II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fighting Foreign Ille5 gal Seafood Harvests Act of 2023’’ or the ‘‘FISH Act of 

6 2023’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 

9 (1) ADMINISTRATOR.—Unless otherwise pro10 vided, the term ‘‘Administrator’’ means the AdminisVerDate Sep 11 2014 00:55 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1227.IS S1227

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1 trator of the National Oceanic and Atmospheric Ad2 ministration. 

3 (2) IUU FISHING.—The term ‘‘IUU fishing’’ 

4 means activities described as illegal fishing, unre5 ported fishing, and unregulated fishing in paragraph 

6 3 of the International Plan of Action to Prevent, 

7 Deter, and Eliminate Illegal, Unreported and Un8 regulated Fishing, adopted at the 24th Session of 

9 the Committee on Fisheries in Rome on March 2, 

10 2001. 

11 (3) REGIONAL FISHERIES MANAGEMENT ORGA12 NIZATION.—The terms ‘‘regional fisheries manage13 ment organization’’ and ‘‘RFMO’’ have the meaning 

14 given the terms in section 303 of the Port State 

15 Measures Agreement Act of 2015 (16 U.S.C. 7402). 

16 SEC. 3. STATEMENT OF POLICY. 

17 It is the policy of the United States to partner, con18 sult, and coordinate with foreign governments (at the na19 tional and subnational levels), civil society, international 

20 organizations, international financial institutions, sub21 national coastal communities, commercial and recreational 

22 fishing industry leaders, communities that engage in 

23 artisanal or subsistence fishing, fishers, and the private 

24 sector, in a concerted effort— 


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1 (1) to continue the broad effort across the Fed2 eral Government to counter IUU fishing, including 

3 any potential links to forced labor, and related 

4 threats to maritime security, as outlined in sections 

5 3533 and 3534 of the Maritime SAFE Act (16 

6 U.S.C. 8002 and 8003); and 

7 (2) to, additionally— 

8 (A) prioritize efforts to prevent IUU fish9 ing at its sources; and 

10 (B) support continued implementation of 

11 the Central Arctic Ocean Fisheries agreement, 

12 as well as joint research and follow-on actions 

13 that ensure sustainability of fish stocks in Arc14 tic international waters. 

15 SEC. 4. IUU VESSEL LIST OR BLACK LIST. 

16 (a) IN GENERAL.— 

17 (1) ESTABLISHMENT.—The Administrator, in 

18 coordination with the Secretary of State and the 

19 Commissioner of U.S. Customs and Border Protec20 tion, shall establish, publish, and put vessels on a 

21 United States IUU vessel list (referred to in this Act 

22 as the ‘‘black list’’) that denies benefits such as port 

23 privileges, certain travel through, delivery or receipt 

24 of supplies or services, or transshipment in waters 

25 within the jurisdiction of the United States, in acVerDate Sep 11 2014 00:55 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1227.IS S1227

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1 cordance with customary international law, for ves2 sels that have conducted IUU fishing and vessels 

3 that have the same owner as a vessel on the black 

4 list. 

5 (2) COORDINATION.—In carrying out this sec6 tion, the Administrator shall coordinate with the 

7 Secretary of Commerce to ensure actions taken 

8 under this section add to and do not duplicate ac9 tions taken pursuant to the High Seas Driftnet 

10 Fishing Moratorium Protection Act (16 U.S.C. 

11 1826d et seq.) or the Port State Measures Agree12 ment Act of 2015 (16 U.S.C. 7401 et seq.) 

13 (b) REGULATIONS AND PROCESS.—Not later than 6 

14 months after the date of enactment of this Act, the Ad15 ministrator shall issue regulations to set a process for es16 tablishing, maintaining, implementing, and publishing the 

17 black list. The Administrator may add or remove a vessel 

18 to or from the black list on the date the vessel becomes 

19 eligible for such addition or removal. 

