16 U.S.C. § 8034 — Gulf of Mexico IUU Fishing Subworking

Page 2727 TITLE 16—CONSERVATION § 8034 tion 8032 of this title, and 5 years after, the Working Group shall submit a report to the Committee on Commerce, Science, and Trans- portation of the Senate, the Committee on For- eign Relations of the Senate, the Committee on Appropriations of the Senate, the Committee on the Judiciary of the Senate, the Select Com- mittee on Intelligence of the Senate, the Com- mittee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Transportation and Infrastructure of the House of Representa- tives, 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; (2) an assessment of the extent of the con- vergence between transnational organized ille- gal activity, including human trafficking and forced labor, and IUU fishing; (3) an assessment of the topics, data sources, and strategies that would benefit from in- creased information sharing and recommenda- tions regarding harmonization of data collec- tion and sharing; (4) an assessment of assets, including mili- tary assets and intelligence, which can be used for either enforcement operations or strate- gies 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 coun- tries in priority regions in responding to those threats as a result of assistance by the United States pursuant to the strategic plan devel- oped under section 8032 of this title, includ- ing— (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 re- lated to money laundering; (B) an assessment of the adherence to, or progress toward adoption of, international treaties related to IUU fishing, including the Port State Measures Agreement, by coun- tries in priority regions; (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 coun- tries in priority regions to implement shiprider agreements; (E) an assessment of the capacity of coun- tries in priority regions to increase mari- time domain awareness; and (F) an assessment of the capacity of gov- ernments of relevant countries in priority regions to sustain the programs for which the United States has provided assistance under this chapter; (7) an assessment of the capacity of priority flag states to track the movement of and po- lice their fleet, prevent their flagged vessels from engaging in IUU fishing, and enforce ap- plicable laws and regulations; (8) an assessment of the extent of involve- ment in IUU fishing of organizations des- ignated as foreign terrorist organizations under section 1189 of title 8; and (9) the status of work with global enforce- ment partners. (Pub. L. 116–92, div. C, title XXXV, § 3553, Dec. 20, 2019, 133 Stat. 2007; Pub. L. 117–263, div. K, title CXIII, § 11339(c), Dec. 23, 2022, 136 Stat. 4105.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in par. (6)(F), 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 En- forcement Act and also as the Maritime SAFE Act, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 8001 of this title and Tables. AMENDMENTS 2022—Par. (9). Pub. L. 117–263 added par. (9). § 8034. Gulf of Mexico IUU Fishing Subworking Group (a) In general Not later than 90 days after December 20, 2019, the Administrator of the National Oceanic and Atmospheric Administration, in coordination with the Commandant of the Coast Guard and the Secretary of State, shall establish a sub- working group to address IUU fishing in the ex- clusive economic zone of the United States in the Gulf of Mexico. (b) Functions The subworking group established under sub- section (a) shall identify— (1) Federal actions taken and policies estab- lished during the 5-year period immediately preceding December 20, 2019, with respect to IUU fishing in the exclusive economic zone of the United States in the Gulf of Mexico, in- cluding 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 Pro- tection Act (16 U.S.C. 1826d et seq.) to any relevant nation, including the status of any past or ongoing consultations and certifi- cation procedures; (2) actions and policies, in addition to the actions and policies described in paragraph (1), each of the Federal agencies described in sub- section (a) can take, using existing resources, to combat IUU fishing in the exclusive eco- nomic zone of the United States in the Gulf of Mexico; and (3) any additional authorities that could as- sist each such agency in more effectively ad- dressing such IUU fishing. Page 2728 TITLE 16—CONSERVATION § 8041 1 So in original. The comma probably should not appear. (c) Report Not later than 1 year after the IUU Fishing Subworking Group is established