No official summary available for this bill.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 688 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 688
To combat illegal, unreported, and unregulated fishing at its sources
globally.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 24, 2025
Mr. Sullivan (for himself and Mr. Whitehouse) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To combat illegal, unreported, and unregulated fishing at its sources
globally.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fighting Foreign Illegal Seafood
Harvests Act of 2025'' or the ``FISH Act of 2025''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--Unless otherwise provided, the term
``Administrator'' means the Administrator of the National
Oceanic and Atmospheric Administration or the designee of the
Administrator.
(2) Beneficial owner.--The term ``beneficial owner'' means,
with respect to a vessel, a person that, directly or
indirectly, through any contract, arrangement, understanding,
relationship, or otherwise--
(A) exercises substantial control over the vessel;
or
(B) owns not less than 50 percent of the ownership
interests in the vessel.
(3) Fish.--The term ``fish'' means finfish, crustaceans,
and mollusks.
(4) Forced labor.--The term ``forced labor'' has the
meaning given that term in section 307 of the Tariff Act of
1930 (19 U.S.C. 1307).
(5) IUU fishing.--The term ``IUU fishing'' means activities
described as illegal fishing, unreported fishing, or
unregulated fishing in paragraph 3 of the International Plan of
Action to Prevent, Deter and Eliminate Illegal, Unreported and
Unregulated Fishing, adopted at the 24th Session of the
Committee on Fisheries in Rome on March 2, 2001.
(6) Regional fisheries management organization.--The terms
``regional fisheries management organization'' and ``RFMO''
have the meaning given the terms in section 303 of the Port
State Measures Agreement Act of 2015 (16 U.S.C. 7402).
(7) Seafood.--The term ``seafood'' means fish, shellfish,
processed fish, fish meal, shellfish products, and all other
forms of marine animal and plant life other than marine mammals
and birds.
(8) Secretary.--Unless otherwise provided, the term
``Secretary'' means the Secretary of Commerce acting through
the Administrator of the National Oceanic and Atmospheric
Administration or the designee of the Administrator.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States to partner, consult, and
coordinate with foreign governments (at the national and subnational
levels), civil society, international organizations, international
financial institutions, subnational coastal communities, commercial and
recreational fishing industry leaders, communities that engage in
artisanal or subsistence fishing, fishers, and the private sector, in a
concerted effort--
(1) to continue the broad effort across the Federal
Government to counter IUU fishing, including any potential
links to forced labor, human trafficking, and other threats to
maritime security, as outlined in sections 3533 and 3534 of the
Maritime SAFE Act (16 U.S.C. 8002 and 8003); and
(2) to, additionally--
(A) prioritize efforts to prevent IUU fishing at
its sources; and
(B) support continued implementation of the Central
Arctic Ocean Fisheries agreement, as well as joint
research and follow-on actions that ensure
sustainability of fish stocks in Arctic international
waters.
SEC. 4. ESTABLISHMENT OF A BLACK LIST (IUU VESSEL LIST).
Section 608 of the High Seas Driftnet Fishing Moratorium Protection
Act (16 U.S.C. 1826i) is amended by striking subsections (c) and (d)
and inserting the following:
``(c) Black List (IUU Vessel List).--
``(1) In general.--The Secretary, in coordination with the
Secretary of State, the Commissioner of U.S. Customs and Border
Protection, and the Secretary of Labor, shall develop,
maintain, and make public a list of foreign vessels, foreign
fleets, and beneficial owners of foreign vessels or foreign
fleets engaged in IUU fishing or fishing-related activities in
support of IUU fishing (referred to in this section as the `IUU
vessel list').
``(2) Inclusion on list.--The IUU vessel list shall include
any foreign vessel, foreign fleet, or beneficial owner of a
foreign vessel or foreign fleet for which the Secretary
determines there is clear and convincing evidence to believe
that a foreign vessel is any of the following (even if the
Secretary has only partial information regarding the foreign
vessel):
``(A) A foreign vessel listed on an IUU vessel list
of an international fishery management organization.
``(B) A foreign vessel taking part in fishing that
undermines the effectiveness of an international
fishery management organization's conservation and
management measures, including a foreign vessel--
``(i) exceeding applicable international
fishery management organization catch limits;
or
``(ii) that is operating inconsistent with
relevant catch allocation arrangements of the
international fishery management organization,
even if operating under the authority of a
foreign country that is not a member of the
international fishery management organization.
