Protecting Global Fisheries Act of 2026

Bill Number: S. 1369
Origin Chamber: Senate
Congress: 119th Congress, Session 1
Policy Area: Public Lands and Natural Resources
Status: Introduced
Latest Action: 2026-02-10: Placed on Senate Legislative Calendar under General Orders. Calendar No. 322.
Last Updated: 2026-05-15T11:03:25Z

AI-Generated Summary

Purpose of the Legislation

The Protecting Global Fisheries Act of 2026 aims to combat illegal, unreported, or unregulated (IUU) fishing and the trade in endangered species by promoting international cooperation and authorizing the President to impose economic sanctions on those involved. It supports bilateral agreements on illicit maritime activities and emphasizes accountability, particularly for actions by the People's Republic of China.

Key Provisions

Definitions: Clarifies terms such as "foreign person" (non-U.S. individuals or entities), "United States person" (U.S. citizens, permanent residents, U.S.-organized entities, or those in the U.S.), and "IUU fishing" (activities like fishing without permits, failing to report catches, or operating outside regulations, as defined by a 2001 United Nations Food and Agriculture Organization plan).
International Collaboration (Section 3):
Establishes U.S. policy to prioritize partnerships with allies and international bodies to fight IUU fishing.
Directs the Secretaries of State, Commerce, and Homeland Security to advocate in global forums for deploying advanced technology under maritime law enforcement agreements and holding violators accountable, with a focus on China's role.
Allows the President to urge the United Nations to enhance global efforts against IUU fishing.
Sanctions Authority (Section 4):
The Secretary of the Treasury, consulting with State, Commerce, and Interior, recommends sanctions to the President against foreign persons or vessels (regardless of ownership) responsible for, complicit in, leading entities involved in, operating vessels used for, or supporting IUU fishing or non-conservation-related trade in endangered species (defined under the Endangered Species Act as species at risk of extinction).
Possible sanctions include: blocking U.S.-based property and transactions; barring visas and entry for involved aliens (including corporate leaders or controlling shareholders); prohibiting U.S. banks from providing loans; and restricting foreign exchange transactions under U.S. jurisdiction.
Requires annual reports to Congress on sanctions imposed.
Allows presidential waivers if in U.S. national interests.
Includes exceptions for U.S. intelligence/law enforcement, international treaty obligations (e.g., UN headquarters agreements), vessel crew safety/maintenance, and humanitarian aid (but excludes IUU-sourced food/agricultural products).
Implements via the International Emergency Economic Powers Act (IEEPA, a law allowing presidential economic actions during national emergencies), with penalties for violations and rulemaking authority for the Secretary of State.
Reporting Requirements (Section 5):
Mandates an annual report for five years (starting one year after enactment) from the Secretary of State, consulting Defense and coordinating with Homeland Security and Commerce, covering: recommendations for strengthening maritime agreements with allies; assessments of China's IUU fishing patterns, goals, priorities, and resources (government and non-government); evaluations of global forums' effectiveness; and a U.S. engagement strategy.
Reports are unclassified but may include classified annexes and draw on an existing interagency working group on maritime security and IUU fishing.

Significant Changes to Existing Law

Builds on laws like the High Seas Driftnet Fishing Moratorium Protection Act and Endangered Species Act by adding targeted sanctions under IEEPA specifically for IUU fishing and endangered species trade.
Expands executive authority without requiring a formal emergency declaration, differing from some prior sanctions regimes.
Shifts the IUU fishing definition from U.S. regulations to the international FAO standard for broader alignment.
Introduces interagency recommendations (e.g., from Treasury) before presidential action, promoting coordinated decision-making not explicitly required in similar prior laws.
Removes vessel port denial as a sanction (present in the introduced version) and streamlines reporting by combining briefings into annual reports.

Potential Impacts

Government Agencies: Increases workload for State, Treasury, Commerce, Interior, Homeland Security, and Defense through consultations, recommendations, advocacy, and reporting; fosters better interagency coordination via the existing working group.
Citizens: Indirect benefits for U.S. fishers and consumers via protected global fisheries and species conservation, potentially stabilizing seafood supplies and prices; minimal direct effects but could enhance environmental protections.
International Relations: Strengthens alliances by promoting joint maritime enforcement and technology sharing; may strain ties with nations like China accused of IUU activities, while encouraging UN and global forum reforms for collaborative anti-IUU efforts.

Main Stakeholders Affected

Foreign Persons and Entities: Individuals, companies, government officials, or vessels involved in IUU fishing or endangered species trade face financial, travel, and operational restrictions.
U.S. Allies and Partners: Benefit from enhanced bilateral agreements and technology deployment for maritime enforcement.
Environmental and Fishing Groups: Gain tools for conservation; U.S. fishing industries may see fairer competition.
China's Government and Fleets: Directly targeted for assessment and accountability, potentially affecting its maritime operations.
Global Institutions: UN and FAO forums receive U.S. pressure for stronger anti-IUU measures.

Notable Legal, Constitutional, or Political Implications

Legal: Relies on IEEPA for sanctions, affirming broad presidential powers in foreign affairs (upheld by courts as constitutional under the foreign commerce clause); includes due process via consultations and waivers but could face challenges if applied extraterritorially.
Constitutional: Aligns with Congress's delegation of emergency powers to the executive while maintaining oversight through required reports, balancing separation of powers.
Political: Bipartisan sponsorship (introduced by Sens. Kaine, Cassidy, Heinrich, Curtis, Scott) signals cross-party consensus on environmental security; highlights U.S.-China tensions in maritime domains, potentially influencing broader trade and security policies without overt partisanship.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Kaine, Tim [D-VA]

Cosponsors (5)

Sen. Cassidy, Bill [R-LA], Sen. Heinrich, Martin [D-NM], Sen. Curtis, John R. [R-UT], Sen. Scott, Rick [R-FL], Sen. McCormick, David [R-PA]

Recent Actions

2026-02-10: Placed on Senate Legislative Calendar under General Orders. Calendar No. 322.
2026-02-10: Committee on Foreign Relations. Reported by Senator Risch with an amendment in the nature of a substitute. Without written report.
2026-02-10: Committee on Foreign Relations. Reported by Senator Risch with an amendment in the nature of a substitute. Without written report.
2026-01-29: Committee on Foreign Relations. Ordered to be reported with an amendment in the nature of a substitute favorably.
2025-04-09: Read twice and referred to the Committee on Foreign Relations.
2025-04-09: Introduced in Senate

Bill Versions

Protecting Global Fisheries Act of 2025 — issued 2025-04-09 — PDF (13 pages)
Protecting Global Fisheries Act of 2026 — issued 2026-02-10 — PDF (26 pages)