[Senate Report 119-24]
[From the U.S. Government Publishing Office]
Calendar No. 86
119th Congress } { Report
SENATE
1st Session } { 119-24
_______________________________________________________________________
ILLEGAL RED SNAPPER AND TUNA ENFORCEMENT ACT
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 283
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
May 21, 2025.--Ordered to be printed
_______
U.S. GOVERNMENT PUBLISHING OFFICE
59-010 WASHINGTON : 2025
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred nineteenth congress
first session
TED CRUZ, Texas, Chairman
JOHN THUNE, South Dakota MARIA CANTWELL, Washington
ROGER F. WICKER, Mississippi AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas EDWARD J. MARKEY, Massachusetts
DAN SULLIVAN, Alaska GARY C. PETERS, Michigan
MARSHA BLACKBURN, Tennessee TAMMY BALDWIN, Wisconsin
TODD YOUNG, Indiana TAMMY DUCKWORTH, Illinois
TED BUDD, North Carolina JACKY ROSEN, Nevada
ERIC SCHMITT, Missouri BEN RAY LUJAN, New Mexico
JOHN CURTIS, Utah JOHN W. HICKENLOOPER, Colorado
BERNIE MORENO, Ohio JOHN FETTERMAN, Pennsylvania
TIM SHEEHY, Montana ANDY KIM, New Jersey
SHELLEY MOORE CAPITO, West Virginia LISA BLUNT ROCHESTER, Delaware
CYNTHIA M. LUMMIS, Wyoming
Brad Grantz, Majority Staff Director
Lila Harper Helms, Democratic Staff Director
Calendar No. 86
119th Congress } { Report
SENATE
1st Session } { 119-24
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ILLEGAL RED SNAPPER AND TUNA ENFORCEMENT ACT
_______
May 21, 2025.--Ordered to be printed
_______
Mr. Cruz, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
[To accompany S. 283]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 283) to require the Under
Secretary of Commerce for Standards and Technology and the
Administrator of National Oceanic and Atmospheric
Administration to develop a standard methodology for
identifying the country of origin of seafood to support
enforcement against illegal, unreported, and unregulated
fishing, and for other purposes, having considered the same,
reports favorably thereon without amendment and recommends that
the bill do pass.
PURPOSE OF THE BILL
The purpose of S. 283, the Illegal Red Snapper and Tuna
Enforcement Act, is to mandate the Under Secretary of Commerce
for Standards and Technology, along with the Administrator of
the National Oceanic and Atmospheric Administration (NOAA), to
establish a standardized method for determining the country of
origin of seafood. This will aid in combating illegal,
unreported, and unregulated (IUU) fishing, among other related
objectives.
BACKGROUND AND NEEDS
IUU fishing activities violate national and international
fishing regulations. IUU fishing is a global issue that
threatens sustainable fisheries and ocean ecosystems. It also
threatens U.S. economic security and puts law-abiding fishermen
and seafood producers at a significant disadvantage.\1\
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\1\``Understanding Illegal, Unreported and Unregulated Fishing,''
NOAA, National Marine Fisheries Service (https://
www.fisheries.noaa.gov/insight/understanding-illegal-unreported-and-
unregulated-fishing).
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Red snapper is among the most regulated and profitable fish
in the Gulf of America.\2\ It is consistently being poached by
Mexican fishermen who come into U.S. waters and then return to
Mexico with their catch. These fish are then sold in Mexico or
exported back to the United States.
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\2\Trump Administration, Executive Office of the President of the
United States, Executive Order 14172, ``Restoring Names That Honor
American Greatness,'' January 20, 2025 (https://www.whitehouse.gov/
presidential-actions/2025/01/restoring-names-that-honor-american-
greatness/).
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One way to combat the Mexican export of poached red snapper
back into the United States is to identify the country of
origin of the fish when they are being imported into the United
States at the border. By developing a field test kit that
accurately identifies where in the Gulf of America the fish
were caught, Federal and State law enforcement officers will be
able to identify the origin of the fish and confiscate the
illegally caught red snapper.
The tuna fishing industry also faces significant
challenges, including frequent mislabeling of bluefin tuna, a
highly prized and regulated species. International fishermen
try to pass off foreign tuna for high-quality ahi caught by
Hawaii fishermen.\3\ Seafood fraud is a widespread issue at
various points along the supply chain.
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\3\``Seafood Fraud,'' NOAA, National Marine Fisheries Service
(https://www.fisheries.noaa.gov/national/sustainable-seafood/seafood-
fraud).
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SUMMARY OF MAJOR PROVISION
S. 283 would authorize the development of a chemical
analysis that law enforcement agencies can use to determine the
country of origin from which a red snapper or tuna originated.