``(C) A foreign vessel, either on the high seas or
in the exclusive economic zone of another country,
identified and reported by United States authorities to
an international fishery management organization to be
conducting IUU fishing when the United States has
reason to believe the foreign country to which the
foreign vessel is registered or documented is not
addressing the allegation.
``(D) A foreign vessel, foreign fleet, or
beneficial owner of a foreign vessel or foreign fleet
on the high seas identified by United States
authorities to be conducting IUU fishing or fishing
that involves the use of forced labor, including
individuals and entities subject to a withhold release
order or a finding issued by U.S. Customs and Border
Protection pursuant to section 307 of the Tariff Act of
1930 (19 U.S.C. 1307) or any other U.S. Customs and
Border Protection enforcement action, sanctions imposed
by the Department of the Treasury under the Global
Magnitsky Human Rights Accountability Act (22 U.S.C.
10101 et seq.), or any other United States Government
forced labor prevention or enforcement action that has
not been subsequently revoked.
``(E) A foreign vessel that provides services
(excluding emergency or enforcement services) to a
foreign vessel that is on the IUU vessel list,
including transshipment, resupply, refueling, or
pilotage.
``(F) A foreign vessel that is a fishing vessel
engaged in commercial fishing within the exclusive
economic zone of the United States without a permit
issued under title II of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1821 et
seq.).
``(G) A foreign vessel that has the same beneficial
owner as a foreign vessel on the IUU vessel list at the
time of the infraction.
``(H) A foreign vessel or beneficial owner of a
foreign vessel subject to economic sanctions
administered by the Department of the Treasury Office
of Foreign Assets Control for transnational criminal
activity associated with IUU fishing under Executive
Order 13581 (76 Fed. Reg. 44757, 84 Fed. Reg. 10255;
relating to blocking property of transnational criminal
organizations), or any other applicable economic
sanctions program, including sanctions imposed by the
Department of the Treasury under the Global Magnitsky
Human Rights Accountability Act (22 U.S.C. 10101 et
seq.).
``(3) Nominations to be put on the black (iuu vessel)
list.--The Secretary may receive nominations for putting a
foreign vessel on the IUU vessel list from--
``(A) the head of an executive branch agency that
is a member of the Interagency Working Group on IUU
Fishing established under section 3551 of the Maritime
SAFE Act (16 U.S.C. 8031);
``(B) a country that is a member of the Combined
Maritime Forces; or
``(C) civil organizations that have data-sharing
agreements with a member of the Interagency Working
Group on IUU Fishing.
``(4) Procedures for addition.--The Secretary may put a
foreign vessel on the IUU vessel list only after notification
to the foreign vessel's beneficial owner and a review of any
information that the owner provides within 90 days of the
notification.
``(5) Public information.--The Secretary shall publish its
procedures for adding foreign vessels on, and removing foreign
vessels from, the IUU vessel list. The Secretary shall publish
the IUU vessel list itself in the Federal Register annually and
on a website, which shall be updated any time a foreign vessel
is added to the IUU vessel list, and include the following
information (as much as is available and confirmed) for each
foreign vessel on the IUU vessel list:
``(A) The name of the foreign vessel and previous
names of the foreign vessel.
``(B) The International Maritime Organization (IMO)
number of the foreign vessel, or other Unique Vessel
Identifier (such as the flag state permit number or
authorized vessel number issued by an international
fishery management organization).
``(C) The maritime mobile service identity number
and call sign of the foreign vessel.
``(D) The business or corporate address of each
beneficial owner of the foreign vessel.
``(E) The country where the foreign vessel is
registered or documented, and where it was previously
registered if known.
``(F) The date of inclusion on the IUU vessel list
of the foreign vessel.
``(G) Any other Unique Vessel Identifier (UVI), if
applicable.
``(H) Any other identifying information on the
foreign vessel, as determined appropriate by the
Secretary.
``(I) The basis for the Secretary's inclusion of
the foreign vessel on the IUU vessel list under
paragraph (2).
``(d) Consequences of Being on Black List (IUU Vessel List).--
``(1) In general.--Except for the purposes of inspection
and enforcement or in case of force majeure, a foreign vessel
on the IUU vessel list is prohibited from--
``(A) accessing United States ports and using port
services;
``(B) traveling through the United States
territorial sea unless it is conducting innocent
passage; and
``(C) delivering or receiving supplies or services,
or transshipment, within waters subject to the
jurisdiction of the United States, unless such
prohibition would be inconsistent with customary
international law.
