[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1227 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1227
To combat illegal, unreported, and unregulated fishing at its sources
globally.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 2023
Mr. Sullivan (for himself, Mr. Whitehouse, Ms. Murkowski, Mr. Wicker,
and Mr. Schatz) 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 2023'' or the ``FISH Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--Unless otherwise provided, the term
``Administrator'' means the Administrator of the National
Oceanic and Atmospheric Administration.
(2) IUU fishing.--The term ``IUU fishing'' means activities
described as illegal fishing, unreported fishing, and
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.
(3) 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).
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, and related 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. IUU VESSEL LIST OR BLACK LIST.
(a) In General.--
(1) Establishment.--The Administrator, in coordination with
the Secretary of State and the Commissioner of U.S. Customs and
Border Protection, shall establish, publish, and put vessels on
a United States IUU vessel list (referred to in this Act as the
``black list'') that denies benefits such as port privileges,
certain travel through, delivery or receipt of supplies or
services, or transshipment in waters within the jurisdiction of
the United States, in accordance with customary international
law, for vessels that have conducted IUU fishing and vessels
that have the same owner as a vessel on the black list.
(2) Coordination.--In carrying out this section, the
Administrator shall coordinate with the Secretary of Commerce
to ensure actions taken under this section add to and do not
duplicate actions taken pursuant to the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C. 1826d et seq.) or
the Port State Measures Agreement Act of 2015 (16 U.S.C. 7401
et seq.)
(b) Regulations and Process.--Not later than 6 months after the
date of enactment of this Act, the Administrator shall issue
regulations to set a process for establishing, maintaining,
implementing, and publishing the black list. The Administrator may add
or remove a vessel to or from the black list on the date the vessel
becomes eligible for such addition or removal.
(c) Basis To Be Put on Black List.--The Administrator shall put a
vessel on the black list expeditiously if the Administrator
demonstrates that there is a reasonable basis to believe that a vessel
is any of the following (even if the Administrator has only partial
information regarding the vessel):
(1) A vessel listed on an IUU vessel list of an RFMO.
(2) A vessel taking part in fishing that undermines the
effectiveness of RFMO management measures on the high seas,
including a foreign vessel (defined in section 110 of title 46,
United States Code)--
(A) exceeding applicable RFMO catch limits; or
(B) that is operating inconsistent with relevant
catch allocation arrangements of the RFMO even if
operating under the authority of a foreign country that
is not a member of the RFMO.
(3) A vessel, either on the high seas or in the exclusive
economic zone of another country, identified and reported by
United States authorities to an RFMO to be conducting IUU
fishing when the United States has reason to believe the
foreign country to which the vessel is registered or documented
is not addressing the allegation.
(4) A vessel on the high seas identified and reported by
United States authorities to be conducting fishing that
involves the use of forced labor.
(5) A vessel that provides services (excluding emergency or
enforcement services) to a vessel that is on the black list,
including transshipment, resupply, refueling, or pilotage.
(6) A foreign vessel (defined in section 110 of title 46,
United States Code) that is a fishing vessel engaged in
commercial fishing without a permit issued under title II of
the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1821 et seq.).
(7) A vessel found by U.S. Customs and Border Protection to
have had a withhold release order issued pursuant to section
307 of the Tariff Act of 1930 (19 U.S.C. 1307), provided that
the withhold release order has not been subsequently revoked.
(8) A vessel that has the same owner as a vessel on the
black list at the time of the infraction.
(9) A 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.
(10) A vessel listed under section 608(c) of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826i(c)).
(d) Nominations To Be Put on Black List.--
(1) In general.--The Administrator may accept nominations
for putting a vessel on the black 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); or
(B) a country that is a member of the Combined
Maritime Forces.
(2) Procedures for addition.--The Administrator may put a
vessel on the black list only after notification to the
vessel's owner and a review of any information that the owner
provides within 90 days of the notification.
(e) Public Information.--The Administrator shall publish the black
list in the Federal Register and on a website and include the following
information (as much as is available and confirmed) for each vessel on
the list:
(1) The name of the vessel.
(2) The International Maritime Organization (IMO) number of
the vessel.
(3) The call sign of the vessel.
(4) Each beneficial owner's address of the vessel.
(5) The country where the vessel is registered or
documented, and where it was previously registered if known.
(6) The date of inclusion on the black list of the vessel.
(7) The Food and Agriculture Organization's global record
of the vessel's unique vessel identification, if applicable.
(8) Any other identifying information on the vessel, as
determined appropriate by the Administrator.
(f) Consequences of Being Black Listed.--
(1) In general.--Except for the purposes of inspection and
enforcement or in case of force majeure, a vessel on the black
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 in
accordance with customary international law; and
(C) delivering supplies, delivering services, or
transshipment within waters subject to the jurisdiction
of the United States, in accordance with customary
international law.
(2) Servicing prohibited.--No vessel of the United States
(defined in section 116 of title 46, United States Code) may
service a vessel that is on the black list, except in an
emergency involving life and safety and for enforcement
services.
(g) Enforcement of Black List.--
(1) In general.--Except as provided in paragraph (2), a
vessel subject to the jurisdiction of the United States on the
black 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 vessel subject to
the jurisdiction of the United States on the black 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.
(h) Permanency of Black List.--
(1) In general.--Except as provided in paragraphs (2)
through (4), a vessel that is put on the black list shall
remain on the black list.
(2) Revocation of wro.--The Administrator shall remove a
vessel from the black list if the vessel was added to the black
list because it was found by U.S. Customs and Border Protection
to have had a withhold release order 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) Potential removal.--
(A) In general.--With the concurrence of the
Secretary of State and consultation with U.S. Customs
and Border Protection, the Administrator may remove a
vessel from the black list if the owner of the vessel
submits an application for removal to the Administrator
that meets the standards that the Administrator has set
out for removal.
(B) Standards.--The Administrator shall include in
the standards set out for removal a determination that
the vessel or vessel owner has not engaged in IUU
fishing or forced labor during the 5-year period
preceding the date of the application for removal.
(C) Consideration of relevant information.--In
considering an application for removal, the
Administrator shall consider relevant information from
all sources.
(4) Removal due to rfmo action.--The Administrator may
remove a vessel from the black list if the vessel was put on
the black list because it was a vessel listed on an IUU vessel
list of an RFMO, pursuant to subsection (c)(1), and the RFMO
removed the vessel from its IUU vessel list.
(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 2023 through 2028.
SEC. 5. IMPOSITION OF SANCTIONS WITH RESPECT TO BENEFICIAL OWNERS OF
VESSELS ON BLACK LIST.
(a) In General.--The President shall impose the sanctions described
in subsection (b) with respect to each foreign person that the
President determines, on or after the date of the enactment of this
Act, is the beneficial owner of a vessel identified on the black list
under section 4.
(b) Sanctions Described.--The sanctions to be imposed under
subsection (a) are the following:
(1) Blocking of property.--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
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 person if
the President--
(1) determines that such a waiver is in the national
interests of the United States; and
(2) submits to Congress a notification on the waiver and
the reasons for the waiver.
(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.
(f) Lifting of Sanctions.--The President shall lift the sanctions
imposed under this section with respect to a foreign person if the
foreign person is no longer the beneficial owner of a vessel identified
on the black list under section 4.
(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) 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) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person.
(4) 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;
or
(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.
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 strive to ensure that the agreement strengthens
efforts to combat IUU fishing.
(b) Secretary of State Encouragement.--Together with other
government partners if appropriate, the Secretary of State 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 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.
SEC. 7. COAST GUARD PROVISIONS.
(a) Increase Boarding of Vessels Suspected of IUU Fishing.--The
Commandant of the Coast Guard shall, in accordance with the UN Fish
Stocks Agreement, 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 Commandant of the Coast Guard shall, in
consultation with the Secretary of State and the Administrator,
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 1 year after the date of the 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 crimes, such 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); and
``(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).''.
(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 2 years after the publication of the
strategic plan submitted under subsection (a), the Working Group shall
identify information and resources to prevent fish and fish products
from IUU fishing 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 State enforcement
officials.
``(6) Recommendations for the dissemination of IUU fishing
analysis and information to those entities that could use it
for action and awareness, with the aim to establish an IUU
fishing information sharing center.
``(7) Recommendations for an implementation strategy,
including measures for ensuring that trade in seafood not
linked to IUU fishing is not impeded.''.
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, is encouraged to increase support to programs that
provide technical assistance and investment to nations' fisheries
sectors for sustainable fisheries management and combating IUU fishing.
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) Authorization of Appropriations.--There are authorized to be
appropriated to the Department of State and the United States Agency
for International Development to carry out subsection (a) $20,000,000
for each of fiscal years 2023 through 2028.
SEC. 11. PREVENTING IMPORTATION OF SEAFOOD AND SEAFOOD PRODUCTS FROM
FOREIGN VESSELS USING FORCED LABOR.
(a) Definitions.--In this section:
(1) 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).
(2) 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.
(3) Secretary.--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.
(b) Forced Labor on Foreign Fishing Vessels.--
(1) Rulemaking.--Not later than 1 year after the date of
enactment of this Act, the Commissioner of U.S. Customs and
Border Protection, in coordination with the Secretary and the
Forced Labor Enforcement Task Force, established pursuant to
section 741 of the United States-Mexico-Canada Agreement
Implementation Act (19 U.S.C. 4681), shall issue regulations
regarding the verification of seafood imports to ensure that no
seafood or seafood product harvested on foreign vessels using
forced labor is entered into the United States in violation of
section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).
(2) Strategy.--The Commissioner of U.S. Customs and Border
Protection, in coordination with the Secretary shall--
(A) develop a strategy for utilizing relevant
United States Government data to identify imports of
seafood or seafood products harvested on foreign
vessels using forced labor; and
(B) publish information regarding the strategy
developed under subparagraph (A) 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, in
coordination with 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, and other technology-enhanced new fishing practices) on IUU
fishing 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 the 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.--
``(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 among flag states.
``(B) An evaluation of the costs to the United
States economy of IUU fishing.
``(C) An assessment of the costs to the global
economy of IUU fishing.
``(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $2,000,000.''.
(d) Report.--Not later than 24 months after the date of the
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.
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