[Senate Hearing 115-876]
[From the U.S. Government Publishing Office]
S. Hrg. 115-876
FISH FIGHTS: AN EXAMINATION OF CONFLICTS OVER OCEAN RESOURCES
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HEARING
BEFORE THE
SUBCOMMITTEE ON OCEANS, ATMOSPHERE, FISHERIES, AND COAST GUARD
OF THE
COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE
ONE HUNDRED FIFTEENTH CONGRESS
SECOND SESSION
__________
SEPTEMBER 18, 2018
__________
Printed for the use of the Committee on Commerce, Science, and
Transportation
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Available online: http://www.govinfo.gov
__________
U.S. GOVERNMENT PUBLISHING OFFICE
57-577 PDF WASHINGTON : 2024
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ONE HUNDRED FIFTEENTH CONGRESS
SECOND SESSION
JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi BILL NELSON, Florida, Ranking
ROY BLUNT, Missouri MARIA CANTWELL, Washington
TED CRUZ, Texas AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska RICHARD BLUMENTHAL, Connecticut
JERRY MORAN, Kansas BRIAN SCHATZ, Hawaii
DAN SULLIVAN, Alaska EDWARD MARKEY, Massachusetts
DEAN HELLER, Nevada TOM UDALL, New Mexico
JAMES INHOFE, Oklahoma GARY PETERS, Michigan
MIKE LEE, Utah TAMMY BALDWIN, Wisconsin
RON JOHNSON, Wisconsin TAMMY DUCKWORTH, Illinois
SHELLEY MOORE CAPITO, West Virginia MAGGIE HASSAN, New Hampshire
CORY GARDNER, Colorado CATHERINE CORTEZ MASTO, Nevada
TODD YOUNG, Indiana JON TESTER, Montana
Nick Rossi, Staff Director
Adrian Arnakis, Deputy Staff Director
Jason Van Beek, General Counsel
Kim Lipsky, Democratic Staff Director
Chris Day, Democratic Deputy Staff Director
Renae Black, Senior Counsel
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SUBCOMMITTEE ON OCEANS, ATMOSPHERE, FISHERIES,
AND COAST GUARD
DAN SULLIVAN, Alaska, Chairman TAMMY BALDWIN, Wisconsin, Ranking
ROGER F. WICKER, Mississippi MARIA CANTWELL, Washington
DEB FISCHER, Nebraska RICHARD BLUMENTHAL, Connecticut
JAMES INHOFE, Oklahoma BRIAN SCHATZ, Hawaii
MIKE LEE, Utah EDWARD MARKEY, Massachusetts
RON JOHNSON, Wisconsin GARY PETERS, Michigan
CORY GARDNER, Colorado
TODD YOUNG, Indiana
C O N T E N T S
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Page
Hearing held on September 18, 2018............................... 1
Statement of Senator Sullivan.................................... 1
Statement of Senator Baldwin..................................... 3
Statement of Senator Nelson...................................... 23
Statement of Senator Wicker...................................... 27
Statement of Senator Inhofe...................................... 30
Statement of Senator Cantwell.................................... 31
Statement of Senator Blumenthal.................................. 33
Witnesses
Vice Admiral Daniel B. Abel, Deputy Commandant for Operations,
U.S. Coast Guard............................................... 4
Prepared statement........................................... 6
David Balton, Senior Fellow, Polar Initiative, Woodrow Wilson
International Center for Scholars.............................. 7
Prepared statement........................................... 9
Dr. Bama Athreya, Senior Democracy Specialist, Bureau for
Democracy, Conflict, and Humanitarian Assistance, USAID........ 13
Prepared statement........................................... 15
Dr. Paul Doremus, Deputy Assistant Administrator for Operations,
National Marine Fisheries Service, National Oceanic and
Atmospheric Administration, U.S. Department of Commerce........ 17
Prepared statement........................................... 19
Appendix
Response to written questions submitted by Hon. Edward Markey to:
Hon. David Balton............................................ 41
Dr. Bama Athreya............................................. 42
Response to written questions submitted to Dr. Paul Doremus by:
Hon. Roger F. Wicker......................................... 43
Hon. Jim Inhofe.............................................. 43
Hon. Edward Markey........................................... 44
FISH FIGHTS: AN EXAMINATION OF CONFLICTS OVER OCEAN RESOURCES
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TUESDAY, SEPTEMBER 18, 2018
U.S. Senate,
Subcommittee on Oceans, Atmosphere, Fisheries, and
the Coast Guard,
Committee on Commerce, Science, and Transportation,
Washington, DC.
The Subcommittee met, pursuant to notice, at 10:33 a.m. in
room SR-253, Russell Senate Office Building, Hon. Dan Sullivan,
Chairman of the Subcommittee, presiding.
Present: Senators Sullivan [presiding], Baldwin, Nelson,
Wicker, Inhofe, Cantwell, and Blumenthal.
OPENING STATEMENT OF HON. DAN SULLIVAN,
U.S. SENATOR FROM ALASKA
Senator Sullivan. The Subcommittee on Oceans, Atmosphere,
Fisheries, and the Coast Guard will now come to order.
Today's hearing will focus on international conflict and
criminal activity associated with global fisheries. A
particular interest is the fight for fisheries resources, geo-
political flash points where conflict is likely to arise, and
the role of both state and non-state actors involved in
conflict and even criminal activity.
Additionally, we will discuss measures being taken to
address the growing challenges in criminal activities
surrounding these resource conflicts and what more can be done.
As fish stocks move with changing environmental conditions
and expanding global populations, demand consistent and
affordable access to protein pressure has increased on global
fishery resources.
For no other country is this truer than China. China's use
of both soft power and hard power to expand its boundaries,
secure sufficient fish stocks to feed its people, and fuel
national economic growth is a clear step toward what some are
referring to as hybrid warfare.
Each year, the Chinese Government funnels billions of
dollars in subsidies to its distant water fishing industry.
This government aid program has enabled their fishing sector to
grow exponentially and unsustainably. It is now the largest in
the world with the reach to pilfer other countries' resources
across the globe.
As often seen throughout history, when military might is
used to protect a nation's growing commerce, Beijing is
deploying its military to protect its fishing fleet with
Chinese fishing boats often benefiting from the protection of
the Chinese Coast Guard and Navy presence in the South China
Sea and abroad.
Countries on the receiving end of Chinese actions are
responding in kind. Indonesia has destroyed hundreds of fishing
vessels in their waters illegally while Ecuador was forced to
summon the Chinese Ambassador to condemn China's fishing in the
Ecuadoran Exclusive Economic Zone following the seizure of 300
tons of illegally sourced fish.
International cooperation in this area, however, is
possible, including with the Chinese Government. This past
June, the U.S. Coast Guard, in close coordination with the
State Department and the Chinese Government, intercepted a
Chinese-flagged fishing vessel operating not far from my home
state of Alaska.
Our Coast Guard conducted a joint boarding of this Chinese-
flagged vessel along with a Chinese ship-rider and found almost
10 kilometers of international illegal drift net and 80 tons of
illegally seized salmon which were likely headed back home to
Alaska.
With Chinese governmental cooperation, the fishing vessel's
voyage was terminated and the vessel and crew were returned to
China for future enforcement action which we will be monitoring
closely.
Conflicts over maritime resources are not isolated to the
Pacific. As many of you saw in the news recently, French and
English scallop boats in the English Channel came to blows over
the right to dredge in the near-shore waters. Valuable fish
stocks and the right to exploit them will continue to cause
increasing tensions around the world.
Beyond direct conflict, global pressure on fish stocks have
led fishermen to seek cost reductions through any means
necessary, sometimes illegally, or to abandon fishing
altogether and pursue other activities, sometimes illicit
activities.
It has been reported that some illicit harvesters seize
their deckhands' passports and forbid them to leave the
vessels, effectively turning them into forced labor. Others
turn to drugs, weapons, and human smuggling. Many of the Somali
pirates, for example, began as fishermen but once their fishery
was depleted turned to crime.
There's evidence that transnational criminal organizations
are involved in all aspects of this kind of behavior,
orchestrating illegal fishing, smuggling, and other illegal
activity that might bring profit.
While American fish stocks associated domestic management
through the Magnuson-Stevens Act are viewed as the envy of the
world in many cases, our domestic fisheries could support
increased harvests. It's not enough for us to only be concerned
about what happens in the American EEZ.
Highly migratory species, coupled with changing conditions
in the oceans, mean that we have to embrace the global nature
of the challenge facing this critical resource.
One of the foundational tenets of our successful domestic
fisheries management is a reliance on sound, verifiable
science. While the news and statistics surrounding illegal,
unregulated, and unreported fishing is certainly dire, I want
to make sure that the science supporting those facts is
accurate, so appropriate action can be taken without penalizing
illegal seafood industry.
I look forward to hearing thoughts and solutions from our
distinguished panel members this morning.
With that, I want to thank all of our witnesses for being
here today and now recognize the Ranking Member for any opening
statements she may have.
