Sec. 5. Annex to the 2022 national 5-Year strategy
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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— focus on efforts to counter IUU industrial fishing off of Africa’s coasts; identify opportunities to expand cooperation with African countries— to strengthen national and sub-regional maritime security partnerships with the United States; and to achieve increased success in countering IUU industrial fishing; and identify specific actions to— enhance African partner country— maritime domain awareness capabilities relating to IUU fishing; 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 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; 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 increase support for existing regional monitoring, control, and surveillance centers and support the establishment of new such centers throughout Africa.
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— on the basis of— significant negative impact that IUU fishing is having on the host country’s economy, food security and stability; capacity, and willingness, of the host country to work with the United States Government in countering IUU fishing; and the national security interests of the United States; and in a manner that ensures that— not fewer than 4 countries are selected, including not fewer than one East African country; and 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.
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. 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.
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). 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: 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. 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. 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. 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 ). 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. 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. 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. 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. Specific opportunities to— 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; 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; 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; 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; increase the frequency, and duration of stay, of Coast Guard Mobile Training Teams visits to Africa; and 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.
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