Sec. 4. Black list

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The Administrator shall establish, publish, and put vessels on a United States black list that denies port privileges, certain travel through, delivery of supplies, delivery of services, or transshipment in the exclusive economic zone for vessels that have conducted IUU fishing and vessels that have the same owner as a vessel on the black list. The Administrator shall set standards for establishing, maintaining, and publishing the black list. The Administrator shall put a vessel on the black list if it is any of the following:

A vessel listed on an IUU fishing list of a regional fisheries management organization. A vessel taking part in fishing outside RFMO quota arrangements on the high seas. A vessel on the high seas identified and reported by United States authorities to be conducting IUU fishing. A vessel that provides services (excluding emergency or enforcement services) to a vessel that is on the black list, including transshipment, resupply, refueling, or pilotage. A foreign fishing vessel engaged in commercial fishing in the exclusive economic zone without a permit issued under title II of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1821 et seq. ).

A vessel found by Customs and Border Protection to have had a withhold release order in contravention of section 307 of the Tariff Act of 1930 ( 19 U.S.C. 1307 ), provided that the withhold release order has not been subsequently revoked. A vessel that has the same owner as a vessel on the black list. A vessel subject to economic sanctions administered by the Department of Treasury Office of Foreign Assets Control for 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 economic sanctions program.

The Administrator may accept nominations for placing a vessel on the black list from— 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 ); or a country that is a member of the Combined Maritime Forces. The Administrator may accept nominations for placing a vessel on the black list only after due process, including notification to the vessel’s owner and a review of any information that the owner provides.

The Administrator shall publish the black list and include the following information for each vessel on the list: The name of the vessel. The International Maritime Organization

(IMO)number of the vessel. The call sign of the vessel. Each beneficial owner and owner's address of the vessel. The registry/flag state of the vessel. The date of inclusion on the black list of the vessel. Any other identifying information on the vessel, as determined appropriate by the Administrator. Except for the purposes of inspection and enforcement or in case of force majeure, a vessel on the black list is prohibited from— accessing United States ports; traveling through the United States exclusive economic zone unless it is conducting innocent passage; and delivering supplies, delivering services, or transshipment in the United States exclusive economic zone. No vessel of the United States (defined in section 116 of title 46, United States Code) may service a vessel that is on the black list, except for emergency and enforcement services. A vessel on the black list and the cargo of such vessel shall be subject to section 70052 of title 46, United States Code. Except as provided in paragraphs

(2)and (3), a vessel that is put on the black list shall remain on the black list. The Administrator shall remove a vessel from the black list if the vessel was added to the black list because it was found by Customs and Border Protection to have had a withhold release order in contravention of section 307 of the Tariff Act of 1930 ( 19 U.S.C. 1307 ) and the withhold release order was subsequently revoked. In coordination with the Secretary of State, the Administrator may remove a vessel from the black list if the owner of the vessel submits an application for removal or an appeal to the Administrator. In considering the application, the Administrator shall consider all relevant information, including whether the vessel or vessel owner has engaged in IUU fishing during the 5-year period preceding the application. There are authorized to be appropriated to the Department of Commerce to carry out this section $20,000,000 for each of fiscal years 2023 through 2028.

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