FISH Act of 2023

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 Trans- portation A BILL To combat illegal, unreported, and unregulated fishing at its sources globally. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Fighting Foreign Ille- 4 gal Seafood Harvests Act of 2023’’ or the ‘‘FISH Act of 5 2023’’. 6 SEC. 2. DEFINITIONS. 7 In this Act: 8 (1) ADMINISTRATOR.—Unless otherwise pro- 9 vided, the term ‘‘Administrator’’ means the Adminis- 10 VerDate Sep 11 2014 00:55 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1227.IS S1227 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1227 IS trator of the National Oceanic and Atmospheric Ad- 1 ministration. 2 (2) IUU FISHING.—The term ‘‘IUU fishing’’ 3 means activities described as illegal fishing, unre- 4 ported fishing, and unregulated fishing in paragraph 5 3 of the International Plan of Action to Prevent, 6 Deter, and Eliminate Illegal, Unreported and Un- 7 regulated Fishing, adopted at the 24th Session of 8 the Committee on Fisheries in Rome on March 2, 9 2001. 10 (3) REGIONAL FISHERIES MANAGEMENT ORGA- 11 NIZATION.—The terms ‘‘regional fisheries manage- 12 ment organization’’ and ‘‘RFMO’’ have the meaning 13 given the terms in section 303 of the Port State 14 Measures Agreement Act of 2015 (16 U.S.C. 7402). 15 SEC. 3. STATEMENT OF POLICY. 16 It is the policy of the United States to partner, con- 17 sult, and coordinate with foreign governments (at the na- 18 tional and subnational levels), civil society, international 19 organizations, international financial institutions, sub- 20 national coastal communities, commercial and recreational 21 fishing industry leaders, communities that engage in 22 artisanal or subsistence fishing, fishers, and the private 23 sector, in a concerted effort— 24 VerDate Sep 11 2014 00:55 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1227.IS S1227 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1227 IS (1) to continue the broad effort across the Fed- 1 eral Government to counter IUU fishing, including 2 any potential links to forced labor, and related 3 threats to maritime security, as outlined in sections 4 3533 and 3534 of the Maritime SAFE Act (16 5 U.S.C. 8002 and 8003); and 6 (2) to, additionally— 7 (A) prioritize efforts to prevent IUU fish- 8 ing at its sources; and 9 (B) support continued implementation of 10 the Central Arctic Ocean Fisheries agreement, 11 as well as joint research and follow-on actions 12 that ensure sustainability of fish stocks in Arc- 13 tic international waters. 14 SEC. 4. IUU VESSEL LIST OR BLACK LIST. 15 (a) IN GENERAL.— 16 (1) ESTABLISHMENT.—The Administrator, in 17 coordination with the Secretary of State and the 18 Commissioner of U.S. Customs and Border Protec- 19 tion, shall establish, publish, and put vessels on a 20 United States IUU vessel list (referred to in this Act 21 as the ‘‘black list’’) that denies benefits such as port 22 privileges, certain travel through, delivery or receipt 23 of supplies or services, or transshipment in waters 24 within the jurisdiction of the United States, in ac- 25 VerDate Sep 11 2014 00:55 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1227.IS S1227 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1227 IS cordance with customary international law, for ves- 1 sels that have conducted IUU fishing and vessels 2 that have the same owner as a vessel on the black 3 list. 4 (2) COORDINATION.—In carrying out this sec- 5 tion, the Administrator shall coordinate with the 6 Secretary of Commerce to ensure actions taken 7 under this section add to and do not duplicate ac- 8 tions taken pursuant to the High Seas Driftnet 9 Fishing Moratorium Protection Act (16 U.S.C. 10 1826d et seq.) or the Port State Measures Agree- 11 ment Act of 2015 (16 U.S.C. 7401 et seq.) 12 (b) REGULATIONS AND PROCESS.—Not later than 6 13 months after the date of enactment of this Act, the Ad- 14 ministrator shall issue regulations to set a process for es- 15 tablishing, maintaining, implementing, and publishing the 16 black list. The Administrator may add or remove a vessel 17 to or from the black list on the date the vessel becomes 18 eligible for such addition or removal. 19 (c) BASIS TO BE PUT ON BLACK LIST.—The Admin- 20 istrator shall put a vessel on the black list expeditiously 21 if the Administrator demonstrates that there is a reason- 22 able basis to believe that a vessel is any of the following 23 (even if the Administrator has only partial information re- 24 garding the vessel): 25 VerDate Sep 11 2014 00:55 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1227.IS S1227 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1227 IS (1) A vessel listed on an IUU vessel list of an 1 RFMO. 2 (2) A vessel taking part in fishing that under- 3 mines the effectiveness of RFMO management 4 measures on the high seas, including a foreign vessel 5 (defined in section 110 of title 46, United States 6 Code)— 7 (A) exceeding applicable RFMO catch lim- 8 its; or 9 (B) that is operating inconsistent with rel- 10 evant catch allocation arrangements of the 11 RFMO even if operating under the authority of 12 a foreign country that is not a member of the 13 RFMO. 14 (3) A vessel, either on the high seas or in the 15 exclusive economic zone of another country, identi- 16 fied and reported by United States authorities to an 17 RFMO to be conducting IUU fishing when the 18 United States has reason to believe the foreign coun- 19 try to which the vessel is registered or documented 20 is not addressing the allegation. 21 (4) A vessel on the high seas identified and re- 22 ported by United States authorities to be conducting 23 fishing that involves the use of forced labor. 24 VerDate Sep 11 2014 00:55 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1227.IS S1227 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1227 IS (5) A vessel that provides services (excluding 1 emergency or enforcement services) to a vessel that 2 is on the black list, including transshipment, resup- 3 ply, refueling, or pilotage. 4 (6) A foreign vessel (defined in section 110 of 5 title 46, United States Code) that is a fishing vessel 6 engaged in commercial fishing without a permit 7 issued under title II of the Magnuson-Stevens Fish- 8 ery Conservation and Management Act (16 U.S.C. 9 1821 et seq.). 10 (7) A vessel found by U.S. Customs and Border 11 Protection to have had a withhold release order 12 issued pursuant to section 307 of the Tariff Act of 13 1930 (19 U.S.C. 1307), provided that the withhold 14 release order has not been subsequently revoked. 15 (8) A vessel that has the same owner as a ves- 16 sel on the black list at the time of the infraction. 17 (9) A vessel subject to economic sanctions ad- 18 ministered by the Department of the Treasury Of- 19 fice of Foreign Assets Control for transnational 20 criminal activity associated with IUU fishing under 21 Executive Order 13581 (76 Fed. Reg. 44757, 84 22 Fed. Reg. 10255; relating to blocking property of 23 transnational criminal organizations), or any other 24 applicable economic sanctions program. 25 VerDate Sep 11 2014 02:44 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1227.IS S1227 kjohnson on DSK79L0C42PROD with BILLS 7 •S 1227 IS (10) A vessel listed under section 608(c) of the 1 High Seas Driftnet Fishing Moratorium Protection 2 Act (16 U.S.C. 1826i(c)). 3 (d) NOMINATIONS TO BE PUT ON BLACK LIST.— 4 (1) IN GENERAL.—The Administrator may ac- 5 cept nominations for putting a vessel on the black 6 list from— 7 (A) the head of an executive branch agency 8 that is a member of the Interagency Working 9 Group on IUU Fishing established under sec- 10 tion 3551 of the Maritime SAFE Act (16 11 U.S.C. 8031); or 12 (B) a country that is a member of the 13 Combined Maritime Forces. 14 (2) PROCEDURES FOR ADDITION.—The Admin- 15 istrator may put a vessel on the black list only after 16 notification to the vessel’s owner and a review of any 17 information that the owner provides within 90 days 18 of the notification. 19 (e) PUBLIC INFORMATION.—The Administrator shall 20 publish the black list in the Federal Register and on a 21 website and include the following information (as much 22 as is available and confirmed) for each vessel on the list: 23 (1) The name of the vessel. 24 VerDate Sep 11 2014 00:55 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1227.IS S1227 kjohnson on DSK79L0C42PROD with BILLS 8 •S 1227 IS (2) The International Maritime Organization 1 (IMO) number of the vessel. 2 (3) The call sign of the vessel. 3 (4) Each beneficial owner’s address of the ves- 4 sel. 5 (5) The country where the vessel is registered 6 or documented, and where it was previously reg- 7 istered if known. 8 (6) The date of inclusion on the black list of the 9 vessel. 10 (7) The Food and Agriculture Organization’s 11 global record of the vessel’s unique vessel identifica- 12 tion, if applicable. 13 (8) Any other identifying information on the 14 vessel, as determined appropriate by the Adminis- 15 trator. 16 (f) CONSEQUENCES OF BEING BLACK LISTED.— 17 (1) IN GENERAL.—Except for the purposes of 18 inspection and enforcement or in case of force 19 majeure, a vessel on the black list is prohibited 20 from— 21 (A) accessing United States ports and 22 using port services; 23 (B) traveling through the United States 24 territorial sea unless it is conducting innocent 25 VerDate Sep 11 2014 00:55 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1227.IS S1227 kjohnson on DSK79L0C42PROD with BILLS 9 •S 1227 IS passage in accordance with customary inter- 1 national law; and 2 (C) delivering supplies, delivering services, 3 or transshipment within waters subject to the 4 jurisdiction of the United States, in accordance 5 with customary international law. 6 (2) SERVICING PROHIBITED.—No vessel of the 7 United States (defined in section 116 of title 46, 8 United States Code) may service a vessel that is on 9 the black list, except in an emergency involving life 10 and safety and for enforcement services. 11 (g) ENFORCEMENT OF BLACK LIST.— 12 (1) IN GENERAL.—Except as provided in para- 13 graph (2), a vessel subject to the jurisdiction of the 14 United States on the black list and the cargo of such 15 vessel shall be subject to seizure and forfeiture to 16 the United States in the same manner as merchan- 17 dise is forfeited for violation of the customs revenue 18 laws. 19 (2) EXCEPTION.—The cargo of seafood of a 20 vessel subject to the jurisdiction of the United States 21 on the black list shall not be subject to seizure and 22 forfeiture to the United States if the cargo of sea- 23 food is in the possession of an importer who has 24 paid for the cargo of seafood and did not know, or 25 VerDate Sep 11 2014 00:55 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1227.IS S1227 kjohnson on DSK79L0C42PROD with BILLS 10 •S 1227 IS did not have any reason to know, that the seafood 1 was the product of IUU fishing. 2 (h) PERMANENCY OF BLACK LIST.— 3 (1) IN GENERAL.—Except as provided in para- 4 graphs (2) through (4), a vessel that is put on the 5 black list shall remain on the black list. 6 (2) REVOCATION OF WRO.—The Administrator 7 shall remove a vessel from the black list if the vessel 8 was added to the black list because it was found by 9 U.S. Customs and Border Protection to have had a 10 withhold release order issued pursuant to section 11 307 of the Tariff Act of 1930 (19 U.S.C. 1307) and 12 the withhold release order was subsequently revoked. 13 (3) POTENTIAL REMOVAL.— 14 (A) IN GENERAL.—With the concurrence 15 of the Secretary of State and consultation with 16 U.S. Customs and Border Protection, the Ad- 17 ministrator may remove a vessel from the black 18 list if the owner of the vessel submits an appli- 19 cation for removal to the Administrator that 20 meets the standards that the Administrator has 21 set out for removal. 22 (B) STANDARDS.—The Administrator shall 23 include in the standards set out for removal a 24 determination that the vessel or vessel owner 25 VerDate Sep 11 2014 00:55 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1227.IS S1227 kjohnson on DSK79L0C42PROD with BILLS 11 •S 1227 IS has not engaged in IUU fishing or forced labor 1 during the 5-year period preceding the date of 2 the application for removal. 3 (C) CONSIDERATION OF RELEVANT INFOR- 4 MATION.—In considering an application for re- 5 moval, the Administrator shall consider relevant 6 information from all sources. 7 (4) REMOVAL DUE TO RFMO ACTION.—The Ad- 8 ministrator may remove a vessel from the black list 9 if the vessel was put on the black list because it was 10 a vessel listed on an IUU vessel list of an RFMO, 11 pursuant to subsection (c)(1), and the RFMO re- 12 moved the vessel from its IUU vessel list. 13 (i) AUTHORIZATION OF APPROPRIATIONS.—There 14 are authorized to be appropriated to the Department of 15 Commerce to carry out this section $20,000,000 for each 16 of fiscal years 2023 through 2028. 17 SEC. 5. IMPOSITION OF SANCTIONS WITH RESPECT TO BEN- 18 EFICIAL OWNERS OF VESSELS ON BLACK 19 LIST. 20 (a) IN GENERAL.—The President shall impose the 21 sanctions described in subsection (b) with respect to each 22 foreign person that the President determines, on or after 23 the date of the enactment of this Act, is the beneficial 24 VerDate Sep 11 2014 02:44 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1227.IS S1227 kjohnson on DSK79L0C42PROD with BILLS 12 •S 1227 IS owner of a vessel identified on the black list under section 1 4. 2 (b) SANCTIONS DESCRIBED.—The sanctions to be 3 imposed under subsection (a) are the following: 4 (1) BLOCKING OF PROPERTY.—The exercise of 5 all powers granted to the President by the Inter- 6 national Emergency Economic Powers Act (50 7 U.S.C. 1701 et seq.) to the extent necessary to block 8 and prohibit all transactions in all property and in- 9 terests in property of a foreign person described in 10 subsection (a), including, to the extent appropriate, 11 the vessel of which the person is the beneficial 12 owner, if such property and interests in property are 13 in the United States, come within the United S [Text truncated for display. 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