20 (c) BASIS TO BE PUT ON BLACK LIST.—The Admin21 istrator shall put a vessel on the black list expeditiously 

22 if the Administrator demonstrates that there is a reason23 able basis to believe that a vessel is any of the following 

24 (even if the Administrator has only partial information re25 garding the vessel): 


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1 (1) A vessel listed on an IUU vessel list of an 

2 RFMO. 

3 (2) A vessel taking part in fishing that under4 mines the effectiveness of RFMO management 

5 measures on the high seas, including a foreign vessel 

6 (defined in section 110 of title 46, United States 

7 Code)— 

8 (A) exceeding applicable RFMO catch lim9 its; or 

10 (B) that is operating inconsistent with rel11 evant catch allocation arrangements of the 

12 RFMO even if operating under the authority of 

13 a foreign country that is not a member of the 

14 RFMO. 

15 (3) A vessel, either on the high seas or in the 

16 exclusive economic zone of another country, identi17 fied and reported by United States authorities to an 

18 RFMO to be conducting IUU fishing when the 

19 United States has reason to believe the foreign coun20 try to which the vessel is registered or documented 

21 is not addressing the allegation. 

22 (4) A vessel on the high seas identified and re23 ported by United States authorities to be conducting 

24 fishing that involves the use of forced labor. 


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1 (5) A vessel that provides services (excluding 

2 emergency or enforcement services) to a vessel that 

3 is on the black list, including transshipment, resup4 ply, refueling, or pilotage. 

5 (6) A foreign vessel (defined in section 110 of 

6 title 46, United States Code) that is a fishing vessel 

7 engaged in commercial fishing without a permit 

8 issued under title II of the Magnuson-Stevens Fish9 ery Conservation and Management Act (16 U.S.C. 

10 1821 et seq.). 

11 (7) A vessel found by U.S. Customs and Border 

12 Protection to have had a withhold release order 

13 issued pursuant to section 307 of the Tariff Act of 

14 1930 (19 U.S.C. 1307), provided that the withhold 

15 release order has not been subsequently revoked. 

16 (8) A vessel that has the same owner as a ves17 sel on the black list at the time of the infraction. 

18 (9) A vessel subject to economic sanctions ad19 ministered by the Department of the Treasury Of20 fice of Foreign Assets Control for transnational 

21 criminal activity associated with IUU fishing under 

22 Executive Order 13581 (76 Fed. Reg. 44757, 84 

23 Fed. Reg. 10255; relating to blocking property of 

24 transnational criminal organizations), or any other 

25 applicable economic sanctions program. 


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1 (10) A vessel listed under section 608(c) of the 

2 High Seas Driftnet Fishing Moratorium Protection 

3 Act (16 U.S.C. 1826i(c)). 

4 (d) NOMINATIONS TO BE PUT ON BLACK LIST.— 

5 (1) IN GENERAL.—The Administrator may ac6 cept nominations for putting a vessel on the black 

7 list from— 

8 (A) the head of an executive branch agency 

9 that is a member of the Interagency Working 

10 Group on IUU Fishing established under sec11 tion 3551 of the Maritime SAFE Act (16 

12 U.S.C. 8031); or 

13 (B) a country that is a member of the 

14 Combined Maritime Forces. 

15 (2) PROCEDURES FOR ADDITION.—The Admin16 istrator may put a vessel on the black list only after 

17 notification to the vessel’s owner and a review of any 

18 information that the owner provides within 90 days 

19 of the notification. 

20 (e) PUBLIC INFORMATION.—The Administrator shall 

21 publish the black list in the Federal Register and on a 

22 website and include the following information (as much 

23 as is available and confirmed) for each vessel on the list: 

24 (1) The name of the vessel. 


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1 (2) The International Maritime Organization 

2 (IMO) number of the vessel. 

3 (3) The call sign of the vessel. 

4 (4) Each beneficial owner’s address of the ves5 sel. 

6 (5) The country where the vessel is registered 

7 or documented, and where it was previously reg8 istered if known. 

