Protecting U.S. Fishers from Illegal Foreign Flags Act of 2026
Sponsored By: Senator Merkley, Jeff [D-OR]
Introduced
Summary
Tightening the 'genuine link' test for flag states. This bill would expand when a nation can be labeled as failing its flag duties by requiring confirmation of a genuine link between the state and a vessel's beneficial owners and operators, as described in Article 5(1) of the United Nations Convention on the Law of the Sea. It would also align the U.S. definition of illegal, unreported, and unregulated (IUU) fishing with the Maritime SAFE Act.
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- Countries with open or loose ship registries. They would face a clearer basis for being identified as failing flag state responsibilities if they allow vessels to operate without confirming a genuine link to owners and operators.
- Vessel owners and operators using those registries. Their vessels could face greater scrutiny or association with IUU fishing because their flag state might be designated as ineffective.
- U.S. rule definitions and enforcement. The Secretary would have to amend the federal regulation defining IUU fishing to match the Maritime SAFE Act within 90 days of enactment.
*Would not authorize new federal spending or change taxes.*
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Bill Overview
Analyzed Economic Effects
1 provisions identified: 1 benefits, 0 costs, 0 mixed.
Tighter rules on foreign fishing flags
This bill would let the U.S. treat countries as failing to exercise flag-state duties if they allow vessels to register without confirming a "genuine link" to the vessel owners or controllers, as described in Article 5(1) of the United Nations Convention on the High Seas (1958/1962). If enacted, that would broaden the grounds to label open registries or flags of convenience as ineffective and could trigger restrictions or enforcement actions. The bill would also require the Secretary to update the regulatory definition of "illegal, unreported, or unregulated fishing" in 50 C.F.R. part 300.201 so it matches the Maritime SAFE Act. The Secretary would have not later than 90 days after enactment to make that change.
Sponsors & CoSponsors
Sponsor
Merkley, Jeff [D-OR]
OR • D
Cosponsors
Sen. Wicker, Roger F. [R-MS]
MS • R
Sponsored 6/9/2026
Sen. Sullivan, Dan [R-AK]
AK • R
Sponsored 6/18/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov