S. 688

116 S688 ES: Fighting Foreign Illegal Seafood Harvests Act of 2025
 U.S. Senate
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 119th CONGRESS  2d Session  S. 688  IN THE SENATE OF THE UNITED STATES  AN ACT
To combat illegal, unreported, and unregulated fishing at its sources globally.
1.
Short title
This Act may be cited as the   Fighting Foreign Illegal Seafood Harvests Act of 2025   or the  FISH Act of 2025 .
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.
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.
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.
 .
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 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.
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 is encouraged to consider the impacts on or to IUU fishing and fishing that involves the use of forced labor and strive to ensure that the agreement strengthens efforts to combat IUU fishing and fishing that involves the use of forced labor as long as such considerations do not come at the expense of higher priority national interests of the United States.
(b)
Federal Government encouragement
The Federal Government should encourage other nations to ratify treaties and agreements that address IUU fishing to which the United States is a party, including the High Seas Fishing Compliance Agreement and the Port State Measures Agreement, and pursue bilateral and multilateral initiatives to raise international ambition to combat IUU fishing, including in the G7 and G20, the United Nations, the International Labor Organization (ILO), and the International Maritime Organization (IMO), and through voluntary multilateral efforts, as long as clear burden sharing arrangements with partner nations are determined. The bilateral and multilateral initiatives should address underlying drivers of IUU fishing and fishing that involves the use of forced labor.
(c)
Transparency for non-binding instruments concluded under this section
Any memorandum of understanding or other non-binding instrument to further the objectives of this section shall be considered a qualifying non-binding instrument for purposes of section 112b of title 1, United States Code.
7.
Enforcement provisions
(a)
Increase boarding of vessels suspected of IUU fishing
The Commandant of the Coast Guard shall strive to increase, from year to year, its observation of vessels on the high seas that are suspected of IUU fishing and related harmful practices, and is encouraged to consider boarding these vessels to the greatest extent practicable.
(b)
Follow up
The Administrator shall, in consultation with the Commandant of the Coast Guard and the Secretary of State, coordinate regularly with regional fisheries management organizations to determine what corrective measures each country has taken after vessels that are registered or documented by the country have been boarded for suspected IUU fishing.
(c)
Report
Not later than 3 years after the date of enactment of this Act and in accordance with information management rules of the relevant regional fisheries management organizations, the Commandant of the Coast Guard shall submit a report to Congress on—
(1)
the total number of bilateral agreements utilized or enacted during Coast Guard counter-IUU patrols and future patrol plans for operations with partner nations where bilateral agreements are required to effectively execute the counter-IUU mission and any changes to IUU provisions in bilateral agreements;
(2)
incidents of IUU fishing observed while conducting High Seas Boarding and Inspections (HSBI), how the conduct is tracked after referral to the respective country where the vessel is registered or documented, and what actions are taken to document or otherwise act on the enforcement, or lack thereof, taken by the country;
(3)
the country where the vessel is registered or documented, the country where the vessel was previously registered and documented if known, and status of a vessel interdicted or observed to be engaged in IUU fishing on the high seas by the Coast Guard;
(4)
incident details on vessels observed to be engaged in IUU fishing on the high seas, boarding refusals, and what action was taken; and
(5)
any other potential enforcement actions that could decrease IUU fishing on the high seas.
8.
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 (13), by striking  and  after the semicolon;
(2)
in paragraph (14), by striking the period at the end and inserting a semicolon; and
(3)
by adding at the end the following:
(15)
developing a strategy for leveraging enforcement capacity against IUU fishing, particularly focusing on nations identified under section 609(a) of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826j(a) ); and
(16)
developing a strategy for leveraging enforcement capacity against associated abuses, such as fishing that involves the use of forced labor and other illegal labor practices, and increasing relevant enforcement, using as resources—
(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 );
(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 ); and
(D)
reports submitted under the Uyghur Human Rights Policy Act of 2020 ( Public Law 116–145 ).
 .
(b)
Secretary of State identification
The Secretary of State, in coordination with the Commandant of the Coast Guard and the Administrator, shall—
(1)
identify regional fisheries management organizations that the United States is party to that do not have a high seas boarding and inspection program; and
(2)
identify obstacles, needed authorities, or existing efforts to increase implementation of these programs, and take action as appropriate.
9.
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 3 years after the date of enactment of the  Fighting Foreign Illegal Seafood Harvests Act of 2025 , the Working Group shall identify information and resources to prevent fish and fish products from IUU fishing and fishing that involves the use of forced labor from negatively affecting United States commerce without increasing burdens 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 to conduct more effective field investigations and enforcement efforts with U.S. state enforcement officials.