9 (6) The date of inclusion on the black list of the 

10 vessel. 

11 (7) The Food and Agriculture Organization’s 

12 global record of the vessel’s unique vessel identifica13 tion, if applicable. 

14 (8) Any other identifying information on the 

15 vessel, as determined appropriate by the Adminis16 trator. 

17 (f) CONSEQUENCES OF BEING BLACK LISTED.— 

18 (1) IN GENERAL.—Except for the purposes of 

19 inspection and enforcement or in case of force 

20 majeure, a vessel on the black list is prohibited 

21 from— 

22 (A) accessing United States ports and 

23 using port services; 

24 (B) traveling through the United States 

25 territorial sea unless it is conducting innocent 


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1 passage in accordance with customary inter2 national law; and 

3 (C) delivering supplies, delivering services, 

4 or transshipment within waters subject to the 

5 jurisdiction of the United States, in accordance 

6 with customary international law. 

7 (2) SERVICING PROHIBITED.—No vessel of the 

8 United States (defined in section 116 of title 46, 

9 United States Code) may service a vessel that is on 

10 the black list, except in an emergency involving life 

11 and safety and for enforcement services. 

12 (g) ENFORCEMENT OF BLACK LIST.— 

13 (1) IN GENERAL.—Except as provided in para14 graph (2), a vessel subject to the jurisdiction of the 

15 United States on the black list and the cargo of such 

16 vessel shall be subject to seizure and forfeiture to 

17 the United States in the same manner as merchan18 dise is forfeited for violation of the customs revenue 

19 laws. 

20 (2) EXCEPTION.—The cargo of seafood of a 

21 vessel subject to the jurisdiction of the United States 

22 on the black list shall not be subject to seizure and 

23 forfeiture to the United States if the cargo of sea24 food is in the possession of an importer who has 

25 paid for the cargo of seafood and did not know, or 


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1 did not have any reason to know, that the seafood 

2 was the product of IUU fishing. 

3 (h) PERMANENCY OF BLACK LIST.— 

4 (1) IN GENERAL.—Except as provided in para5 graphs (2) through (4), a vessel that is put on the 

6 black list shall remain on the black list. 

7 (2) REVOCATION OF WRO.—The Administrator 

8 shall remove a vessel from the black list if the vessel 

9 was added to the black list because it was found by 

10 U.S. Customs and Border Protection to have had a 

11 withhold release order issued pursuant to section 

12 307 of the Tariff Act of 1930 (19 U.S.C. 1307) and 

13 the withhold release order was subsequently revoked. 

14 (3) POTENTIAL REMOVAL.— 

15 (A) IN GENERAL.—With the concurrence 

16 of the Secretary of State and consultation with 

17 U.S. Customs and Border Protection, the Ad18 ministrator may remove a vessel from the black 

19 list if the owner of the vessel submits an appli20 cation for removal to the Administrator that 

21 meets the standards that the Administrator has 

22 set out for removal. 

23 (B) STANDARDS.—The Administrator shall 

24 include in the standards set out for removal a 

25 determination that the vessel or vessel owner 


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1 has not engaged in IUU fishing or forced labor 

2 during the 5-year period preceding the date of 

3 the application for removal. 

4 (C) CONSIDERATION OF RELEVANT INFOR5 MATION.—In considering an application for re6 moval, the Administrator shall consider relevant 

7 information from all sources. 

8 (4) REMOVAL DUE TO RFMO ACTION.—The Ad9 ministrator may remove a vessel from the black list 

10 if the vessel was put on the black list because it was 

11 a vessel listed on an IUU vessel list of an RFMO, 

12 pursuant to subsection (c)(1), and the RFMO re13 moved the vessel from its IUU vessel list. 

14 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated to the Department of 

16 Commerce to carry out this section $20,000,000 for each 

17 of fiscal years 2023 through 2028. 

