HR6338-119

What This Bill Does

This bill declares that illegal, unreported, and unregulated fishing is a rising global problem that threatens fisheries, marine ecosystems, coastal states, crew welfare, U.S. economic security, and maritime security. It identifies the People's Republic of China as the primary perpetrator and calls for U.S. sanctions to deter and prevent IUU fishing.

The operative section requires the President to impose sanctions on foreign persons who knowingly own a vessel engaged in IUU fishing, work as a captain or senior crew member on such a vessel, operate as an entity primarily engaged in IUU fishing, or serve as an officer or senior manager in such an entity. The President must also sanction foreign vessels engaged in IUU fishing and direct creation of an IUU fishing sanctions program. Required sanctions include property blocking under IEEPA authority and visa inadmissibility, ineligibility, parole ineligibility, and visa revocation for covered aliens. The President must report within 180 days and annually for five years on implementation and sanctioned persons and vessels.

The bill includes exceptions for U.N. Headquarters Agreement obligations and other international obligations, agricultural commodities, food, medicine, medical devices, humanitarian assistance, humanitarian financial transactions, authorized U.S. intelligence, law-enforcement, or national-security activities, and safety provisions for vessel crews or vessel maintenance needed to protect life or avoid environmental damage. IEEPA penalties apply to violations, and the President may waive sanctions after certifying to Congress 15 days in advance that the waiver is important to U.S. national security.

Who Benefits and How

U.S. domestic fishing companies benefit if sanctions reduce unfair competition from IUU fishing fleets. Seafood processors and distributors benefit from a cleaner supply chain and lower risk of handling fish tied to illegal activity. Coastal fishing communities in developing nations benefit if sanctions deter exploitation of their exclusive economic zones and fish stocks. Crew members on foreign fishing vessels benefit indirectly if sanctions pressure operators associated with unsafe, underpaid, forced-labor, or trafficking conditions. State Department and DHS screening officials benefit from explicit visa-sanction authority. Congressional foreign affairs committees benefit from annual sanctioned-vessel and sanctioned-person reports.

Who Bears the Burden and How

Foreign fishing vessel owners engaged in IUU fishing face property blocking and transaction prohibitions. Foreign captains and senior crew on IUU vessels face visa ineligibility and revocation. Foreign fishing company officers and senior managers face sanctions if their entities are primarily engaged in IUU fishing. Chinese distant-water fishing operators face heightened U.S. sanctions risk because the findings single out PRC activity. U.S. businesses trading with foreign fishing companies must screen counterparties against the sanctions program. Treasury, State, and DHS staff must administer blocking, visa, reporting, exception, penalty, and waiver processes.

Key Provisions

• Requires sanctions on foreign vessel owners, captains, senior crew, entities, officers, and managers involved in IUU fishing.
• Requires sanctions on foreign vessels engaged in IUU fishing.
• Requires creation of an IUU fishing sanctions program and annual reports for five years.
• Provides property-blocking sanctions and visa inadmissibility, ineligibility, parole ineligibility, and visa revocation.
• Provides exceptions for U.N. obligations, humanitarian goods and assistance, authorized U.S. national-security activity, and vessel-safety provisions.
• Provides IEEPA penalties and a national-security waiver with 15-day advance congressional certification.