Sec. 3. Findings
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Congress makes the following findings: The National Security Strategy calls for a whole-of-government approach, including diplomacy, development, defense, and intelligence capabilities, to counter overseas threats to the United States homeland and United States interests. The Office of the Director of National Intelligence identified IUU fishing as a threat to the national security of the United States and a challenge to peace and stability in regions of importance to the United States in its report titled, Global Implications of Illegal, Unreported, and Unregulated
(IUU)Fishing . Executive Order 13773 (82 Fed. Reg. 10691), issued on February 9, 2017, calls for a comprehensive approach by the Federal Government to combat crime syndicates, including transnational organized illegal activities that may be associated with IUU fishing. It is estimated that IUU fishing is valued at tens of billions of dollars annually in unlawful or undocumented revenue and may sometimes be linked to transnational organized illegal activities, including weapons, drug, and human trafficking. Networks supporting illegal fishing may also be involved in other transnational organized illegal activities, involving issues such as human rights abuses, forced labor, tax evasion, and weapons and drug trafficking. Competition over seafood resources can be a driver of heightened tensions, conflict, and geostrategic instability in regions of importance to the United States. Participants in the fishing industry that are engaged in IUU fishing have been implicated in the smuggling and sale of weapons in regions that are critical to the security interests of the United States, including in the Gulf of Aden and the Mediterranean Sea. Some legitimately flagged fishing vessels and stateless fishing vessels that engage in IUU fishing have also been implicated in claims of poor working conditions, labor abuses, and human rights abuses. IUU fishing accounts for a significant percentage of the global reported catch, which— undermines the business of legitimate workers in the seafood industry; and can create inaccurate population estimates for fish and other seafood species. Perpetrators of IUU fishing typically have lower operating costs than those fishing legally, since persons involved in IUU fishing can— evade the costs of licenses and regulations; violate safety and labor standards; avoid monitoring, control, and surveillance requirements; and minimize or evade the costs of flagging and registering their fishing vessels. The profits from IUU fishing can sometimes sustain illicit networks, ranging from smuggling rings to multinational syndicates, whose operations undermine the rule of law. Fish provides more than 3,200,000,000 people with almost 20 percent of their average per capita intake of animal protein. In some of the regions hardest hit by IUU fishing, such as West Africa, fish accounts for up to 30 percent of average per capita animal protein intake, and in some coastal regions and island countries, fish accounts for 70 percent of the protein intake of the region’s or island’s population. Marine fisheries employ millions of people worldwide, the livelihoods of which can be negatively impacted by IUU fishing and associated transnational organized illegal activities. If fisheries collapse— populations that rely on fishing may become economically destabilized, which could lead to a rise in criminal activities that risk United States national security; and fishermen in such situations may also be more susceptible to exploitation by criminal organizations. IUU fishing vessels play a significant role in other forms of trafficking, particularly drug trafficking. The United Nations Office on Drugs and Crime and the Department of Justice have documented numerous cases of illicit fishing ships involved in trafficking cocaine, heroin, and cannabis from South America to the United States. A significant number of fishing ships that operate without AIS are engaged in IUU fishing or other illicit activities. Since more than 90 percent of world trade is carried by sea, increased maritime domain awareness related to illegal fishing and the illegal transshipment of seafood helps safeguard open and safe shipping lanes. Transshipment vessels are known to offload catch from fishing vessels far from port, which can— obscure the actual source of the catch; and provide a pathway for illegally caught fish to enter into the seafood supply chain. By introducing cheaper, illegal products into the global market, IUU fishing undercuts the business and economic livelihoods of legitimate fishermen in the United States and around the world. In the United States and around the world, seafood fraud undermines the economic viability of fisheries and deceives consumers about their purchasing choices. According to the National Oceanic and Atmospheric Administration, the fishery imports of the United States represent a sizable portion of world imports of fish and fishery products. The United States can play a pivotal role in bringing greater security and transparency to the global fisheries industry by enhancing monitoring, enforcement, and prosecution through sustained diplomatic engagement. As of July 2018, the Port State Measures Agreement had been ratified by 55 parties, including the United States, with more countries signing on regularly. The United States Government, our international partners, nongovernmental organizations, and the private sector have created a Global Maritime Community of Interest, which continues to develop a range of technologies and approaches to support surveillance, enforcement, and prosecution of persons engaging in IUU fishing.
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- 82 FR 10691
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