``(2) Servicing prohibited.--No vessel of the United States
may service a foreign vessel that is on the IUU vessel list,
except in an emergency involving life and safety or to
facilitate enforcement.
``(3) Imports prohibited.--The import of seafood or seafood
products caught, processed, or transported by foreign vessels
on the IUU vessel list is prohibited and shall be subject to
the enforcement provisions of section 606.
``(4) Fishing treaties and agreements.--It should be a
priority for United States delegations to--
``(A) advocate for the incorporation of articles in
international fishery management organizations
providing identical or similar safeguards described in
this section in new and updated bilateral or
multilateral fishing treaties; and
``(B) encourage parties to international and
regional fisheries organizations that the United States
is party to, or holds observer status, to take similar
measures described in this section.
``(e) Enforcement of Black List (IUU Vessel List).--
``(1) In general.--Except as provided in paragraph (2), a
foreign vessel on the IUU vessel list and the cargo of such
vessel shall be subject to seizure and forfeiture to the United
States in the same manner as merchandise is forfeited for
violation of the customs revenue laws.
``(2) Exception.--The cargo of seafood of a foreign vessel
on the IUU vessel list shall not be subject to seizure and
forfeiture to the United States if the cargo of seafood is in
the possession of an importer who has paid for the cargo of
seafood and did not know, or did not have any reason to know,
that the seafood was the product of IUU fishing.
``(f) Permanency of Black List (IUU Vessel List).--
``(1) In general.--Except as provided in paragraphs (2)
through (4), a foreign vessel, foreign fleet, or beneficial
owner of a foreign vessel or foreign fleet that is put on the
IUU vessel list shall remain on the IUU vessel list.
``(2) Revocation of wro.--The Secretary shall remove a
foreign vessel or foreign fleet from the IUU vessel list if the
foreign vessel was added to the IUU vessel list because it was
found by U.S. Customs and Border Protection to have had a
withhold release order or a finding issued pursuant to section
307 of the Tariff Act of 1930 (19 U.S.C. 1307) and the withhold
release order was subsequently revoked.
``(3) Application by owner for potential removal.--
``(A) In general.--In consultation with the
Secretary of State and the U.S. Customs and Border
Protection, the Secretary may remove a foreign vessel,
foreign fleet, or beneficial owner of a foreign vessel
or foreign fleet from the IUU vessel list if the
beneficial owner of the foreign vessel submits an
application for removal to the Secretary that meets the
standards that the Secretary has set out for removal.
``(B) Standards.--The Secretary shall include in
the standards set out for removal a determination that
the foreign vessel or foreign vessel owner has not
engaged in IUU fishing or fishing that involves the use
of forced labor during the 5-year period preceding the
date of the application for removal. The Secretary, in
consultation with the Secretary of State and the U.S.
Customs and Border Protection, shall determine whether
each application for removal demonstrates that
sufficient corrective action has been taken to
remediate the violations and infractions that led to
the inclusion on the IUU vessel list.
``(C) Consideration of relevant information.--In
considering an application for removal, the Secretary
shall consider relevant information from all sources.
``(4) Removal due to international fishery management
organization action.--The Secretary may remove a foreign vessel
from the IUU vessel list if the foreign vessel was put on the
list because it was a foreign vessel listed on an IUU vessel
list of an international fishery management organization,
pursuant to subsection (c)(2)(A), and the international fishery
management organization removed the foreign vessel from its IUU
vessel list.
``(g) Regulations and Process.--Not later than 12 months after the
date of enactment of the Fighting Foreign Illegal Seafood Harvests Act
of 2025, the Secretary shall issue regulations to set a process for
establishing, maintaining, implementing, and publishing the IUU vessel
list. The Administrator may add or remove a foreign vessel, foreign
fleet, or beneficial owner of a foreign vessel or foreign fleet from
the IUU vessel list on the date the foreign vessel becomes eligible for
such addition or removal.
``(h) Definitions.--In this section:
``(1) Administrator.--Unless otherwise provided, the term
`Administrator' means the Administrator of the National Oceanic
and Atmospheric Administration or the designee of the
Administrator.
``(2) Beneficial owner.--The term `beneficial owner' means,
with respect to a vessel, a person that, directly or
indirectly, through any contract, arrangement, understanding,
relationship, or otherwise--
``(A) exercises substantial control over the
vessel; or
``(B) owns not less than 50 percent of the
ownership interests in the vessel.
