16 U.S.C. § 8003 — Statement of policy

Page 2722 TITLE 16—CONSERVATION § 8002 1 So in original. Probably should be ‘‘States—’’. div. C of Pub. L. 116–92, Dec. 20, 2019, 133 Stat. 1997, known as the Maritime Security and Fisheries Enforce- ment Act and also as the Maritime SAFE Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out below and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 116–92, div. C, title XXXV, § 3531, Dec. 20, 2019, 133 Stat. 1997, provided that: ‘‘This subtitle [subtitle C (§§ 3531–3572) of title XXXV of div. C of Pub. L. 116–92, enacting this chapter and amending section 7103 of Title 22, Foreign Relations and Intercourse] may be cited as the ‘Maritime Security and Fisheries Enforce- ment Act’ or the ‘Maritime SAFE Act’.’’ § 8002. Purposes The purposes of this chapter are— (1) to support a whole-of-government ap- proach across the Federal Government to counter IUU fishing and related threats to maritime security; (2) to improve data sharing that enhances surveillance, enforcement, and prosecution against IUU fishing and related activities at a global level; (3) to support coordination and collaboration to counter IUU fishing within priority regions; (4) to increase and improve global trans- parency and traceability across the seafood supply chain as— (A) a deterrent to IUU fishing; and (B) a tool for strengthening fisheries man- agement and food security; (5) to improve global enforcement operations against IUU fishing through a whole-of-gov- ernment approach by the United States; and (6) to prevent the use of IUU fishing as a fi- nancing source for transnational organized groups that undermine United States and global security interests. (Pub. L. 116–92, div. C, title XXXV, § 3533, Dec. 20, 2019, 133 Stat. 1999.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this subtitle’’, meaning subtitle C of title XXXV of div. C of Pub. L. 116–92, Dec. 20, 2019, 133 Stat. 1997, known as the Maritime Security and Fisheries Enforce- ment Act and also as the Maritime SAFE Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 8001 of this title and Tables. § 8003. Statement of policy It is the policy of the United Statesl1 (1) to take action to curtail the global trade in seafood and seafood products derived from IUU fishing, including its links to forced labor and transnational organized illegal activity; (2) to develop holistic diplomatic, military, law enforcement, economic, and capacity- building tools to counter IUU fishing; (3) to provide technical assistance to coun- tries in priority regions and priority flag states to combat IUU fishing, including assist- ance— (A) to increase local, national, and re- gional level capacities to counter IUU fish- ing through the engagement of law enforce- ment and security forces; (B) to enhance port capacity and security, including by supporting other countries in working toward the adoption and implemen- tation of the Port State Measures Agree- ment; (C) to combat corruption and increase transparency and traceability in fisheries management and trade; (D) to enhance information sharing within and across governments and multilateral or- ganizations through the development and use of agreed standards for information sharing; and (E) to support effective, science-based fish- eries management regimes that promote legal and safe fisheries and act as a deter- rent to IUU fishing; (4) to promote global maritime security through improved capacity and technological assistance to support improved maritime do- main awareness; (5) to engage with priority flag states to en- courage the use of high quality vessel tracking technologies where existing enforcement tools are lacking; (6) to engage with multilateral organizations working on fisheries issues, including Re- gional Fisheries Management Organizations and the Food and Agriculture Organization of the United Nations, to combat and deter IUU fishing; (7) to advance information sharing across governments and multilateral organizations in areas that cross multiple jurisdictions, through the development and use of an agreed standard for information sharing; (8) to continue to use existing and future trade agreements to combat IUU fishing; (9) to employ appropriate assets and re- sources of the United States Government in a coordinated manner to disrupt the illicit net- works involved in IUU fishing; (10) to continue to declassify and make available, as appropriate and practicable, technologies developed by the United States Government that can be used to help counter IUU fishing; (11) to recognize the ties of IUU fishing to transnational organized illegal activity, in- cluding human trafficking and illegal trade in narcotics and arms, and as applicable, to focus on illicit activity in a coordinated, cross-cut- ting manner; (12) to recognize and respond to poor work- ing conditions, labor abuses, and other violent crimes in the fishing industry; (13) to increase and improve global trans- parency and traceability along the seafood supply chain as— (A) a deterrent to IUU fishing; and (B) an approach for strengthening fisheries management and food security; and (14) to promote technological investment and innovation to combat IUU fishing. (Pub. L. 116–92, div. C, title XXXV, § 3534, Dec. 20, 2019, 133 Stat. 2000.) Page 2723 TITLE 16—CONSERVATION § 8013 SUBCHAPTER I—PROGRAMS TO COMBAT IUU FISHING AND INCREASE MARITIME SECURITY § 8011. Coordination with international organiza- tions The Secretary of State, in consultation with the Secretary of Commerce, shall coordinate with Regional Fisheries Management Organiza- tions 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 re- sponses to IUU fishing and related transnational organized illegal activities. (Pub. L. 116–92, div. C, title XXXV, § 3541, Dec. 20, 2019, 133 Stat. 2001.) § 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 section 3902 of title 22) to a relevant country in a priority re- gion or to a priority flag state may, if the Sec- retary of State determines such action is appro- priate— (1) convene a working group, led by Depart- ment of State officials, to examine IUU fish- ing, which may include stakeholders such as— (A) United States officials from relevant agencies participating in the interagency Working Group identified in section 8031 of this title, foreign officials, nongovernmental organizations, the private sector, and rep- resentatives of local fishermen in the region; and (B) experts on IUU fishing, law enforce- ment, criminal justice, transnational orga- nized illegal activity, defense, intelligence, vessel movement monitoring, and inter- national development operating in or with knowledge of the region; and (2) designate a counter-IUU Fishing Coordi- nator from among existing personnel at the mission if the chief of mission determines such action is appropriate. (Pub. L. 116–92, div. C, title XXXV, § 3542, Dec. 20, 2019, 133 Stat. 2001.) § 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 Com- mandant of the Coast Guard when the Coast Guard is not operating as a service in the De- partment of the Navy, as well as any other rel- evant department or agency, shall provide as- sistance, 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, in- cluding— (1) by assessing and using existing resources, enforcement tools, and legal authorities to co- ordinate efforts to combat IUU fishing with ef- forts to combat other illegal trade, including weapons, drugs, and human trafficking; (2) by expanding existing IUU fishing en- forcement training; (3) by providing targeted, country- and re- gion-specific training on combating IUU fish- ing, including in those countries that have not adopted the Port State Measures Agreement; (4) by supporting increased effectiveness and transparency of the fisheries enforcement sec- tors 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 imple- ment programs related to port security and ca- pacity for the purposes of preventing IUU fish- ing products from entering the global seafood market, including by supporting other countries in working toward the adoption and implemen- tation 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 pro- grams in such countries, to increase the capac- ity of IUU fishing enforcement and customs and border security officers to improve their abil- ity— (1) to conduct effective investigations, in- cluding using law enforcement techniques such as undercover investigations and the de- velopment of informer networks and action- able intelligence; (2) to conduct vessel boardings and inspec- tions at sea and associated enforcement ac- tions; (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 iden- tification of seafood used in trade; (7) to conduct training on techniques, such as collecting electronic evidence and using computer forensics, for law enforcement per- sonnel involved in complex investigations re- lated to international matters, financial issues, and government corruption that in- clude IUU fishing;