(6)
Recommendations for improving data collection and automated risk-targeting of seafood.
(7)
Recommendations for the dissemination of IUU fishing and fishing that involves the use of forced labor analysis and information to those governmental and non-governmental entities that could use it for action and awareness, with the aim to establish an IUU fishing information sharing center.
(8)
Recommendations for an implementation strategy, including measures for ensuring that seafood not linked to IUU fishing and fishing that involves the use of forced labor is not affected.
(9)
An analysis of the IUU fishing policies and regulatory regimes of other countries in order to develop policy and regulatory alternatives for United States consideration.
 .
10.
Investment and technical assistance in the fisheries sector
(a)
In general
The Secretary of State and the Secretary of Commerce, in consultation with the heads of relevant agencies, are encouraged to increase support to programs that provide technical assistance, institutional capacity, and investment to nations’ fisheries sectors for sustainable fisheries management and combating IUU fishing and fishing involving the use of forced labor. The focus of such support is encouraged to 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)
Analysis of US capacity-building expertise and resources
In order to maximize efforts on preventing IUU fishing at its sources, the Interagency Working Group on IUU Fishing established under section 3551 of the Maritime SAFE Act ( 16 U.S.C. 8031 ) shall analyze United States capacity-building expertise and resources to provide support to nations’ fisheries sectors. This analysis may include an assessment of potential avenues for in-country public-private collaboration and multilateral collaboration on developing local fisheries science, fisheries management, maritime enforcement, and maritime judicial capabilities.
11.
Strategy to identify seafood and seafood products from foreign vessels using forced labor
The Secretary, in coordination with the heads of other relevant agencies, shall—
(1)
develop a strategy for utilizing relevant United States Government data to identify seafood harvested on foreign vessels using forced labor; and
(2)
publish information regarding the strategy developed under paragraph (1) on a publicly accessible website.
12.
Reports
(a)
Impact of new technology
Not later than 1 year after the date of enactment of this Act, the Secretary of Homeland Security, with support from the Administrator and 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, satellite Wi-Fi technology on fishing vessels, and other technology-enhanced new fishing practices) on IUU fishing and associated crimes (such as trafficking and fishing involving the use of forced labor) 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 enactment of this Act, the Secretary of State, with support from the Secretary of Commerce, 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 interests; 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 exclusive economic zone
Section 3551 of the Maritime SAFE Act ( 16 U.S.C. 8031 ) is amended by adding at the end the following:
(d)
The impacts of IUU fishing and fishing involving the use of forced labor
(1)
In general
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:
(A)
An analysis that quantifies the occurrence and extent of IUU fishing and fishing involving the use of forced labor among all flag states.
(B)
An evaluation of the costs to the United States economy of IUU fishing and fishing involving the use of forced labor.
(C)
An assessment of the costs to the global economy of IUU fishing and fishing involving the use of forced labor.
(D)
An assessment of the effectiveness of response strategies to counter IUU fishing, including both domestic programs and foreign capacity-building and partnering programs.
(2)
Authorization of appropriations
There is authorized to be appropriated to carry out this subsection $2,000,000.
 .
(d)
Report
Not later than 24 months after the date of enactment of this Act, the Administrator shall submit to Congress a report on the study conducted under subsection (d) 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.
13.
Authorization of appropriations for National Sea Grant College Program
Section 212(a) of the National Sea Grant College Program Act ( 33 U.S.C. 1131(a) ) is amended—
(1)
in paragraph (1), by striking  for fiscal year 2025  and inserting  for each of fiscal years 2025 through 2031 ; and
(2)
in paragraph (2)—
(A)
in the paragraph heading, by striking
for fiscal years 2021 through 2025  ; and
(B)
in the matter preceding subparagraph (A), by striking  fiscal years 2021 through 2025  and inserting  fiscal years 2026 through 2031 .
14.
Exception related to the importation of goods
(a)
In general
The authorities and requirements provided in this Act, and the amendments made by this Act, shall not include any authority or requirement to impose sanctions on the importation of goods or related to sanctions on the importation of goods.
(b)
Good defined
In this section, the term  good —
(1)
means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment; and
(2)
excludes technical data.
15.
Rule of construction
Nothing in this Act shall be construed to limit the authority under, or otherwise affect, a provision of law that—
(1)
is in effect on the date of enactment of this Act; and
(2)
is not amended by this Act.
    Passed the Senate March 22, 2026.    Secretary