Text of Senate Amendment 4744

Text of Senate Amendment 4744

Congressional Record, Volume 172 Issue 53 (Sunday, March 22, 2026) [Congressional Record Volume 172, Number 53 (Sunday, March 22, 2026)] [Senate] [Pages S1518-S1521] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 4744. Mr. SULLIVAN proposed an amendment to the bill S. 688, to combat illegal, unreported, and unregulated fishing at its sources globally; as follows: Strike all after the enacting clause and insert the following: 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 [[Page S1519]] 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 IU