H.R. 9953

Bycatch Reduction Act

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Sec. 7. Prohibiting unsustainable foreign seafood imports

(a) Definitions. In this section:

(1) Beneficial owner. The term beneficial owner means, with respect to a vessel, a person that directly or indirectly, through any contract, arrangement, understanding, relationship, or otherwise—

(A) exercises substantial control over the vessel; or

(B) owns not less than 50 percent of the ownership interests of the vessel.

(2) Foreign vessel. The term foreign vessel has the meaning given the term in section 110 of title 46, United States Code.

(3) Seafood. The term seafood means fish, shellfish, or other aquatic animal life intended for human consumption, whether fresh, frozen, canned, smoked, prepared, or otherwise processed.

(b) Prohibition. It is prohibited for any person in the United States to enter into or facilitate, directly or indirectly, any transaction related to the importation, procurement, or selling of seafood from a foreign vessel or beneficial owner of a foreign vessel unless the Secretary of Commerce determines that the fishery from which the seafood originates harvests fish in a way that is comparable to the national standards for fishery conservation and management under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).

(c) Seizure. Any seafood in the possession of a person that violates the prohibition described in subsection (b) shall be seized by the Secretary of Commerce.

(d) Disposal of seafood. The Secretary of Commerce shall determine how to dispose of any seafood seized under subsection (c).