel crew. NMFS has taken or promoted action to address these issues in several regional

and global fora, and is working with our domestic interagency partners to identify and respond to

allegations of labor abuses in the seafood supply chain.

NMFS, in cooperation with our interagency partners, continues to advocate for strengthening

global guidance on labor standards at FAO, including the development of guidance for industry

to promote social sustainability across its supply chains. In RFMOs, including at WCPFC and

ICCAT, NMFS has been a leading advocate to develop measures and advance multilateral

conversations to end forced labor and ensure that workers in these RFMO members’ fleets have

access to safe and legal working conditions. WCPFC passed a non-binding resolution in 2018

that identified key policies and provisions to promote crew welfare and safety within its

fisheries. In 2021, WCPFC initiated an intersessional process with the goal to promote

discussion among members and enable information sharing, as well as to foster the development

of a binding measure on labor related issues. In 2021, ICCAT adopted a U.S. proposal to

establish a labor standards working group. The working group, chaired by the United States,

held its first intersessional meetings in 2022, where the International Labor Organization (ILO)

presented on its work in the seafood industry and CPCs discussed approaches to addressing

illegal labor conditions in their fisheries. During its second intersessional meeting, the U.S.

Chair put forward a draft non-binding resolution for consideration by the working group – this

resolution remains under development. More info on these advancements in WCPFC and

ICCAT are described in Chapter 6 of this report.

Additionally, NMFS, in concert with the Departments of Homeland Security, Justice, Labor, and

State, works to combat illegal labor practices, and supports efforts to ensure goods made with

forced labor do not enter U.S. markets. For example, NMFS works with Customs and Border

Protection (CBP) and other agencies to identify potential forced labor practices and violations

aboard fishing vessels, as well as products that may have been produced using forced labor.

CBP can subsequently prevent merchandise produced in whole or in part in a foreign country

using forced labor from being imported into the United States.

NMFS, in coordination with the Departments of State and Labor, established the Sub-Working

Group on Labor in the Seafood Supply Chain, including Forced Labor, in 2021 as a subsidiary

body of the U.S. Interagency Working Group on IUU Fishing. The Sub-Working Group’s

mission is to develop and facilitate a comprehensive U.S. Government response to identify and

address labor abuses, including forced labor, in the fishing industry. Currently, the Sub-Working

Group is making progress on addressing recommendations from several reports to Congress,

including the Department of State and NOAA’s Human Trafficking in the Seafood Supply Chain

Section 3563 of the National Defense Authorization Act for Fiscal Year 2020 Report to

Congress,

and the Department of Justice’s “Task Force on Human Trafficking in Fishing in

International Waters” Report to Congress (January 2021).

CALM-CS

In October 2022, NMFS launched a new public-private initiative, the Collaborative Accelerator

for Lawful Maritime Conditions in Seafood (CALM-CS). CALM-CS aims to promote legal and

safe working conditions, and support tangible actions to fight labor abuses across the seafood

industry. This work spans the seafood supply chain, with the goal of making demonstrative and

meaningful progress on labor concerns within a 15-month timeframe, ending in early 2024.

CALM-CS’ actions are not government-driven or regulatory in nature. Rather, the initiative is

supporting progress in industry, civil society, and beyond.

To achieve these objectives, CALM-CS is engaging with a broad group of collaborators with

experience in labor and fisheries both domestically and internationally. These efforts are

organized across five priority areas: (1) standards and due diligence, (2) data and information to

identify illegal labor practices, (3) tools to support at-risk populations at sea, (4) exploring

potential tools to enhance safety and labor conditions aboard U.S. vessels, and (5) workers’

voice.

CALM-CS is chaired and run by the NMFS’s Office of International Affairs, Trade, and

Commerce, and supported by a leadership team that includes fisheries and labor experts from

NGOs and think tanks (Fishwise, Center for Strategic and International Studies, Issara Institute,

and Global Labor Justice), industry (At-Sea Processors Association), and government

(Department of Labor, NMFS, and U.S. Agency for International Development). There are over

130 registered participants in the CALM-CS groups, including representatives from industry,

retailers, NGOs, labor organizations, and workers.

Marine Mammal Protection Act

The Marine Mammal Protection Act (MMPA) bans importation of fish caught with commercial

fishing technology that results in the incidental kill or serious injury of marine mammals in

excess of U.S. standards. In carrying out this mandate, NMFS promulgated the MMPA import

provisions rule on August 15, 2016, to establish criteria for evaluating a harvesting nation’s

Available at: https://www.fisheries.noaa.gov/international/international-affairs/forced-labor-and-seafood-supply-

chain

regulatory programs for reducing incidental and intentional serious injury and mortality of

marine mammals in foreign commercial fisheries. NMFS also established a five-year exemption

period to provide nations with adequate time to assess marine mammal stocks, estimate bycatch,

and develop regulatory programs to mitigate that bycatch. Due to global challenges encountered

during the COVID-19 pandemic and to provide NMFS with additional time to review and

evaluate applications, the exemption period was extended to December 31, 2023, and the

deadline for comparability finding applications was changed from March 1, 2021, to November

30, 2021.

The List of Foreign Fisheries (LOFF), a comprehensive review of marine mammal bycatch in

foreign fisheries exporting to the United States, is a key element for implementing the MMPA

import provisions rule.

The LOFF reflects the global scale of commercial fisheries from more

than 130 trading partners exporting fish and fish products to the United States, and includes

associated information on marine mammal interactions in the course of foreign commercial

fishing operations.

Each commercial fishery included in the LOFF is classified into one of two categories, “exempt”

or “export,” based upon the frequency and likelihood of incidental mortality and serious injury

(bycatch) of marine mammals in the course of commercial fishing operations. “Exempt”

fisheries have no known, or a remote likelihood of, marine mammal bycatch in the course of

commercial fishing operations. “Export” fisheries have more than a remote likelihood of marine

mammal bycatch or insufficient information available on marine mammal interactions in the

course of commercial fishing operations.

To export fish and fish products to the United States, a fishery must receive a “comparability

finding,” which requires the harvesting nation to prohibit the intentional killing of marine

mammals in the conduct of commercial fishing activities by either “exempt” or “export”

fisheries. For “export” fisheries, the harvesting nation must also maintain a regulatory program

that is comparable to the U.S. regulatory program for reducing incidental marine mammal

bycatch.

Enforcement Training and Capacity Building

By working with our enforcement partners globally, NMFS helps nations and entities to better

detect and interdict IUU fish and fish products before they enter global commerce. These efforts

help to reduce the level of IUU fish and fish products being landed and exported from around the

world, to support sustainable fisheries management, and to level the playing field for participants

in regulated fisheries. By increasing the awareness and competency of global law enforcement

partners to combat IUU fishing, NMFS is seeking to prevent illegal fishing and related unlawful

activities at the source. Throughout 2021 and 2022, NMFS worked with the following nations

and regions to increase their capacity to combat IUU fishing.

To access the LOFF, please visit the following website:

https://s3.amazonaws.com/media.fisheries.noaa.gov/2020-10/LOFF_2020_IAICRS_508.pdf?null

Ecuador: NMFS led a PSMA Managers Workshop and PSMA Inspector Workshop in

partnership with the Vice Ministry of Aquaculture and Fisheries of Ecuador and the United

States Agency for International Development (USAID) in August and September 2022,

respectively. The Managers Workshop brought together government authorities to increase

interagency knowledge of PSMA requirements, improve interagency coordination, and improve

regional cooperation in PSMA implementation.

Following the Managers Workshop, NMFS led a PSMA Inspector Workshop that targeted

Ecuadorian fisheries inspectors and included participants from the Vice Ministry of Aquaculture

and Fisheries. The participants received hands-on and scenario-based instruction on

implementation of the PSMA.

Indonesia: In August 2022, NMFS gave a presentation to a delegation from Indonesia as part of

the Department of State's International Visitor Leadership Program. The delegation received an

overview of the NMFS missions and priorities, with a particular focus on its international

capacity building efforts. The delegation included representatives from the marine police, search

and rescue, and NGO organizations.

Peru: NMFS led a PSMA Managers Workshop in partnership with the Ministry of Production

of Peru in August 2022. The training included Peruvian participants as well as virtual

participants attending from Columbia, Ecuador, and INTERPOL.

Philippines: NMFS led a PSMA Peer-to- Peer Exchange in partnership with the Philippine’s

Bureau of Fisheries and Aquatic Resources (BFAR) and the Department of State Bureau of

International Narcotics and Law Enforcement Affairs (INL) in November 2022. The purpose of

this engagement was to initiate the drafting of a five-year work plan with BFAR and other

Philippine agencies that have a nexus to the PSMA and counter IUU fishing. NMFS met with

personnel from the Central Fisheries Office and two regional inspection offices. The Peer-to-

Peer Exchange focused on PSMA and BFAR’s implementation of the treaty since becoming a

party to it in 2018. BFAR requested NMFS assistance with developing a manual of operations

for implementation of the PSMA in 2023. This request included assistance with process

improvement to increase communication between BFAR and the Philippine Bureau of Customs

during PSMA inspections.

In November 2022, NMFS gave a presentation to a delegation from the Philippines as part of the

Department of State's International Visitor Leadership Program. The delegation received an

overview of NMFS’ mission with a particular focus on its international capacity building efforts.

The delegation was part of the Improving Monitoring and Management of Marine Ecosystems

project. This project examines the importance of using scientific technology, data, and

enforcement best practices to manage and enforce the protection of marine resources, improve

food security, and combat IUU fishing.

NMFS participated in a joint Enforcement Seminar with the U.S. Coast Guard in November

2022. NMFS presented a PSMA training module and participated in discussions on PSMA and

IUU fishing with seminar participants. The seminar had representatives from Philippine Coast

Guard, BFAR, and the Philippines National Police.

Thailand: NMFS led a PSMA Inspectors Training Workshop and vessel boarding exercise in

partnership with Thailand’s Department of Fisheries, the Southeast Asian Fisheries Development

Center (SEAFDEC), and the National Marine Sanctuaries Foundation, in September 2022.

Participants included 25 fisheries inspectors from Thailand’s Department of Fisheries

Headquarters office and regional inspection offices.

NMFS co-led the Fisheries Enforcement and Prosecution Course in partnership with U.S. Coast

Guard and INL’s International Law Enforcement Academy. The workshop utilized a newly

developed USCG/NOAA counter-IUU fishing curriculum modified to include a module on

prosecution. The course’s 25 participants included a variety of law enforcement and prosecutors

from Indonesia, Philippines, Malaysia, Thailand, and Timor Leste.

Vietnam: NMFS led a virtual PSMA Basic Workshop in partnership with Vietnam’s Directorate

of Fisheries (DFISH), USAID’s Regional Development Mission for Asia (RDMA), and INL in

December 2021. Participants included 52 fisheries inspectors and staff from seven Vietnamese

government agencies. They received training on Operational Requirements of the PSMA and

participated in a practical exercise.

NMFS led a virtual PSMA Investigation Techniques Workshop in partnership with DFISH,

USAID’s RDMA, and INL in March 2022. Participants included 45 fisheries inspectors and

staff from seven Vietnamese government agencies. They received training on interviewing,

electronic sources of information, and evidence collection. The training culminated in a table-

top exercise designed to help participants identify resources, agencies, and planning needs

necessary to investigate IUU fishing incidents.

NMFS led a PSMA Vessel Boarding Exercise Workshop, in partnership with USAID’s RDMA,

INL, and DFISH in July 2022. Participants included fisheries inspectors and staff from nine

Vietnamese government agencies. The in-person vessel boarding exercises rounded out previous

virtual workshops, giving participants a hands-on opportunity to practice their newly acquired

skills and knowledge. Thirty-five students participated over the three-day training, which

included PSMA refresher presentations, three hands-on inspection scenarios, and several relevant

case study discussions.

NMFS, with support from USAID-RDMA, participated as instructors for “The Regional

Training on Port State Measures inspection with a Focus on Shipping Containers for Fish and

Fisheries Products.” This training was organized and sponsored by the SEAFDEC Training

Department, the Association of Southeast Asian Nations (ASEAN), and JTF-Fisheries Agency

Japan. This workshop, conducted in September 2022, included 14 participants from seven

ASEAN member states to learn best practices for the inspection of shipping containers that are

suspected of containing IUU fisheries products.

Other Capacity Building Efforts

NMFS research continues to focus on assessing and reducing incidental PLMR bycatch through

the development and testing of bycatch reduction technologies; this effort complements NMFS’

domestic efforts to conserve these species. For example, NMFS has supported work in Spain

and Brazil to better understand the post-release mortality of sea turtles caused by decompression

sickness in trawl fisheries in the Southwest Atlantic Ocean. As NMFS continues to collect more

information about these post-interaction mortality rates with international partners, the agency

will be able to identify possible ways to address this critical conservation issue.

In collaboration with foreign partners in Indonesia, Mexico, Trinidad and Tobago, and the

Philippines, the U.S. government has sponsored research to assess bycatch in coastal fishing

fleets and to transfer bycatch reduction technologies. One technology that is being

collaboratively tested, net illumination, has been shown to significantly decrease bycatch of sea

turtles, marine mammals, elasmobranchs, and seabirds while not affecting catch rates or market

value in coastal gillnet fisheries. Similarly, in Chile, NMFS has supported efforts to reduce

bycatch in artisanal fleets targeting swordfish, specifically through rapid bycatch assessments,

learning exchanges among fishermen, and circle hook design experiments.

In addition, NOAA is supporting efforts in Southeast Asia to combat the illegal wildlife

trafficking of sea turtles. A regional focus has been NOAA’s leadership in the Asia-Pacific

Marine Turtle Genetics Working Group, which aims to enhance technical capacity to conduct

turtle genetic studies in the Southeast Asia and Western Pacific region. The working group will

support technical training of genetic tools that will help connect seized marine turtles and turtle

products with their source rookeries as well as evaluating the risks of fisheries bycatch and direct

capture to particular turtle populations. In the Philippines, NOAA has partnered with local and

federal authorities to develop a database of interdiction records that catalog the number of sea

turtles apprehended. Stockpiles of seized sea turtles have been cataloged, with genetic samples

taken for further analysis to determine their origin. This work will be vital to better understand

illegal trade routes and support enforcement efforts.

VIII. Report on International Bycatch Reduction

Agreements (Section 202(h))

The following information was previously reported to Congress in the Report to Congress on

U.S. Fisheries Bycatch Reduction Standards and Measures Relevant to Section 202(H) of the

Magnuson-Stevens Fishery Conservation and Management Act. However, the Consolidated

Appropriations Act, 2023 (Public Law 117-328) requires the Secretary of Commerce to include

information on international bycatch reduction agreements in this Biennial Report to Congress.

Section 202(h)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (MSA)

states that “The Secretary of State, in cooperation with the Secretary [of Commerce], shall seek

to secure an international agreement to establish standards and measures for bycatch reduction

that are comparable to the standards and measures applicable to United States fishermen for such

purposes in any fishery regulated pursuant to this Act for which the Secretary, in consultation

with the Secretary of State, determines that such an international agreement is necessary and

appropriate." Similar provisions are contained in both the Marine Mammal Protection Act

(MMPA) and the Endangered Species Act (ESA).

Section 202(h)(3) of the MSA requires that the Secretary of Commerce, in consultation with the

Secretary of State, submit annually to the Senate Committee on Commerce, Science, and

Transportation and the House Committee on Natural Resources a report describing actions

pursuant to Section 202(h) of the Act. Since 2022, the United States has not entered into any

new bilateral bycatch reduction agreements. Nonetheless, the United States continues to be a

leader, bilaterally and multilaterally, to reduce bycatch globally, in addition to actively pursuing

cooperative research and scientific activities related to bycatch, as highlighted in this Report.

IX. Report on Foreign Large-Scale High Seas Driftnet

Fishing (Section 206)

The following information was previously reported in a different publication. However, the

Consolidated Appropriations Act, 2023 (Public Law 117-328) requires the Secretary of

Commerce to include information on foreign large-scale high seas driftnet fishing in this

Biennial Report to Congress.

Section 206(e) of the MSA directs the Secretary of Commerce, in consultation with the Secretary

of State, to include in this biennial report to Congress a description of the actions taken to carry

out the provisions of Section 206, including (1) an evaluation of the progress of those efforts, the

impacts on living marine resources, including available observer data, and plans for further

action; (2) a list and description of any new fisheries developed by nations that conduct, or

authorize their nationals to conduct, large-scale driftnet fishing beyond the EEZ of any nation;

and (3) a list of nations that conduct, or authorize their nationals to conduct, large-scale driftnet

fishing beyond the EEZ of any nation in a manner that diminishes the effectiveness of or is

inconsistent with any international agreement governing large-scale driftnet fishing to which the

United States is a party or otherwise subscribes.

As of December 31, 2022, the United Nations General Assembly (UNGA) global moratorium on

large-scale high seas driftnet fishing has been in effect for 30 years. International

implementation of the moratorium in the world's oceans and enclosed and semi-enclosed seas

continues to be successful. A detailed evaluation of the impacts of large-scale high seas driftnet

fishing on salmonids, marine mammals and birds, tuna and non-salmonid fishes, and marine

turtles was provided in the 1992 report to Congress under 16 U.S.C 1826(e). The evaluation was

based on catch data from the 1989-1992 scientific driftnet monitoring programs with Japan,

Taiwan, and Korea. However, an enormous amount of North Pacific ecosystem data resulted

from the driftnet scientific monitoring programs. Analyses and interpretation of these data

continued through 1994 and descriptions of such research were included in the 1993 and 1994

driftnet reports. With the advent of the UNGA moratorium on large-scale high seas driftnet

fishing, legal sources for scientific data collected through use of this type of fishing gear

disappeared.

In 2020, 2021, and 2022, no new evidence came to light indicating any nation authorized their

vessels or nationals to conduct large-scale high seas driftnet fishing. The Secretary has not

identified, pursuant to the High Seas Driftnet Fisheries Enforcement Act (16 U.S.C. §§ 1826a –

1826c), any nation that conducts, or authorizes its nationals to conduct, large-scale driftnet

fishing beyond the EEZ of any nation in a manner that diminishes the effectiveness of, or is

inconsistent with, any international agreement governing large-scale driftnet fishing to which the

United States is a party or otherwise subscribes.

It is likely that, at least in the near term, enforcement operations have significantly curtailed this

highly destructive practice in the North Pacific.

Enforcement efforts to detect and deter unauthorized large-scale high seas driftnet fishing is

reported annually to Congress in the Report of the Maritime Security and Fisheries Enforcement

Act Interagency Working Group on IUU Fishing Regarding Efforts to Investigate, Enforce, and

Prosecute Illegal, Unregulated, and Unreported Fishing. Efforts to deter nations from

authorizing large-scale high seas driftnet fishing have been and will continue to be reported

biennially to Congress in other sections of this report.

Appendix 1. International Fisheries and Related

Agreements and Organizations

To provide basic knowledge of the multilateral agreements, RFMOs, and related international

organizations concerning living marine resources of which the United States is a member or that

are of substantial interest to the United States, a list of many such organizations and agreements,

with brief descriptions, follows.

Global

United Nations Convention on the Law of the Sea. This treaty sets the jurisdictional framework

and rules for the use and management of the oceans, including general requirements concerning

marine conservation. The Convention currently has 168 parties; the United States is not yet a

party, but views many Convention provisions, including those related to fisheries, as reflecting

customary international law, and operates consistently with those provisions.

Agreement for the Implementation of the Provisions of the United Nations Convention on the

Law of the Sea Relating to the Conservation and Management of Straddling Fish Stocks and

Highly Migratory Fish Stocks. This agreement provides more specific rules for the conservation

and management of straddling and highly migratory fish stocks, including application of the

precautionary approach, ecosystem-based management, a requirement that nations with vessels

fishing on the high seas either join the appropriate RFMO or apply the CMMs established by that

RFMO to its fishing vessels, and other similar requirements.

Agreement to Promote Compliance with International Conservation and Management Measures

by Fishing Vessels on the High Seas (FAO Compliance Agreement). This agreement requires

flag States to exercise control over their vessels on the high seas to ensure they follow applicable

conservation and management regulations. The agreement was adopted in 1993 and entered into

force in 2003. It has 42 parties, including the United States.

Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and

Unregulated Fishing (PSMA). This agreement requires parties to take actions to prevent IUU

fish and fish products from entering the stream of commerce. Parties must restrict port entry and

access to port services to vessels that have engaged in IUU fishing, with certain exceptions and

there are currently 75 parties to the Agreement, including the EU.

FAO Code of Conduct for Responsible Fisheries. This non-binding document, prepared in 1995,

sets forth principles and international standards of behavior for responsible fisheries practices, to

ensure effective conservation, management, and development of living aquatic resources.

International Whaling Commission. The IWC was established under the International

Convention for the Regulation of Whaling in 1946. The primary function of the IWC is to

regulate whaling to ensure proper and effective conservation and development of whale stocks.

The Commission currently has 88 parties, including the United States.

Convention on International Trade in Endangered Species of Wild Fauna and Flora. CITES is a

multilateral treaty that provides protection for certain species of wild fauna and flora, including

certain living marine species, against over-exploitation through regulation of international trade.

Under CITES, species are listed in Appendices according to their conservation status: Appendix

I (threatened with extinction); Appendix II (may become threatened with extinction unless trade

is strictly regulated); and Appendix III (species that any party identifies as being subject to

regulation within its jurisdiction for the purpose of preventing or restricting exploitation, and that

need the cooperation of other parties in the control of trade). Currently, there are 183 parties to

CITES: 182 nations, including the United States, and one regional economic integration

organization, the EU.

Agreement on the Conservation of Albatrosses and Petrels. ACAP, a legally binding agreement,

was established under CMS (see Part VIII.A); it has 13 parties. Its purpose is to achieve and

maintain a favorable conservation status for albatrosses and petrels. ACAP parties work to

enhance the understanding of the conservation status of albatrosses and petrels and their

susceptibility to a range of threats, as well as to promote effective means of mitigating those

threats. Although not a party, the United States participates in ACAP meetings as an observer.

Memorandum of Understanding on the Conservation of Migratory Sharks. This non-binding

instrument, negotiated under the auspices of the CMS, provides an international framework for

coordinating sustainable management and conservation efforts for seven species of migratory

sharks.

Western Hemisphere

Inter-American Convention for the Protection and Conservation of Sea Turtles. This treaty is the

only binding convention for the protection and conservation of sea turtles in the world. It

specifically protects six of the seven species of sea turtles: loggerhead, green, leatherback,

hawksbill, olive ridley, and Kemp’s ridley. This Convention entered into force in 2001 and has

16 parties, including the United States.

Specially Protected Areas and Wildlife Protocol (SPAW Protocol). The United States is a party,

along with 24 other countries, to the SPAW Protocol of the Convention for the Protection and

Development of the Marine Environment in the Wider Caribbean Region, otherwise known as

the Cartagena Convention. The Convention and its protocols cover the marine environment of

the Gulf of Mexico, Caribbean Sea, and adjacent areas of the Atlantic Ocean. The SPAW

Protocol constitutes a legal commitment by contracting parties to protect and manage their

common coastal and marine resources, including threatened and endangered species,

individually, jointly, and in a sustainable manner.

Atlantic Ocean

International Commission for the Conservation of Atlantic Tunas. ICCAT is responsible for,

among other things, developing and adopting binding conservation and management measures

for tuna and tuna-like species in the Atlantic Ocean and adjacent seas. ICCAT has 52 contracting

parties, including the United States, plus five cooperating non-members.

North Atlantic Salmon Conservation Organization. This RFMO has jurisdiction over salmon

stocks migrating beyond areas of coastal State jurisdiction in the Atlantic Ocean north of 36° N

throughout their migratory range. It has seven parties, including the United States.

North East Atlantic Fisheries Commission. The area covered by the NEAFC Convention

stretches from the southern tip of Greenland, east to the Barents Sea, and south to Portugal.

NEAFC has six members and three cooperating non-members.

Northwest Atlantic Fisheries Organization. NAFO’s Convention Area is located within the

waters of the Northwest Atlantic Ocean roughly north of 35° N and west of 42° W. The

principal species managed are cod, flounders, redfish, American plaice, Greenland halibut

(turbot), capelin, shrimp, hake, and squid. NAFO has 13 contracting parties, including the

United States.

Southeast Atlantic Fisheries Organization. The SEAFO Convention, which entered into force in

2003, regulates fisheries outside EEZs in the Southeast Atlantic Ocean. Species covered include

fish, mollusks, crustaceans, and other sedentary species, except species subject to coastal State

jurisdiction and highly migratory species. There are currently seven parties. The United States

signed the Convention, but is not a party because no U.S. vessels are actively fishing for

SEAFO-managed species in the area.

Western Central Atlantic Fishery Commission. WECAFC is a regional body established in 1973

under article VI(1) of the FAO Charter. As such, it does not have management authority for

fisheries in the region, but helps members to promote effective conservation, management, and

development of living marine resources within the Wider Caribbean region in accordance with

the FAO Code of Conduct for Responsible Fisheries. WECAFC is composed of 33 countries,

including the United States, and the EU.

Pacific Ocean

Western and Central Pacific Fisheries Commission. The WCPFC manages tuna and other highly

migratory species in the western and central Pacific Ocean. The Convention entered into force in

2004. It currently has 26 members, including the United States; seven participating territories;

and eight cooperating non-members.

South Pacific Regional Fisheries Management Organisation. The Convention on the

Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean

entered into force on August 24, 2012. Its objective is to ensure the long-term conservation and

sustainable use of fishery resources of the South Pacific and to safeguard the marine ecosystems

in which these resources occur. The Convention has 17 members, including the United States.

Two other nations are cooperating non-contracting parties.

North Pacific Fisheries Commission. The goal of the NPFC is to ensure the long-term

conservation and sustainable use of the fisheries resources in the high seas areas of the North

Pacific Ocean, while also protecting the marine ecosystems in which these resources occur. It

establishes a management framework for all fisheries not already covered under existing

international instruments, with a particular focus on bottom fisheries. Once the EU joined in

2020, the Commission has nine members, including the United States, and one cooperating non-

contracting member.

South Pacific Tuna Treaty. This agreement provides U.S. tuna purse seine vessels access to fish

in the waters of the Pacific Island parties to the treaty. Although not a fisheries management

arrangement, it is referenced in this report because it contains some important and forward-

looking monitoring and control provisions, including observer and VMS requirements. The

treaty has 17 parties, including the United States. It is administered by the Forum Fisheries

Agency, composed of the 16 Pacific Island parties. In December 2016, the United States and

Pacific Island parties signed a revised treaty that is awaiting ratification.

Inter-American Tropical Tuna Commission. The IATTC manages tunas, tuna-like species, and

other species taken by tuna-fishing vessels in the Eastern Pacific Ocean. The Commission has

21 members, including the United States, plus five cooperating non-members.

Agreement on the International Dolphin Conservation Program. This agreement establishes

legally binding mechanisms to reduce dolphin mortality in the tuna purse seine fishery in the

Eastern Pacific Ocean to levels approaching zero. The agreement has 14 parties, including the

United States, plus two nations that apply the agreement provisionally.

North Pacific Anadromous Fish Commission. The NPAFC promotes the conservation of

anadromous stocks (salmon) and ecologically related species, including marine mammals,

seabirds, and non-anadromous fish, on the high seas of the North Pacific, the Bering Sea, and the

Sea of Okhotsk, north of 33° N. It has five parties, including the United States.

Convention on the Conservation and Management of Pollock Resources in the Central Bering

Sea. This Convention was established to conserve and manage pollock resources in the high seas

area of the Bering Sea (the “donut hole”). It has six parties, including the United States.

Pacific Salmon Commission. The PSC implements the United States-Canada Pacific Salmon

Treaty. Four commissioners and four alternates from each nation represent the interests of

commercial and recreational fisheries as well as federal, state, and tribal governments. The PSC

provides regulatory advice and recommendations to the two parties with regard to salmon

originating in waters of one nation that are subject to interception by the other, salmon that affect

the management of the other nation’s salmon, and salmon that biologically affect the stocks of

the other nation.

International Pacific Halibut Commission. Established by treaty between the United States and

Canada, the Commission’s mandate covers research on and management of the stocks of Pacific

halibut within Convention waters of both nations. The Commission consists of three

government-appointed commissioners for each nation.

Memorandum of Understanding for the Conservation of Cetaceans and their Habitats in the

Pacific Islands Region. Negotiated under the auspices of the CMS, this non-binding MOU

provides an international framework for coordinated conservation efforts for cetaceans and their

habitats in the Pacific Islands Region. The MOU has 15 signatories, including the United States.

Asia-Pacific Economic Cooperation. APEC is a regional economic forum established in 1989 to

promote balanced, inclusive, sustainable, innovative, and secure growth by accelerating regional

economic integration. APEC has 21 member "Economies" including the United States. The

organization maintains Subfora and Dialogues addressing a range of economic and trade-related

topics, including an Ocean and Fisheries Working Group and a Policy Partnership on Food

Security.

Southern Ocean

Commission for the Conservation of Antarctic Marine Living Resources. With the exceptions of

any commercial seal hunt south of 60° S and all whaling activities, CCAMLR conserves and

manages all marine living resources south of the Antarctic Convergence (varying between 45°S

and 60°S). There are 27 members of the Commission, including the United States. Another 10

countries have acceded to the Convention; these countries have agreed to be legally bound by the

Convention and any CMMs adopted by CCAMLR, but they do not contribute to the budget or

participate in decision-making.

Convention for the Conservation of Antarctic Seals. The Convention is designed to promote and

achieve the protection, scientific study, and rational use of Antarctic seals, and to maintain a

satisfactory balance within the ecological system of Antarctica. It prohibits the killing or capture

of seals in the area south of 60°S, except as specifically provided for in the Convention. It has

14 parties, including the United States.

Arctic Ocean

The Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean (CAO

Fisheries Agreement). The CAO Fisheries Agreement represents a precautionary approach to

the management of high seas fish stocks before commercial fishing begins, and was undertaken

in response to developments in the Arctic due to a changing climate. The Parties agreed to

authorize their vessels to conduct commercial fishing in the CAO only after international

mechanisms are in place to manage any such fishing. In support of this commitment, the

Agreement will establish a joint program of scientific research. The Agreement entered into

force on June 25, 2021; it has 10 parties, including the United States.

Indian Ocean

Indian Ocean Tuna Commission. The aim of IOTC is to ensure the conservation and optimum

utilization of tuna and tuna-like species in the Indian Ocean and its adjacent seas. While there

are general conservation, management, and rebuilding measures, IOTC has only adopted catch

limits for one target stock. IOTC has 30 Members and one Cooperating Non-Contracting Party.

The United States is an observer to IOTC.

Indian Ocean-South East Asian Marine Turtle Memorandum of Understanding. This MOU

operates as a non-binding instrument under the CMS. It provides a framework for the region to

work together to conserve and replenish depleted marine turtle populations for which they share

responsibility. The MOU has 35 signatories, including the United States.