18 SEC. 5. IMPOSITION OF SANCTIONS WITH RESPECT TO BEN19 EFICIAL OWNERS OF VESSELS ON BLACK 

20 LIST. 

21 (a) IN GENERAL.—The President shall impose the 

22 sanctions described in subsection (b) with respect to each 

23 foreign person that the President determines, on or after 

24 the date of the enactment of this Act, is the beneficial 


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1 owner of a vessel identified on the black list under section 

2 4. 

3 (b) SANCTIONS DESCRIBED.—The sanctions to be 

4 imposed under subsection (a) are the following: 

5 (1) BLOCKING OF PROPERTY.—The exercise of 

6 all powers granted to the President by the Inter7 national Emergency Economic Powers Act (50 

8 U.S.C. 1701 et seq.) to the extent necessary to block 

9 and prohibit all transactions in all property and in10 terests in property of a foreign person described in 

11 subsection (a), including, to the extent appropriate, 

12 the vessel of which the person is the beneficial 

13 owner, if such property and interests in property are 

14 in the United States, come within the United States, 

15 or are or come within the possession or control of a 

16 United States person. 

17 (2) INELIGIBILITY FOR VISAS, ADMISSION, OR

18 PAROLE.— 

19 (A) VISAS, ADMISSION, OR PAROLE.—A 

20 foreign person described in subsection (a) is— 

21 (i) inadmissible to the United States; 

22 (ii) ineligible to receive a visa or other 

23 documentation to enter the United States; 

24 and 


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1 (iii) otherwise ineligible to be admitted 

2 or paroled into the United States or to re3 ceive any other benefit under the Immigra4 tion and Nationality Act (8 U.S.C. 1101 et 

5 seq.). 

6 (B) CURRENT VISAS REVOKED.— 

7 (i) IN GENERAL.—The visa or other 

8 entry documentation of a foreign person 

9 described in subsection (a) shall be re10 voked, regardless of when such visa or 

11 other entry documentation is or was 

12 issued. 

13 (ii) IMMEDIATE EFFECT.—A revoca14 tion under clause (i) shall, in accordance 

15 with section 221(i) of the Immigration and 

16 Nationality Act (8 U.S.C. 1201(i))— 

17 (I) take effect; and 

18 (II) cancel any other valid visa or 

19 entry documentation that is in the 

20 person’s possession. 

21 (c) IMPLEMENTATION; PENALTIES.— 

22 (1) IMPLEMENTATION.—The President may ex23 ercise all authorities provided under sections 203 

24 and 205 of the International Emergency Economic 


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1 Powers Act (50 U.S.C. 1702 and 1704) to carry out 

2 this section. 

3 (2) PENALTIES.—A person that violates, at4 tempts to violate, conspires to violate, or causes a 

5 violation of this section or any regulation, license, or 

6 order issued to carry out this section shall be subject 

7 to the penalties set forth in subsections (b) and (c) 

8 of section 206 of the International Emergency Eco9 nomic Powers Act (50 U.S.C. 1705) to the same ex10 tent as a person that commits an unlawful act de11 scribed in subsection (a) of that section. 

12 (d) NATIONAL INTEREST WAIVER.—The President 

13 may waive the imposition of sanctions under this section 

14 with respect to a person if the President— 

15 (1) determines that such a waiver is in the na16 tional interests of the United States; and 

17 (2) submits to Congress a notification on the 

18 waiver and the reasons for the waiver. 

19 (e) EXCEPTIONS.— 

20 (1) EXCEPTIONS FOR AUTHORIZED INTEL21 LIGENCE AND LAW ENFORCEMENT ACTIVITIES.— 

22 This section shall not apply with respect to activities 

23 subject to the reporting requirements under title V 

24 of the National Security Act of 1947 (50 U.S.C. 

