Title II — Establishment of Interagency Working Group on IUU Fishing and Seafood Fraud

S. 1269 · 116th Congress · May 1, 2019 · Lineage

II Establishment of Interagency Working Group on IUU Fishing and Seafood Fraud

Sec. 201 Interagency Working Group on IUU Fishing and Seafood Fraud

(a)

In general— There is established a collaborative interagency working group on maritime security, IUU fishing, and seafood fraud (referred to in this title as the “Working Group”).

(b)

Members— The members of the Working Group shall be composed of—

(1)

1 chair, who shall be appointed by the Commandant of the United States Coast Guard;

(2)

2 deputy chairs, who shall be appointed by their respective agency heads, from—

(A)

the Department of State; and

(B)

the National Oceanic and Atmospheric Administration;

(3)

12 members, who shall be appointed by their respective agency heads, from—

(A)

the Department of Defense;

(B)

the United States Navy;

(C)

the United States Agency for International Development;

(D)

the United States Fish and Wildlife Service;

(E)

the Department of Justice;

(F)

the Department of the Treasury;

(G)

U.S. Customs and Border Protection;

(H)

U.S. Immigration and Customs Enforcement;

(I)

the Federal Trade Commission;

(J)

the National Institute of Food and Agriculture;

(K)

the Food and Drug Administration; and

(L)

the Department of Labor;

(4)

1 or more members from the intelligence community, who shall be appointed by the Director of National Intelligence; and

(5)

5 members, who shall be appointed by the President, from—

(A)

the National Security Council;

(B)

the Council on Environmental Quality;

(C)

the Office of Management and Budget;

(D)

the Office of Science and Technology Policy; and

(E)

the Office of the United States Trade Representative.

(c)

Responsibilities— The Working Group shall ensure an integrated, Federal Government-wide response to IUU fishing and seafood fraud globally, including by—

(1)

improving the coordination of Federal agencies to identify, interdict, investigate, prosecute, and dismantle IUU fishing operations and organizations perpetrating and knowingly benefitting from IUU fishing and seafood fraud in the United States and abroad;

(2)

assessing areas for increased interagency information sharing on matters related to IUU fishing and related crimes;

(3)

establishing standards for information sharing related to maritime enforcement;

(4)

developing a strategy to determine how military assets and intelligence can contribute to enforcement strategies to combat IUU fishing;

(5)

increasing maritime domain awareness relating to IUU fishing and related crimes and developing a strategy to leverage awareness for enhanced enforcement and prosecution actions against IUU fishing;

(6)

supporting the implementation of the Port State Measures Agreement in relevant countries and assessing the capacity and training needs in such countries;

(7)

outlining a strategy to coordinate, increase, and use shiprider agreements between the Department of Defense or the Coast Guard and relevant countries;

(8)

enhancing cooperation with partner governments to combat IUU fishing and seafood fraud;

(9)

identifying opportunities for increased information sharing between Federal agencies and partner governments working to combat IUU fishing and seafood fraud;

(10)

consulting and coordinating with the seafood industry and nongovernmental stakeholders that work to combat IUU fishing and seafood fraud;

(11)

supporting the work of collaborative international initiatives to make available certified data from State authorities about vessel and vessel-related activities related to IUU fishing;

(12)

supporting the identification and certification procedures to address IUU fishing in accordance with the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826d et seq.); and

(13)

developing a strategy for raising domestic awareness of the issues relating to IUU fishing and seafood fraud, including publishing annual reports summarizing nonsensitive information about the Working Group’s efforts to investigate, enforce, and prosecute groups and individuals engaging in IUU fishing and seafood fraud.

Sec. 202 Strategic plan

(a)

Strategic plan— Not later than 2 years after the date of the enactment of this Act, the Working Group shall submit to Congress a 5-year integrated strategic plan on combating IUU fishing and enhancing maritime security, including specific strategies with monitoring benchmarks for addressing IUU fishing in priority regions.

(b)

Identification of priority regions and priority flag states—

(1)

In general— The strategic plan submitted under subsection (a) shall identify priority regions and priority flag states to be the focus of assistance coordinated by the Working Group under section 201.

(2)

Priority region selection criteria— In selecting priority regions under paragraph (1), the Working Group shall select regions that—

(A)

are at high risk for IUU fishing activity or the entry of illegally caught seafood into their markets; and

(B)

lack the capacity to fully address the issues described in subparagraph (A).

(3)

Priority flag states selection criteria— In selecting priority flag states under paragraph (1), the Working Group shall select countries—

(A)

the flagged vessels of which actively engage in, knowingly profit from, or are complicit in IUU fishing; and

(B)

that are willing, but lack the capacity, to police their fleet.

Sec. 203 Reports

Not later than 5 years after the submission of the 5-year integrated strategic plan under section 202, and every 5 years thereafter, the Working Group shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Foreign Relations of the Senate, the Committee on Appropriations of the Senate, the Committee on Natural Resources of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Appropriations of the House of Representatives that contains—

(1)

a summary of global and regional trends in IUU fishing and seafood fraud;

(2)

an assessment of the extent of the convergence between transnational organized illegal activity, including human trafficking and forced labor, and IUU fishing;

(3)

an assessment of the topics, data sources, and strategies that would benefit from increased information sharing and recommendations regarding harmonization of data collection and sharing;

(4)

an assessment of assets, including military assets and intelligence, which can be used for either enforcement operations or strategies to combat IUU fishing;

(5)

summaries of the situational threats with respect to IUU fishing in priority regions and an assessment of the capacity of countries within such regions to respond to those threats;

(6)

an assessment of the progress of countries in priority regions in responding to those threats as a result of assistance by the United States pursuant to the strategic plan developed under section 202, including—

(A)

the identification of—

(i)

relevant supply routes, ports of call, methods of landing and entering illegally caught product into legal supply chains, and financial institutions used in each country by participants engaging in IUU fishing; and

(ii)

indicators of IUU fishing that are related to money laundering;

(B)

an assessment of the adherence of countries in priority regions to international treaties related to IUU fishing, including the Port State Measures Agreement;

(C)

an assessment of the implementation by countries in priority regions of seafood traceability or capacity to apply traceability to verify the legality of catch and strengthen fisheries management;

(D)

an assessment of the capacity of countries in priority regions to implement shiprider agreements;

(E)

an assessment of the capacity of countries in priority regions to increase maritime domain awareness; and

(F)

an assessment of the capacity of governments of relevant countries in priority regions to sustain the programs for which the United States has provided assistance under this Act;

(7)

an assessment of the capacity of priority flag states to track the movement of and police their fleet, prevent their flagged vessels from engaging in IUU fishing, and enforce applicable laws and regulations; and

(8)

an assessment of the extent of involvement in IUU fishing of organizations designated as foreign terrorist organizations under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).

Sec. 204 Gulf of Mexico IUU Fishing Subworking Group

(a)

In general— Not later than 90 days after the date of the enactment of this Act, the Administrator of the National Oceanic and Atmospheric Administration, in coordination with the Coast Guard and the Department of State, shall establish a subworking group to address IUU fishing in the exclusive economic zone of the United States in the Gulf of Mexico.

(b)

Functions— The subworking group established under subsection (a) shall identify—

(1)

Federal actions taken and policies established during the 5-year period immediately preceding the date of the enactment of this Act with respect to IUU fishing in the exclusive economic zone of the United States in the Gulf of Mexico, including such actions and policies related to—

(A)

the surveillance, interdiction, and prosecution of any foreign nationals engaged in such fishing; and

(B)

the application of the provisions of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826d et seq.) to any relevant nation, including the status of any past or ongoing consultations and certification procedures;

(2)

actions and policies, in addition to the actions and policies described in paragraph (1), each of the Federal agencies described in subsection (a) can take, using existing resources, to combat IUU fishing in the exclusive economic zone of the United States in the Gulf of Mexico; and

(3)

any additional authorities that could assist each such agency in more effectively addressing such IUU fishing.

(c)

Report— Not later than 1 year after the IUU Fishing Subworking Group is established under subsection (a), the group shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives that contains—

(1)

the findings identified pursuant to subsection (b); and

(2)

a timeline for each of the Federal agencies described in subsection (a) to implement each action or policy identified pursuant to subsection (b)(2).