Southern Indian Ocean Fisheries Agreement (SIOFA): The objectives of SIOFA are to ensure

the long-term conservation and sustainable use of the fishery resources in the southern Indian

Ocean through cooperation among members, and to promote the sustainable development of

fisheries in the SIOFA area, taking into account the needs of developing States. The Agreement

entered into force in 2012 and has 10 Parties and one fishing entity. The United States has been

an Observer to SIOFA Meetings of the Parties since 2020.

Mediterranean Sea

General Fisheries Commission for the Mediterranean. This RFMO was established under

provisions of the FAO Constitution. Its main objective is to ensure the conservation and

sustainable use of living marine resources, as well as the sustainable development of aquaculture,

in the Mediterranean and in the Black Sea. It has 23 parties, not including the United States.

Appendix 2. U.S. Laws Relevant to IUU Fishing,

PLMR Bycatch, and Shark Conservation

Magnuson-Stevens Fishery Conservation and Management Act. Originally enacted in 1976, the

MSA, 16 U.S.C. § 1801 et seq., is the foundational legislation for the conservation and

management of fisheries within the U.S. EEZ. Besides establishing the framework for regulating

U.S. fisheries, the Act contains specific and extensive prohibitions and enforcement authorities

to ensure a high rate of compliance with regulations governing both domestic and foreign fishing

within the EEZ.

High Seas Driftnet Fishing Moratorium Protection Act (1995). The original provisions of the

Moratorium Protection Act, 16 U.S.C. §§ 1826d-1826g, prohibit the United States from entering

into international agreements that would prevent full implementation of the UN Moratorium on

Large-Scale High Seas Driftnets. The Act has been amended by the four statutes listed

immediately below.

High Seas Driftnet Fisheries Enforcement Act of 1992. This Act, 16 U.S.C. §§ 1826a-1826c,

seeks to end the use of large-scale driftnets by foreign fisheries operating beyond the EEZ of any

nation. Among other provisions, the Act authorizes identification of nations whose vessels are

engaging in high seas fishing with large-scale driftnets; such identification may lead to

limitations on port entry and on the importation of certain products from those nations.

Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006. The

MSRA, 16 U.S.C. §§ 1826h-1826k, amended the Moratorium Protection Act and directed

substantial attention to fishing issues outside U.S. waters, particularly IUU fishing and PLMR

bycatch. The amended Moratorium Protection Act calls on the Secretary of Commerce to urge

other nations and RFMOs to address IUU fishing and to put into place regulatory measures to

end or reduce PLMR bycatch. Title IV also established an identification and certification

procedure for nations whose vessels engage in IUU fishing, PLMR bycatch, or certain shark

fishing practices.

The James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (2023 NDAA)

(Pub. L. 117-263). The 2023 NDAA included amendments to the Moratorium Protection Act

that affect various aspects of the process and substance of identifications, consultations, and

certifications previously undertaken as part of the Biennial Report to Congress. The

amendments will likely affect the scope of identifications in future reports.

Shark Conservation Act of 2010. The SCA, 16 U.S.C. § 1801 note, amended the Moratorium

Protection Act to promote adoption by RFMOs of shark conservation measures, including

banning removal of any of the fins of a shark and discarding the carcass at sea. The Act

amended the Moratorium Protection Act’s definition of IUU fishing to add an explicit reference

to violation of international shark conservation measures, and to provide for identification of a

nation for activities related to shark conservation.

Illegal, Unreported, and Unregulated Fishing Enforcement Act of 2015. The IUU Fishing

Enforcement Act (P.L. 114-81) amended several existing statutes including the Moratorium

Protection Act to strengthen mechanisms to stop IUU fishing. It increased to three years the

allowable time period for consideration of activities for identification of nations for IUU fishing

or PLMR bycatch. Another amendment made it possible to identify nations for their own actions

or inactions with regard to IUU fishing activities, separate and apart from specific actions of

vessels flagged to the nations. The IUU Fishing Enforcement Act also implemented U.S.

accession to the FAO Port State Measures Agreement, codified at 16 U.S.C. 7401 et seq.

Maritime Security and Fisheries Enforcement Act (2019). The purpose of the Maritime SAFE

Act is to support a whole-of-government approach to counter IUU fishing and related threats to

maritime security. An Interagency Working Group on IUU Fishing has been formed pursuant to

this Act. Comprising 21 agencies, this Working Group serves as the lead body for the U.S.

government in coordinating collaborative actions and facilitating communication and engaging

with stakeholders in efforts to combat IUU fishing and strengthen maritime security.

Ensuring Access to Pacific Fisheries Act (2016). This Act, 16 U.S.C. § 7701 et seq., amended

the Moratorium Protection Act with technical changes to the identification and certification

process. These included a three-year period for identification of a country for certain shark

fishing activities, and making the deadline for the MSRA report June 1 rather than January 12 of

the reporting year.

Lacey Act. The Lacey Act, 16 U.S.C. §§ 3371-3378, prohibits the import, export, transport, sale,

possession, or purchase in interstate or foreign commerce of any fish or wildlife taken,

possessed, transported, or sold in violation of any U.S. federal or state law or regulation or of any

foreign law. The two-part prohibition requires evidence of a violation of domestic or foreign

law, and also evidence of trafficking. The United States has used the law to prosecute foreign

individuals who import fish caught without authorization in another country’s EEZ.

Marine Mammal Protection Act. The MMPA, 16 U.S.C. § 1361 et seq., aims to reduce the

incidental kill or serious injury of marine mammals in the course of commercial fishing to

insignificant levels, approaching zero. The Act prohibits “taking” (actual or attempted

harassment, hunting, capture, or killing) and importation into the United States of marine

mammals except where explicitly authorized. The MMPA also bans the importation of fish

caught with commercial fishing technology that results in the incidental kill or serious injury of

marine mammals in excess of U.S. standards.

Endangered Species Act. This Act, 16 U.S.C. § 1531 et seq., provides for the conservation of

species in danger of extinction throughout all or a significant portion of their range. The Act lists

species as either “threatened” or “endangered.” When a species is endangered, it is protected

from being “taken” (actual or attempted) through harassment, harm, pursuit, hunting, killing,

shooting, wounding, capturing, or collection. Similar prohibitions usually extend to threatened

species. The Act also provides for U.S. implementation of limitations on trade in species listed

under CITES.

Appendix 3. Key Consultation Activities and

Communications

Table 1 and Table 2 below include key events in the consultation process, including the

exchange of critical information or formal correspondence and meetings. These tables do not

enumerate the many emails and other outreach required to arrange and coordinate meetings,

exchange letters, and communicate via diplomatic channels.

Table 1. Key events in IUU fishing consultations for nations and entities identified in the 2021

Report to Congress.

Nation

Date

Description of Interaction

Costa Rica

August 12, 2021

NMFS sent a letter and the Department of State sent a

diplomatic note to inform Costa Rica of its identification and to

initiate consultations.

November 9, 2021

NMFS and Costa Rica met virtually to discuss the basis for the

identification and exchange information about potential

regulatory actions to address the IUU fishing identification.

February 25, 2022

NMFS and Costa Rica met again virtually at a technical level to

discuss specific issues related to the identification.

March 1, 2022

Costa Rica forwarded numerous documents that had been

discussed in the February 25, 2022, consultation, and that NMFS

had requested related to the management of its tuna fisheries and

other relevant regulations.

March 4, 2022

NMFS forwarded ICCAT documents that had been discussed in

the February 25, 2022, consultation related to the management

of its tuna fisheries and other relevant regulations.

March 23, 2023

Costa Rica forwarded a letter that ICCAT had removed Costa

Rica’s ban on the retention of ICCAT species.

April 25, 2022

NMFS requested documentation that Costa Rica developed

regulations for its Caribbean fishery in compliance with relevant

ICCAT measures.

August 11, 2022

Costa Rica provided the requested materials related to

management of its Caribbean fisheries.

August 30, 2022

NMFS and Costa Rica met again at a technical level to discuss

specific issues related to the identification.

August 31, 2022

Costa Rica sent more supporting materials to document

compliance with ICCAT measures.

December 20, 2022

NMFS requested Costa Rica’s draft Caribbean Billfish Plan

Amendment and associated draft regulations for Atlantic marlins

and swordfish.

February 7, 2022

Costa Rica provided numerous documents as requested to

support compliance with ICCAT measures.

March 14, 2023

NMFS sent Costa Rica a letter indicating that the materials

Costa Rica provided during consultations and through

correspondence were sufficient to warrant a preliminary positive

certification determination.

Guyana

August 12, 2021

NMFS sent a letter and the Department of State sent a

diplomatic note to inform Guyana of its identifications for IUU

fishing and bycatch of PLMR and initiate consultations.

October 25, 2021

NMFS held a virtual consultation with Guyana. In advance of

the call, Guyana provided NMFS with a cease order issued to its

only longline operator fishing in ICCAT waters.

July 15, 2022

NMFS held a joint virtual consultation on both IUU fishing and

bycatch of PLMR with Guyana. Guyana provided information

about its ICCAT reporting and confirmed that fishing had ceased

following the cease order issues the previous year.

March 15, 2023

NMFS sent a letter notifying Guyana of its preliminary positive

certification determination.

Mexico

August 12, 2021

NMFS sent a letter and the Department of State sent a

diplomatic note to inform Mexico of its negative certification

determination and new identification, and to initiate

consultations.

January 7, 2022

NMFS sent a letter to CONAPESCA informing it that port

denials had commenced.

February 14, 2022

NMFS held an initial virtual consultation with Mexico to discuss

the negative certification determination.

April 20, 2022

NMFS, U.S. Department of State and USCG met with several

Mexican agencies at the Embassy of Mexico in Washington,

D.C., to discuss lancha incursions into the U.S. EEZ and

possible actions to stop such incursions.

May 6, 2022

NMFS met with personnel from the Mexican Embassy in

Washington to discuss a cooperative approach to addressing

lancha incursions.

May 20, 2022

NMFS met with personnel from the Mexican Embassy in

Washington to discuss a cooperative approach to addressing

lancha incursions.

May 26, 2022

NMFS met with personnel from the Mexican Embassy in

Washington to discuss a cooperative approach to addressing

lancha incursions.

June 15, 2022

NMFS met with personnel from the Mexican Embassy in

Washington to discuss a cooperative approach to addressing

lancha incursions.

August 24, 2022

NMFS and USCG met with personnel from the Mexican

Embassy in Washington to discuss updated lancha inclusion and

interdiction numbers for the year-to-date, and the effectiveness

of measures taken so far.

