Protecting U.S. Fishers from Illegal Foreign Flags Act of 2026
- Sponsor
- Sen. Merkley, Jeff [D-OR]
- Committees
- Commerce, Science, and Transportation Committee (primary)
- Last action
- Jun 9, 2026
Bottom line
The bill aims to strengthen U.S. efforts against illegal fishing by targeting countries that enable it through lax vessel registration practices and by standardizing the definition of illegal fishing.
What it actually does
This bill amends the High Seas Driftnet Fishing Moratorium Protection Act to allow the Secretary of Commerce to identify nations with 'open registries' as engaging in or endorsing illegal, unreported, or unregulated (IUU) fishing. Specifically, it targets nations that register vessels without confirming a genuine link between the nation and the vessel's beneficial owners, leading to a failure in exercising flag state responsibilities. It also mandates that the Secretary of Commerce update the regulatory definition of IUU fishing to align with the Maritime SAFE Act.
Proponents argue
Supporters argue that this bill is crucial for combating illegal, unreported, and unregulated (IUU) fishing, which undermines sustainable fisheries, harms legitimate U.S. fishers, and poses national security risks. By specifically targeting nations that operate 'open registries' or 'flags of convenience,' the bill closes a loophole that allows bad actors to evade oversight and exploit marine resources. Standardizing the definition of IUU fishing across federal regulations will also provide clearer enforcement guidelines and enhance international cooperation.
Opponents contend
Critics might contend that expanding the criteria for identifying nations engaged in IUU fishing could lead to diplomatic tensions or unintended economic consequences for countries that rely on open registries for legitimate maritime commerce. Some may argue that the concept of a 'genuine link' is subject to interpretation and could be applied inconsistently, potentially penalizing nations without sufficient resources to implement stringent oversight. Additionally, the administrative burden on the Secretary of Commerce to amend regulations and conduct these expanded identifications could be significant.
The bill is very short and straightforward, making it highly accessible for any reader to understand its core provisions quickly.
Section 2(1), amending 16 U.S.C. 1826j(a)(2)
Inclusion of Open Registry Nations in IUU Fishing Identification
This provision expands the criteria by which the Secretary of Commerce can identify nations as engaging in or endorsing illegal, unreported, or unregulated (IUU) fishing. It specifically adds any nation that allows vessels to operate under its laws without confirming a 'genuine link' between the nation and the vessel's beneficial owners, and consequently fails to effectively exercise its flag state responsibilities. This targets countries known for 'flags of convenience' that may enable illicit fishing activities.
Supporters argue
Supporters argue that this provision directly addresses a major loophole exploited by IUU fishing operations. By holding flag states accountable for their registration practices, the U.S. can more effectively combat illegal fishing, protect marine ecosystems, and ensure fair competition for legitimate fishers. The 'genuine link' requirement is a well-established principle in international maritime law, making this a legally sound approach.
Critics contend
Some may argue that this provision could be seen as an overreach by the U.S., potentially interfering with the sovereign right of nations to register vessels as they see fit. Concerns might also be raised about the administrative burden and potential for subjective interpretation of 'genuine link' and 'effective exercise of flag state responsibilities,' which could lead to disputes with trading partners.
Tradeoffs
The provision balances the need to combat IUU fishing and protect marine resources against potential diplomatic and economic repercussions for nations whose vessel registration practices are targeted. It also navigates the tension between national sovereignty over vessel registration and international efforts to enforce maritime laws.
Section 2(2), amending 16 U.S.C. 1826j(e)
Standardization of IUU Fishing Definition
This provision directs the Secretary of Commerce to amend the definition of 'illegal, unreported, or unregulated fishing' in the Code of Federal Regulations (50 CFR 300.201) within 90 days of the bill's enactment. The new definition must be consistent with section 3532(6) of the Maritime SAFE Act. This aims to create a uniform and potentially broader or more specific understanding of what constitutes IUU fishing across U.S. federal regulations.
The bill introduces the concept of a 'genuine link (as described in Article 5(1) of the United Nations Convention on the High Seas, done at Geneva on April 29, 1958 and entered into force September 30, 1962)' as a criterion for identifying nations that fail to exercise flag state responsibilities.
Section 2(1), amending 16 U.S.C. 1826j(a)(2)(E)
Why it matters:Referencing established international law is standard legislative practice to avoid re-stating complex legal principles and to ensure consistency with global norms. It is not necessarily evasive.
Case for: Proponents argue that referencing the UN Convention on the High Seas provides a universally recognized and legally robust standard for what constitutes a 'genuine link,' lending international legitimacy to U.S. efforts against IUU fishing and open registries.
Case against: Critics might argue that relying on external definitions, especially from older treaties, can make the law less transparent and accessible to the public and even to those directly affected. It requires specialized legal knowledge to fully grasp the scope of the provision.
Estimated impact: This reference provides the legal foundation for identifying nations with open registries, potentially impacting numerous flag states and thousands of vessels globally.
The bill mandates that the Secretary of Commerce amend the definition of 'illegal, unreported, or unregulated fishing' in 50 CFR 300.201 to be consistent with 'section 3532(6) of the Maritime SAFE Act (16 U.S.C. 8001(6)).'
Section 2(2), amending 16 U.S.C. 1826j(e)
Why it matters:This is standard legislative practice to ensure consistency and avoid redundancy. Rather than copying a definition, the bill directs agencies to align with an existing statutory definition, which is efficient.
Case for: Proponents argue that this ensures a unified and coherent approach to combating IUU fishing across different federal statutes and regulations, improving clarity for enforcement agencies and the regulated community.
Case against: Critics might suggest that referencing external statutes without providing the definition in the bill text makes it less transparent for the average reader to understand the full implications of the change without additional research.
Estimated impact: This will standardize the legal basis for identifying and taking action against IUU fishing, affecting all U.S. enforcement efforts and international engagements on the issue.