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1 forcement, or national security activities of the 

2 United States. 

3 (2) EXCEPTION TO COMPLY WITH INTER4 NATIONAL AGREEMENTS.—Sanctions under sub5 section (b)(2) shall not apply with respect to the ad6 mission of an alien to the United States if such ad7 mission is necessary to comply with the obligations 

8 of the United States under the Agreement regarding 

9 the Headquarters of the United Nations, signed at 

10 Lake Success June 26, 1947, and entered into force 

11 November 21, 1947, between the United Nations 

12 and the United States, or the Convention on Con13 sular Relations, done at Vienna April 24, 1963, and 

14 entered into force March 19, 1967, or other inter15 national obligations. 

16 (f) LIFTING OF SANCTIONS.—The President shall lift 

17 the sanctions imposed under this section with respect to 

18 a foreign person if the foreign person is no longer the ben19 eficial owner of a vessel identified on the black list under 

20 section 4. 

21 (g) DEFINITIONS.—In this section: 

22 (1) ADMISSION; ADMITTED; ALIEN; LAWFULLY

23 ADMITTED FOR PERMANENT RESIDENCE.—The 

24 terms ‘‘admission’’, ‘‘admitted’’, ‘‘alien’’, and ‘‘law25 fully admitted for permanent residence’’ have the 


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1 meanings given those terms in section 101 of the 

2 Immigration and Nationality Act (8 U.S.C. 1101). 

3 (2) BENEFICIAL OWNER.—The term ‘‘beneficial 

4 owner’’ means, with respect to a vessel, a person 

5 that, directly or indirectly, through any contract, ar6 rangement, understanding, relationship, or other7 wise— 

8 (A) exercises substantial control over the 

9 vessel; or 

10 (B) owns not less than 50 percent of the 

11 ownership interests in the vessel. 

12 (3) FOREIGN PERSON.—The term ‘‘foreign per13 son’’ means an individual or entity that is not a 

14 United States person. 

15 (4) UNITED STATES PERSON.—The term 

16 ‘‘United States person’’ means— 

17 (A) a United States citizen or an alien law18 fully admitted for permanent residence to the 

19 United States; or 

20 (B) an entity organized under the laws of 

21 the United States or any jurisdiction within the 

22 United States, including a foreign branch of 

23 such an entity. 


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1 SEC. 6. AGREEMENTS. 

2 (a) PRESIDENTIAL NEGOTIATION.—In negotiating 

3 any relevant agreement with a foreign nation or nations 

4 after the date of enactment of this Act, the President is 

5 encouraged to consider the impacts on or to IUU fishing 

6 and strive to ensure that the agreement strengthens ef7 forts to combat IUU fishing. 

8 (b) SECRETARY OF STATE ENCOURAGEMENT.—To9 gether with other government partners if appropriate, the 

10 Secretary of State should encourage other nations to ratify 

11 treaties and agreements that address IUU fishing to which 

12 the United States is a party, including the UN Fish 

13 Stocks Agreement, the Port State Measures Agreement, 

14 and other applicable agreements, and pursue bilateral and 

15 multilateral initiatives to raise international ambition to 

16 combat IUU fishing, including in the G7 and G20, the 

17 United Nations, the International Labor Organization 

18 (ILO), and the International Maritime Organization 

19 (IMO), and through voluntary multilateral efforts. 

20 SEC. 7. COAST GUARD PROVISIONS. 

21 (a) INCREASE BOARDING OF VESSELS SUSPECTED

22 OF IUU FISHING.—The Commandant of the Coast Guard 

23 shall, in accordance with the UN Fish Stocks Agreement, 

24 increase, from year to year, its observation of vessels on 

25 the high seas that are suspected of IUU fishing and reVerDate Sep 11 2014 00:55 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S1227.IS S1227

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1 lated harmful practices, and is encouraged to consider 

2 boarding these vessels to the greatest extent practicable. 

3 (b) FOLLOW UP.—The Commandant of the Coast 

4 Guard shall, in consultation with the Secretary of State 

5 and the Administrator, coordinate regularly with regional 

6 fisheries management organizations to determine what 

7 corrective measures each country has taken after vessels 

8 that are registered or documented by the country have 

9 been boarded for suspected IUU fishing. 