STATEMENT OF HON. TAMMY BALDWIN,
U.S. SENATOR FROM WISCONSIN
Senator Baldwin. Thank you, Mr. Chairman.
This hearing is timely and it responds to pressing
challenges that have economic, ecological, and security
implications.
Our oceans and fisheries are under siege from over-fishing;
illegal, unreported, and unregulated fishing; as well as
climate change and ocean acidification. These pressures are
diminishing fish stocks around the world and changing where
fish populations are found.
Rising nationalism is another ingredient in this stew.
Tensions are building on the high seas and in territorial
waters. Experts are warning that we're entering an era of
natural resource conflict where wars will be fought over fish.
The United States is a major player in the world fishery
industry. We harvest five million metric tons of fish each
year, more than any other country in the world, besides China
and Indonesia. The U.S. fishing industry is valued at $250
billion annually and it supports 1.3 million jobs.
After key commercial species, like cod, flounder, and
haddock, in New England collapsed in the 1980s and 1990s from
over-fishing, we got to work; and through comprehensive Federal
fisheries legislation, we have become a global leader in
fisheries management.
The Magnuson-Stevens Fishery Conservation and Management
Act of 1976, as improved by major amendments in 1996 and 2006,
has helped 44 once-depleted fish species recover since 2000. It
also put over-fishing in U.S. waters at an all-time low.
As a significant fishing power, a key influencer in global
fishing industry, and a major market for imported seafood
products, we have a responsibility to help sustainably manage
global fisheries; not only to feed Americans and ensure our
fisheries are economically viable, but also to help maintain
global stability and peace with other coastal countries.
Climate change and ocean acidification are exacerbating
fishery conflicts. The oceans have already absorbed about 93
percent of the heat created from human-influenced climate
change. As a result, our oceans are warming and sea levels are
rising.
In addition to heat, the ocean is also a sponge for carbon
dioxide, and has absorbed about a quarter of manmade carbon
dioxide emissions from burning fossil fuels. Ocean
acidification is occurring as a result. Research shows that
warming temperatures are driving commercial fish species away
from the tropics and toward the poles. Sea level rise threatens
the boundaries of our exclusive economic zones and ocean
acidification impacts fish behavior and the basis of the food
web upon which fish populations depend.
The U.S. has the second largest exclusive economic zone in
the world, ranging from parts of the Caribbean Sea and the Gulf
of Mexico to areas in three oceans: the Atlantic, the Pacific,
and the Arctic.
Our EEZ is in a vulnerable condition as climate change,
ocean acidification, and illegal fishing threatens our
fisheries resources.
The U.S. and the world need to work toward a comprehensive
government approach to improving global fisheries management
based on sound science.
A recent study published in the premier journal Science
represents models demonstrating that improved fisheries
management can actually help offset the negative effects of
climate change on fisheries. We also need to help other
countries develop capabilities to effectively police EEZs.
I commend the Senate's bipartisan efforts to address IUU
fishing and I also want to thank the U.S. Coast Guard and Navy
for fearlessly defending our ports and high seas' interests.
Thank you, Mr. Chairman, for convening this prescient
hearing.
Senator Sullivan. Thank you, Senator Baldwin, and as you
mentioned, these are issues that I think most of us would agree
are very bipartisan from the Senate's and the Congress's
perspective and it's timely right now.
So I do want to welcome our distinguished panel of
witnesses. I'll go through the list here.
Vice Admiral Daniel Abel is the Deputy Commandant for
Operations, United States Coast Guard; Dr. Paul Doremus is the
Deputy Assistant Administrator for Operations at NMFS in the
National Ocean and Atmospheric Administration; Ambassador David
Balton is a Distinguished Retired Career Foreign Service
Officer who has worked his whole lifetime, professional
lifetime on these issues, a good friend of Alaska's, as well,
and he is now the Senior Fellow for the Polar Initiative at the
Wilson Center; and Dr. Bama Athreya, who is a Labor and
Employment Rights Specialist at the United States Agency for
International Development.
I want to thank all of you again for being here today. You
will have 5 minutes to deliver an oral statement and a longer
written statement will be included in the record for each of
you.
We'll begin with Vice Admiral Abel.
STATEMENT OF VICE ADMIRAL DANIEL B. ABEL, DEPUTY COMMANDANT FOR
OPERATIONS, U.S. COAST GUARD
Vice Admiral Abel. Good morning, Chairman Sullivan, Ranking
Member Baldwin, and distinguished Members of the Subcommittee.
I thank you for the opportunity to testify today on behalf
of U.S. Coast Guard enforcement efforts to deter IUU within
areas of U.S. jurisdiction, on the high seas, and in
cooperation with our partner nations.
I ask that my written record be entered.
Senator Sullivan. Without objection.
Vice Admiral Abel. Your Coast Guard continues to be ready,
relevant, and responsive to strongly support the
Administration, this Committee, and Congress, and you have our
thanks.
The Coast Guard embraces its role as the lead Federal
agency for at-sea enforcement, protecting living marine
resources within our exclusive economic zone, and on the high
seas.
Coast Guard's at-sea enforcement activities complement and
support broader U.S. efforts to combat IUU. U.S. fish stocks
are some of the most well managed fisheries in the world. Thus,
our resources present an attractive target to foreign fleets
engaged in IUU fishing.
The Coast Guard monitors and patrols our EEZ to ensure U.S.
fishers have access to their livelihood, can support their
families, as well as to deter foreign fishers from exploiting
U.S. sovereignty.
Additionally, Coast Guard patrols and monitors key areas of
the high seas to protect U.S. interests in valuable migratory
fish stocks, as these stocks, such as tuna and salmon, are
managed under regional fishery management organizations or
RFMOs in which the U.S. participates. The work of these RFMOs
helps to close the gaps in governance structures that could be
exploited by IUUs.
Given the vast expanse of our EEZ and the high seas, one of
our greatest challenges is to place the right asset at the
right location at the right time to deter illicit activity.
The Coast Guard leverages its broad legal authorities as
well as our linkages to the intelligence community to support
these critical patrol efforts. By incorporating intelligence,
surveillance, and reconnaissance and, most importantly, highly
trained Coast Guard women and men, our service optimizes
limited resources to confront the greatest threats.
Success against IUU relies on the Coast Guard's
collaboration with inter-governmental partners, particularly
Department of State, National Oceanographic and Atmospheric
Administration, and, additionally, external partners and other
nations and non-governmental organizations, all critical to
deterring IUU fishing.
I'd like to highlight a few recent successes and best
practices.
Mr. Chairman, as you mentioned, in June of this year, as
part of our annual Operation North Pacific Guard, which draws
support from an odd collection of shipmates that include the
United States, Canada, China, Japan, Republic of Korea, and
Russia, with this mix, the Coast Guard interdicted the foreign
fishing vessel Run Da that was decimating fish stocks with
highly illegal high seas drift nets, killing 80 tons of salmon.
The U.S. Coast Guard cooperated closely with Chinese
officials, including a ship-rider carried on the Coast Guard
cutter, to stop the vessel's illegal activity, turn the vessel
over, the crew and the catch, for Chinese prosecution, which
currently pends.
In the Western and Central Pacific Ocean, the Coast Guard
patrols the high seas, the EEZ, and partner nation EEZs under
unique bilateral agreements.
Conducting boarding at seas while vessels are actively
fishing is critical in ensuring all aspects of the harvest are
legal and conform to international laws.
For this purpose, the U.S. Navy, when able, provides ship
capability and capacity to the Coast Guard and partner nation
boarding teams under the Oceana Maritime Security Initiative,
or OMSI, in the Pacific. These efforts provide the enforcement
mechanism for 10 bilateral ship-rider agreements to support
these Pacific Island nations.
Off the West Coast of Africa, Coast Guard law enforcement
detachments deploy aboard U.S. ships to monitor partner nation
assets as part of the Africa Maritime Law Enforcement
Partnership or AMLEP run under the U.S. DOD, U.S. Africa
Command.
Finally, the Coast Guard's recapitalization efforts are
making a significant enhancement. Our new Fast Response cutters
have provided great assets against IUU fishing, especially on
the Mexico-U.S. border.
FRCs are much more capable than the aging 110s that they
replaced, and we're anticipating the soon-to-be built offshore
patrol cutters will provide even greater capability to reach
the far reaches of our EEZs.
The Coast Guard understands the gravity of this threat, and
I look forward to your questions.
Thank you.
[The prepared statement of Vice Admiral Abel follows:]
Prepared Statement of Vice Admiral Daniel B. Abel, Deputy Commandant
for Operations, U.S. Coast Guard
Good afternoon Chairman Sullivan, Ranking Member Baldwin, and
distinguished members of the Subcommittee. It is a pleasure to appear
before you today to discuss the Coast Guard's role, authorities,
capabilities, capacities, and recent experiences to deter, prevent, and
enforce rules against Illegal, Unregulated, and Unreported (IUU)
fishing within areas of U.S. jurisdiction, on the high seas, and in
cooperation with partner nations.
Safeguarding living marine resources is vital to U.S. economic
interests, and is an enduring Coast Guard mission. Beginning with 19th
Century protection of the Bering Sea fur seal herds, and continuing
through the post-World War II expansion of global fishing fleets, the
Coast Guard has embraced and met its role as the principal Federal at-
sea law enforcement agency for the protection of U.S. living marine
resources. Today, the Coast Guard maintains a law enforcement presence
within our Nation's Exclusive Economic Zone (EEZ); the largest in the
world. Protection of the fisheries inside our EEZ is essential to the
long-term health of vital fish stocks, being both an environmental and
an economic concern. This is not just about holding the U.S. fishing
industry accountable to U.S. laws; we provide a critical deterrent from
foreign poachers targeting U.S. fish stocks.
However, IUU fishing activity is not just a national issue. The
efficiency of contemporary fishing vessels has made strong management
and enforcement of fisheries even more important. Fishing activity that
does not respect rules adopted at either the national or international
level threatens the sustainability of worldwide fish stocks and marine
ecosystems, and adversely affects coastal communities by distorting the
market and jeopardizing the economic survival of those whose
livelihoods depend upon local fisheries. Actors engaged in IUU fishing
often exploit the gaps between governance structures and operate in
areas where there is little or no effective enforcement presence.
Coast Guard efforts to deter and combat IUU fishing bridge the
Service's maritime security and stewardship goals. We partner with the
Department of State (DoS), the National Oceanic and Atmospheric
Administration (NOAA), remote island nations in the Western Pacific
Ocean, North Pacific Partners, and nations along the Atlantic Coast of
Africa to combat IUU fishing across the world's oceans.
These goals are driven by national policy, laws (such as the
Magnuson-Stevens Fishery Conservation and Management Act), and
international ocean governance structures (such as U.S. membership
within international Regional Fishery Management Organizations
(RFMOs)). RFMOs have proven to be effective, critical tools in managing
fisheries resources beyond areas of national jurisdiction. For example,
the Western and Central Pacific Fisheries Commission (WCPFC), one of
the first RFMOs in the world to employ a fully-developed boarding and
inspection protocol for high seas enforcement based on the United
Nations (UN) Fish Stocks Agreement, has produced a level of governance
and cooperation for long-term resource management that was previously
not feasible. The Coast Guard is proud to have been involved in the
development and negotiation of the protocol, and as a leader in its
continuing implementation. Enforcement at the outer reaches of the U.S.
EEZ, and within high seas areas managed by RFMOs, is a mission largely
conducted by Coast Guard offshore assets. The Coast Guard's aviation
and offshore recapitalization program ensures that the service will
continue to have the capability and capacity necessary to conduct these
critical missions which require significant demands of time and
distance, and are often impacted by challenging weather conditions.
Since 2008 in the area managed under WCPFC, the Coast Guard has
conducted more than 230 high seas boardings and inspections, issuing
violations to 66 vessels. To date, in Fiscal Year 2018 alone, the Coast
Guard conducted more than 39 boardings, documenting violations on 25
vessels.
Likewise, Coast Guard cutter patrols in support of the UN General
Assembly resolution 46/215, which bans the use of large-scale high seas
drift nets, also provides IUU fishing deterrence. This summer a Coast
Guard cutter, while deployed in support of the annual Operation North
Pacific Guard, and operating with support from assets and personnel
from multiple partner nations, including China, Japan, Canada, Republic
of Korea, and Russia, intercepted the Chinese fishing vessel RUN DA,
which was carrying more than 80 tons of illegal catch resulting from
high seas drift net fishing. Notably, the Coast Guard cooperated
closely with Chinese officials to turn over the vessel, crew, and catch
for case adjudication. The Coast Guard looks forward to continuing to
lead the global fight against IUU fishing through its participation in
a multitude of RFMOs.
Estimates of IUU activity vary, but at least one study found, based
on regional surveys, global IUU catch may be valued in the tens of
billions of dollars each year. These figures demonstrate the lucrative
nature of this activity, and the attraction for transnational criminal
organizations, menacing non-state actors, and foreign players to be
linked to IUU activity and gray zone operations that may increase
regional instability and maritime disorder. The Coast Guard is uniquely
positioned to combat these destabilizing forces and uphold the rule of
law through our role as a member of the intelligence community, our
specialized capabilities, robust bilateral maritime agreements, and our
law enforcement authorities. The myriad tools available through our
intragovernmental partners position the United States as a global
leader who can strengthen the international fisheries enforcement
regime, and stop maritime threats to our national interest.
The more we strengthen the sovereignty of other nations, the
greater their ability to resist foreign activity that negatively
targets their economic resources.
In conclusion, the Coast Guard is an active and effective leader in
the global effort to combat IUU fishing, and will continue to work
closely with the DoS, NOAA, Non-Governmental Organizations (NGOs),
industry, and international partners, to achieve national and
international objectives for managing sustainable fisheries worldwide,
and for reducing the IUU fishing threat.
The world's oceans contain shared resources, and therefore require
an internationally cooperative approach toward their conservation and
management. In the face of increasing challenges to global food
security and the growing demand for marine resources, the U.S. Coast
Guard stands ready to confront IUU fishing to ensure the long-term
strategic and economic viability of fish stocks that are fished by U.S.
fishers. In doing so, we can increase Maritime Domain Awareness on the
high seas, and more effectively respond to a range of transnational
threats; upholding global order in the maritime domain and asserting
American influence through presence.
Thank you for the opportunity to testify before you today. I would
be happy to answer any questions you may have.
Senator Sullivan. Thank you, Admiral, and I can assure you
this Committee is fully supportive of the Coast Guard's
recapitalization efforts. We're trying hard to get the Coast
Guard bill passed here soon. So I appreciate that testimony.
Ambassador Balton.
STATEMENT OF DAVID BALTON, SENIOR FELLOW, POLAR
INITIATIVE, WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS
Ambassador Balton. Mr. Chairman, Members of the
Subcommittee, thank you for this opportunity to testify today.
I also ask my written statement appear in the record.
Senator Sullivan. Without objection.
Ambassador Balton. While the focus of this hearing is on
ocean fisheries, let's take a quick look at the bigger picture.
The world's ocean is not in good shape. It faces three serious
and inter-related challenges: unsustainable fisheries, marine
pollution, and the series of effects caused by climate change-
related challenges, such as ocean acidification.
But this hearing and other events around the world are
raising awareness of these problems and this attention has led
to some serious commitments and some concrete actions that are
aimed at remedying the ocean's ills but we need to do much
more.
With respect to ocean fisheries, we must take three steps
to achieve long-term sustainability. We must end over-fishing,
we must continue to combat IUU fishing, and we must do more to
prevent damage caused to marine eco-systems by certain types of
fishing practices.
Over-fishing remains a real concern. The percentage of the
fish stocks harvested at unsustainable rates has increased
steadily in decades, recent decades, and today represents
roughly a third of such stocks. If this trend continues,
serious consequences for food security and the marine
environment will follow.
There's better news concerning efforts to stop destructive
fishing practices. The U.S. and other nations have in fact
restricted the use of several types of fishing gear and certain
fishing practices, thereby reducing excessive bycatch and
limiting damage to sensitive marine ecosystems but again we
need to do more.
With respect to IUU fishing, which is more closely aligned
with the main focus of this hearing, we have had some
accomplishments to date. We are not starting from scratch. I
just want to lay out a few of the things that have happened in
recent years.
The Port State Measures Agreement has entered into force,
now has 55 parties, including the United States. Many regional
fishery management organizations have taken aggressive action
against IUU fishing, including putting IUU vessels on
blacklists and denying them fishing opportunities.
Some new RFMOs have come into existence, including in the
North and South Pacific, bringing effective management to
certain previously unregulated fisheries.
The U.S. and the Russian Federation, at a time of real
friction in that relation, managed to negotiate and sign a
bilateral agreement to combat IU fishing just a few years ago.
In just a few weeks, the United States, eight other
nations, and the European Union will sign a new agreement to
prevent unregulated fisheries in the high seas portion of the
Central Arctic Ocean, and both the United States and the EU
have taken steps to prevent the sale and importation of
illegally caught fish in their respective markets. I wish I
could say all these things have solved the problem. They do
represent important steps, but we need to do some more things
and here are five things I recommend.
First, we must promote widespread adherence to and
implementation of the Port State Measures Agreement. This is a
terrific tool. We need to use it fully and in particular we
need to provide developing countries with the resources they
need to implement it properly.
Two, we should expand fish traceability programs. In an
ideal world, the consumer buying a fish in a restaurant or in a
market would know where that fish was caught, who caught it,
whether it was caught legally, whether it's the fish it says it
claims to be. We are not at that stage yet but we're heading
down that road and I would encourage us to do more.
We must get other states to end subsidies that contribute
to over-fishing and IUU fishing. You know, we have gotten
commitments to do that many times on paper. Now we must insist
that these commitments be fulfilled. Most recently, there was a
firm commitment to end such subsidies by 2020. Let us secure
that.
Fourth, we should keep building a data base, known as the
Global Record of Fishing Vessels, Refrigerated Transport
Vessels, and Supply Vessels. This is a data base created by the
U.N. Food and Agriculture Organization. It is already a good
tool. It has uses in combating IUU fishing. We need to work
with others to make it truly comprehensive.
And, finally, we must accede to the U.N. Convention on the
Law of the Sea. There are a lot of reasons to do this, but one
reason is that it will lend greater credence to our efforts to
urge others in the fight against IUU fishing.
I wish to commend the sponsors of the bill that would
create the Maritime Security and Fisheries Enforcement Act. If
I can be of assistance to the Subcommittee as the bill receives
further attention, I'd be pleased to do so.
Thank you for this opportunity to testify.
[The prepared statement of Ambassador Balton follows:]
Prepared Statement of David Balton, Senior Fellow, Polar Initiative,
Woodrow Wilson International Center for Scholars
Mr. Chairman and Members of the Subcommittee, I would like to thank
you for this opportunity to testify in today's hearing focusing on
ocean fisheries. My name is David Balton and I am currently a Senior
Fellow at the Woodrow Wilson International Center for Scholars, working
primarily on issues relating to the two Polar Regions, the Arctic and
Antarctica.
As you know, Congress created the Wilson Center fifty years ago as
the official memorial to President Wilson. We serve as the Nation's key
non-partisan policy forum, fostering independent research and open
dialogue to help guide the policy community.
Before I joined the Wilson Center this year, I worked for 32 years
at the U.S. Department of State, the last fifteen years serving as
Deputy Assistant Secretary for Oceans and Fisheries. In that capacity,
I participated in numerous efforts to advance our Nation's interests
relating to the oceans, including the effort to secure sustainable
ocean fisheries. My testimony today draws largely on my experiences in
that regard.
State of the World's Fisheries
While the focus of this hearing is on ocean fisheries, and the
problem of illegal, unreported and unregulated (IUU) fishing in
particular, I believe that it would be useful to take a quick look at
the broader picture. The world's ocean as a whole is not in good shape.
As highlighted by the series of Our Ocean Conferences launched by the
United States several years ago, we face three serious and interrelated
challenges in respect of the ocean:
unsustainable fisheries;
marine pollution; and
a range of adverse effects caused by climate change and
related phenomena, such as ocean acidification.
The good news is that, through hearings such as this one and
countless other events in the United States and around the world, the
ocean and its problems are receiving significant attention. This
attention has produced some high-profile commitments, and some concrete
actions, aimed at remedying the ocean's ills--by nations, international
organizations, the private sector, philanthropies, scientific bodies
and civil society. Much more needs to be done, however.
With respect to ocean fisheries, we must successfully address three
main issues if we are to achieve long-term sustainability: (1) we must
end overfishing, which is driven in large part by excess fishing
capacity; (2) we much continue to combat IUU fishing; and (3) we must
prevent damage caused to marine ecosystems by certain types of fishing
practices. Since the focus of this hearing is on IUU fishing, most of
what follows addresses item (2). But first, a few words about items (1)
and (3).
Overfishing
The Food and Agriculture Organization of the United Nations (FAO)
produces a biennial publication known as the State of World Fisheries
and Aquaculture (``SOFIA''), which most experts generally regard as the
best source of overall statistics in this field. The 2018 SOFIA reveals
that, while the total amount of fish captured in the ocean has remained
relatively stable over the past few decades, there are some alarming
trends in these capture fisheries:
The state of marine fishery resources, based on FAO's
monitoring of assessed marine fish stocks, has continued to
decline. The fraction of marine fish stocks fished within
biologically sustainable levels has exhibited a decreasing
trend, from 90.0 percent in 1974 to 66.9 percent in 2015. In
contrast, the percentage of stocks fished at biologically
unsustainable levels increased from 10 percent in 1974 to 33.1
percent in 2015, with the largest increases in the late 1970s
and 1980s. In 2015, maximally sustainably fished stocks
(formerly termed fully fished stocks) accounted for 59.9
percent and underfished stocks for 7.0 percent of the total
assessed stocks.
In other words, overfishing remains a real concern. The percentage
of fish stocks harvested at unsustainable rates has increased steadily
in past decades and today represents roughly a third of such stocks. If
this trend continues--and unless further action is taken to reduce
overfishing and excess fishing capacity, we should expect it to
continue--serious consequences for food security and the marine
environment will follow.
Destructive Fishing Practices
Over the past 25 years, the United States and other nations have
restricted the use of several types of fishing gear and certain fishing
practices with the potential to cause significant harm to the marine
environment. That harm may include, among other things:
excessive bycatch, particularly of juvenile fish and species
at risk such as seabirds, sea turtles, marine mammals; and
damage to sensitive areas such as seamounts, hydrothermal
vents and other vulnerable marine ecosystems.
The United States can point to some real successes in this
endeavor. For example:
we championed an initiative to prohibit the use of large-
scale driftnets on the high seas;
we led the effort to reduce the mortality of dolphins in the
purse seine tuna fisheries of the Eastern Pacific Ocean;
we prompted other nations to use turtle excluder devices,
thus reducing sea turtle mortality in their shrimp trawl
fisheries;
we pushed the United Nations and regional fisheries
management organizations (RFMOs) to limit bottom trawling
operations in areas known to have vulnerable marine ecosystems;
and
we have secured bans on shark-finning and pursued
sustainable shark fisheries.
Again, more needs to be done in this space, particularly to reduce
the mortality of endangered species in certain fisheries.
IUU Fishing
Even in cases where governments, individually or collectively, have
set responsible limits on the harvest of marine fish and have enacted
or adopted other necessary management measures, some fishers violate
those rules. The term ``IUU fishing'' has come to represent a wide
range of activities that undermine sustainable fisheries.
I have seen any number of estimates of the amount of IUU fishing
taking place and of the value of illegally harvested fish. My own view
is that those estimates are probably not reliable, simply due to the
difficulty of obtaining hard data on this topic. Nor can we know for
certain whether the overall amount of IUU fishing is increasing or
decreasing. What I do feel safe in saying is that IUU fishing remains a
serious threat to fisheries worldwide.
Over the past two decades, nations have taken many steps--at the
global, regional, and national levels--to combat IUU fishing. To
highlight just a few:
As part of Agenda 2030, the United Nations adopted
Sustainable Development Goal 14, which includes the following
target:
By 2020, effectively regulate harvesting and end overfishing,
illegal, unreported and unregulated fishing and destructive
fishing practices and implement science-based management plans,
in order to restore fish stocks in the shortest time feasible,
at least to levels that can produce maximum sustainable yield
as determined by their biological characteristics.
The Port State Measures Agreement (PSMA), negotiated under
the auspices of the FAO, has entered into force and now has 55
parties, including the United States. Meetings of the parties
to the PSMA have started to take place, with the aim of
ensuring effective implementation of its provisions. One key to
this effort will be to provide developing countries with the
training, expertise and resources they need to prevent
illegally caught fish from being landed, transshipped, packaged
or processed in their ports. I am aware that the United States
is actively engaged in such capacity building efforts,
providing both financial and technical support.
Another critical step will be to facilitate the exchange of
information about IUU fishing activities--among States, RFMOs,
and others--that the Agreement envisions.
Many RFMOs have taken aggressive action to address IUU
fishing, such as the creation of ``black lists'' of IUU vessels
that are denied fishing opportunities, stronger requirements on
the monitoring, control and surveillance of vessels,
institution of trade-tracking and catch-documentation schemes,
etc.
A number of new RFMOs have come into existence in the past
decade or so, including in the North Pacific and South Pacific,
with the aim of bringing effective management to certain
previously unregulated fisheries.
In 2015, the United States and the Russian Federation signed
a bilateral agreement to combat IUU fishing. Despite serious
friction in the U.S.-Russian relationship on other matters,
this agreement is allowing the agencies of both governments to
cooperate more effectively in dealing with IUU fishing,
particularly in the Bering Sea and North Pacific regions.
In early October, the United States, eight other States and
the European Union will sign the Agreement to Prevent
Unregulated High Seas Fisheries in the Central Arctic Ocean.
Over the past few years, both the United States and the
European Union have instituted a variety of controls to prevent
the importation and sale of illegally harvested fish in their
respective markets.
I wish I could say that these actions, and others like them, have
solved the problem of IUU fishing. Although they constitute significant
and commendable efforts--and reflect a remarkable degree of political
will of many nations to address this problem--we need to do more.
Next Steps in Combatting IUU Fishing
1. Promote widespread adherence to, and full implementation of, the
PSMA.