``(3) Forced labor.--The term `forced labor' has the
meaning given that term in section 307 of the Tariff Act of
1930 (19 U.S.C. 1307).
``(4) Foreign vessel.--The term `foreign vessel' has the
meaning given the term in section 110 of title 46, United
States Code.
``(5) International fishery management organization.--The
term `international fishery management organization' means an
international organization established by any bilateral or
multilateral treaty, convention, or agreement for the
conservation and management of fish.
``(6) IUU fishing.--The term `IUU fishing' means activities
described as illegal fishing, unreported fishing, or
unregulated fishing in paragraph 3 of the International Plan of
Action to Prevent, Deter and Eliminate Illegal, Unreported and
Unregulated Fishing, adopted at the 24th Session of the
Committee on Fisheries in Rome on March 2, 2001.
``(7) Seafood.--The term `seafood' means fish, shellfish,
processed fish, fish meal, shellfish products, and all other
forms of marine animal and plant life other than marine mammals
and birds.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to the Department of Commerce to carry out this section
$20,000,000 for each of fiscal years 2025 through 2030.''.
SEC. 5. IMPOSITION OF SANCTIONS.
(a) Authorization for Sanctions.--The Secretary of the Treasury may
impose the measures described in subsection (b) with respect to--
(1) any foreign person or foreign vessel, regardless of
ownership, that the Secretary of the Treasury determines has
participated in--
(A) the sale, supply, purchase, or transfer
(including transportation) of a fish species that is an
endangered species, as defined in section of the
Endangered Species Act of 1973 (16 U.S.C. 1532),
directly or indirectly; or
(B) IUU fishing;
(2) a leader or official of an entity that has engaged in,
or whose members have engaged in, any of the activities
described in paragraph (1);
(3) an entity determined to have owned, operated,
chartered, or controlled a vessel whose personnel are engaged
in the activities described in paragraph (1) at a time period
relating to the activities;
(4) an entity that commits any action described in section
608(c) of the High Seas Driftnet Fishing Moratorium Protection
Act (16 U.S.C. 1826i) as a basis to be put on the IUU vessel
list under such section; and
(5) an entity that has materially assisted, sponsored, or
provided financial, material, or technological support for, or
goods or services in support of, a foreign person or foreign
vessel described in paragraph (1).
(b) Sanctions Described.--The sanctions to be imposed under
subsection (a) are the following:
(1) Blocking of property.--Notwithstanding section 202 of
the International Emergency Economic Powers Act (50 U.S.C.
1701), the exercise of all powers granted to the President by
the International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.) to the extent necessary to block and prohibit all
transactions in all property and interests in property of a
foreign person or entity described in subsection (a) including,
to the extent appropriate, the vessel of which the person is
the beneficial owner, if such property and interests in
property are in the United States, come within the United
States, or are or come within the possession or control of a
United States person.
(2) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--A foreign person
described in subsection (a) is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--The visa or other entry
documentation of a foreign person described in
subsection (a) shall be revoked, regardless of
when such visa or other entry documentation is
or was issued.
(ii) Immediate effect.--A revocation under
clause (i) shall, in accordance with section
221(i) of the Immigration and Nationality Act
(8 U.S.C. 1201(i))--
(I) take effect; and
(II) cancel any other valid visa or
entry documentation that is in the
person's possession.
(c) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and
1704) to carry out this section.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
section or any regulation, license, or order issued to carry
out this section shall be subject to the penalties set forth in
subsections (b) and (c) of section 206 of the International
Emergency Economic Powers Act (50 U.S.C. 1705) to the same
extent as a person that commits an unlawful act described in
subsection (a) of that section.
(d) National Interest Waiver.--The President may waive the
imposition of sanctions under this section with respect to a foreign
person or entity.
(e) Exceptions.--
(1) Exceptions for authorized intelligence and law
enforcement activities.--This section shall not apply with
respect to activities subject to the reporting requirements
under title V of the National Security Act of 1947 (50 U.S.C.
3091 et seq.) or any authorized intelligence, law enforcement,
or national security activities of the United States.
(2) Exception to comply with international agreements.--
Sanctions under subsection (b)(2) shall not apply with respect
to the admission of an alien to the United States if such
admission is necessary to comply with the obligations of the
United States under the Agreement regarding the Headquarters of
the United Nations, signed at Lake Success June 26, 1947, and
entered into force November 21, 1947, between the United
Nations and the United States, or the Convention on Consular
Relations, done at Vienna April 24, 1963, and entered into
force March 19, 1967, or other international obligations.
