Sec. 4. Establishment of a black list (IUU vessel list)

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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: 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 ). 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 foreign vessel listed on an IUU vessel list of an international fishery management organization. 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— exceeding applicable international fishery management organization catch limits; or 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. 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. 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. 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. 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. ). A foreign vessel that has the same beneficial owner as a foreign vessel on the IUU vessel list at the time of the infraction. 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. ). The Secretary may receive nominations for putting a foreign vessel on the IUU vessel 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 ); a country that is a member of the Combined Maritime Forces; or civil organizations that have data-sharing agreements with a member of the Interagency Working Group on IUU Fishing. 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. 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: The name of the foreign vessel and previous names of the foreign vessel. 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). The maritime mobile service identity number and call sign of the foreign vessel. The business or corporate address of each beneficial owner of the foreign vessel. The country where the foreign vessel is registered or documented, and where it was previously registered if known. The date of inclusion on the IUU vessel list of the foreign vessel. Any other Unique Vessel Identifier (UVI), if applicable. Any other identifying information on the foreign vessel, as determined appropriate by the Secretary. The basis for the Secretary’s inclusion of the foreign vessel on the IUU vessel list under paragraph (2). 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— accessing United States ports and using port services; traveling through the United States territorial sea unless it is conducting innocent passage; and 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. 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. 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. It should be a priority for United States delegations to— 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 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. 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. 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. 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. 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. 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. 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. In considering an application for removal, the Secretary shall consider relevant information from all sources. 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. 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. In this section: Unless otherwise provided, the term Administrator means the Administrator of the National Oceanic and Atmospheric Administration or the designee of the Administrator. The term beneficial owner means, with respect to a vessel, a person that, directly or indirectly, through any contract, arrangement, understanding, relationship, or otherwise— exercises substantial control over the vessel; or owns not less than 50 percent of the ownership interests in the vessel. The term forced labor has the meaning given that term in section 307 of the Tariff Act of 1930 ( 19 U.S.C. 1307 ). The term foreign vessel has the meaning given the term in section 110 of title 46, United States Code. 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. 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. 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. There are authorized to be appropriated to the Department of Commerce to carry out this section $20,000,000 for each of fiscal years 2025 through 2030. .

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