[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9440 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 9440
To require a strategy to increase United States interagency cooperation
with partner African countries to counter illegal, unreported, and
unregulated fishing, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 30, 2024
Mr. Moran (for himself and Mr. Amo) introduced the following bill;
which was referred to the Committee on Natural Resources, and in
addition to the Committees on Foreign Affairs, and Transportation and
Infrastructure, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To require a strategy to increase United States interagency cooperation
with partner African countries to counter illegal, unreported, and
unregulated fishing, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing Enforcement in African Seas
Act of 2024'' or the ``SEAS Act of 2024''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Illegal, unreported, and unregulated (in this Act
referred to as ``IUU'') fishing off Africa's coasts undermines
regional fisheries management and international agreements
aimed at curbing IUU fishing activities and is a threat to the
food and economic stability of coastal African countries.
(2) Reports estimate that Illicit Financial Flows linked to
IUU fishing leads to an economic loss of up to $11,490,000,000
per year for Africa.
(3) The Financial Transparency Coalition, in a joint report
with several other organizations, reported in 2022 that 48.9
percent of all industrial and semi-industrial vessels
identified as being involved in global IUU fishing were found
to be operating off of Africa's coasts, with 40 percent in West
Africa alone.
(4) The People's Republic of China (in this Act referred to
as the ``PRC'') is the largest exploiter of global marine
fisheries, has the largest distant-water fleet in the world and
8 of the 10 companies most responsible for IUU fishing are
based in China.
(5) IUU fishing often occurs in conjunction with violations
of internationally recognized worker rights, forced labor, and
other human rights abuses.
(6) In a June 27, 2022, national security memorandum the
White House stated that ``left unchecked, IUU fishing and
associated labor abuses undermine United States economic
competitiveness, national security, fishery sustainability, and
the livelihoods and human rights of fishers around the world''.
(7) In 2019, Congress passed the Maritime Security and
Fisheries Enforcement Act (Public Law 116-92) to support a
whole-of-government approach across the Federal Government to
counter IUU fishing and related threats to maritime security.
(8) Efforts to combat IUU fishing benefit from strategies
that also target the associated maritime labor abuses like
violations of internationally recognized worker rights and
forced labor.
(9) The 2022 National 5-Year Strategy for Combating
Illegal, Unreported, and Unregulated Fishing identified the
Gulf of Guinea as a ``Tier One Priority Region'', Northwest
Africa (Atlantic Ocean) and East Africa as a ``Tier Two
Priority Region'', and Senegal as a ``Priority Flag State'',
the only country in Africa to be selected for that status.
(10) In 2020, the Coast Guard called IUU fishing the
``leading global maritime security threat'' in its Illegal,
Unreported, and Unregulated Fishing Strategic Outlook.
(11) In 2023, there were zero Coast Guard attaches or
liaisons deployed in Africa.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that the United States should--
(1) work with and encourage African countries committed to
countering IUU fishing to adopt legal requirements mandating
the continual use of vessel-tracking technologies, including
vessel monitoring systems, automatic identification systems, or
other vessel movement monitoring technologies pertaining to
fishing and transshipment activities, as appropriate, during
the port- or ocean-based operations of vessels flagged by these
nations and foreign vessels operating in their exclusive
economic zone--
(A) to ensure that all such operations are legal;
(B) to identify vessels suspected of IUU fishing
activities; and
(C) to counter the illicit or unregulated shipment
of illegally caught fish products, particularly through
ship-to-ship transfers of such products;
(2) document instances of private commercial entities or
foreign government-owned fishing vessels fishing without
authorization within the exclusive economic zones of African
countries or within high seas areas under the management of
regional fisheries management organizations;
(3) compile and publish--
(A) a list of private commercial entities or
foreign government-owned fishing vessels, including
licenses and registration data, authorized to operate
in the exclusive economic zone of coastal African
countries; and
(B) details of foreign fishing fleet access
agreements with African countries (unless prohibited
under national law or contractual terms), management
plans, and regulations for marine fishery stocks;
(4) develop and include in counter-IUU strategies efforts
to address associated maritime violations relating to
violations of internationally recognized worker rights and
forced labor; and
(5) work to coordinate efforts to address forced labor and
violations of internationally recognized worker rights with
foreign countries and partners, where appropriate.
SEC. 4. STATEMENT OF POLICY.
It is the policy of the United States to--
(1) provide technical and other forms of counter-IUU
fishing capacity-building assistance to countries in Africa
that have prioritized such efforts and that request such
assistance;
(2) engage with countries in Africa that face IUU fishing
challenges to deepen cooperation related to combating IUU
fishing; and
(3) ensure that sufficient full-time United States
Government personnel, including personnel from the Coast Guard
and other Federal agency staff, mandated with pursuing counter-
IUU fishing are deployed to United States Embassies in African
countries that face significant IUU challenges.