(3) Exception for safety of vessels and crew.--Sanctions
under this section shall not apply with respect to a person or
entity providing provisions to a vessel identified under
section 608(c) of the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826i) if such provisions are
intended for the safety and care of the crew aboard the vessel,
or the maintenance of the vessel to avoid any environmental or
other significant damage.
(4) Humanitarian exception.--The President may not impose
sanctions under this section with respect to any person or
entity for conducting or facilitating a transaction for the
sale of agricultural commodities, food, medicine, or medical
devices or for the provision of humanitarian assistance.
(f) Rulemaking.--
(1) In general.--The President is authorized to promulgate
such rules and regulations as may be necessary to carry out the
provisions of this section (which may include regulatory
exceptions), including under section 205 of the International
Emergency Economic Powers Act (50 U.S.C. 1704).
(2) Rule of construction.--Nothing in this section, or in
any amendment made by this section, may be construed to limit
the authority of the President pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
(g) Definitions.--In this section:
(1) Admission; admitted; alien; lawfully admitted for
permanent residence.--The terms ``admission'', ``admitted'',
``alien'', and ``lawfully admitted for permanent residence''
have the meanings given those terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101).
(2) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person.
(3) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
(B) an entity organized under the laws of the
United States or any jurisdiction within the United
States, including a foreign branch of such an entity;
or
(C) any person in the United States.
SEC. 6. AGREEMENTS.
(a) Presidential Negotiation.--In negotiating any relevant
agreement with a foreign nation or nations after the date of enactment
of this Act, the President is encouraged to consider the impacts on or
to IUU fishing and fishing that involves the use of forced labor and
strive to ensure that the agreement strengthens efforts to combat IUU
fishing and fishing that involves the use of forced labor.
(b) Federal Government Encouragement.--The Federal Government
should encourage other nations to ratify treaties and agreements that
address IUU fishing to which the United States is a party, including
the UN Fish Stocks Agreement, the High Seas Fishing Compliance
Agreement, the Port State Measures Agreement, and other applicable
agreements, and pursue bilateral and multilateral initiatives to raise
international ambition to combat IUU fishing, including in the G7 and
G20, the United Nations, the International Labor Organization (ILO),
and the International Maritime Organization (IMO), and through
voluntary multilateral efforts. The bilateral and multilateral
initiatives should address underlying drivers of IUU fishing and
fishing that involves the use of forced labor, such as the practice of
transshipment, flags of convenience vessels, and government subsidies
of the distant water fishing industry.
(c) Transparency for Non-Binding Instruments Concluded Under This
Section.--Any memorandum of understanding or other non-binding
instrument to further the objectives of this section shall be
considered a qualifying non-binding instrument for purposes of section
112b of title 1, United States Code.
SEC. 7. ENFORCEMENT PROVISIONS.
(a) Increase Boarding of Vessels Suspected of IUU Fishing.--The
Commandant of the Coast Guard shall strive, in accordance with the UN
Fish Stocks Agreement, to increase, from year to year, its observation
of vessels on the high seas that are suspected of IUU fishing and
related harmful practices, and is encouraged to consider boarding these
vessels to the greatest extent practicable.
(b) Follow Up.--The Administrator shall, in consultation with the
Commandant of the Coast Guard and the Secretary of State, coordinate
regularly with regional fisheries management organizations to determine
what corrective measures each country has taken after vessels that are
registered or documented by the country have been boarded for suspected
IUU fishing.
(c) Report.--Not later than 3 years after the date of enactment of
this Act and in accordance with information management rules of the
relevant regional fisheries management organizations, the Commandant of
the Coast Guard shall submit a report to Congress on--
(1) the total number of bilateral agreements utilized or
enacted during Coast Guard counter-IUU patrols and future
patrol plans for operations with partner nations where
bilateral agreements are required to effectively execute the
counter-IUU mission and any changes to IUU provisions in
bilateral agreements;
(2) incidents of IUU fishing observed while conducting High
Seas Boarding and Inspections (HSBI), how the conduct is
tracked after referral to the respective country where the
vessel is registered or documented, and what actions are taken
to document or otherwise act on the enforcement, or lack
thereof, taken by the country;
(3) the country where the vessel is registered or
documented, the country where the vessel was previously
registered and documented if known, and status of a vessel
interdicted or observed to be engaged in IUU fishing on the
high seas by the Coast Guard;
(4) incident details on vessels observed to be engaged in
IUU fishing on the high seas, boarding refusals, and what
action was taken; and
(5) any other potential enforcement actions that could
decrease IUU fishing on the high seas.
