SUBCHAPTER I—PROGRAMS TO COMBAT IUU FISHING AND INCREASE MARITIME SECURITY
§8011. Coordination with international organizations
The Secretary of State, in consultation with the Secretary of Commerce, shall coordinate with Regional Fisheries Management Organizations and the Food and Agriculture Organization of the United Nations, and may coordinate with other relevant international governmental or nongovernmental organizations, or the private sector, as appropriate, to enhance regional responses to IUU fishing and related transnational organized illegal activities.
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§8012. Engagement of diplomatic missions of the United States
Not later than 1 year after December 20, 2019, each chief of mission (as defined in
(1) convene a working group, led by Department of State officials, to examine IUU fishing, which may include stakeholders such as—
(A) United States officials from relevant agencies participating in the interagency Working Group identified in
(B) experts on IUU fishing, law enforcement, criminal justice, transnational organized illegal activity, defense, intelligence, vessel movement monitoring, and international development operating in or with knowledge of the region; and
(2) designate a counter-IUU Fishing Coordinator from among existing personnel at the mission if the chief of mission determines such action is appropriate.
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§8013. Assistance by Federal agencies to improve law enforcement within priority regions and priority flag states
(a) In general
The Secretary of State, in consultation with the Secretary of Commerce and the Commandant of the Coast Guard when the Coast Guard is not operating as a service in the Department of the Navy, as well as any other relevant department or agency, shall provide assistance, as appropriate, in accordance with this section.
(b) Law enforcement training and coordination activities
The officials referred to in subsection (a) shall evaluate opportunities to provide assistance, as appropriate, to countries in priority regions and priority flag states to improve the effectiveness of IUU fishing enforcement, with clear and measurable targets and indicators of success, including—
(1) by assessing and using existing resources, enforcement tools, and legal authorities to coordinate efforts to combat IUU fishing with efforts to combat other illegal trade, including weapons, drugs, and human trafficking;
(2) by expanding existing IUU fishing enforcement training;
(3) by providing targeted, country- and region-specific training on combating IUU fishing, including in those countries that have not adopted the Port State Measures Agreement;
(4) by supporting increased effectiveness and transparency of the fisheries enforcement sectors of the governments of such countries; and
(5) by supporting increased outreach to stakeholders in the affected communities as key partners in combating and prosecuting IUU fishing.
(c) Implementation of Port State Measures
The officials referred to in subsection (a) shall evaluate opportunities to provide assistance, as appropriate, to countries in priority regions and priority flag states to help those states implement programs related to port security and capacity for the purposes of preventing IUU fishing products from entering the global seafood market, including by supporting other countries in working toward the adoption and implementation of the Port State Measures Agreement.
(d) Capacity building for investigations and prosecutions
The officials referred to in subsection (a), in collaboration with the governments of countries in priority regions and of priority flag states, shall evaluate opportunities to assist those countries in designing and implementing programs in such countries, to increase the capacity of IUU fishing enforcement and customs and border security officers to improve their ability—
(1) to conduct effective investigations, including using law enforcement techniques such as undercover investigations and the development of informer networks and actionable intelligence;
(2) to conduct vessel boardings and inspections at sea and associated enforcement actions;
(3) to exercise existing shiprider agreements and to enter into and implement new shiprider agreements, for all priority regions identified by the Working Group, including in those countries that have not adopted the Port State Measures Agreement;
(4) to conduct vessel inspections at port and associated enforcement actions;
(5) to assess technology needs and promote the use of technology to improve monitoring, enforcement, and prosecution of IUU fishing;
(6) to conduct DNA-based and forensic identification of seafood used in trade;
(7) to conduct training on techniques, such as collecting electronic evidence and using computer forensics, for law enforcement personnel involved in complex investigations related to international matters, financial issues, and government corruption that include IUU fishing;
(8) to assess financial flows and the use of financial institutions to launder profits related to IUU fishing;
(9) to conduct training on the legal mechanisms that can be used to prosecute those identified in the investigations as alleged perpetrators of IUU fishing and other associated crimes such as trafficking and forced labor; and
(10) to conduct training to raise awareness of the use of whistleblower information and ways to incentivize whistleblowers to come forward with original information related to IUU fishing.
(e) Capacity building for information sharing
The officials referred to in subsection (a) shall evaluate opportunities to provide assistance, as appropriate, to key countries in priority regions and priority flag states in the form of training, equipment, and systems development to build capacity for information sharing related to maritime enforcement and port security.
