116 HR 9440 IH: Securing Enforcement in African Seas Act of 2024
U.S. House of Representatives
2024-08-30
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I
118th CONGRESS
2d Session
H. R. 9440
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.
1.

Short title
This Act may be cited as the “Securing Enforcement in African Seas Act of 2024” or the “SEAS Act of 2024”.
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 attachés or liaisons deployed in Africa.
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.
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.
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.
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 Attaché, 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.
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.”.
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.
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).