16 U.S.C. § 8033 — Reports

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- 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.