10 (c) REPORT.—Not later than 1 year after the date 

11 of the enactment of this Act and in accordance with infor12 mation management rules of the relevant regional fisheries 

13 management organizations, the Commandant of the Coast 

14 Guard shall submit a report to Congress on— 

15 (1) the total number of bilateral agreements 

16 utilized or enacted during Coast Guard counter-IUU 

17 patrols and future patrol plans for operations with 

18 partner nations where bilateral agreements are re19 quired to effectively execute the counter-IUU mis20 sion and any changes to IUU provisions in bilateral 

21 agreements; 

22 (2) incidents of IUU fishing observed while con23 ducting High Seas Boarding and Inspections 

24 (HSBI), how the conduct is tracked after referral to 

25 the respective country where the vessel is registered 


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1 or documented, and what actions are taken to docu2 ment or otherwise act on the enforcement, or lack 

3 thereof, taken by the country; 

4 (3) the country where the vessel is registered or 

5 documented, the country where the vessel was pre6 viously registered and documented if known, and 

7 status of a vessel interdicted or observed to be en8 gaged in IUU fishing on the high seas by the Coast 

9 Guard; 

10 (4) incident details on vessels observed to be en11 gaged in IUU fishing on the high seas, boarding re12 fusals, and what action was taken; and 

13 (5) any other potential enforcement actions that 

14 could decrease IUU fishing on the high seas. 

15 SEC. 8. IMPROVED MANAGEMENT AT THE REGIONAL FISH16 ERIES MANAGEMENT ORGANIZATIONS. 

17 (a) INTERAGENCY WORKING GROUP ON IUU FISH18 ING.—Section 3551(c) of the Maritime SAFE Act (16 

19 U.S.C. 8031(c)) is amended— 

20 (1) in paragraph (13), by striking ‘‘and’’ after 

21 the semicolon; 

22 (2) in paragraph (14), by striking the period at 

23 the end and inserting a semicolon; and 

24 (3) by adding at the end the following: 


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1 ‘‘(15) developing a strategy for leveraging en2 forcement capacity against IUU fishing, particularly 

3 focusing on nations identified under section 609(a) 

4 of the High Seas Driftnet Fishing Moratorium Pro5 tection Act (16 U.S.C. 1826j(a)); and 

6 ‘‘(16) developing a strategy for leveraging en7 forcement capacity against associated crimes, such 

8 forced labor and other illegal labor practices, and in9 creasing enforcement and other actions across rel10 evant import control and assessment programs, 

11 using as resources— 

12 ‘‘(A) the List of Goods Produced by Child 

13 Labor or Forced Labor produced pursuant to 

14 section 105 of the Trafficking Victims Protec15 tion Reauthorization Act of 2005 (22 U.S.C. 

16 7112); 

17 ‘‘(B) the Trafficking in Persons Report re18 quired under section 110 of the Trafficking Vic19 tims Protection Act of 2000 (22 U.S.C. 7107); 

20 and 

21 ‘‘(C) United States Customs and Border 

22 Protection’s Forced Labor Division and en23 forcement activities and regulations authorized 

24 under section 307 of the Tariff Act of 1930 (19 

25 U.S.C. 1307).’’. 


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1 (b) SECRETARY OF STATE IDENTIFICATION.—The 

2 Secretary of State, in coordination with the Commandant 

3 of the Coast Guard and the Administrator, shall— 

4 (1) identify regional fisheries management or5 ganizations that the United States is party to that 

6 do not have a high seas boarding and inspection pro7 gram; and 

8 (2) identify obstacles, needed authorities, or ex9 isting efforts to increase implementation of these 

10 programs, and take action as appropriate. 