LEGISLATIVE HISTORY
S. 283, Illegal Red Snapper and Tuna Enforcement Act, was
introduced on January 28, 2025, by Senator Cruz (for himself
and Senators Schatz, Britt, and Tuberville) and was referred to
the Committee on Commerce, Science, and Transportation of the
Senate. On February 5, 2025, the Committee met in open
Executive Session and, by voice vote, ordered S. 283 reported
favorably without amendment.
118th Congress
S. 3879, the Illegal Red Snapper Enforcement Act, was
introduced on March 6, 2024, by Senator Cruz (for himself and
Senators Tuberville and Britt) and was referred to the
Committee on Commerce, Science, and Transportation of the
Senate. On July 31, 2024, the Committee met in open Executive
Session and, by voice vote, ordered S. 3879 reported favorably
with an amendment (in the nature of a substitute).
116th Congress
The Maritime Security and Fisheries Enforcement Act,\4\
which became public law on December 20, 2019, establishes a
whole-of-government approach to counter IUU fishing and related
threats to maritime security, such as transnational organized
crime, trafficking, and forced labor.
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\4\The Maritime Security and Fisheries Enforcement Act was enacted
as part of S. 1790, the National Defense Authorization Act for Fiscal
Year 2020; Public Law 116-92, codified in 16 U.S.C. 8001 et seq.
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ESTIMATED COSTS
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
S. 283 would require the National Oceanic and Atmospheric
Administration (NOAA) and National Institute of Standards and
Technology (NIST), in consultation with Customs and Border
Protection, to develop a field kit to identify the country of
origin of seafood to enforce regulations against illegal
fishing. The bill would require the agencies to conduct pilot
studies to develop a methodology for identifying red snapper
and tuna and report those findings to the Congress. The bill
also would authorize the Department of Defense to provide
technical assistance to help other countries deter illegal
fishing.
Under current law, NIST conducts related research on the
chemical differences between farmed and wild caught salmon and
shrimp. In 2024, NIST also allocated $300,000 to develop
methods using isotope ratio analysis to determine the origins
of oysters.
Based on information from NIST, CBO expects that the agency
would need $2 million up front to purchase and upgrade
equipment, two full-time equivalent employees at an average
annual cost of $600,000, and $80,000 a year for other equipment
and supplies. CBO expects the costs incurred by NOAA would be
insignificant.
After accounting for anticipated inflation, CBO estimates
that implementing the bill would cost $6 million over the 2025-
2030 period; any related spending would be subject to the
availability of appropriated funds.
The costs of the legislation, detailed in Table 1, fall
within budget function 300 (natural resources and environment).
TABLE 1--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 283
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By fiscal year, millions of dollars--
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2025-
2025 2026 2027 2028 2029 2030 2030
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Estimated Authorization.......................... * 2 1 1 1 1 6
Estimated Outlays................................ * 2 1 1 1 1 6
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* = between zero and $500,000.
The CBO staff contact for this estimate is Aurora Swanson.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
REGULATORY IMPACT STATEMENT
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
Number of Persons Covered
S. 283 will have a limited increase effect on the number or
types of individuals and businesses regulated.
Economic Impact
S. 283 is expected to have minimal economic impact.
Privacy
S. 283 would not have a significant impact on the privacy
rights of individuals.
Paperwork
The Committee does not anticipate a major increase in
paperwork due to the passage of this legislation. The required
report is aimed at better operationalizing the developed
methodology.
CONGRESSIONALLY DIRECTED SPENDING
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title.
This section would provide that the bill may be cited as
the ``Illegal Red Snapper and Tuna Enforcement Act''.
Section 2. Methodology for identifying the country of origin of
seafood.
This section would define the terms ``Administrator'',
``appropriate committees of Congress'', ``key agency
leadership'', ``red snapper'', ``tuna'', and ``Under
Secretary''. It would also charge the National Institute of
Standards and Technology and NOAA to develop a method for
identifying the country of origin of red snapper and tuna. The
method would be operationalized in the form of a simple field
kit that law enforcement officers could use to sample both
species and determine the country of origin of the fish in
minimal time.
This section would also require a report to the appropriate
committees of Congress 2 years after the Act is enacted sharing
the methodology and the operational plan.
Section 3. Technical assistance for IUU fishing enforcement.
This section would allow the Secretary of Defense, in
coordination with the Coast Guard, to use Department of Defense
funds to provide technical assistance to other nations'
maritime forces to combat IUU fishing and transnational crime.
Assistance may include deploying personnel, remote sensing,
data analysis, and operational intelligence consistent with
U.S. law. The authority would extend to the Coast Guard and
partner nation personnel operating aboard U.S., partner, or
international vessels to enhance global maritime security.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee states that the
bill as reported would make no change to existing law.
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