SEC. 5. ANNEX TO THE 2022 NATIONAL 5-YEAR STRATEGY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Interagency Working Group on IUU Fishing, as
established by section 3551 of the Maritime Security and Fisheries
Enforcement Act (16 U.S.C. 8031), shall submit to the appropriate
congressional committees an annex to the 2022 National 5-Year Strategy
for Combating Illegal, Unreported, and Unregulated Fishing relating to
IUU fishing off the coasts of Africa. Such annex shall--
(1) focus on efforts to counter IUU industrial fishing off
of Africa's coasts;
(2) identify opportunities to expand cooperation with
African countries--
(A) to strengthen national and sub-regional
maritime security partnerships with the United States;
and
(B) to achieve increased success in countering IUU
industrial fishing; and
(3) identify specific actions to--
(A) enhance African partner country--
(i) maritime domain awareness capabilities
relating to IUU fishing;
(ii) capability to manage fishing
activities within their exclusive economic
zones and to take enforcement action to address
violations of such management measures,
including through international coordination;
and
(iii) legal and other institutional
capacity-building necessary to develop,
enhance, and enforce effective domestic laws
and regulations, including those necessary to
implement international legal commitments, to
combat IUU fishing;
(B) assist with the regulation of domestic and
foreign commercial fishing vessels and fleets operating
in a given country's territorial waters in a manner
that facilitates the identification, mitigation, and
prevention of unsafe working conditions, violations of
internationally recognized worker rights, and labor
abuses on such vessels and fleets; and
(C) increase support for existing regional
monitoring, control, and surveillance centers and
support the establishment of new such centers
throughout Africa.
(b) Priority Coastal States.--
(1) In general.--In implementing the annex required by
subsection (a), the Secretary of State, in consultation with
the Administrator of the United States Agency for International
Development, the Secretary of Defense, the Administrator of the
National Oceanic and Atmospheric Administration, the Commandant
of the Coast Guard and the heads of other relevant Federal
agencies, shall identify additional African countries to be
``Priority Coastal States'' to serve as the focus of counter-
IUU fishing efforts in Africa. Such Priority Coastal States
shall be chosen--
(A) on the basis of--
(i) significant negative impact that IUU
fishing is having on the host country's
economy, food security and stability;
(ii) capacity, and willingness, of the host
country to work with the United States
Government in countering IUU fishing; and
(iii) the national security interests of
the United States; and
(B) in a manner that ensures that--
(i) not fewer than 4 countries are
selected, including not fewer than one East
African country; and
(ii) all of the countries are from either a
Tier One or Tier Two Priority Region, as
defined in the 2022 National 5-Year Strategy
for Combating Illegal, Unreported, and
Unregulated Fishing.
(2) Congressional consultation.--Prior to finalization of
the selection of Priority Countries, representatives from the
Department of State, the United States Agency for International
Development, the Department of Defense, the National Oceanic
and Atmospheric Administration, and the Coast Guard shall
consult the appropriate congressional committees on the
countries being considered for prioritization and shall
consider congressional input on such prioritization.
(3) Justification.--Not later than 60 days after the
selection of the Priority Countries under this subsection the
Secretary of State, in coordination with the Administrator of
the United States Agency for International Development, the
Secretary of Defense, the Administrator of the National Oceanic
and Atmospheric Administration, and the Commandant of the Coast
Guard, and in consultation with the heads of other relevant
Federal departments and agencies, shall submit to Congress an
unclassified written justification, which may include a
classified annex, for the Priority Countries chosen.
(c) Implementation Plan.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of State, in coordination with
the Administrator of the United States Agency for International
Development, the Secretary of Defense, the Administrator of the
National Oceanic and Atmospheric Administration, the Commandant of the
Coast Guard, and the heads of other relevant Federal agencies, shall
submit a plan to counter IUU fishing in the Priority Countries chosen
under subsection (c) including by implementing the specific actions
identified in subsection (a).
(d) Reports.--Not later than 1 year after the date of enactment of
this Act, and biennially thereafter for a total of 8 years, the
Secretary of State, the Department of Justice, the Administrator of the
National Oceanic and Atmospheric Administration, the Secretary of
Defense, and the Secretary of Homeland Security shall jointly submit to
the appropriate congressional committees a report, which may include a
classified annex, that includes the following:
(1) A review of the ongoing efforts of the United States to
develop the institutional capacity of partner nations in Africa
to interdict or identify actors involved in prohibited IUU
fishing practices or acts (whether prohibited by law or
regulation) and, as applicable, to prosecute violations of such
actors under existing domestic laws and, where appropriate, to
support the efforts of such countries to strengthen their laws
aimed at combatting IUU fishing.
