[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4773 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 4773
To combat illegal, unreported, and unregulated fishing at its sources
globally.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 4, 2022
Mr. Sullivan (for himself and Mr. Whitehouse) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To combat illegal, unreported, and unregulated fishing at its sources
globally.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fighting Foreign Illegal Seafood
Harvests Act of 2022'' or the ``FISH Act of 2022''.
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) Exclusive economic zone.--The term ``exclusive economic
zone'' means the zone established by Presidential Proclamation
Number 5030, dated March 10, 1983 (16 U.S.C. 1453 note;
relating to the exclusive economic zone of the United States of
America).
(3) IUU fishing.--The term ``IUU fishing'' means illegal
fishing, unreported fishing, and unregulated fishing (as such
terms are defined 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).
(4) 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, and the private sector, in a
concerted effort--
(1) to continue the broad effort across the Federal
Government to counter IUU fishing 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. BLACK LIST.
(a) In General.--The Administrator shall establish, publish, and
put vessels on a United States black list that denies port privileges,
certain travel through, delivery of supplies, delivery of services, or
transshipment in the exclusive economic zone for vessels that have
conducted IUU fishing and vessels that have the same owner as a vessel
on the black list.
(b) Standards.--The Administrator shall set standards for
establishing, maintaining, and publishing the black list.
(c) Basis To Be Put on Black List.--The Administrator shall put a
vessel on the black list if it is any of the following:
(1) A vessel listed on an IUU fishing list of a regional
fisheries management organization.
(2) A vessel taking part in fishing outside RFMO quota
arrangements on the high seas.
(3) A vessel on the high seas identified and reported by
United States authorities to be conducting IUU fishing.
(4) 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.
(5) A foreign fishing vessel engaged in commercial fishing
in the exclusive economic zone without a permit issued under
title II of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1821 et seq.).
(6) A vessel found by Customs and Border Protection to have
had a withhold release order in contravention of section 307 of
the Tariff Act of 1930 (19 U.S.C. 1307), provided that the
withhold release order has not been subsequently revoked.
(7) A vessel that has the same owner as a vessel on the
black list.
(8) A vessel subject to economic sanctions administered by
the Department of Treasury Office of Foreign Assets Control for
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 economic sanctions
program.
(d) Nominations To Be Put on Black List.--
(1) In general.--The Administrator may accept nominations
for placing 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) Due process.--The Administrator may accept nominations
for placing a vessel on the black list only after due process,
including notification to the vessel's owner and a review of
any information that the owner provides.
(e) Public Information.--The Administrator shall publish the black
list and include the following information 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 and owner's address of the
vessel.
(5) The registry/flag state of the vessel.
(6) The date of inclusion on the black list of the vessel.
(7) 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;
(B) traveling through the United States exclusive
economic zone unless it is conducting innocent passage;
and
(C) delivering supplies, delivering services, or
transshipment in the United States exclusive economic
zone.
(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 for
emergency and enforcement services.
(g) Enforcement of Black List.--A vessel on the black list and the
cargo of such vessel shall be subject to section 70052 of title 46,
United States Code.
(h) Permanency of Black List.--
(1) In general.--Except as provided in paragraphs (2) and
(3), 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 Customs and Border Protection to
have had a withhold release order in contravention of section
307 of the Tariff Act of 1930 (19 U.S.C. 1307) and the withhold
release order was subsequently revoked.
(3) Potential reinstatement.--In coordination with the
Secretary of State, the Administrator may remove a vessel from
the black list if the owner of the vessel submits an
application for removal or an appeal to the Administrator. In
considering the application, the Administrator shall consider
all relevant information, including whether the vessel or
vessel owner has engaged in IUU fishing during the 5-year
period preceding the application.
(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 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 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.--An alien
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 an alien 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--
(I) take effect immediately; and
(II) automatically cancel any other
valid visa or entry documentation that
is in the alien'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 or law enforcement
activities of the United States.
(2) Exception to comply with international agreements.--
Sanctions under subsection (b)(2) shall not apply with respect
to the admission of an alien to the United States if such
admission is necessary to comply with the obligations of the
United States under the Agreement regarding the Headquarters of
the United Nations, signed at Lake Success June 26, 1947, and
entered into force November 21, 1947, between the United
Nations and the United States, or the Convention on Consular
Relations, done at Vienna April 24, 1963, and entered into
force March 19, 1967, or other international obligations.
(3) Exception relating to importation of goods.--
(A) In general.--The requirement to impose
sanctions under this section shall not include the
authority or a requirement to impose sanctions on the
importation of goods.
(B) Good defined.--In this paragraph, the term
``good'' means any article, natural or manmade
substance, material, supply, or manufactured product,
including inspection and test equipment, and excluding
technical data.
(f) 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 or controls not less than 25 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;
(B) an entity organized under the laws of the
United States or any jurisdiction within the United
States, including a foreign branch of such an entity;
or
(C) any person in the United States.
SEC. 6. AGREEMENTS.
(a) Presidential Negotiation.--In negotiating any relevant
agreement with a foreign nation or nations after the date of enactment
of this Act, the President shall 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 partners
if appropriate, the Secretary of State shall 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.
SEC. 7. DEFINITION OF ILLEGAL, UNREPORTED, AND UNREGULATED FISHING.
(a) Definition of Illegal, Unreported, and Unregulated Fishing in
the High Seas Driftnet Fishing Moratorium Protection Act.--Section
609(e) of the High Seas Driftnet Fishing Moratorium Protection Act (16
U.S.C. 1826j(e)) is amended to read as follows:
``(e) Illegal, Unreported, or Unregulated Fishing Defined.--In this
title, the terms `illegal, unreported, and unregulated fishing' and
`illegal, unreported, or unregulated fishing' mean any activity set out
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.''.
(b) Definition of Illegal, Unreported, or Unregulated Fishing in
the Magnuson-Stevens Fishery Conservation and Management Act.--Section
3 of the Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1802) is amended by adding at the end the following:
``(51) Illegal, unreported, or unregulated fishing.--The
terms `illegal, unreported, or unregulated fishing', `illegal,
unreported, and unregulated fishing', and `illegal, unreported
and unregulated fishing' mean any activity set out 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.''.
SEC. 8. 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 and
boarding of vessels on the high seas that are suspected of IUU fishing,
to the greatest extent practicable.
(b) Follow up.--The Commandant of the Coast Guard shall coordinate
regularly with regional fisheries management organizations to determine
what corrective measures each nation has taken after its vessels have
been boarded for suspected IUU fishing.
(c) Report.--Not later than 1 year after the date of the enactment
of this Act, the Commandant of the Coast Guard shall submit a report to
Congress on--
(1) the total number of bilateral agreements that contain
an IUU fishing nexus or authorities, and what the Coast Guard
is doing to increase this percentage;
(2) violations observed under the Coast Guard high seas
boarding program, how the violations are tracked after referral
to the respective flag state, and what actions are taken to
document or otherwise act on the enforcement, or lack thereof,
taken by a flag state;
(3) the flag state and status of vessels interdicted or
observed to be engaged in IUU fishing on the high seas by the
Coast Guard;
(4) the flag state and status and incident details on
vessels observed to violate international laws on the high
seas, such as refusal to allow boarding, and what action was
taken; and
(5) any other potential enforcement actions that could
decrease IUU fishing on the high seas.
SEC. 9. 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 (12), by striking ``and'' after the
semicolon;
(2) in paragraph (13), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(14) developing a strategy for leveraging enforcement
capacity against IUU fishing, particularly focusing on nations
identified under section 609(a) or 610(a) of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(a)
and 1826k(a)); and
``(15) developing a strategy for leveraging enforcement
capacity against IUU fishing and increasing enforcement and
other actions across relevant import control and assessment
programs, including--
``(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, shall--
(1) identify regional fisheries management organizations
that the United States is party to that do not have a high seas
boarding program; and
(2) identify obstacles, needed authorities, or existing
efforts to increase implementation of these programs, and take
action as appropriate.
SEC. 10. 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 seafood 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. 11. INVESTMENT AND TECHNICAL ASSISTANCE IN THE FISHERIES SECTOR.
(a) In General.--The Secretary of State and the Administrator of
the United States Agency for International Development, in consultation
with the heads of relevant agencies, the Millennium Challenge
Corporation, and multilateral institutions such as the World Bank,
shall 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 shall
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) $10,000,000
for each such agency for each of fiscal years 2023 through 2028.
SEC. 12. 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.
(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, 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 and the
Secretary of the department in which the Coast Guard is
operating, shall--
(A) develop a strategy for utilizing relevant U.S.
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. 13. REPORTS.
(a) Impact of New Technology.--Not later than 1 year after the date
of enactment of this Act, the Administrator, in coordination with 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) Report.--Not later than 1 year after the date of enactment of
the Fighting Foreign Illegal Seafood Harvests Act of 2022, the chair of
the Working Group in coordination with members of the Working Group,
shall submit a report to Congress on foreign fishermen who were
detained or arrested in the exclusive economic zone, how many were
referred to prosecution and the outcome of the cases, and what
authorities, or obstacles to overcome, are needed to increase the
prosecution referral rate.
``(e) The Impacts of IUU Fishing.--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:
``(1) An analysis that quantifies the occurrence and extent
of IUU fishing among flag states.
``(2) An evaluation of the costs to the United States
economy of IUU fishing.
``(3) An assessment of the costs to the global economy of
IUU fishing.''.
(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 (e) 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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