September 7, 2022

USCG met with SEMAR in Mexico City to discuss future joint

actions to reduce lancha incursions in the U.S. EEZ.

September 13, 2022

NMFS, Department of State and USCG met with SEMAR,

CONAPESCA and embassy personnel at the Mexican Embassy

in Washington to discuss proposals for cooperative action to

decrease the number of lancha incursions in the U.S. EEZ.

November 16, 2022

USCG met with SEMAR in Corpus Christi, Texas, to discuss

future joint actions to reduce lancha incursions in the U.S. EEZ.

February 17, 2023

USCG met with SEMAR and Mexican Embassy personnel

virtually to discuss joint actions to reduce lancha incursions in

the U.S. EEZ.

March 14, 2023

NMFS sent a letter notifying Mexico of its preliminary negative

certification determination.

March 17, 2023

USCG met with SEMAR and Mexican Embassy personnel

virtually to discuss joint actions to reduce lancha incursions in

the U.S. EEZ.

April 17, 2023

USCG met with SEMAR and Mexican Embassy personnel

virtually to discuss joint actions to reduce lancha incursions in

the U.S. EEZ.

May 9, 2023

CONAPESCA sent a letter to NMFS in response to the

preliminary certification determination.

People’s

Republic of

China

(PRC)

August 12, 2021

NMFS sent a letter and the Department of State sent a

diplomatic note to inform the PRC of its identifications and to

initiate consultations.

November 3, 2021

NMFS held a virtual consultation with the PRC to discuss the

core issues of both its IUU fishing identification and its bycatch

of PLMR identification.

November 26, 2021

NMFS transmitted detailed information regarding the IUU

fishing allegations against PRC-flagged vessels as well as a list

of follow-up questions that included requests for documentary

evidence of any investigations into those allegations.

July 25, 2022

NMFS held a second virtual consultation to discuss the IUU

fishing and bycatch identifications with the PRC. At the

meeting, technical experts exchanged more detailed information

about IUU fishing allegations.

September 28, 2022

The PRC sent NMFS a series of documents including written

responses to questions transmitted on November 26, 2021 and

materials related to International Compliance of Tuna Fisheries

and the Comprehensive Implementation of the Assessment of

Compliance on Pelagic Fisheries Companies. These materials

indicated that investigations had taken place but provided no

specific documentation of those investigations.

November 23, 2022

NMFS sent the PRC a request for documentary evidence and

more specific information about investigations and interviews

related to the IUU fishing identifications.

December 29, 2022

The PRC sent NMFS a document describing crew interviews on

board fishing vessels.

January 30, 2023

NMFS sent follow-up questions including a request for written

documentary evidence of interviews.

February 15, 2023

The PRC sent additional materials to NMFS related to

investigations.

March 15, 2023

NMFS sent a letter notifying the PRC of its preliminary negative

certification determination for its IUU fishing identification.

April 11, 2023

NMFS held a virtual consultation with the PRC to discuss

remaining gaps in documentary evidence of investigations into

IUU fishing allegations.

April 29, 2023

The PRC sent additional documents related to investigations into

allegations of IUU fishing.

Russian

Federation

August 12, 2021

NMFS sent a letter and the Department of State sent a

diplomatic note to inform Russia of its identification and to

initiate consultations.

October 12, 2021

Russia sent NMFS a letter stating their preference in using the

U.S.-Russian Intergovernmental Consultative Committee (ICC)

as the forum for the consultations regarding the IUU fishing

identification.

October 22, 2021

NMFS replied to Russia by letter that consultations must

commence as soon as possible, and could not wait for issues

with ICC scheduling to be resolved.

January 25, 2022

NMFS made numerous attempts to schedule a consultation

between October and January, and Russia responded by

reiterating that the ICC is the appropriate forum for this

discussion.

March 24, 2023

The Department of State forwarded a letter from NMFS to the

Russian Embassy in Washington notifying Russia of its

preliminary negative certification determination.

May 4, 2023

Russia sent a letter to NMFS providing information about

vessels listed in the 2021 identification.

Senegal

August 12, 2021

NMFS sent a letter and the Department of State sent a

diplomatic note to inform Senegal of its identification and to

initiate consultations.

November 21, 2021

NMFS and Senegal met virtually to discuss the basis for the

identification and exchange information about potential

regulatory actions to address the IUU fishing identification.

December 3, 2021

NMFS forwarded a list of clarifying questions to Senegal to

verify the reason for identification has been adequately

addressed.

March 3, 2022

Senegal provided answers to the questions NMFS sent, and

included data and maps of the vessels mentioned in the 2021

Report to Congress.

October 24, 2022

NMFS forwarded a second list of clarifying questions to Senegal

to verify the reason for identification has been adequately

addressed.

November 10, 2022

Senegal responded to the questions with information on specific

vessels.

March 14, 2023

NMFS sent Senegal a letter to inform them that the materials

Senegal provided during consultations and through

correspondence were sufficient to warrant a preliminary positive

certification determination.

Taiwan

August 12, 2021

The American Institute in Taiwan (AIT), on behalf of NMFS,

notified Taiwan of its identification and extended NMFS’ offer

to initiate consultations.

November 2, 2021

NMFS held a virtual consultation with Taiwan to discuss its

IUU fishing identification.

November 26, 2021

NMFS sent Taiwan follow-up materials containing details about

the IUU fishing allegations that led to Taiwan’s identification

and a list of questions.

May 25, 2022

NMFS held a virtual consultation with Taiwan that focused on

both IUU fishing and bycatch of PLMR issues. Taiwan shared

information about investigations into allegations of IUU fishing.

July 13, 2022

Taiwan provided NMFS with documentation of investigations

into each of the vessels with IUU fishing allegations against

them.

September 2, 2022

NMFS met with Taiwan in person in Silver Spring, Maryland.

Taiwan shared updates on the ongoing investigations into IUU

fishing allegations and general information on its

implementation of shark conservation measures.

November 11, 2022

Taiwan provided NMFS with written documentary evidence in

the form of investigation reports for all vessels included in its

identification for IUU fishing.

March 22, 2023

NMFS (via AIT) sent Taiwan (via the Taipei Economic and

Cultural Representative’s Office) a letter delivering a

preliminary positive certification determination.

Table 2. Key events in PLMR bycatch consultations for nations and entities identified in the

2021 Report to Congress.

Nation

Date

Description of Interaction

Algeria

August 12, 2021

NMFS sent a letter and the Department of State sent a

diplomatic note to inform Algeria of its identification and to

initiate consultations.

October 25, 2021

Algeria sent a letter to the U.S. Embassy in Algiers with

information on bycatch mitigation practices, which was then

forwarded to NMFS on November 10, 2021.

February 25, 2022

NMFS sent a set of questions to Algeria via the U.S. Embassy

in Algiers requesting more specific information about its

longline fishery.

March 14, 2022

After numerous attempts to schedule a meeting, NMFS and

Algeria met virtually to discuss the basis for the identification

and exchange information about potential regulatory actions to

reduce bycatch of protected living marine resources.

April 12, 2022

NMFS sent a letter to Algeria via the U.S. Embassy in Algiers

again requesting technical information about their longline fleet.

May 24, 2022

The U.S. Embassy in Algiers received a response from Algeria

to the questions submitted by NMFS.

November 28, 2022

NMFS sent a letter to Algeria via the U.S. Embassy in Algiers

requesting information on how Algeria will be implementing

ICCAT 22-12.

March 14, 2023

NMFS sent a letter notifying Algeria of its preliminary negative

certification determination.

April 28, 2023

Algeria sent a letter to NMFS via the U.S. Embassy in Algiers

providing information on actions taken to protect sea turtles.

May 9, 2023

The U.S. Embassy in Algiers met with Algeria to discuss the

identification and preliminary negative certification

determination.

Barbados

August 12, 2021

NMFS sent a letter and the Department of State sent a

diplomatic note to inform Barbados of its identification for

bycatch of protected living marine resources.

February 9, 2022

NMFS and Barbados met for their first virtual consultation

during which the two nations discussed the rationale for

identification, the consultation process, and other relevant

issues. Barbados presented general information about sea turtle

conservation efforts.

June 30, 2022

NMFS and Barbados held a second virtual consultation focused

on technical issues related to sea turtle bycatch mitigation.

November 7, 2022

Barbados joined a hybrid regional bycatch workshop on sea

turtle bycatch and longline fisheries presented by NMFS in Port

of Spain, Trinidad and Tobago, virtually. The workshop

included discussions of U.S. regulations for longline fisheries

and presentations on sea turtle safe handling and release and

gear considerations to mitigate sea turtle bycatch.

November 22, 2022

NMFS sent Barbados a letter requesting a formal update and

any information about its intention to implement ICCAT Rec.

22-12.

March 15, 2023

NMFS sent a letter notifying Barbados of a preliminary

negative certification determination.

May 16, 2023

NMFS held a virtual consultation with Barbados to answer

questions related to the preliminary negative certification

determination. Barbados notified NMFS of its intention to

imminently adopt new regulations.

May 23, 2023

Barbados notified NMFS via a letter from its chief fisheries

officer of its intention to imminently adopt new regulations that

include bycatch mitigation measures for pelagic longline

fisheries.

July 18, 2023

Barbados informed NMFS that regulations were still

undergoing final review and were not yet finalized.

Côte

d’Ivoire

August 12, 2021

NMFS sent a letter and the Department of State sent a

diplomatic note to inform Côte d’Ivoire of its identification and

to initiate consultations.

December 10, 2021

NMFS held a virtual consultation with Côte d’Ivoire.

December 29, 2021

NMFS provided follow-up information about approaches to sea

turtle bycatch mitigation measures requested during the initial

consultation discussion.

July 14, 2022

NMFS held a virtual consultation with Côte d’Ivoire.

October 3, 2022

NMFS sent Côte d’Ivoire materials discussed in consultations

related to highly migratory species regulations to mitigate

bycatch of sea turtles in longline fisheries.

November 22, 2022

NMFS sent Côte d’Ivoire a letter requesting a formal update and

any information about its intention to implement ICCAT Rec.

22-12.

March 15, 2023

NMFS sent a letter notifying Côte d’Ivoire of a preliminary

negative certification determination.

March 23, 2023

Côte d’Ivoire sent NMFS draft regulatory text aimed at

mitigating incidental catches of turtles that takes into account

the provisions of ICCAT Rec. 22-12.

Croatia

August 12, 2021

NMFS sent a letter and the Department of State sent a

diplomatic note to inform Croatia of its identification and to

initiate consultations.