SEC. 8. IMPROVED MANAGEMENT AT THE REGIONAL FISHERIES MANAGEMENT
ORGANIZATIONS.
(a) Interagency Working Group on IUU Fishing.--Section 3551(c) of
the Maritime SAFE Act (16 U.S.C. 8031(c)) is amended--
(1) in paragraph (13), by striking ``and'' after the
semicolon;
(2) in paragraph (14), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(15) developing a strategy for leveraging enforcement
capacity against IUU fishing, particularly focusing on nations
identified under section 609(a) of the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C. 1826j(a)); and
``(16) developing a strategy for leveraging enforcement
capacity against associated abuses, such as fishing that
involves the use of forced labor and other illegal labor
practices, and increasing enforcement and other actions across
relevant import control and assessment programs, using as
resources--
``(A) the List of Goods Produced by Child Labor or
Forced Labor produced pursuant to section 105 of the
Trafficking Victims Protection Reauthorization Act of
2005 (22 U.S.C. 7112);
``(B) the Trafficking in Persons Report required
under section 110 of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7107);
``(C) United States Customs and Border Protection's
Forced Labor Division and enforcement activities and
regulations authorized under section 307 of the Tariff
Act of 1930 (19 U.S.C. 1307); and
``(D) reports submitted under the Uyghur Human
Rights Policy Act of 2020 (22 U.S.C. 6901 note).''.
(b) Secretary of State Identification.--The Secretary of State, in
coordination with the Commandant of the Coast Guard and the
Administrator, shall--
(1) identify regional fisheries management organizations
that the United States is party to that do not have a high seas
boarding and inspection program; and
(2) identify obstacles, needed authorities, or existing
efforts to increase implementation of these programs, and take
action as appropriate.
SEC. 9. STRATEGIES TO OPTIMIZE DATA COLLECTION, SHARING, AND ANALYSIS.
Section 3552 of the Maritime SAFE Act (16 U.S.C. 8032) is amended
by adding at the end:
``(c) Strategies To Optimize Data Collection, Sharing, and
Analysis.--Not later than 3 years after the date of enactment of the
Fighting Foreign Illegal Seafood Harvests Act of 2025, the Working
Group shall identify information and resources to prevent fish and fish
products from IUU fishing and fishing that involves the use of forced
labor from entering United States commerce without increasing burden or
trade barriers on seafood not produced from IUU fishing. The report
shall include the following:
``(1) Identification of relevant data streams collected by
Working Group members.
``(2) Identification of legal, jurisdictional, or other
barriers to the sharing of such data.
``(3) In consultation with the Secretary of Defense,
recommendations for joint enforcement protocols, collaboration,
and information sharing between Federal agencies and States.
``(4) Recommendations for sharing and developing forensic
resources between Federal agencies and States.
``(5) Recommendations for enhancing capacity for United
States Customs and Border Protection and National Oceanic and
Atmospheric Administration to conduct more effective field
investigations and enforcement efforts with U.S. state
enforcement officials.
``(6) Recommendations for improving data collection and
automated risk-targeting of seafood imports within the United
States International Trade Data System and Automated Commercial
Environment.
``(7) Recommendations for the dissemination of IUU fishing
and fishing that involves the use of forced labor analysis and
information to those governmental and non-governmental entities
that could use it for action and awareness, with the aim to
establish an IUU fishing information sharing center.
``(8) Recommendations for an implementation strategy,
including measures for ensuring that trade in seafood not
linked to IUU fishing and forced labor is not impeded.
``(9) An analysis of the IUU fishing policies and
regulatory regimes of other countries in order to develop
policy and regulatory alternatives for United States
consideration.''.
SEC. 10. INVESTMENT AND TECHNICAL ASSISTANCE IN THE FISHERIES SECTOR.
(a) In General.--The Secretary of State, the Administrator of the
United States Agency for International Development, and the Secretary
of Commerce, in consultation with the heads of relevant agencies, the
Millennium Challenge Corporation, and multilateral institutions such as
the World Bank, are encouraged to increase support to programs that
provide technical assistance, institutional capacity, and investment to
nations' fisheries sectors for sustainable fisheries management and
combating IUU fishing and forced labor. The focus of such support is
encouraged to be on priority regions and priority flag states
identified under section 3552(b) of the Maritime SAFE Act (16 U.S.C.
8032(b)).
(b) Analysis of U.S. Capacity-Building Expertise and Resources.--In
order to maximize efforts on preventing IUU fishing at its sources, the
Interagency Working Group on IUU Fishing established under section 3551
of the Maritime SAFE Act (16 U.S.C. 8031) shall analyze United States
capacity-building expertise and resources to provide support to
nations' fisheries sectors. This analysis may include an assessment of
potential avenues for in-country public-private collaboration and
multilateral collaboration on developing local fisheries science,
fisheries management, maritime enforcement, and maritime judicial
capabilities.
SEC. 11. PREVENTING IMPORTATION OF SEAFOOD AND SEAFOOD PRODUCTS FROM
FOREIGN VESSELS USING FORCED LABOR.
The Commissioner of U.S. Customs and Border Protection, in
coordination with the Secretary shall--
(1) develop a strategy for utilizing relevant United States
Government data to identify imports of seafood harvested on
foreign vessels using forced labor; and
(2) publish information regarding the strategy developed
under paragraph (1) on the website of U.S. Customs and Border
Protection.
SEC. 12. REPORTS.
(a) Impact of New Technology.--Not later than 1 year after the date
of enactment of this Act, the Secretary of Homeland Security, with
support from the Administrator and the Working Group established under
section 3551 of the Maritime SAFE Act (16 U.S.C. 8031), shall conduct a
study to assess the impact of new technology (such as remote observing,
the use of drones, development of risk assessment tools and data-
sharing software, immediate containerization of fish on fishing
vessels, satellite Wi-Fi technology on fishing vessels, and other
technology-enhanced new fishing practices) on IUU fishing and
associated crimes (such as trafficking and fishing involving the use of
forced labor) and propose ways to integrate these technologies into
global fisheries enforcement and management.
(b) Russian and Chinese Fishing Industries' Influence on Each Other
and on the United States Seafood and Fishing Industry.--Not later than
2 years after the date of enactment of this Act, the Secretary of
State, with support from the Secretary of Commerce and the Office of
the United States Trade Representative, shall--
(1) conduct a study on the collaboration between the
Russian and Chinese fishing industries and on the role of
seafood reprocessing in China (including that of raw materials
originating in Russia) in global seafood markets and its impact
on United States seafood importers, processors, and consumers;
and
(2) complete a report on the study that includes classified
and unclassified portions, as the Secretary of State determines
necessary.
(c) Fishermen Conducting Unlawful Fishing in the Economic Exclusion
Zone.--Section 3551 of the Maritime SAFE Act (16 U.S.C. 8031) is
amended by adding at the end the following:
``(d) The Impacts of IUU Fishing and Fishing Involving the Use of
Forced Labor.--
``(1) In general.--The Administrator, in consultation with
relevant members of the Working Group, shall seek to enter into
an arrangement with the National Academies of Sciences,
Engineering, and Medicine under which the National Academies
will undertake a multifaceted study that includes the
following:
``(A) An analysis that quantifies the occurrence
and extent of IUU fishing and fishing involving the use
of forced labor among all flag states.
``(B) An evaluation of the costs to the United
States economy of IUU fishing and fishing involving the
use of forced labor.
``(C) An assessment of the costs to the global
economy of IUU fishing and fishing involving the use of
forced labor.
``(D) An assessment of the effectiveness of
response strategies to counter IUU fishing, including
both domestic programs and foreign capacity-building
and partnering programs.
``(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $4,000,000.''.
(d) Report.--Not later than 24 months after the date of enactment
of this Act, the Administrator shall submit to Congress a report on the
study conducted under subsection (d) of section 3551 of the Maritime
SAFE Act that includes--
(1) the findings of the National Academies; and
(2) recommendations on knowledge gaps that warrant further
scientific inquiry.
<all>
Introduced in Senate
Read twice and referred to the Committee on Commerce, Science, and Transportation.
Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment favorably.
Committee on Commerce, Science, and Transportation. Reported by Senator Cruz with an amendment. With written report No. 119-101.
Committee on Commerce, Science, and Transportation. Reported by Senator Cruz with an amendment. With written report No. 119-101.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 313.
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