16 U.S.C. § 8031 — Interagency Working Group on IUU fish-

Page 2725 TITLE 16—CONSERVATION § 8031 (3) engaging with priority flag states to en- courage the mandated use of vessel tracking technologies, including vessel monitoring sys- tems, AIS, or other vessel movement moni- toring technologies on fishing vessels and transshipment vessels at all times, as appro- priate, 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 re- search organizations, the seafood industry, and the technology, transportation and logis- tics sectors, to leverage new and existing tech- nologies and data analytics to address IUU fishing. (Pub. L. 116–92, div. C, title XXXV, § 3546, Dec. 20, 2019, 133 Stat. 2004.) § 8017. Savings clause No provision of section 8001 of this title or of this subchapter shall impose, or be interpreted to impose, any duty, responsibility, require- ment, or obligation on the Department of De- fense, the Department of the Navy, the United States Coast Guard when operating as a service in the Department of Homeland Security, or any official or component of either. (Pub. L. 116–92, div. C, title XXXV, § 3547, Dec. 20, 2019, 133 Stat. 2005.) § 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, un- reported, or unregulated fishing, fraud, forced labor, bycatch, and other conservation meas- ures. (Pub. L. 117–263, div. K, title CXIII, § 11339(a), Dec. 23, 2022, 136 Stat. 4105.) 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 Mari- time SAFE Act which comprises this chapter. Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of terms used in this section, see sec- tion 11329 of div. K of Pub. L. 117–263, set out as a note under section 1885a of this title. SUBCHAPTER II—ESTABLISHMENT OF INTERAGENCY WORKING GROUP ON IUU FISHING § 8031. Interagency Working Group on IUU fish- ing (a) In general There is established a collaborative inter- agency working group on maritime security and IUU fishing (referred to in this chapter as the ‘‘Working Group’’). (b) Members The members of the Working Group shall be composed of— (1) 1 chair, who shall rotate between the Sec- retary of the Department in which the Coast Guard is operating, acting through the Com- mandant of the Coast Guard, the Secretary of State, and the National Oceanographic and Atmospheric Administration, acting through the Administrator, on a 3-year term; (2) 2 deputy chairs, who shall be appointed by their respective agency heads and shall be from a different Department than that of the chair, from— (A) the Coast Guard; (B) the Department of State; and (C) 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 Inter- national 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 En- forcement; (I) the Federal Trade Commission; (J) the Department of Agriculture; (K) the Food and Drug Administration; and (L) the Department of Labor; (4) 1 or more members from the intelligence community (as defined in section 3003 of title 50), 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 inte- grated, Federal Government-wide response to IUU fishing globally, including by— (1) improving the coordination of Federal agencies to identify, interdict, investigate, prosecute, and dismantle IUU fishing oper- ations and organizations perpetrating and knowingly benefitting from IUU fishing; (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) maximizing the utility of the import data collected by the members of the Working Group by harmonizing data standards and entry fields; Page 2726 TITLE 16—CONSERVATION § 8032 (5) developing a strategy to determine how military assets and intelligence can con- tribute to enforcement strategies to combat IUU fishing; (6) increasing maritime domain awareness relating to IUU fishing and related crimes and developing a strategy to leverage awareness for enhanced enforcement and prosecution ac- tions against IUU fishing; (7) supporting the adoption and implementa- tion of the Port State Measures Agreement in relevant countries and assessing the capacity and training needs in such countries; (8) outlining a strategy to coordinate, in- crease, and use shiprider agreements between the Department of Defense or the Coast Guard and relevant countries; (9) enhancing cooperation with partner gov- ernments to combat IUU fishing; (10) identifying opportunities for increased information sharing between Federal agencies and partner governments working to combat IUU fishing; (11) consulting and coordinating with the seafood industry and nongovernmental stake- holders that work to combat IUU fishing; (12) 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; (13) supporting the identification and certifi- cation procedures to address IUU fishing in ac- cordance with the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826d et seq.); and (14) publishing annual reports summarizing nonsensitive information about the Working Group’s efforts to investigate, enforce, and prosecute groups and individuals engaging in IUU fishing. (Pub. L. 116–92, div. C, title XXXV, § 3551, Dec. 20, 2019, 133 Stat. 2005; Pub. L. 117–263, div. K, title CXIII, § 11331(a), Dec. 23, 2022, 136 Stat. 4099.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), 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. The High Seas Driftnet Fishing Moratorium Protec- tion Act, referred to in subsec. (c)(13), is Pub. L. 104–43, title VI, Nov. 3, 1995, 109 Stat. 391, which enacted sec- tions 1826d to 1826g of this title and provisions set out as a note under section 1826d of this title. For complete classification of this Act to the Code, see Short Title of 1995 Amendment note set out under section 1801 of this title and Tables. AMENDMENTS 2022—Subsec. (c)(4) to (14). Pub. L. 117–263 added par. (4) and redesignated former pars. (4) to (13) as (5) to (14), respectively. Statutory Notes and Related Subsidiaries PROHIBITION ON AGGREGATED CATCH DATA FOR CERTAIN SPECIES Pub. L. 117–263, div. K, title CXIII, § 11331(b), Dec. 23, 2022, 136 Stat. 4099, provided that: ‘‘Beginning not later than 1 year after the date of enactment of this Act [Dec. 23, 2022], for the purposes of compliance with re- spect to Northern red snapper under the Seafood Im- port Monitoring Program, the Secretary may not allow an aggregated harvest report of such species, regardless of vessel size.’’ [For definition of terms as used in section 11331(b) of Pub. L. 117–263, set out above, see section 11329 of div. K of Pub. L. 117–263, set out as a note under section 1885a of this title.] § 8032. Strategic plan (a) Strategic plan Not later than 2 years after December 20, 2019, the Working Group, after consultation with the relevant stakeholders, shall submit to the Com- mittee on Commerce, Science, and Transpor- tation of the Senate, the Committee on Foreign Relations of the Senate, the Committee on Ap- propriations of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Natural Resources of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Appro- priations of the House of Representatives 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 pri- ority regions. (b) Identification of priority regions and priority flag states (1) In general The strategic plan submitted under sub- section (a) shall identify priority regions and priority flag states to be the focus of assist- ance coordinated by the Working Group under section 8031 of this title. (2) Priority region selection criteria In selecting priority regions under para- graph (1), the Working Group shall select re- gions that— (A) are at high risk for IUU fishing activ- ity 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 para- graph (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 lack the capacity to police their fleet. (Pub. L. 116–92, div. C, title XXXV, § 3552, Dec. 20, 2019, 133 Stat. 2006.) § 8033. Reports Not later than 5 years after the submission of the 5-year integrated strategic plan under sec-