November 10, 2021

The EU informed NMFS that the EC will represent the EU and

all Member States during consultations. (Please refer to the EU

for details of information exchanges related to Croatia’s

identification.)

March 14, 2023

NMFS sent a letter notifying Croatia of a preliminary negative

certification determination.

May 18, 2023

The EU sent information on Croatia’s domestic regulations

regarding sea turtle bycatch.

July 20, 2023

The EU transmitted a letter to NMFS from the Ministry of

Agriculture, Directorate of Fisheries, Republic of Croatia,

attesting that Croatia does not currently authorize and does not

intend to authorize PLL fishing in areas beyond any national

jurisdiction until such time as a regulatory program to mitigate

sea turtle bycatch is in place.

Cyprus

August 12, 2021

NMFS sent a letter and the Department of State sent a

diplomatic note to inform Cyprus of its identification and to

initiate consultations.

November 10, 2021

The EU informed NMFS that the EC will represent the EU and

all Member States during consultations. (Please refer to the EU

for details of information exchanges related to Cyprus’

identification.)

March 14, 2023

NMFS sent a letter notifying Cyprus of its preliminary negative

certification determination.

May 25, 2023

The EU sent information on Cyprus’ domestic regulations

regarding sea turtle bycatch.

Egypt

August 12, 2021

NMFS sent a letter and the Department of State sent a

diplomatic note to inform Egypt of its identification and to

initiate consultations.

January 12, 2022

NMFS held a virtual consultation with Egypt at which

information was exchanged about the basis of Egypt’s

identification.

June 27, 2022

NMFS held a virtual consultation with Egypt to further discuss

the nature of its identification and share technical information

about sea turtle bycatch mitigation measures.

August 28, 2022

Egypt sent NMFS information about its fisheries in response to

technical questions presented by NMFS during consultations.

November 22, 2022

NMFS sent Egypt a letter requesting a formal update and any

information about its intention to implement ICCAT Rec. 22-

12.

January 17, 2023

NMFS held a virtual consultation at Egypt at which Egypt

outlined its plans to implement ICCAT Rec. 22-12 imminently.

January 24, 2023

Egypt sent NMFS a copy of Resolution No 64 for the year 2023

"The Egyptian Measures for the Conservation of Threatened

Marine Creatures (Sea Turtles) in Fisheries in the

Mediterranean and the Red Sea for Vessels Operating in

Egyptian Waters," which requires longline fisheries to use either

large circle hooks or finfish as bait. The resolution was issued

on 22 January 2023 and effective immediately.

March 15, 2023

NMFS sent a letter notifying Egypt of its preliminary positive

certification determination.

European

Union

August 12, 2021

NMFS sent a letter and the Department of State sent a

diplomatic note to inform the EU of its identification and to

initiate consultations.

November 10, 2021

The EU informed NMFS that the EC will represent the EU and

all Member States during consultations.

December 16, 2021

The EU sent the U.S. Department of State a Note Verbale (No.

V/01/2021) regarding its identification in the 2021 Report to

Congress.

January 25, 2022

NMFS sent a list of questions to the EU to fill gaps in

information about binding measures to reduce sea turtle bycatch

in the longline fleets operating in ICCAT waters that apply to

all EU Member States.

February 7, 2022

NMFS and the EU met virtually to discuss the basis for the

identification and exchange information about potential

regulatory actions to address the bycatch identification.

May 2, 2022

At the EU’s request, NMFS sent a list of criteria that the United

States uses in analyzing comparability.

July 28, 2022

NMFS and the EU met again virtually at a more technical level

to discuss specific issues related to the identification.

August 22, 2022

The U.S. Department of State sent a diplomatic note with the

official response to the EU’s No. V/01/2021 to the EU.

November 22, 2022

NMFS sent a letter to the EU requesting information on how the

EU and Member States will be implementing ICCAT 22-12.

November 28, 2022

The EU sent a letter to the NOAA Administrator responding to

the November 22 letter requesting information about entry into

force of ICCAT 22-12.

January 30, 2023

NMFS sent an email requesting verification of whether ICCAT

22-12 would be automatically binding for the EU and Member

States.

March 1, 2023

The EU sent NMFS an email notifying us that the EU is

transposing ICCAT 22-12 into EU law.

March 3, 2023

The EU sent NMFS information on measures identified EU

Member States have taken to mitigate sea turtle bycatch in

ICCAT fisheries.

March 8, 2023

The NOAA Administrator sent a letter to the EU responding to

the November 28 EU letter regarding ICCAT 22-12.

March 14, 2023

NMFS met virtually with the EU to notify the EU and its

identified Member States of preliminary certification

determinations in advance of letters being sent.

March 14, 2023

NMFS sent the EU a letter stating that the materials the EU

provided during consultations and through

correspondence are sufficient to warrant a preliminary positive

certification determination.

April 11, 2023

The EU sent a letter to the NOAA Administrator regarding the

preliminary negative certification determinations for EU

Member States with fishing fleets in the Mediterranean Sea.

April 21, 2023

NMFS and the EU met again virtually to discuss specific issues

related to adoption of ICCAT 22-12 by the Member States with

longline fleets in the Mediterranean Sea.

May 8, 2023

The EU sent another letter to the NOAA Administrator

regarding the preliminary negative certification determinations

for EU Member States with fishing fleets in the Mediterranean

Sea.

France

August 12, 2021

NMFS sent a letter and the Department of State sent a

diplomatic note to inform France of its identification and to

initiate consultations.

November 10, 2021

The EU informed NMFS that the EC will represent the EU and

all Member States during consultations. (Please refer to the EU

for details of information exchanges related to France’s

identification.)

March 14, 2023

NMFS sent a letter notifying France of its preliminary negative

certification determination.

May 18, 2023

The EU sent information on France’s domestic regulations

regarding sea turtle bycatch.

Greece

August 12, 2021

NMFS sent a letter and the Department of State sent a

diplomatic note to inform Greece of its identification and to

initiate consultations.

November 10, 2021

The EU informed NMFS that the EC will represent the EU and

all Member States during consultations. (Please refer to the EU

for details of information exchanges related to Greece’s

identification.)

March 14, 2023

NMFS sent a letter notifying Greece of its preliminary negative

certification determination.

May 18, 2023

The EU sent information on Greece’s domestic regulations

regarding sea turtle bycatch.

Grenada

August 12, 2021

NMFS sent a letter and the Department of State sent a

diplomatic note to inform Grenada of its identification and to

initiate consultations.

May 6, 2021

Following extensive efforts to reach out to Grenada, NMFS held

a virtual consultation with Grenada to present the details of its

identification. Having learned that staff turnover had occurred,

NMFS resent all relevant materials and correspondence

following this initial meeting including requests for information

about Grenada’s fishery.

November 7, 2022

Grenada joined a hybrid regional bycatch workshop on sea

turtle bycatch and longline fisheries presented by NMFS in Port

of Spain, Trinidad and Tobago, virtually. The workshop

included discussions of U.S. regulations for longline fisheries

and presentations on sea turtle safe handling and release and

gear considerations to mitigate sea turtle bycatch.

November 22, 2022

NMFS sent Grenada a letter requesting a formal update and any

information about its intention to implement ICCAT Rec. 22-

12.

March 15, 2023

NMFS sent a letter notifying Grenada of its preliminary

negative certification determination.

May 16, 2023

NMFS held a virtual consultation with Grenada asking for any

information related to Grenada’s fisheries or any information

about potential actions Grenada planned on taking. NMFS

communicated questions in writing in a follow-up email.

Guyana

August 12, 2021

NMFS sent a letter and the Department of State sent a

diplomatic note to inform Guyana of its identifications for IUU

fishing and bycatch of PLMR.

January 6, 2022

NMFS held a virtual consultation with Guyana to discuss its

identification for bycatch of PLMR. Guyana shared information

about its longline fishing and sent written documentation of a

cease order to its operation.

March 30, 2022

Guyana sent written documentation that its one tuna longline

operator had ceased operations.

July 15, 2022

NMFS held a joint virtual consultation on both IUU fishing and

bycatch of PLMR with Guyana. Guyana confirmed that all

longline fishing targeted relevant fisheries had ceased.

November 22, 2022

NMFS sent Guyana a letter requesting a formal update and any

information about its intention to implement ICCAT Rec. 22-

12.

December 15, 2022

Guyana sent a formal letter from its Chief Fisheries Officer

confirming in writing that it does not have any licensed vessels

targeting ICCAT-managed species and that it does not intend to

license any such vessels until it has updated its regulatory

framework.

March 15, 2022

NMFS sent a letter notifying Guyana of its preliminary positive

certification determination.

Italy

August 12, 2021

NMFS sent a letter and the Department of State sent a

diplomatic note to inform Italy of its identification and to

initiate consultations.

November 10, 2021

The EU informed NMFS that the EC will represent the EU and

all Member States during consultations. (Please refer to the EU

for details of information exchanges related to Italy’s

identification.)

March 14, 2023

NMFS sent a letter notifying Italy of its preliminary negative

certification determination.

May 18, 2023

The EU sent information on Italy’s domestic regulations

regarding sea turtle bycatch.

Japan

August 12, 2021

NMFS sent a letter and the Department of State sent a

diplomatic note to inform Japan of its identification and to

initiate consultations.

December 14, 2021

Japan sent NMFS a series of written questions regarding the

Moratorium Protection Act process.

February 18, 2022

NMFS sent written responses to Japan’s questions.

February 24, 2022

NMFS held a virtual consultation with Japan.

April 14, 2022

Japan sent NMFS some requested materials and also sent

additional questions about the report process.

September 6, 2022

NMFS sent written responses to Japan’s questions.

November 22, 2022

NMFS sent Japan a letter requesting a formal update and any

information about its intention to implement ICCAT Rec. 22-

12.

December 15, 2022

Japan sent a letter to NMFS indicating its intention to

implement ICCAT Rec. 22-12 by the end of June 2023.

March 15, 2023

NMFS sent Japan a letter notifying it of a preliminary positive

certification determination conditional on receipt of final

documentation that Japan’s domestic regulations have been

updated to reflect ICCAT Rec. 22-12 or documentation of

regulations that require all ICCAT Recommendations to be

immediately binding on Japanese-flagged longline vessels when

Recommendations enter into force.

May 11, 2023

Japan sent documentary evidence that it had adopted ICCAT

Rec. 2212.

Malta

August 12, 2021

NMFS sent a letter and the Department of State sent a

diplomatic note to inform Malta of its identification and to

initiate consultations.