11 SEC. 9. STRATEGIES TO OPTIMIZE DATA COLLECTION, 

12 SHARING AND ANALYSIS. 

13 Section 3552 of the Maritime SAFE Act (16 U.S.C. 

14 8032) is amended by adding at the end: 

15 ‘‘(c) STRATEGIES TO OPTIMIZE DATA COLLECTION, 

16 SHARING, AND ANALYSIS.—Not later than 2 years after 

17 the publication of the strategic plan submitted under sub18 section (a), the Working Group shall identify information 

19 and resources to prevent fish and fish products from IUU 

20 fishing from entering United States commerce without in21 creasing burden or trade barriers on seafood not produced 

22 from IUU fishing. The report shall include the following: 

23 ‘‘(1) Identification of relevant data streams col24 lected by Working Group members. 


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1 ‘‘(2) Identification of legal, jurisdictional, or 

2 other barriers to the sharing of such data. 

3 ‘‘(3) In consultation with the Secretary of De4 fense, recommendations for joint enforcement proto5 cols, collaboration, and information sharing between 

6 Federal agencies and States. 

7 ‘‘(4) Recommendations for sharing and devel8 oping forensic resources between Federal agencies 

9 and States. 

10 ‘‘(5) Recommendations for enhancing capacity 

11 for United States Customs and Border Protection 

12 and National Oceanic and Atmospheric Administra13 tion to conduct more effective field investigations 

14 and enforcement efforts with State enforcement offi15 cials. 

16 ‘‘(6) Recommendations for the dissemination of 

17 IUU fishing analysis and information to those enti18 ties that could use it for action and awareness, with 

19 the aim to establish an IUU fishing information 

20 sharing center. 

21 ‘‘(7) Recommendations for an implementation 

22 strategy, including measures for ensuring that trade 

23 in seafood not linked to IUU fishing is not im24 peded.’’. 


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1 SEC. 10. INVESTMENT AND TECHNICAL ASSISTANCE IN THE 

2 FISHERIES SECTOR. 

3 (a) IN GENERAL.—The Secretary of State, the Ad4 ministrator of the United States Agency for International 

5 Development, and the Secretary of Commerce, in consulta6 tion with the heads of relevant agencies, the Millennium 

7 Challenge Corporation, and multilateral institutions such 

8 as the World Bank, is encouraged to increase support to 

9 programs that provide technical assistance and investment 

10 to nations’ fisheries sectors for sustainable fisheries man11 agement and combating IUU fishing. The focus of such 

12 support is encouraged to be on priority regions and pri13 ority flag states identified under section 3552(b) of the 

14 Maritime SAFE Act (16 U.S.C. 8032(b)). 

15 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated to the Department of 

17 State and the United States Agency for International De18 velopment to carry out subsection (a) $20,000,000 for 

19 each of fiscal years 2023 through 2028. 

20 SEC. 11. PREVENTING IMPORTATION OF SEAFOOD AND 

21 SEAFOOD PRODUCTS FROM FOREIGN VES22 SELS USING FORCED LABOR. 

23 (a) DEFINITIONS.—In this section: 

24 (1) FORCED LABOR.—The term ‘‘forced labor’’ 

25 has the meaning given that term in section 307 of 

26 the Tariff Act of 1930 (19 U.S.C. 1307). 


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1 (2) SEAFOOD.—The term ‘‘seafood’’ means 

2 fish, shellfish, processed fish, fish meal, shellfish 

3 products, and all other forms of marine animal and 

4 plant life other than marine mammals and birds. 

5 (3) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of Commerce, acting through the Ad7 ministrator of the National Oceanic and Atmos8 pheric Administration or the designee of the Admin9 istrator. 

10 (b) FORCED LABOR ON FOREIGN FISHING VES11 SELS.— 

12 (1) RULEMAKING.—Not later than 1 year after 

13 the date of enactment of this Act, the Commissioner 

14 of U.S. Customs and Border Protection, in coordina15 tion with the Secretary and the Forced Labor En16 forcement Task Force, established pursuant to sec17 tion 741 of the United States-Mexico-Canada Agree18 ment Implementation Act (19 U.S.C. 4681), shall 

19 issue regulations regarding the verification of sea20 food imports to ensure that no seafood or seafood 

21 product harvested on foreign vessels using forced 

22 labor is entered into the United States in violation 

23 of section 307 of the Tariff Act of 1930 (19 U.S.C. 

24 1307). 


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1 (2) STRATEGY.—The Commissioner of U.S. 

2 Customs and Border Protection, in coordination 

3 with the Secretary shall— 

4 (A) develop a strategy for utilizing relevant 

5 United States Government data to identify im6 ports of seafood or seafood products harvested 

7 on foreign vessels using forced labor; and 

8 (B) publish information regarding the 

9 strategy developed under subparagraph (A) on 

10 the website of U.S. Customs and Border Pro11 tection. 

12 SEC. 12. REPORTS. 

13 (a) IMPACT OF NEW TECHNOLOGY.—Not later than 

14 1 year after the date of enactment of this Act, the Sec15 retary of Homeland Security, in coordination with the Ad16 ministrator and the Working Group established under sec17 tion 3551 of the Maritime SAFE Act (16 U.S.C. 8031), 

18 shall conduct a study to assess the impact of new tech19 nology (such as remote observing, the use of drones, devel20 opment of risk assessment tools and data-sharing soft21 ware, immediate containerization of fish on fishing vessels, 

22 and other technology-enhanced new fishing practices) on 

23 IUU fishing and propose ways to integrate these tech24 nologies into global fisheries enforcement and manage25 ment. 


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1 (b) RUSSIAN AND CHINESE FISHING INDUSTRIES’ 

2 INFLUENCE ON EACH OTHER AND ON THE UNITED

3 STATES SEAFOOD AND FISHING INDUSTRY.—Not later 

4 than 2 years after the date of the enactment of this Act, 

5 the Secretary of State, with support from the Secretary 

6 of Commerce and the Office of the United States Trade 

7 Representative, shall— 

8 (1) conduct a study on the collaboration be9 tween the Russian and Chinese fishing industries 

10 and on the role of seafood reprocessing in China (in11 cluding that of raw materials originating in Russia) 

12 in global seafood markets and its impact on United 

13 States seafood importers, processors, and con14 sumers; and 

15 (2) complete a report on the study that includes 

16 classified and unclassified portions, as the Secretary 

17 of State determines necessary. 

18 (c) FISHERMEN CONDUCTING UNLAWFUL FISHING

19 IN THE ECONOMIC EXCLUSION ZONE.—Section 3551 of 

20 the Maritime SAFE Act (16 U.S.C. 8031) is amended by 

21 adding at the end the following: 

22 ‘‘(d) THE IMPACTS OF IUU FISHING.— 

23 ‘‘(1) IN GENERAL.—The Administrator, in con24 sultation with relevant members of the Working 

25 Group, shall seek to enter into an arrangement with 


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1 the National Academies of Sciences, Engineering, 

2 and Medicine under which the National Academies 

3 will undertake a multifaceted study that includes the 

4 following: 

5 ‘‘(A) An analysis that quantifies the occur6 rence and extent of IUU fishing among flag 

7 states. 

8 ‘‘(B) An evaluation of the costs to the 

9 United States economy of IUU fishing. 

10 ‘‘(C) An assessment of the costs to the 

11 global economy of IUU fishing. 

12 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

13 There is authorized to be appropriated to carry out 

14 this subsection $2,000,000.’’. 

15 (d) REPORT.—Not later than 24 months after the 

16 date of the enactment of this Act, the Administrator shall 

17 submit to Congress a report on the study conducted under 

18 subsection (d) of section 3551 of the Maritime SAFE Act 

19 that includes— 

20 (1) the findings of the National Academies; and 

21 (2) recommendations on knowledge gaps that 

22 warrant further scientific inquiry. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS