II 118th CONGRESS 1st Session S. 1227 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. Short title This Act may be cited as the Fighting Foreign Illegal Seafood Harvests Act of 2023 or the FISH Act of 2023 . 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 ). 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. 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. 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. 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. 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. 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. 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. . 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. 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. 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.