(f) Coordination with other relevant agencies
The Secretary of State shall coordinate, as appropriate, with the Secretary of Commerce, the Commandant of the Coast Guard when the Coast Guard is not operating as a service in the Department of the Navy, and with other relevant Federal agencies in accordance with this section.
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Editorial Notes
Amendments
2022—Subsec. (d).
Subsec. (d)(3).
§8014. Expansion of existing mechanisms to combat IUU fishing
(a) Mechanisms to combat IUU fishing
The Secretary of State, the Administrator of the United States Agency for International Development, the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Department of the Navy, the Secretary of Defense, the Secretary of Commerce, the Attorney General, and the heads of other appropriate Federal agencies shall assess opportunities to combat IUU fishing by expanding, as appropriate, the use of the following mechanisms:
(1) Including counter-IUU fishing in existing shiprider agreements in which the United States is a party.
(2) Entering into shiprider agreements that include counter-IUU fishing with priority flag states and countries in priority regions with which the United States does not already have such an agreement.
(3) Including counter-IUU fishing as part of the mission of the Combined Maritime Forces.
(4) Including counter-IUU fishing exercises in the annual at-sea exercises conducted by the Department of Defense, in coordination with the United States Coast Guard.
(5) Creating partnerships similar to the Oceania Maritime Security Initiative and the Africa Maritime Law Enforcement Partnership in other priority regions.
(b) Information sharing
The Director of National Intelligence, in conjunction with other agencies, as appropriate, shall develop an enterprise approach to appropriately share information and data within the United States Government or with other countries or nongovernmental organizations, or the private sector, as appropriate, on IUU fishing and other connected transnational organized illegal activity occurring in priority regions and elsewhere, including big data analytics and machine learning.
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§8015. Improvement of transparency and traceability programs
The Secretary of State, the Administrator of the United States Agency for International Development, the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Department of the Navy, the Secretary of Commerce, and the heads of other Federal agencies, if merited, shall work, as appropriate, with priority flag states and key countries in priority regions—
(1) to increase knowledge within such countries about the United States transparency and traceability standards for imports of seafood and seafood products;
(2) to improve the capacity of seafood industries within such countries through information sharing and training to meet the requirements of transparency and traceability standards for seafood and seafood product imports, including catch documentation and trade tracking programs adopted by relevant regional fisheries management organizations; and
(3) to improve the capacities of government, industry, and civil society groups to develop and implement comprehensive traceability systems that—
(A) deter IUU fishing;
(B) strengthen fisheries management; and
(C) enhance maritime domain awareness.
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§8016. Technology programs
The Secretary of State, the Administrator of the United States Agency for International Development, the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Department of the Navy, the Secretary of Defense, the Secretary of Commerce, and the heads of other Federal agencies, if merited, shall pursue programs, as appropriate, to expand the role of technology for combating IUU fishing, including by—
(1) promoting the use of technology to combat IUU fishing;
(2) assessing the technology needs, including vessel tracking technologies and data sharing, in priority regions and priority flag states;
(3) engaging with priority flag states to encourage the mandated use of vessel tracking technologies, including vessel monitoring systems, AIS, or other vessel movement monitoring technologies on fishing vessels and transshipment vessels at all times, as appropriate, while at sea as a means to identify IUU fishing activities and the shipment of illegally caught fish products; and
(4) building partnerships with the private sector, including universities, nonprofit research organizations, the seafood industry, and the technology, transportation and logistics sectors, to leverage new and existing technologies and data analytics to address IUU fishing.
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§8017. Savings clause
No provision of
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§8018. Capacity building in foreign fisheries
The Secretary, in consultation with the heads of other Federal agencies, as appropriate, shall develop and carry out with partner governments and civil society—
(1) multi-year international environmental cooperation agreements and projects; and
(2) multi-year capacity-building projects for implementing measures to address illegal, unreported, or unregulated fishing, fraud, forced labor, bycatch, and other conservation measures.
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Editorial Notes
Codification
Section was enacted as part of the Don Young Coast Guard Authorization Act of 2022 and also as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, and not as part of the Maritime Security and Fisheries Enforcement Act or the Maritime SAFE Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
Definitions
For definitions of terms used in this section, see section 11329 of div. K of