under sub- section (a), the group shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Nat- ural Resources of the House of Representatives that contains— (1) the findings identified pursuant to sub- section (b); and (2) a timeline for each of the Federal agen- cies described in subsection (a) to implement each action or policy identified pursuant to subsection (b)(2). (Pub. L. 116–92, div. C, title XXXV, § 3554, Dec. 20, 2019, 133 Stat. 2008.) Editorial Notes REFERENCES IN TEXT The High Seas Driftnet Fishing Moratorium Protec- tion Act, referred to in subsec. (b)(1)(B), is Pub. L. 104–43, title VI, Nov. 3, 1995, 109 Stat. 391, which enacted sections 1826d to 1826g of this title and provisions set out as a note under section 1826d of this title. For com- plete classification of this Act to the Code, see Short Title of 1995 Amendment note set out under section 1801 of this title and Tables. SUBCHAPTER III—AUTHORIZATION OF APPROPRIATIONS § 8041. Authorization of appropriations (a) Funding Amounts made available to carry out this chapter shall be derived from amounts appro- priated to the relevant agencies and depart- ments. (b) No increase in contributions Nothing in this chapter shall be construed to authorize an increase in required or voluntary contributions paid by the United States to any multilateral or international organization. (Pub. L. 116–92, div. C, title XXXV, § 3571, Dec. 20, 2019, 133 Stat. 2010.) 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. CHAPTER 100—NUTRIA ERADICATION AND CONTROL Sec. 8101. Findings and purposes. 8102. Nutria eradication program. § 8101. Findings and purposes (a) Findings The Congress finds the following: (1) Wetlands, tidal marshes, and agricultural lands provide significant cultural, economic, and ecological benefits to the Nation. (2) The South American nutria (Myocastor coypus) is directly contributing to substantial marsh loss on Federal, State, and private land. (3) Traditional harvest methods to control or eradicate nutria have failed. Consequently, marsh loss, loss of public and private wet- lands, and loss of agricultural lands are accel- erating. (4) The nutria eradication and control pilot program authorized by Public Law 105–322 is to develop new and effective methods for eradi- cation of nutria. (b) Purpose The purpose of this chapter is to authorize the Secretary of the Interior to provide financial as- sistance to any State that has demonstrated the need for a program to implement measures to eradicate or control nutria and restore marsh- land damaged by nutria. (Pub. L. 108–16, § 2, Apr. 23, 2003, 117 Stat. 621; Pub. L. 116–186, § 1(1), Oct. 30, 2020, 134 Stat. 901.) Editorial Notes REFERENCES IN TEXT Public Law 105–322, referred to in subsec. (a)(4), is Pub. L. 105–322, Oct. 30, 1998, 112 Stat. 3027, which is not classified to the Code. This chapter, referred to in subsec. (b), was in the original ‘‘this Act’’, meaning Pub. L. 108–16, Apr. 23, 2003, 117 Stat. 621, known as the Nutria Eradication and Control Act of 2003, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note below and Tables. AMENDMENTS 2020—Subsec. (a)(1). Pub. L. 116–186, § 1(1)(A)(i), sub- stituted ‘‘Wetlands, tidal marshes, and agricultural lands’’ for ‘‘Wetlands and tidal marshes of the Chesa- peake Bay and in Louisiana’’. Subsec. (a)(2). Pub. L. 116–186, § 1(1)(A)(ii), struck out ‘‘in Maryland and Louisiana’’ after ‘‘substantial marsh loss’’. Subsec. (a)(3). Pub. L. 116–186, § 1(1)(A)(iii), amended par. (3) generally. Prior to amendment, par. (3) read as follows: ‘‘Traditional harvest methods to control or eradicate nutria have failed in Maryland and have had limited success in the eradication of nutria in Lou- isiana. Consequently, marsh loss is accelerating.’’ Subsec. (b). Pub. L. 116–186, § 1(1)(B), substituted ‘‘any State that has demonstrated the need’’ for ‘‘the State of Maryland and the State of Louisiana’’. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 108–16, § 1, Apr. 23, 2003, 117 Stat. 621, provided that: ‘‘This Act [enacting this chapter] may be cited as the ‘Nutria Eradication and Control Act of 2003’.’’ § 8102. Nutria eradication program (a) Grant authority The Secretary of the Interior (referred to in this chapter as the ‘‘Secretary’’),1 may provide financial assistance to a State, in an amount that is in proportion to the total impacted area of such State affected by nutria, that has dem- onstrated to the Secretary sufficient need for a program to implement measures to eradicate or control nutria and restore marshland, public