[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3756 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 3756
To combat illegal, unreported, and unregulated fishing at its sources
globally.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 5, 2025
Mr. Crenshaw (for himself, Mr. Magaziner, and Mr. Begich) introduced
the following bill; which was referred to the Committee on Natural
Resources, and in addition to the Committees on Foreign Affairs,
Transportation and Infrastructure, the Judiciary, and Ways and Means,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
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 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, or
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 A BLACK LIST (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) Black List (IUU Vessel List).--
``(1) In general.--The Secretary, in coordination with the
Secretary of State, the Commissioner of U.S. Customs and Border
Protection, and the Secretary of Labor, 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 foreign
vessel):
``(A) A foreign vessel listed on an IUU vessel list
of an international fishery management organization.
``(B) A foreign vessel taking part in fishing that
undermines the effectiveness of an international
fishery management organization's conservation and
management measures, including a foreign 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 foreign 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
foreign vessel is registered or documented is not
addressing the allegation.
``(D) A foreign vessel, foreign fleet, or
beneficial owner of a foreign vessel or foreign fleet
on the high seas identified by United States
authorities to be conducting IUU fishing or fishing
that involves the use of forced labor, including
individuals and entities subject to a withhold release
order or a finding issued by U.S. Customs and Border
Protection pursuant to section 307 of the Tariff Act of
1930 (19 U.S.C. 1307) or any other U.S. Customs and
Border Protection enforcement action, sanctions imposed
by the Department of the Treasury under the Global
Magnitsky Human Rights Accountability Act (22 U.S.C.
10101 et seq.), or any other United States Government
forced labor prevention or enforcement action that has
not been subsequently revoked.
``(E) A foreign vessel that provides services
(excluding emergency or enforcement services) to a
foreign vessel that is on the IUU vessel list,
including transshipment, resupply, refueling, or
pilotage.
``(F) A foreign 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 foreign vessel that has the same beneficial
owner as a foreign vessel on the IUU vessel list at the
time of the infraction.
``(H) A foreign vessel or beneficial owner of a
foreign 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, including sanctions imposed by the
Department of the Treasury under the Global Magnitsky
Human Rights Accountability Act (22 U.S.C. 10101 et
seq.).
``(3) Nominations to be put on the black (iuu vessel)
list.--The Secretary may receive nominations for putting a
foreign 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.--The Secretary may put a
foreign vessel on the IUU vessel list only after notification
to the foreign vessel's beneficial owner and a review of any
information that the owner provides within 90 days of the
notification.
``(5) Public information.--The Secretary shall publish its
procedures for adding foreign vessels on, and removing foreign
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 foreign vessel
is added to the IUU vessel list, and include the following
information (as much as is available and confirmed) for each
foreign vessel on the IUU vessel list:
``(A) The name of the foreign vessel and previous
names of the foreign vessel.
``(B) The International Maritime Organization (IMO)
number of the foreign 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 foreign vessel.
``(D) The business or corporate address of each
beneficial owner of the foreign vessel.
``(E) The country where the foreign 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 foreign vessel.
``(G) Any other Unique Vessel Identifier (UVI), if
applicable.
``(H) Any other identifying information on the
foreign vessel, as determined appropriate by the
Secretary.
``(I) The basis for the Secretary's inclusion of
the foreign vessel on the IUU vessel list under
paragraph (2).
``(d) Consequences of Being on Black List (IUU Vessel List).--
``(1) In general.--Except for the purposes of inspection
and enforcement or in case of force majeure, a foreign vessel
on the IUU vessel 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; and
``(C) delivering or receiving supplies or services,
or transshipment, within waters subject to the
jurisdiction of the United States, unless such
prohibition would be inconsistent with customary
international law.
``(2) Servicing prohibited.--No vessel of the United States
may service a foreign vessel that is on the IUU vessel list,
except in an emergency involving life and safety or to
facilitate enforcement.
``(3) Imports prohibited.--The import of seafood or seafood
products caught, processed, or transported by foreign vessels
on the IUU vessel list is prohibited and shall be subject to
the enforcement provisions of section 606.
``(4) Fishing treaties and agreements.--It should be a
priority for United States delegations to--
``(A) advocate for the incorporation of articles in
international fishery management organizations
providing identical or similar safeguards described in
this section in new and updated bilateral or
multilateral fishing treaties; and
``(B) encourage parties to international and
regional fisheries organizations that the United States
is party to, or holds observer status, to take similar
measures described in this section.
``(e) Enforcement of Black List (IUU Vessel List).--
``(1) In general.--Except as provided in paragraph (2), a
foreign vessel on the IUU vessel 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 foreign vessel
on the IUU vessel 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.
``(f) Permanency of Black List (IUU Vessel List).--
``(1) In general.--Except as provided in paragraphs (2)
through (4), a foreign vessel, foreign fleet, or beneficial
owner of a foreign vessel or foreign fleet that is put on the
IUU vessel list shall remain on the IUU vessel list.
``(2) Revocation of wro.--The Secretary shall remove a
foreign vessel or foreign fleet from the IUU vessel list if the
foreign vessel was added to the IUU vessel list because it was
found by U.S. Customs and Border Protection to have had a
withhold release order or a finding 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) Application by owner for potential removal.--
``(A) In general.--In consultation with the
Secretary of State and the U.S. Customs and Border
Protection, the Secretary may remove a foreign vessel,
foreign fleet, or beneficial owner of a foreign vessel
or foreign fleet from the IUU vessel list if the
beneficial owner of the foreign vessel submits an
application for removal to the Secretary that meets the
standards that the Secretary has set out for removal.
``(B) Standards.--The Secretary shall include in
the standards set out for removal a determination that
the foreign vessel or foreign vessel owner has not
engaged in IUU fishing or fishing that involves the use
of forced labor during the 5-year period preceding the
date of the application for removal. The Secretary, in
consultation with the Secretary of State and the U.S.
Customs and Border Protection, shall determine whether
each application for removal demonstrates that
sufficient corrective action has been taken to
remediate the violations and infractions that led to
the inclusion on the IUU vessel list.
``(C) Consideration of relevant information.--In
considering an application for removal, the Secretary
shall consider relevant information from all sources.
``(4) Removal due to international fishery management
organization action.--The Secretary may remove a foreign vessel
from the IUU vessel list if the foreign vessel was put on the
list because it was a foreign 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 foreign vessel from its IUU
vessel list.
``(g) 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 foreign vessel, foreign
fleet, or beneficial owner of a foreign vessel or foreign fleet from
the IUU vessel list on the date the foreign vessel becomes eligible for
such addition or removal.
``(h) 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,