November 10, 2021

The EU informed NMFS that the EC will represent the EU and

all Member States during consultations. (Please refer to the EU

for details of information exchanges related to Malta’s

identification.)

March 14, 2023

NMFS sent a letter notifying Malta of its preliminary negative

certification determination.

May 18, 2023

The EU sent information on Malta’s domestic regulations

regarding sea turtle bycatch.

Mauritania

August 12, 2021

NMFS sent a letter and the Department of State sent a

diplomatic note to inform Mauritania of its identification and to

initiate consultations.

March 3 , 2022

NMFS and Mauritania met virtually to discuss the basis for the

identification and exchange information about potential

regulatory actions to address the IUU fishing identification.

March 10, 2022

NMFS sent a list of questions to Mauritania following the

consultation to fill gaps in information via the U.S. Embassy in

Nouakchott.

March 18, 2022

Mauritania responded to NMFS’ request for information by

letter.

November 28, 2022

NMFS sent Mauritania a letter requesting information about

Mauritania’s authorization of longline fishing of ICCAT

managed species.

December 15, 2022

Mauritania responded to NMFS by letter.

March 14, 2023

NMFS sent Mauritania a letter stating that the materials

Mauritania provided during consultations and through

correspondence are sufficient to warrant a preliminary positive

certification determination.

Mexico

August 12, 2021

NMFS sent a letter and the Department of State sent a

diplomatic note to inform Mexico of its identification and to

initiate consultations.

February 14, 2022

NMFS held an initial virtual consultation with Mexico to

discuss the bycatch identification.

June 22, 2022

NMFS sent a list of questions to Mexico to obtain information

about regulations in place in the Gulf of Ulloa, and enforcement

of those.

June 28, 2022

NMFS and Mexico met virtually to discuss the basis for the

identification and exchange information about potential

regulatory actions to address the bycatch identification.

October 10, 2022

Mexico sent responses to the questions related to bycatch in the

Gulf of Ulloa.

October 19, 2022

NFMS and Mexico met again virtually to discuss follow-on

questions based on the responses Mexico provided.

November 7, 2022

NMFS posed follow-on questions again to Mexico because

Mexico had not provided complete responses during the virtual

consultation.

January 6, 2023

Mexico provided a partial response to the questions NMFS

posed related to the sea turtle bycatch in the Gulf of Ulloa.

March 14, 2023

NMFS sent a letter notifying Mexico of its preliminary negative

certification determination.

April 18, 2023

NMFS sent Mexico a request to provide documentation that a

sea turtle bycatch regulatory program in the Gulf of Ulloa is

being enforced.

May 13, 2023

NMFS again requested Mexico provide documentation.

June 23, 2023

Mexico provided additional information related to the extension

of the Agreement establishing the fishing refuge area on the

West Coast of Baja California Sur.

Morocco

August 12, 2021

NMFS sent a letter and the Department of State sent a

diplomatic note to inform Morocco of its identification and to

initiate consultations.

January 27, 2022

NMFS held a virtual consultation with Morocco at NMFS

shared information about sea turtle bycatch mitigation measures

and Morocco shared information about relevant initiatives it is

involved in.

June 16, 2022

NMFS held a virtual consultation with Morocco that included

technical experts on both sides.

July 27, 2022

Morocco sent NMFS some materials related to its fishery and

sea turtle conservation efforts.

November 1, 2022

NMFS held a virtual consultation with Morocco during which

technical information about gear and bait mitigation methods

were discussed.

November 22, 2022

NMFS sent Morocco a letter requesting a formal update and any

information about its intention to implement ICCAT Rec. 22-

12.

December 14, 2022

Morocco sent NMFS a letter stating that it has a new regulation

for certain protected species under consideration and it would

inform NMFS when it is published.

March 15, 2023

NMFS sent a letter notifying Morocco of its preliminary

negative certification determination.

May 30, 2023

Morocco provided NMFS with some materials related to new

regulations and decrees pertaining to its high seas fishing fleet.

Namibia

August 12, 2021

NMFS sent a letter and the Department of State sent a

diplomatic note to inform Namibia of its identification and to

initiate consultations.

March 22, 2022

Following numerous outreach attempts, the U.S. Embassy in

Namibia sent a formal communication to aid NMFS in its

outreach to the Government of Namibia.

May 9, 2022

NMFS held a virtual consultation with Namibia at which

Namibia shared information about ongoing initiatives and

industry engagement related to sea turtle bycatch mitigation.

After the meeting, NMFS sent numerous follow-up

communications.

November 22, 2022

NMFS sent Namibia a letter requesting a formal update and any

information about its intention to implement ICCAT Rec. 22-

12.

March 15, 2023

NMFS sent a letter notifying Namibia of its preliminary

negative certification determination.

May 12, 2023

Namibia sent a letter indicating its intention to implement

ICCAT Rec. 22-12.

May 23, 2023

NMFS sent a message to Namibia inquiring about specifics of

its planned adoption of sea turtle bycatch mitigation measures

and a timeline for such efforts.

Portugal

August 12, 2021

NMFS sent a letter and the Department of State sent a

diplomatic note to inform Portugal of its identification and to

initiate consultations.

November 10, 2021

The EU informed NMFS that the EC will represent the EU and

all Member States during consultations. (Please refer to the EU

for details of information exchanges related to Portugal’s

identification.)

March 14, 2023

NMFS sent Portugal a letter stating that the materials

Mauritania provided during consultations and through

correspondence are sufficient to warrant a preliminary positive

certification determination.

People’s

Republic of

China

(PRC)

August 12, 2021

NMFS sent a letter and the Department of State sent a

diplomatic note to inform the PRC of its identification for

bycatch of protected living marine resources in the 2021 Report

to Congress.

November 3, 2021

NMFS held an initial virtual consultation with the PRC during

which the two nations discussed the rationale for identification,

the consultation process, and other relevant issues.

July 25, 2022

NMFS met with the PRC a second time virtually to discuss its

identification and request any documentary evidence of actions

taken. The PRC shared information about its programs and

potential regulation related to sea turtle bycatch mitigation.

September 28, 2022

The PRC provided written information to NMFS related to the

management of its tuna fisheries and other relevant regulations.

November 22, 2022

NMFS sent a letter requesting a formal update from the PRC,

including a request for any information about its intention to

implement a regulatory program comparable in effectiveness to

that of the United States and any information about adopting

ICCAT Recommendation 22-12.

December 29, 2023

The PRC sent written materials to NMFS indicating intent to

update tuna regulations following ICCAT Rec 22-12.

March 14, 2023

NMFS sent a letter to the PRC informing it of a preliminary

positive certification determination, conditional upon receipt of

final regulatory text showing the adoption of ICCAT Rec. 22-

12.

April 11, 2023

NMFS held a virtual consultation with the PRC primarily

focused on the PRC’s IUU fishing identification. However, in

the follow-up to this meeting, NMFS asked for confirmation of

the law that would implement ICCAT Rec. 22012.

April 29, 2023

The PRC sent documentary evidence affirming that it had

adopted ICCAT Rec. 22-12.

Republic of

Korea

August 12, 2021

NMFS sent a letter and the Department of State sent a

diplomatic note to inform the Republic of Korea (ROK) of its

identification and to initiate consultations.

November 4, 2021

NMFS held a virtual consultation with ROK at which both sides

exchanged information about sea turtle bycatch mitigation

measures and relevant technical information.

January 13, 2022

ROK sent draft permit conditions for ICCAT fisheries that

included mitigation measures for sea turtle bycatch.

March 21, 2022

NMFS held a virtual consultation with ROK focused on

technical exchange and discussion of draft permit conditions.

August 19, 2022

ROK sent NMFS updated permit conditions detailing several

gear and bait restrictions.

November 22, 2022

NMFS sent ROK a letter requesting a formal update and any

information about its intention to implement ICCAT Rec. 22-

12.

December 14, 2023

ROK sent NMFS a letter indicating that in addition to the

permit conditions, Article 13 of its Distant Water Fisheries

Development Act outlines what activities its vessels shall

comply with, including all measures at RFMOs.

March 15, 2023

NMFS sent a letter notifying ROK of its preliminary positive

certification determination.

Saint

Vincent

and the

August 12, 2021

NMFS sent a letter and the Department of State sent a

diplomatic note to inform Saint Vincent and the Grenadines of

its identification and to initiate consultations.

100

Grenadines

February 3, 2022

NMFS held a virtual consultation with Saint Vincent and the

Grenadines.

February 10, 2022

Saint Vincent and the Grenadines sent NMFS information about

its fisheries and plans for updating fisheries laws and

regulations.

August 30, 2022

NMFS held a virtual consultation with Saint Vincent and the

Grenadines to exchange technical information and discuss Saint

Vincent and the Grenadines work to overhaul its fisheries

regulations through close collaboration with the FAO.

November 7, 2022

Saint Vincent and the Grenadines joined a hybrid regional

bycatch workshop on sea turtle bycatch and longline fisheries

presented by NMFS in Port of Spain, Trinidad and Tobago,

virtually. The workshop included discussions of U.S.

regulations for longline fisheries and presentations on sea turtle

safe handling and release and gear considerations to mitigate sea

turtle bycatch.

November 22, 2022

NMFS sent Saint Vincent and the Grenadines a letter requesting

a formal update and any information about its intention to

implement ICCAT Rec. 22-12.

December 8, 2022

Saint Vincent and the Grenadines sent a letter to NMFS

indicating its intention to adopt ICCAT Rec. 22-12 following

the update to its regulations but that the timeline of that update

remained uncertain.

January 27, 2023

NMFS held a virtual consultation with Saint Vincent and the

Grenadines that included an update on Saint Vincent and the

Grenadines intention to finalize its draft fisheries regulations in

the first half of 2023.

March 1, 2023

Saint Vincent and the Grenadines informed NMFS that its

progress on updating its fisheries regulations had halted due to a

pause in support from the FAO.

March 15, 2023

NMFS sent a letter notifying Saint Vincent and the Grenadines

of its preliminary negative certification determination.

April 24, 2023

The Embassy of Saint Vincent and the Grenadines in

Washington, DC, sent a letter to NMFS including a formal

request for a meeting and a draft copy of Saint Vincent and the

Grenadines updated Fisheries Act.

May 12, 2023

NMFS held a virtual meeting with the Saint Vincent and the

Grenadines Embassy and representatives from the fisheries

101

department. Saint Vincent and the Grenadines informed NMFS

that work had recommenced on moving the draft Fisheries Law

through its legal processes.

Senegal

August 12, 2021

NMFS sent a letter and the Department of State sent a

diplomatic note to inform Senegal of its identification and to

initiate consultations.

January 18, 2022

NMFS held an initial virtual consultation with Senegal to

discuss the bycatch identification.

September 12, 2022

Senegal sent NMFS a letter confirming that the Minister of

Fisheries has signed off on transposition of ICCAT

recommendations adopted in 2010 and 2013 regarding safe

handling and release.

September 20, 2022

NMFS held a second virtual consultation with Senegal to

discuss the bycatch identification.

November 22, 2022

NMFS sent Senegal a letter requesting a formal update and any

information about its intention to implement ICCAT Rec. 22-

12.

January 12, 2023

Senegal sent a letter to NMFS indicating that Senegal expects

ICCAT Rec. 22-12 will be adopted by June of 2023.

March 14, 2023

NMFS sent a letter notifying Senegal of its preliminary negative

certification.

April 18, 2023

NMFS sent Senegal another request for documentation of

adoption of ICCAT Rec. 22-12.

Spain

August 12, 2021

NMFS sent a letter and the Department of State sent a

diplomatic note to inform Spain of its identification and to

initiate consultations.

November 10, 2021

The EU informed NMFS that the EC will represent the EU and

all Member States during consultations. (Please refer to the EU

for details of information exchanges related to Spain’s

identification.)

March 14, 2023

NMFS sent a letter notifying Spain of its preliminary negative

certification.

May 18, 2023

The EU sent information on Spain’s domestic regulations

regarding sea turtle bycatch.

South

August 12, 2021

NMFS sent a letter and the Department of State sent a

102

Africa

diplomatic note to inform South Africa of its identification and

to initiate consultations.

December 15, 2021

NMFS held a virtual consultation with South Africa.

November 22, 2022

NMFS sent South Africa a letter requesting a formal update and

any information about its intention to implement ICCAT Rec.

22-12.

January 31, 2023

South Africa sent NMFS an email indicating its intention to

adopt ICCAT Rec. 22-12 in its fishing permit conditions for the

fishing year by March.

March 15, 2023

NMFS sent a letter informing South Africa of its preliminary

positive certification determination, conditional on receiving the

aforementioned permit conditions.

May 9, 2023

South Africa sent NMFS a copy of its pelagic longline fishery

permit conditions for the fishing season 2023/2024, which

serves as documentary evidence that South Africa adopted the

mitigation measures in ICCAT Rec. 22-12.

Taiwan

August 12, 2021

The American Institute in Taiwan (AIT), on behalf of NMFS,

notified the Taipei Economic and Cultural Representative

(TECRO), on behalf of Taiwan, of Taiwan’s identification and

extended NMFS’ offer to initiate consultations.

December 8, 2021

NMFS held a virtual consultation with Taiwan at which NMFS

outlined the nature of Taiwan’s bycatch identifications.

May 25, 2022

NMFS held a virtual consultation with Taiwan. Taiwan

presented amendments to its fisheries regulations that had been

published for public comment and were expected to be

implemented soon.

June 13, 2022

Taiwan sent NMFS documentary evidence of its new

regulations related to the bycatch of sea turtles.

September 2, 2022

NMFS met with Taiwan in person in Silver Spring, Maryland.

Taiwan clarified some aspects of its new sea turtle bycatch

regulations.

November 23, 2022

NMFS (via AIT) sent Taiwan (via TECRO) a letter requesting a

formal update and any information about its intention to

implement ICCAT Rec. 22-12.

December 14, 2022

Taiwan sent NMFS a letter confirming that the regulations

103

adopted earlier in the year are sufficient to implement ICCAT

Rec. 22-12.

March 22, 2023

NMFS (via AIT) sent a letter notifying Taiwan of its

preliminary positive certification termination.

Trinidad

and

Tobago

August 12, 2021

NMFS sent a letter and the Department of State sent a

diplomatic note to inform Trinidad and Tobago of its

identification and to initiate consultations.

December 14, 2021

NMFS held a virtual consultation with Trinidad and Tobago at

which NMFS shared information about the identification and

Trinidad and Tobago shared information about its fisheries

legislation, which is under revision.

May 23, 2022

NMFS held a virtual consultation with Trinidad and Tobago to

exchange technical information.

November 7-8, 2022

NMFS held a hybrid workshop on sea turtle bycatch and

longline fisheries in Port of Spain, Trinidad and Tobago. The

workshop included discussions of U.S. regulations for longline

fisheries and presentations on sea turtle safe handling and

release and gear considerations to mitigate sea turtle bycatch.

The day following the workshop, NMFS held meetings at which

it learned more about Trinidad and Tobago’s longline fishery.

November 22, 2022

NMFS sent Trinidad and Tobago a letter requesting a formal

update and any information about its intention to implement

ICCAT Rec. 22-12.

March 1, 2023

Trinidad and Tobago sent NMFS a communication indicating

its intention to adopt ICCAT Rec. 22-12, including binding

measures on its fleet, but also its need to ascertain a specific

regulatory path to do so.

March 15, 2023

NMFS sent a letter notifying Trinidad and Tobago of its

preliminary negative certification determination.

Tunisia

August 12, 2021

NMFS sent a letter and the Department of State sent a

diplomatic note to inform Tunisia of its identification and to

initiate consultations.

May 18, 2022

NMFS held an initial virtual consultation with Tunisia to

discuss the bycatch identification.

July 11, 2022

NMFS sent questions to Tunisia to clarify policies and obtain

more information about Tunisia’s sea turtle bycatch mitigation

104

measures.

November 22, 2022

NMFS sent Tunisia a letter requesting a formal update and any

information about its intention to implement ICCAT Rec. 22-

12.

December 9, 2022

NMFS held a second virtual consultation with Tunisia to

discuss the bycatch identification.

December 14, 2022

NMFS again sent questions to Tunisia to clarify policies and

obtain more information about Tunisia’s sea turtle bycatch

mitigation measures, as well as the letter inquiring about their

intentions with regard to ICCAT Rec. 22-12 via the U.S.

Embassy in Tunis.

February 23, 2023

Tunisia sent responses to the initial series of questions sent in

July 2022 via the U.S. Embassy in Tunis.

March 14, 2023

NMFS sent a letter notifying Tunisia of its preliminary negative

certification determination.

March 31, 2023

NMFS sent a second series of questions based on the responses

Tunisia provided to the first series via the U.S. Embassy in

Tunis.

May 4, 2023

Tunisia sent responses to the second series of questions from

NMFS via the U.S. Embassy in Tunis.

June 2, 2023

NMFS sent another request to clarify Tunisia’s intention to

adopt ICCAT Rec. 22-12 via the U.S. Embassy in Tunis.

Türkiye

August 12, 2021

NMFS sent a letter and the Department of State sent a

diplomatic note to inform Türkiye of its identification and to

initiate consultations.

December 8, 2021

NMFS held an initial virtual consultation with Türkiye to

discuss the bycatch identification.

June 1, 2022

NMFS held a second virtual consultation with Türkiye to

discuss the bycatch identification.

October 18, 2022

NMFS requested additional information about Türkiye’s

longline fleet and the turtle bycatch mitigation strategies.

November 22, 2022

NMFS sent Türkiye a letter requesting a formal update and any

information about its intention to implement ICCAT Rec. 22-

12.

105

December 16, 2022

Türkiye sent a letter to NMFS indicating that Türkiye, as a co-

sponsor of ICCAT Rec. 22-12, will adopt the measure, but did

not specify when.

January 30, 2023

NMFS sent an additional request to clarify when, specifically,

Türkiye will be able to implement ICCAT Rec. 22-12.

February 13, 2023

Türkiye informed NMFS that Türkiye’s legislation would adopt

the provisions of ICCAT Rec. 22-12 in September 2024.

March 14, 2023

NMFS sent a letter notifying Türkiye of its preliminary negative

certification determination.

May 25, 2023

Türkiye sent a letter to NMFS restating that Türkiye will adopt

ICCAT Rec. 22-12 provisions in 2024, ahead of the official

schedule for Mediterranean vessels in 2026.

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Appendix 4. Responses to the Federal Register Notice

Public Input Related to IUU Fishing

In response to the April 14, 2022, NMFS solicitation for information about relevant IUU fishing,

NMFS received information from four sources. Some of that information was not actionable in

this report and some of the information led to identifications included in the preceding pages.

NMFS thanks all those who prepared submissions and finds the information useful, even if not

all actionable in this report.

Public Input Related to Bycatch of PLMR

In response to the April 14, 2022, NMFS solicitation for information about bycatch of PLMRs,

NMFS received information about one nation’s bycatch of sea turtles. NMFS completed an

extensive evaluation of the concerns the commenter raised, including outreach to the nation in

question. Based on the information provided and subsequent evaluation of that information,

NMFS does not agree with the commenter’s conclusion that it should be identified.

Public Input Related to Shark Conservation

In response to the April 14, 2022 NMFS solicitation for information on shark catch on the high

seas, NMFS received two comments from the public relevant to the high seas shark catch

provision.

The first commenter provided suggestions to improve NMFS’ implementation of the provisions

on shark-related activities under the Moratorium Protection Act. Specifically, the commenter

stated that NMFS should compare a nation’s regulatory program to the United States and not to

an individual RFMO. The commenter requested increased transparency with respect to the

comparability analyses and associated nations. While this section of the report has been

modified to address these concerns, NMFS would take this opportunity to independently provide

clarification on the comparability analyses. While the analyses do consider whether a nation or

entity has an obligation to comply with an RFMO’s conservation and management measures, this

is considered independent of a nation’s laws, regulations, or decrees. Therefore, NMFS

compares the regulatory programs of each nation to the regulatory program of the United States

and not in isolation to an international organization or RFMO. The commenter also listed three

criteria it believes a nation or entity must meet for its regulatory program to be determined

comparable to that of the United States. NMFS does not agree that a nation or entity must meet

all three of the stated criteria for a nation’s regulatory program to be deemed comparable. As the

NDAA amended the statutory and regulatory requirements for identifying a nation or entity for

shark-related activities, NMFS is currently considering how to implement these changes, as

previewed in Chapters 2 and 5.

The second commenter provided information on shark-related activities for a specific nation.

The commenter further suggested that an identification should be made for the shark-related

activities given concerns on enforcement, observer coverage, and catch limits for specific

species. NMFS completed an extensive evaluation of the nation the commenter raised and were

unable to corroborate the data claims made for this report cycle. Based on that analysis, NMFS

does not agree with the commenter’s conclusion that the nation should be identified.