(2) A review of efforts to strengthen, reform, or otherwise
enhance the laws, policies, and regulatory systems and
capacities of partner nations in Africa as these tools relate
to countering IUU fishing, increasing transparency around
operations, including corruption in the allocation of fishing
quotas or other rights.
(3) An assessment of the number of Department of
Transportation SeaVision accounts that have been allocated to
African countries and the associated training provided on how
to use SeaVision data.
(4) A review of the progress made in identifying the
opportunities to expand the mechanisms to combat IUU fishing
laid out in section 3544 of the Maritime Security and Fisheries
Enforcement Act (16 U.S.C. 8014).
(5) An assessment of actions that could be taken by the
United States to highlight, publicly and to African partners,
the IUU fishing behavior off of Africa's coasts of vessels
flagged to the People's Republic of China or with Chinese
beneficial owners and the negative impact caused by IUU fishing
to partner countries in Africa.
(6) A recording and assessment of the total number of
vessels engaged in suspected IUU fishing detected in Africa by
the United States and the country of origin for each such
vessel during the 2-year period ending on the date of the
submission of the report.
(7) A review of ongoing efforts by the United States to
promote maritime security, marine environmental protection, and
fisheries sustainability in Africa including the number, and
per-country breakdown, of United States Government personnel
situated in diplomatic or consular posts in Africa who work on
the counter-IUU fishing portfolio, either full or part time.
(8) A recording and assessment of the number of
interdictions and boarding and inspections in or off African
waters of fishing vessels suspected of IUU fishing activities
by the Coast Guard, United States Navy, or other relevant
Federal departments and agencies, that occurred during the 2-
year period ending on the date of the submission of the report.
(9) Specific opportunities to--
(A) enhance coordination between the Department of
State, the United States Agency for International
Development, and the Coast Guard, specifically through
the Maritime Advisors program, as it relates to
counter-IUU fishing efforts in African countries;
(B) enhance cooperation between the Coast Guard,
the Navy, the Department of State, the United States
Agency for International Development, the National
Oceanic and Atmospheric Administration, and other
relevant Federal departments and agencies, and the
maritime forces of African countries that are allies
and partners of the United States, to coordinate and
improve counter-IUU fishing efforts;
(C) strengthen engagement and coordination by the
Coast Guard with other relevant Federal departments and
agencies that lead United States participation in
regional organizations, including regional fisheries
management organizations, dedicated to coordination and
cooperation in support of the fisheries policies that
align with customary international law related to
fisheries management, trade, and law enforcement,
international best fishing practices, and United States
standards, ocean conservation, maritime security, and
related initiatives of Africa;
(D) increase the presence of the Coast Guard
personnel and other relevant Federal departments and
agencies authorized to address IUU fishing at United
States diplomatic and consular posts across Africa to
support host country law enforcement and capacity-
building initiatives;
(E) increase the frequency, and duration of stay,
of Coast Guard Mobile Training Teams visits to Africa;
and
(F) include Coast Guard-led counter-IUU fishing
exercises in the annual Department of Defense at-sea
exercises conducted with partner countries in Africa
including, if appropriate, participation by other
relevant United States departments and agencies.
SEC. 6. FEASIBILITY STUDY ON INCREASING THE PRESENCE OF THE COAST GUARD
IN AFRICA.
(a) In General.--The Commandant of the Coast Guard and the
Secretary of State, in consultation with the Secretary of Defense and
in coordination with the heads of other relevant Federal departments
and agencies, shall conduct a feasibility study to assess the potential
for, and challenges to, increasing the number of personnel of the Coast
Guard and other Federal departments or agencies with counter-IUU
fishing technical capacities and mandates at United States diplomatic
and consular posts in Africa.
(b) Recommended Assumptions.--For the purposes of the feasibility
study required by subsection (a) Congress recommends that the following
assumptions be made:
(1) The Coast Guard personnel deployed must be in the role
of a Coast Guard Attache, Coast Guard Liaison Officer, Coast
Guard Maritime Advisor, or Coast Guard Security Cooperation
Officer.
(2) The deployed Coast Guard personnel shall remain in the
Coast Guard Priority Country for a tour of duty no shorter than
2 years.
(c) Identification of Priority Countries.--Not later than 180 days
after the date of enactment of this Act, the Commandant of the Coast
Guard and the Secretary of State, in coordination with the Secretary of
Defense, shall identify certain African countries, to be known under
this Act as ``Coast Guard Priority Countries'' that would benefit the
most from an increased Coast Guard presence. Such countries shall be
selected pursuant to the following:
(1) Coast Guard Priority Countries shall be selected on the
basis of the criteria laid out in section 5(c)(1) for
identifying ``Priority Countries'' and shall also take into
account the likelihood that the deployment of Coast Guard
personnel to the United States Embassy in the country would
measurably increase the effectiveness of counter-IUU fishing
efforts.
