[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 688 Engrossed in Senate (ES)]
<DOC>
119th CONGRESS
2d Session
S. 688
_______________________________________________________________________
AN ACT
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 2025'' or the ``FISH Act of 2025''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--Unless otherwise provided, the term
``Administrator'' means the Administrator of the National
Oceanic and Atmospheric Administration or the designee of the
Administrator.
(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) Fish.--The term ``fish'' means finfish, crustaceans,
and mollusks.
(4) 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).
(5) 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.
(6) 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).
(7) 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.
(8) Secretary.--Unless otherwise provided, 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.
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, 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, human trafficking, and other 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. ESTABLISHMENT OF AN IUU VESSEL LIST.
Section 608 of the High Seas Driftnet Fishing Moratorium Protection
Act (16 U.S.C. 1826i) is amended by striking subsections (c) and (d)
and inserting the following:
``(c) IUU Vessel List.--
``(1) In general.--The Secretary, in coordination with the
Secretary of State, the Secretary of Labor, and the heads of
other relevant agencies, shall develop, maintain, and make
public a list of foreign vessels, foreign fleets, and
beneficial owners of foreign vessels or foreign fleets engaged
in IUU fishing or fishing-related activities in support of IUU
fishing (referred to in this section as the `IUU vessel list').
``(2) Inclusion on list.--The IUU vessel list shall include
any foreign vessel, foreign fleet, or beneficial owner of a
foreign vessel or foreign fleet for which the Secretary
determines there is clear and convincing evidence to believe
that a foreign vessel is any of the following (even if the
Secretary has only partial information regarding the vessel):
``(A) A vessel listed on an IUU vessel list of an
international fishery management organization.
``(B) A vessel knowingly taking part in fishing
that undermines the effectiveness of an international
fishery management organization's conservation and
management measures, including a vessel--
``(i) exceeding applicable international
fishery management organization catch limits;
or
``(ii) that is operating inconsistent with
relevant catch allocation arrangements of the
international fishery management organization,
even if operating under the authority of a
foreign country that is not a member of the
international fishery management organization.
``(C) 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
international fishery management organization 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.
``(D) A vessel, fleet, or beneficial owner of a
vessel or fleet on the high seas identified by United
States authorities to be conducting IUU fishing.
``(E) A vessel that knowingly provides services
(excluding emergency or enforcement services) to a
vessel that is on the IUU vessel list, including
transshipment, resupply, refueling, or pilotage.
``(F) A vessel that is a fishing vessel engaged in
commercial fishing within the exclusive economic zone
of the United States without a permit issued under
title II of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1821 et seq.).
``(G) A vessel that has the same beneficial owner
as another vessel on the IUU vessel list at the time of
the infraction.
``(3) Nominations to be put on the iuu vessel list.--The
Secretary may receive nominations for putting a vessel on the
IUU vessel 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);
``(B) a country that is a member of the Combined
Maritime Forces; or
``(C) civil organizations that have data-sharing
agreements with a member of the Interagency Working
Group on IUU Fishing.
``(4) Procedures for addition.--
``(A) In general.--The Secretary may put a vessel
on the IUU vessel list only after notification to the
vessel's beneficial owner and a review of any
information that the owner provides within 90 days of
the notification.
``(B) Hearing.--A beneficial owner may request a
hearing on the evidence if the owner's vessel is placed
on the IUU vessel list under subparagraph (A) and may
present new evidence to the Interagency Working Group
on IUU Fishing described in paragraph (3)(A). Such
Working Group shall review the new evidence and vote on
whether the vessel shall remain on the IUU vessel list
or not.
``(5) Public information.--The Secretary shall publish its
procedures for adding vessels on, and removing vessels from,
the IUU vessel list. The Secretary shall publish the IUU vessel
list itself in the Federal Register annually and on a website,
which shall be updated any time a vessel is added to the IUU
vessel list, and include the following information (as much as
is available and confirmed) for each vessel on the IUU vessel
list:
``(A) The name of the vessel and previous names of
the vessel.
``(B) The International Maritime Organization (IMO)
number of the vessel, or other Unique Vessel Identifier
(such as the flag state permit number or authorized
vessel number issued by an international fishery
management organization).
``(C) The maritime mobile service identity number
and call sign of the vessel.
``(D) The business or corporate address of each
beneficial owner of the vessel.
``(E) The country where the vessel is registered or
documented, and where it was previously registered if
known.
``(F) The date of inclusion on the IUU vessel list
of the vessel.
``(G) Any other Unique Vessel Identifier (UVI), if
applicable.
``(H) Any other identifying information on the
vessel, as determined appropriate by the Secretary.
``(I) The basis for the Secretary's inclusion of
the vessel on the IUU vessel list under paragraph (2).
``(d) Action.--The Secretary may take the action described in
subsection (c)(2) of this section in effect on the day before the date
of enactment of the Fighting Foreign Illegal Seafood Harvests Act of
2025 against a vessel on the IUU vessel list, the owner of such vessel,
and the operator of such vessel.
``(e) Permanency of IUU Vessel List.--
``(1) In general.--Except as provided in paragraph (3), a
vessel, fleet, or beneficial owner of a vessel or fleet that is
put on the IUU vessel list shall remain on the IUU vessel list.
``(2) Application by owner for potential removal.--
``(A) In general.--In consultation with the
Secretary of State and the heads of other relevant
agencies, the Secretary may remove a vessel, fleet, or
beneficial owner of a vessel or fleet from the IUU
vessel list if the beneficial owner of the vessel
submits an application for removal to the Secretary
that meets the standards that the Secretary has set out
for removal. The Secretary shall make such standards
publicly available.
``(B) Consideration of relevant information.--In
considering an application for removal, the Secretary
shall consider relevant information from all sources.
``(3) Removal due to international fishery management
organization action.--The Secretary may remove a vessel from
the IUU vessel list if the vessel was put on the list because
it was a vessel listed on an IUU vessel list of an
international fishery management organization, pursuant to
subsection (c)(2)(A), and the international fishery management
organization removed the vessel from its IUU vessel list.
``(f) Regulations and Process.--Not later than 12 months after the
date of enactment of the Fighting Foreign Illegal Seafood Harvests Act
of 2025, the Secretary shall issue regulations to set a process for
establishing, maintaining, implementing, and publishing the IUU vessel
list. The Administrator may add or remove a vessel, fleet, or
beneficial owner of a vessel or fleet from the IUU vessel list on the
date the vessel becomes eligible for such addition or removal.
``(g) Definitions.--In this section:
``(1) Administrator.--Unless otherwise provided, the term
`Administrator' means the Administrator of the National Oceanic
and Atmospheric Administration or the designee of the
Administrator.
``(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 vessel.--The term `foreign vessel' has the
meaning given the term in section 110 of title 46, United
States Code).
``(4) International fishery management organization.--The
term `international fishery management organization' means an
international organization established by any bilateral or
multilateral treaty, convention, or agreement for the
conservation and management of fish.
``(5) IUU fishing.--The term `IUU fishing' has the meaning
given the term `illegal, unreported, or unregulated fishing' in
the implementing regulations or any subsequent regulations
issued pursuant to section 609(e).
``(6) 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.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Department of Commerce to carry out this section
$10,000,000 for each of fiscal years 2025 through 2030.''.
SEC. 5. VISA SANCTIONS FOR FOREIGN PERSONS.
(a) Foreign Persons Described.--A foreign person is described in
this subsection if the foreign person is the owner or beneficial owner
of a vessel on the IUU vessel list developed under section 608(c) of
the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826i(c)).
(b) Ineligibility for Visas, Admission, or Parole.--
(1) Visas, admission, or parole.--A foreign person
described in subsection (a) is--
(A) inadmissible to the United States;
(B) ineligible to receive a visa or other
documentation to enter the United States; and
(C) 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.).
(2) Current visas revoked.--
(A) 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.
(B) Immediate effect.--A revocation under
subparagraph (A) 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) National Interest Waiver.--The President may waive the
imposition of sanctions under this section with respect to a foreign
person if doing so is in the national interest of the United States.
(d) 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) 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 for safety of vessels and crew.--Sanctions
under subsection (b) shall not apply with respect to a person
providing provisions to a vessel identified under section
608(c) of the High Seas Driftnet Fishing Moratorium Protection
Act (16 U.S.C. 1826i) if such provisions are intended for the
safety and care of the crew aboard the vessel, or the
maintenance of the vessel to avoid any environmental or other
significant damage.
(4) Exemptions.--Sanctions under subsection (b) shall not
apply with respect to a person described in subsection (a), if
such person was listed as the owner of a vessel described in
that subsection through the use of force, threats of force,
fraud, or coercion.
(e) 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) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person.
(3) United states person.--The term ``United States
person'' means--
(A) a United States c