Sec. 4. IUU vessel list or black list

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The Administrator, in coordination with the Secretary of State and the Commissioner of U.S. Customs and Border Protection, shall establish, publish, and put vessels on a United States IUU vessel list (referred to in this Act as the black list ) that denies benefits such as port privileges, certain travel through, delivery or receipt of supplies or services, or transshipment in waters within the jurisdiction of the United States, in accordance with customary international law, for vessels that have conducted IUU fishing and vessels that have the same owner as a vessel on the black list.

In carrying out this section, the Administrator shall coordinate with the Secretary of Commerce to ensure actions taken under this section add to and do not duplicate actions taken pursuant to the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826d et seq. ) or the Port State Measures Agreement Act of 2015 ( 16 U.S.C. 7401 et seq. ) Not later than 6 months after the date of enactment of this Act, the Administrator shall issue regulations to set a process for establishing, maintaining, implementing, and publishing the black list.

The Administrator may add or remove a vessel to or from the black list on the date the vessel becomes eligible for such addition or removal. The Administrator shall put a vessel on the black list expeditiously if the Administrator demonstrates that there is a reasonable basis to believe that a vessel is any of the following (even if the Administrator has only partial information regarding the vessel): A vessel listed on an IUU vessel list of an RFMO. A vessel taking part in fishing that undermines the effectiveness of RFMO management measures on the high seas, including a foreign vessel (defined in section 110 of title 46, United States Code)— exceeding applicable RFMO catch limits; or that is operating inconsistent with relevant catch allocation arrangements of the RFMO even if operating under the authority of a foreign country that is not a member of the RFMO.

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 RFMO 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. A vessel on the high seas identified and reported by United States authorities to be conducting fishing that involves the use of forced labor. 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 vessel (defined in section 110 of title 46, United States Code) that is a fishing vessel engaged in commercial fishing 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 U.S. Customs and Border Protection to have had a withhold release order issued pursuant to 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 at the time of the infraction. A 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. A vessel listed under section 608(c) of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826i(c) ).

The Administrator may accept nominations for putting 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 put a vessel on the black list only after notification to the vessel’s owner and a review of any information that the owner provides within 90 days of the notification.

The Administrator shall publish the black list in the Federal Register and on a website and include the following information (as much as is available and confirmed) 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’s address of the vessel. The country where the vessel is registered or documented, and where it was previously registered if known. The date of inclusion on the black list of the vessel. The Food and Agriculture Organization’s global record of the vessel's unique vessel identification, if applicable. 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 and using port services; traveling through the United States territorial sea unless it is conducting innocent passage in accordance with customary international law; and delivering supplies, delivering services, or transshipment within waters subject to the jurisdiction of the United States, in accordance with customary international law. 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 in an emergency involving life and safety and for enforcement services. Except as provided in paragraph (2), a vessel subject to the jurisdiction of the United States on the black 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. The cargo of seafood of a vessel subject to the jurisdiction of the United States on the black 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. Except as provided in paragraphs

(2)through (4), 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 U.S. Customs and Border Protection to have had a withhold release order issued pursuant to section 307 of the Tariff Act of 1930 ( 19 U.S.C. 1307 ) and the withhold release order was subsequently revoked. With the concurrence of the Secretary of State and consultation with U.S. Customs and Border Protection, the Administrator may remove a vessel from the black list if the owner of the vessel submits an application for removal to the Administrator that meets the standards that the Administrator has set out for removal. The Administrator shall include in the standards set out for removal a determination that the vessel or vessel owner has not engaged in IUU fishing or forced labor during the 5-year period preceding the date of the application for removal. In considering an application for removal, the Administrator shall consider relevant information from all sources. The Administrator may remove a vessel from the black list if the vessel was put on the black list because it was a vessel listed on an IUU vessel list of an RFMO, pursuant to subsection (c)(1), and the RFMO removed the vessel from its IUU vessel list. 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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