(2) Prior to finalization of the selection of the Coast
Guard Priority Countries, representatives from the Department
of State, the Department of Defense, the Coast Guard and other
relevant Federal departments and agencies, shall consult the
appropriate congressional committees on the countries being
considered and shall consider congressional input on such
prioritization.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, the Commandant of the Coast Guard, in coordination with the
Secretary of State and the Secretary of Defense, shall submit to the
appropriate congressional committees a written justification for the
priority countries selected that includes--
(1) the results of the feasibility study undertaken
pursuant to subsection (a);
(2) justification as to why the Coast Guard Priority
Countries were chosen;
(3) how the Coast Guard personnel deployed on an ongoing
basis to embassies in Coast Guard Priority Countries will
benefit counter-IUU fishing efforts in these countries;
(4) the expected timeline it would take for the Coast Guard
personnel to arrive in each of the Coast Guard Priority
Countries selected;
(5) the current capacity of the host nation government, to
include the number of maritime assets in the host country navy
or coast guard, and the willingness and ability of the host
country government to implement reforms to facilitate
successful counter-IUU fishing; and
(6) an assessment of challenges or impediments to Coast
Guard deployment to Coast Guard Priority Country.
SEC. 7. INCREASED TRAINING IN ILLEGAL, UNREPORTED, AND UNREGULATED
FISHING DIPLOMACY.
Section 708 of the Foreign Service Act of 1980 (22 U.S.C. 4028) is
amended--
(1) in subsection (a)(1)(C), by striking ``; and'' and
inserting a semicolon;
(2) in subsection (a)(1)(D) by striking ``.'' and inserting
``; and'';
(3) by adding at the end of subsection (a)(1) the following
new subparagraph:
``(E) for Foreign Service Officers who will be
assigned to a country experiencing or at risk for human
trafficking, maritime violations of internationally
recognized worker rights, and maritime forced labor
within their seafood sector, including on distant water
fishing fleets, as determined by the Secretary of
State, in consultation with the heads of other relevant
Federal agencies, instruction on monitoring and
countering illegal, unregulated and unreported fishing
through the training described in subsection (f).'';
and
(4) by adding at the end the following new subsection:
``(f) Counter-IUU Fishing.--The Secretary of State, in consultation
with the Secretary of Defense, the Commandant of the Coast Guard, the
Administrator of the National Oceanic and Atmospheric Administration,
the heads of other relevant Federal agencies, and appropriate
representatives of the private sector, shall establish as part of the
standard training for Foreign Service Officers, chiefs of mission, and
deputy chiefs of mission serving or preparing to serve in countries
that were identified as being in a Tier One, Tier Two, or Tier Three
Priority Region, as defined in the most recent National 5-Year Strategy
for Combating Illegal, Unreported, and Unregulated Fishing, training on
matters related to countering illegal, unregulated and unreported (IUU)
fishing, maritime violations of internationally recognized worker
rights, and maritime forced labor in the respective host country,
including--
``(1) ongoing efforts to counter-IUU fishing;
``(2) country maritime domain awareness capabilities
including technical assistance;
``(3) maritime law enforcement activities, including
international coordination;
``(4) legal capacity to strengthen and enforce domestic
fisheries management and conservation laws and regulations,
including those necessary to implement international legal
commitments, aimed at countering IUU fishing, maritime
violations of internationally recognized worker rights, forced
labor;
``(5) legal capacity to identify, apprehend, investigate
and prosecute transgressors; and
``(6) challenges to implementing effective counter-IUU
fishing efforts.''.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
Amounts made available to carry out this Act and the amendments
made by this Act shall be derived from amounts otherwise authorized to
be appropriated to each applicable Federal department or agency, and in
particular, with respect to activities of the Department of State, from
the Counter PRC Influence Fund of such Department.
SEC. 9. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs of the House
of Representatives; and
(B) the Committee on Foreign Relations of the
Senate.
(2) Forced labor.--The term ``forced labor'' has the
meaning given that term in section 307 of the Tariff Act of
1930 (19 U.S.C. 1307).
(3) IUU fishing.--The term ``IUU fishing'' means activities
described as illegal fishing, unreported fishing, or
unregulated fishing (as such terms are defined in paragraph (3)
of the International Plan of Action to Prevent, Deter, and
Eliminate Illegal, Unreported and Unregulated Fishing, adopted
at the 24th Session of the Committee on Fisheries in Rome on
March 2, 2001).
(4) Internationally recognized worker rights.--The term
``internationally recognized worker rights'' has the meaning
give that term in section 601 of the Trade Act of 1974 (19
U.S.C. 2467).
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