The entry into force of the Port State Measures Agreement in 2016
represented a true milestone in the fight against IUU fishing. It gave
the international community, at the global level, its first legally
binding tool with which to prevent illegally harvested fish from
entering the stream of commerce. Now we must ensure widespread
adherence to, and full implementation of, this key treaty. That the
United States is a party to the PSMA gives us the legitimacy our Nation
needs to work with others in doing just that.
At this stage, I recommend a focus on three things simultaneously.
The United States should:
Encourage more States to join the PSMA, particularly
developing States whose ports are used often by vessels for
landing, transshipping, packaging and processing fish. Some
significant States that currently remain outside the PSMA are
China, Brazil and Mexico.
Contribute further expertise and resources to developing
States, directly and/or through the FAO, both to help those
States that are already parties to the PSMA implement its
requirements and to encourage other developing States to join
and implement the PSMA.
Support FAO in creating a global mechanism to facilitate the
exchange and publication of information relating to the PSMA,
which will, among other things, help States determine whether
particular vessels seeking entry into their ports have engaged
in or supported IUU fishing.
2. Expand fish ``traceability'' programs.
In an ideal world, a consumer seeking to buy a fish in a market or
to order a fish in a restaurant would have access to the information
necessary to know where the fish was caught, who caught the fish, that
the fish was caught in accordance with applicable rules and that the
fish is actually the species that the seller claims it to be. Although
we are still many years away from living in such a world, we have begun
to take steps to improve the ``traceability'' of fish products from the
moment of harvest to final sale.
We should continue down this road. To do so effectively, the United
States Government will need to collaborate not only with other
governments and international organizations, but also with many
partners in the seafood industry and civil society. I note that quite a
few industry and other non-governmental groups in the United States are
already working actively in this regard. It also appears that many U.S.
consumers are willing to adjust their purchasing behavior in favor of
buying fish that they know have been caught legally and sustainably.
3. End subsidies that contribute to IUU fishing.
For years, the United States and other like-minded nations have
sought to create a strong set of international rules to end harmful
subsidies to the fisheries sector, subsidies that exacerbate
overfishing and contribute to IUU fishing. We have repeatedly secured
commitments on paper to do just that, including in Agenda 2030. And
yet, final agreement on these ``disciplines'' on fisheries subsidies
has eluded our grasp. We should demand that all States fulfill the
pledge they made in Sustainable Development Goal 14 to end such
subsidies by 2020.
4. Build the Global Record of Fishing Vessels, Refrigerated Transport
Vessels and Supply Vessels.
This database, constructed by FAO with the support of many States
and other entities, contains accessible information about vessels
engaged in fishing and related activities. That information includes
registration, vessel characteristics and ownership, previous vessel
names, previous owners and operators, authorizations to engage in
fishing and related activities, history of compliance, etc. Clearly,
the availability of such information will aid in the fight against IUU
fishing. For example, States will be able to use the Global Record in
helping to determine whether to allow a vessel seeking access to its
ports to do so.
FAO released the Global Record earlier this year. It is accessible
at: http://www.fao.org/global-record/information-system/en/. The
database currently includes information on more than 8,400 vessels,
uploaded by 49 States, including the United States. But it is still a
work in progress. The United States will need to work with others to
continue building the Global Record, and to keep all of its information
up-to-date, with the goal of making it truly comprehensive.
5. Accede to the Law of the Sea Convention.
The United States has been a prominent player in the worldwide
effort to combat IUU fishing despite the fact that we have not adhered
to the basic international instrument on ocean governance, the 1982
Convention on the Law of the Sea. It is not at all clear, however, that
we will be able to maintain a leadership role as a non-party to this
treaty.
The most compelling reasons for the United States to join the
Convention concern the benefits that that the United States would reap
regarding enhancement of our national security interests, recognition
of the outer limits of our continental shelf, and the ability to
sponsor U.S. companies to engage in deep seabed mining.
But joining the Convention would also lend greater legitimacy to
our efforts to urge others in the fight against IUU fishing. Today,
other nations reluctant to join the PSMA can point to our non-adherence
to the LOS Convention and say that we are being hypocritical. China,
for example, makes this point when our government raises concerns about
Chinese behavior, including allegations of IUU fishing by Chinese
vessels, in the South China Sea.
Preliminary Comments on the Maritime SAFE Act
In late August, a bill was introduced in the Senate called the
Maritime Security and Fisheries Enforcement Act, or Maritime SAFE Act.
I commend the sponsors of this bill for their willingness to take on
these issues, and am particularly pleased at the bipartisan nature of
this proposed legislation.
The basic purposes of the bill are fully consistent with the needs
I perceive to take further action against IUU fishing. I support the
intention to improve global data sharing, to promote international
collaboration, to foster implementation of the PSMA, and to strengthen
internal coordination on fisheries enforcement here in the United
States.
The bill may well undergo change as it moves through the
legislative process. If I can be of assistance to this Subcommittee or
to others in the Senate or in the House during this process, I would be
pleased to do so.
At this early stage, I might simply note that the bill places
perhaps too heavy an emphasis on what the United States can do on its
own. While there clearly are things that our government should do
unilaterally to advance our efforts, real success will lie in working
with other nations, particularly developing States that lack the
capacity to fight IUU fishing effectively. We will also need to work
with those outside of government, including the fishing industry,
scientific organizations, environmental NGOs and others.
Conclusion
Thank you once again for this opportunity to testify. I would be
pleased to answer any questions.
Senator Sullivan. Thank you, Ambassador, and just one of
the issues I wanted to highlight, you mentioned the subsidies
and the Trade Promotion Act that passed the Congress a couple
years ago. There's a whole new section on trade agreement. Now
the U.S. Trade Representative has to go after the illegal trade
subsidies of our trade partners. So we're making progress
there.
Ambassador Balton. Thank you.
Senator Sullivan. Dr. Athreya.
STATEMENT OF DR. BAMA ATHREYA, SENIOR DEMOCRACY SPECIALIST,
BUREAU FOR DEMOCRACY, CONFLICT, AND
HUMANITARIAN ASSISTANCE, USAID
Dr. Athreya. Chairman Sullivan, Ranking Member Baldwin, and
Members of the Subcommittee, thank you so much for the
opportunity for USAID to speak today, and we would also ask
that our written testimony be submitted for the record.
Senator Sullivan. Without objection.
Dr. Athreya. We are particularly pleased to be able to
speak to you about a very important topic: the criminal conduct
and, in particular, the widespread human trafficking that is
connected with the over-exploitation of fisheries.
Under our Administrator, Ambassador Greene's leadership,
USAID has reaffirmed its commitment to ending human trafficking
in all forms and in all industries around the world. Our
experience shows that IUU fishing and human trafficking have
common drivers. We believe that we need to address the
environmental and human rights challenges together in order to
have a stronger and more transformational impact on both the
environmental degradation and the human rights violations
associated with IUU fishing.
So let me start by just talking for a minute about why this
is a development priority for USAID. Seafood is the world's
most widely traded food commodity, supporting a $500 billion
global economy. Fisheries and aquaculture assure the
livelihoods of 10 to 12 percent of the world's population. More
than 90 percent of those are people working in small-scale
operations in developing countries.
Fisheries make a significant contribution to food security
around the world and again particularly in the developing
world. Fish provide more than 3.1 billion people with almost 20
percent of their animal protein.
This is an important underpinning industry for global
development, but these gains cannot continue unless we address
the over-exploitation and associated criminal activities.
At USAID, ending human trafficking is a priority.
Trafficking in persons corrupts global commerce and it
threatens global security. Empowering people and communities at
risk of human trafficking helps our development objectives by
disrupting the cycles that keep people in poverty around the
world.
Equally important, we do see well-managed wild fisheries as
a development pathway that can support self-reliance; food
security; decent work; economic growth; and women's
empowerment; and, as noted by a recent National Intelligence
Council report, ensuring the economic and food security of
vulnerable populations strengthens our own national security.
How widespread is the problem of trafficking in the fishing
sector? We and other donors are investing in more and better
research about the extent of the problem. One recent study, a
prevalence study, done in Southeast Asia by the International
Justice Mission, identified up to 80 percent of the migrant
workers in Southeast Asia that were interviewed for the study
had experienced trafficking at some point in their
participation in fishing or as crew on fishing vessels--80
percent. So in that region, at least, trafficking seems to be
the norm and not the exception. Clearly, we have to tackle this
issue.
USAID has actively focused on the issue of human
trafficking in fisheries since 2014 when we raised this problem
within the U.S. Government interagency discussions about IUU
fishing. We have seen how over-exploitation and illegal
exploitation of fishery resources is a driver for labor abuse
in fisheries and vice-versa. Scarce fish mean fisheries are
less profitable, trips are longer and more dangerous, and
fishers are more isolated. These conditions create a pull for
labor abuses because ship owners and captains are looking for
fishing crews to work under more and more isolated and
dangerous conditions.
At the same time, boats crewed by fishers working under
these exploitive conditions continue to drive over-fishing and
are associated with other illegal behaviors.
For the past few years, USAID has addressed these
challenges through our programming and also by acting as a
convener within the U.S. Government as well as the broader
donor community. We have regularly led meetings on this subject
with U.S. Government colleagues from State Department, Commerce
Department, Labor Department, Department of Homeland Security,
and the U.S. Trade Representative, to ensure that we coordinate
our work and identify trends and opportunities to disrupt
cycles of human trafficking. We've also facilitated the same
types of conversations within the broader donor community,
private foundations, bilateral donors, et cetera, both in
Washington, D.C., and particularly in Southeast Asia.
We have described some of our key investments in our
written submission. I just want to make a few broad points
about our portfolio here. One major theme in our programs is
bringing stake-holders together. For example, in our recently
launched Seafood Alliance for Legality and Traceability, we are
directly investing in collaboration. The initiative itself is a
partnership with the Packard Foundation, Moore Foundation, and
Walton Family Foundation, and it is a global alliance for
knowledge exchange and action to promote legal and sustainable
fisheries through improved transparency in seafood supply
chains. We believe transparency and traceability will directly
benefit workers themselves--workers on boats--by making
invisible people visible.
Technology for the detection of crimes at sea is another
consistent theme in our programming. Through USAID's Supply
Unchained Initiative, we have solicited innovative approaches
to addressing labor exploitation on boats by using technology
to connect directly with workers and allowing for the real-time
reporting of problems and abuses. This is also linked with our
approach to sustainability in the seafood sector. We've
integrated labor concerns, for instance, into our Oceans and
Fisheries Partnership, which is promoting electronic catch
documentation to improve fisheries management for
sustainability and biodiversity to improve biodiversity. But
the electronic catch documentation traceability systems being
developed can be dual purpose. They can also help provide
visibility in terms of the workers on the boats.
In closing, we'd like to highlight once again the
importance of the whole-of-government approach to this issue.
No single organization can solve these complex and inter-
related challenges and we have benefited enormously from the
insights we've received from NOAA, State Department, Labor
Department, Justice Department, and so many other colleagues.
In turn, we hope USAID's programs support our colleagues'
priorities on law enforcement, trade, and regulatory fronts. We
believe solutions are possible if we all work together.
Thank you once again for your time and I look forward to
your questions.
[The prepared statement of Dr. Athreya follows:]
Prepared Statement of Dr. Bama Athreya, Senior Democracy Specialist,
Bureau for Democracy, Conflict, and Humanitarian Assistance, USAID
Chairman Sullivan, Ranking member Baldwin, Members of the
subcommittee, thank you for inviting me to speak to you today about an
important issue that touches upon our work: the criminal conduct
arising from overfishing that has led to severe human rights
violations, in particular widespread human trafficking. We appreciate
the importance of working across the U.S. government to end the
exploitation of resources and people.
USAID is committed to combating human trafficking in all forms and
industries around the world. A prevalence study conducted by a USAID
partner in Thailand, Issara Institute, revealed that in the research
area, nearly 80 percent of the fishing vessel workers may have been
trafficked. Our experience shows that Illegal, Unregulated, and
Unreported (IUU) fishing and human trafficking have common drivers and
USAID understands that addressing environmental and human rights
challenges together creates stronger and more transformational impact
on both sectors.
At USAID, ending human trafficking is a priority. Trafficking in
persons corrupts global commerce and threatens global security.
Empowering people and communities at risk of exploitation disrupts
cycles of poverty. We also see well-managed wild fisheries as a
development pathway that can support self-reliance, food security,
decent work, economic growth, and women's empowerment. I'd like to
highlight some of our findings and programs.
People are surprised by the scale of the seafood sector globally.
Seafood is the world's most widely traded food commodity, supporting a
$500 billion global economy. They are a significant source of foreign
currency earnings for many developing countries, providing net export
revenues of US$ 42 billion in 2014, higher than other major
agricultural commodities--including meat, tobacco, rice and sugar--
combined. The Food and Agriculture Organization (FAO) estimates that
fisheries and aquaculture assure the livelihoods of 10-12 percent of
the world's population with more than 90 percent of those employed by
capture fisheries working in small-scale operations in developing
countries. A recent study suggests that 50 percent of seafood workers
are women, often engaged in post-harvest processing.
Finally, fisheries make a significant contribution to food and
nutrition security, particularly in developing countries. Fish provide
more than 3.1 billion people with almost 20 percent of their animal
protein. But maintaining and enhancing these benefits requires us to
unwind the unvirtuous spiral we've described by creating the reverse
situation where sustainable fisheries support decent work.
USAID has actively focused on the issue of human trafficking in
fisheries since 2014, when we raised this problem within U.S.
Government interagency discussions about IUU fishing. We have seen how
overexploitation and illegal exploitation of fishery resources is one
of the drivers for labor abuse in fisheries. Scarce fish means
fisheries are less profitable, trips are longer and more dangerous, and
fishers are more isolated. These conditions create a ``pull'' for labor
abuses as ship owners and captains look for fishing crew to work under
poor conditions. At the same time, boats crewed by fishers working
under these exploitive conditions continue to drive over-fishing and
are also associated with illegal fishing behaviors.
For the past few years, USAID has been an influential convener
within the government as well as the broader donor community. We have
regularly convened U.S. Government colleagues from State, Commerce,
Labor, Homeland Security, and the U.S. Trade Representative to
coordinate our work and identify trends and opportunities; and we've
facilitated a number of events with the broader donor community in both
Washington, D.C. and in Southeast Asia. As a result, USAID investments
have been consistently aligned with broader U.S. government priorities
in this area, and with the programmatic investments of other funding
agencies and private donors.
In developing our programs we coordinate closely with other U.S.
agencies that also address this issue, including State/JTIP and
Department of Labor's Bureau of International Labor Affairs. We also
coordinate with other donor agencies.
Indeed one of our main projects, the Seafood Alliance for Legality
and Traceability (SALT) is an example of how we are directly investing
in collaboration. The SALT initiative is a partnership with the Packard
Foundation, Moore Foundation and Walton Family Foundation to form a
global alliance for knowledge exchange and action to promote legal and
sustainable fisheries through improved transparency in seafood supply
chains. SALT brings together the seafood industry, governments, civil
society groups, academics and other stakeholders to accelerate learning
and support collaboration on innovative solutions for legal and
sustainable seafood, with a particular focus on traceability-the
ability to track the movement of seafood through supply chains. The
program has held three global workshops since its launch in October
2017, each of which have included human rights activists and experts
working to end human trafficking in this sector. Going forward,
specific activities will be driven by the collective recommendations
from these workshops. We believe new transparency and traceability
solutions will directly benefit workers on boats, as participants
stated in our most recent workshop in Bangkok, by ``making the
invisibles visible.''
Technology for the detection of crimes at sea is a consistent
refrain in our programming. We have investments in tech-enabled
detection programs to address labor exploitation and to improve
fisheries management to achieve ecological sustainability and conserve
marine biodiversity. Our key programs in these areas are focused on
Southeast Asia, which produces 50 percent of the world's seafood and is
recognized as a hotspot for human trafficking in fisheries.
I'd like to describe two relevant projects using technology to
detect human trafficking at sea. Golden Dreams, implemented by
Thailand-based Issara Institute and also supported by the Walmart
Foundation, uses social media to connect migrant workers at risk with
each other through a Burmese-language smartphone app, to revolutionize
safe migration, jobseeker empowerment, ethical sourcing due diligence,
and anti-human trafficking. The app serves as a platform for learning
and exchanging information, reviews, ratings, comments, and advice
about employers, recruiters, and service providers, in both home and
destination countries.
The IM@Sea project, implemented by the International Labor Rights
Forum (ILRF) in partnership with Iridium Go! explores how satellite-
based vessel-tracking technology can advance U.S. efforts to identify
and counter human trafficking in the global fishing industry. With
narrowband satellite devices, video cameras, data collection tools, and
a risk assessment system, ILRF and IM@SEA partners tested a
sophisticated, cost-effective way to generate labor and environmental
risk profiles on two fishing vessels with a small trial set of crew.
This project recognized that trust is as important as technology, and
built a protocol, including binding agreements with vessel owners, that
can be replicated to foster more ethical practices on fishing vessels.
On the sustainability side, the Oceans and Fisheries Partnership is
a collaboration between USAID and the Southeast Asian Fisheries
Development Center (SEAFDEC) that works to strengthen regional
cooperation to IUU fishing, promote sustainable fisheries and conserve
marine biodiversity in the Asia-Pacific region through the development
of transparent and financially sustainable Catch Documentation and
Traceability (CDT) systems to help ensure that fisheries resources are
legally caught and properly labeled. The program has documented labor
conditions at both its main project sites, and is exploring ways to
integrate labor practices into its approach.
I'd like to share one final example of our integrated approach to
this issue: USAID in Ghana is addressing the challenge of child labor
in fishing, particularly on Lake Volta, through its existing Feed the
Future program implemented by the University of Rhode Island Coastal
Resources Center. A community-based approach targeting parents and
guardians who are in poverty and lack knowledge of the negative impacts
of child labor is complemented with livelihoods support, resulting in
children spending more time in school than fishing. The project
partners have also drafted an anti-trafficking policy document for the
Ministry of Fisheries and Aquaculture Development (MOFAD) and the
Fisheries Commission, in collaboration with Ministry of Gender, Child
and Social Protection, to be incorporated into ministries' policies.
In closing we would like to highlight once again the importance of
a whole-of-government approach to this issue. No single organization
can solve these complex and interrelated challenges. For the past few
years, USAID has been acting as a convener of regular discussions among
our U.S. government colleagues, other donors, and other stakeholders to
ensure that our investments to address human trafficking in the global
fishing sector effectively leverage, and wherever possible partner
with, other allies working on these issues. Our programs have benefited
enormously from the insights we have received from NOAA, State
Department, Labor Department, Justice, Department of Homeland Security
and so many other colleagues. In turn we hope that our programs are now
better aligned with our colleagues' priorities on the law enforcement,
trade and regulatory fronts. We believe solutions are possible if we
all work together. Thank you again for your time, and I look forward to
your questions.
Senator Sullivan. Thank you, Dr. Athreya.
Dr. Doremus.
STATEMENT OF DR. PAUL DOREMUS, DEPUTY ASSISTANT
ADMINISTRATOR FOR OPERATIONS, NATIONAL MARINE
FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE
Dr. Doremus. Good morning, Mr. Chairman, and Members of the
Subcommittee. Pleased to have the opportunity to testify before
you today and likewise ask that my written testimony be
accepted into the record.
Senator Sullivan. Without objection.
Dr. Doremus. Thank you, Mr. Chairman.
The United States is a global leader in sustainable seafood
and is committed to preventing illegally harvested or
fraudulently marketed fish from entering the global stream of
commerce.
Fourteen Federal agencies have a role in implementing U.S.
actions to combat IUU fishing and seafood fraud domestically as
well as internationally. Interagency coordination of these
efforts has been managed through a Working Group on IUU Fishing
and Seafood Fraud, co-chaired by NOAA and the State Department.
The working group coordinates actions to combat IUU
fishing, strengthen enforcement cooperation, enhance
partnerships, and implement a risk-based traceability program
for seafood entering into U.S. commerce.
The National Security Council identified combating IUU
fishing as one of this Administration's environmental
priorities and, in fulfillment of this priority, NOAA engages
in international cooperation and assistance with a particular
emphasis on providing training and strengthening efforts to
combat IUU fishing in foreign countries. These activities
promote maritime security through increased monitoring,
control, and surveillance. NOAA, in partnership with USAID, the
State Department, U.S. Naval Forces Africa, and the U.N. Food
and Agricultural Organization, has been engaged in the capacity
of building initiatives around the world.
In June 2016, the Agreement on Port State Measures entered
force. The U.S. supports successful international
implementation of the Port State Measures Agreement because
assisting nations with implementation ultimately will reduce
the level of IUU fish products being landed and exported around
the world. To this end, the Office of Law Enforcement in the
National Marine Fisheries Service developed and has been
delivering an international training program for providing
technical assistance to global partners.
NOAA also works to combat IUU fishing pursuant to domestic
authorities. The Magnuson-Stevens Fisheries Conservation and
Management Reauthorization Act of 2006 requires NOAA to
identify countries whose vessels engage in IUU fishing in a
biennial report to Congress. Once NOAA identifies such a
nation, we consult with them to encourage appropriate
corrective actions which, if not taken, can lead to a negative
certification and prohibitions from importing certain fisheries
products into the United States.
Finally, the U.S. also is a leader within the Regional
Fisheries Management Organizations on monitoring, control, and
surveillance efforts needed to combat IUU fishing. Through
these organizations, we're working closely with countries
around the world to develop strong enforcement tools and
management measures.
For NOAA, one of the most significant recent program
developments is the Seafood Import Monitoring Program. This
program establishes for imports of certain seafood products the
reporting and recordkeeping requirements needed to prevent IUU
fish, fish products, and misrepresented seafood from entering
U.S. commerce. Through these requirements, the Seafood Import
Monitoring Program provides additional protections for our
national economy, global food security, and sustainability of
our shared ocean resources.
It helps level the playing field for fishermen and seafood
producers around the world who play by the rules. This is a
risk-based traceability program requiring the importer of
record to report data and retain records that allow for
tracking of products from the point of harvest to the point of
entry into U.S. commerce.
By direction of the 2018 Appropriations Act, shrimp and
abalone must now comply with the Seafood Import Monitoring
Program's requirements by December 31 of this year. We will
require foreign shrimp and abalone seafood products to be
accompanied by harvest and landing data, and chain of custody
records when entering the United States.
NOAA also is establishing an analogous domestic program for
reporting on shrimp and abalone aquaculture to include those
species in SIMP. In addition, NOAA's implemented a number of
international catch documentation and trade programs designed
to prevent illegal trade in seafood products.
On the enforcement front, both NOAA and the Department of
Commerce are strongly committed to preventing IUU fish and fish
products as well as fraudulently labeled seafood from entering
the United States. We have begun to explore ways to improve
enforcement. Opportunities include administrative subpoena
authority, which would increase NOAA's ability to get
information it needs to support investigations involving
importation of IUU fish products, including documents related
to the storage, processing, packaging, and transport of fish.
In addition, the ability to share information, including with
other international organizations, is an important element in
combating IUU fishing.
Finally, to effectively address trafficking in IUU fish and
fish products, NOAA needs clear prohibitions on the submission
of false information related to shipments of fish.
To conclude, combating IUU fishing is a priority for this
Administration. NOAA is undertaking a variety of strong actions
and initiatives to help level the playing field for U.S.
industry, ensure public confidence in U.S. seafood, and promote
maritime security.
I look forward to working with members of the Subcommittee
and your staff on actions needed to counter IUU fishing.
Thank you for the opportunity to testify. I'll be happy to
answer any questions.
[The prepared statement of Dr. Doremus follows:]
Prepared Statement of Dr. Paul Doremus, Deputy Assistant Administrator
for Operations, National Marine Fisheries Service, National Oceanic and
Atmospheric Administration, U.S. Department of Commerce
Introduction
Good morning, Chairman Sullivan, Ranking Member Baldwin, and
Members of the Subcommittee. My name is Paul Doremus and I am the
Deputy Assistant Administrator for Operations within the National
Oceanic and Atmospheric Administration's (NOAA) National Marine
Fisheries Service (NMFS) in the Department of Commerce. Today, I will
describe the agency's work to combat illegal, unreported, and
unregulated (IUU) fishing and seafood fraud as well as the nexus
between our work and maritime security. The United States is a global
leader in sustainable seafood and is committed to preventing illegally
harvested or fraudulently marketed fish from entering the global stream
of commerce.
As a result of sound science, strong management programs, and
enforcement controls, the United States has successfully reduced
domestic overfishing to its lowest level in decades and rebuilt a
record number of historically depleted domestic stocks. IUU fishing and
seafood fraud undermine these efforts. Entities that engage in IUU
fishing circumvent conservation and management measures and avoid the
operational costs associated with sustainable fishing practices. IUU
fishing also undermines the reputation of legitimate fishing and
seafood operations and the consumer confidence on which they rely.
Because the United States imports more than 90 percent of its seafood,
NMFS works to ensure that this high demand for imported seafood does
not create incentives for illegal fishing activity. Some countries are
overwhelmed by the increasing demand for their fisheries products,
while many lack the necessary management and/or enforcement capacity to
sustainably manage their marine resources. Furthermore, the way other
countries manage our shared marine resources can directly affect the
status of fish stocks of importance to the United States. Thus, the
United States has a critical role in promoting the consumption of
sustainable and legally caught seafood.
IUU Fishing and Seafood Fraud--Definitions and Clarifications
IUU fishing encompasses a wide range of activities. In general,
illegal fishing refers to fishing activities conducted in contravention
of applicable laws and regulations, including those adopted at the
regional and international level. Unreported fishing refers to fishing
activities that are not reported or are misreported to relevant
authorities in contravention of national laws and regulations, or
reporting procedures of a relevant regional fisheries management
organization (RFMO). Unregulated fishing occurs in areas, or for fish
stocks, for which there are no applicable conservation or management
measures and where such fishing activities are conducted in a manner
inconsistent with State responsibilities for the conservation of living
marine resources under international law. Fishing activities are also
unregulated when occurring in the management area of a RFMO by vessels
without nationality, or by those flying a flag of a State or fishing
entity that is not party to the RFMO in a manner that is inconsistent
with the conservation measures of that RFMO.
In general terms, seafood fraud is ``the act of defrauding buyers
of seafood for economic gain.'' Seafood fraud occurs in a variety of
different ways--from intentional mislabeling and species substitution,
to falsifying trade documentation, to short-weighting product (charging
consumers more for less product). Regardless of the manner in which the
fraud occurs, seafood fraud is illegal, undermines confidence in the
marketplace, and can have serious negative consequences for fisheries
resources, fishermen, the seafood industry and consumers. IUU fishing
and seafood fraud can overlap when the origin or species of a seafood
product is fraudulently labeled in an effort to conceal IUU fishing
activity, such as hiding that it is a protected species or that it was
harvested illegally from a protected area.
Current Scope of Our Work
Fourteen Federal agencies have a role in implementing U.S. actions
to combat IUU fishing and seafood fraud, both domestically and
internationally. Interagency coordination on these efforts has been
managed through an interagency working group on IUU Fishing and Seafood
Fraud, co-chaired by NOAA and the State Department. The working group
coordinates the implementation of a suite of actions to improve
international tools to combat IUU fishing, strengthen enforcement
cooperation both domestically and internationally, enhance partnerships
with industry and other stakeholders, and implement a risk-based
traceability program for seafood entering U.S. commerce.
The National Security Council identified combating IUU fishing as
one of this Administration's international environmental priorities,
under the Combating Conservation Crimes initiative. The initiative
calls for NOAA to promote adoption and implementation of global and
regional counter-IUU fishing measures, support the provision of
technical assistance to developing States, strengthen interagency
collaboration to combat IUU fishing, implement the Seafood Import
Monitoring Program, and accelerate the development and use of
innovative technologies to detect and deter IUU fishing.
In fulfillment of this Administration's initiative to combat IUU
fishing, NOAA engages in international cooperation and assistance, with
particular emphasis on providing training to strengthen efforts to
combat IUU fishing and trafficking of IUU fish products. These
activities promote and enhance maritime security through increased
monitoring, control, and surveillance of fishing activities. NOAA, in
partnerships with the U.S. Agency for International Development
(USAID), State Department Bureau of International Narcotics and Law
Enforcement Affairs, U.S. Naval Forces Africa, and the Food and
Agriculture Organization of the United Nations, has been engaged in
capacity building initiatives around the globe, including Africa,
Southeast Asia, Latin America and the Caribbean. Since 2008, the U.S.
Coast Guard and NOAA, in partnership with the State Department and
USAID have conducted numerous workshops across Southeast Asia on
combating IUU fishing and implementing fisheries law enforcement best
practices. Since 2013, NOAA has also collaborated in efforts to train
African fisheries management and enforcement officials, as well as
prosecutors. The purpose of these workshops is not only to strengthen
fisheries enforcement and prosecution, but to promote interagency
cooperation and regional coordination.
In June 2016, the Agreement on Port State Measures to Prevent,
Deter and Eliminate Illegal, Unreported and Unregulated Fishing (PSMA)
entered force. The United States supports successful international
implementation of the PSMA because assisting nations with the
implementation of the PSMA will, ideally, reduce the level of IUU fish
products being landed and exported from nations around the world. Thus,
the NOAA Office of Law Enforcement (OLE) developed an international
training program for providing technical assistance to its global
partners. OLE's Port State Measures Inspector Training Program
curriculum focuses on the operational aspects of implementing the PSMA
with emphasis on roles and responsibilities of PSMA inspectors, methods
to detect IUU fishing activity and the ability to conduct thorough
fisheries inspections of foreign-flagged fishing and fishing-support
vessels that enter global ports. Likewise, by working to increase
awareness and competence of global law enforcement partners to combat
IUU fishing and crimes related to IUU fishing (such as human
trafficking, documentation fraud, and trafficking in protected fish and
wildlife), NOAA seeks to prevent illegal fishing and related activities
at the source before the fish and seafood resulting from these
activities enter global commerce.
NOAA also works to combat IUU fishing pursuant to its domestic
authorities. The MagnusonStevens Fishery Conservation and Management
Reauthorization Act of 2006 (MSA), which amended the High Seas Driftnet
Fishing Moratorium Protection Act, requires NOAA to identify countries
in a biennial report to Congress whose fishing vessels engage in IUU
fishing activities. Once NOAA identifies such a nation, we consult with
them to encourage appropriate corrective action. If the Nation does not
take appropriate action, it receives a negative certification, and the
Nation may be prohibited from importing certain fisheries products into
the United States. Since the Act's reauthorization, NOAA has consulted
with France, Italy, Libya, Panama, People's Republic of China, Tunisia,
Colombia, Ecuador, Portugal, Venezuela, Ghana, Republic of Korea,
Mexico, Nicaragua, Nigeria, and the Russian Federation to resolve IUU
fisheries issues as required by the Act. In accordance with the Act,
every two years NOAA reports to Congress the details of these
consultations and other efforts to improve international fisheries
governance.
Finally, the United States is also a leader within RFMOs on
regional issues related to monitoring, control, and surveillance and
efforts to combat IUU fishing, working closely with countries around
the world to develop strong enforcement tools and effective
conservation and management measures. NOAA provides policy guidance and
technical expertise in the development of these tools and measures.
NOAA also supports groups working to counter IUU fishing under the
framework of existing RFMOs and regional fishery management
arrangements, such as the International Commission for the Conservation
of Atlantic Tunas and the Western Central Atlantic Fishery Commission.
To help advance these efforts, support has been provided for the
development of traceability tools and technologies to improve
monitoring, control, and surveillance in hot spot regions. To
illustrate, grants have been awarded to partners with the aim of
improving traceability tools, developing technologies such as mobile
software applications to bridge information gaps, and conducting
studies to improve knowledge of the international trade and commerce of
protected species.
Addressing Seafood Fraud
The Food and Drug Administration (FDA) is the competent authority
to address seafood fraud practices through improper labeling and other
statements or claims on the label that may mislead the customer once
the product enters into U.S. commerce. NOAA's Seafood Inspection
Program assists the FDA in administering its authorities under a
Memorandum of Understanding with that agency. For example, when seafood
products are presented for inspection, identification of mislabeling
(to include low net weights, species identification, product integrity
and country of origin) is included in the scope of the inspection, when
practical. Violations are either corrected through the Seafood
Inspection Program's work or referred to the FDA or applicable state
authorities for review and final disposition.
Seafood Import Monitoring Program
The Seafood Import Monitoring Program (SIMP) establishes, for
imports of certain seafood products, the reporting and recordkeeping
requirements needed to prevent IUU fish and fish products or
misrepresented seafood from entering U.S. commerce. Thus, the SIMP
provides additional protections for our national economy, global food
security and the sustainability of our shared ocean resources. It helps
to level the playing field for fishermen and seafood producers around
the world who play by the rules. This is a risk-based traceability
program--requiring the importer of record to report key data and to
retain records that allow for tracking of the product from the point of
harvest to the point of entry into U.S. commerce. These requirements,
which apply to imports of 13 species and species groups identified as
particularly vulnerable to IUU fishing or seafood fraud, went into
effect January 1, 2018. Compliance for shrimp and abalone was stayed,
however, until a comparable traceability program for domestic
aquaculture could be established. Per direction of the 2018
Appropriations Act, shrimp and abalone must comply with SIMP's
requirements by December 31, 2018. We will require foreign shrimp and
abalone seafood products to be accompanied by harvest and landing data
and chain of custody records when entering the United States. NOAA is
establishing an analogous domestic program for reporting on shrimp and
abalone aquaculture to include these species in SIMP. NOAA also
anticipates finalizing a Commerce Trusted Trader Program in the coming
months, which will offer streamlined reporting and recordkeeping
requirements for U.S. importers who elect to implement robust internal
traceability and auditing measures that meet the counter-IUU fishing
and seafood fraud objectives of the SIMP. In addition to the SIMP, NOAA
has implemented a number of international catch documentation and trade
tracking programs designed to prevent illegal trade of seafood products
moving in trade. These include programs for tunas, swordfish, and
Patagonian toothfish.
Enforcement Authorities
Both the Department of Commerce and NOAA are strongly committed to
preventing IUU fish and fish products as well as fraudulently labeled
seafood from entering the United States. Most prohibitions and
enforcement tools currently available to NOAA are focused on harvesting
violations within federally-managed fisheries.
NOAA has begun exploring ways to improve enforcement. This analysis
includes the areas described below:
1) Administrative Subpoena Authority--Administrative subpoena
authority would increase NOAA's ability to get the information
it needs to support investigations involving the importation of
IUU fish or fish products including documents related to the
storage, processing, packaging and transportation of fish.
While many other agencies have Administrative Subpoena
authority to assist in the investigation of suspected
violations related to the safety and accurate labeling of a
multitude of food items, no such equivalent authority exists
for NOAA to do the same for most fish and fish products.
2) Data Sharing--The ability to share information (including with
other governments and international organizations) is a
critical element in combating IUU fishing.
3) Additional Prohibitions--To effectively address trafficking in
IUU fish and fish products, NOAA needs clear prohibitions on
the submission of false information related to shipments of
fish (e.g., harvesting vessel, ocean area of catch, species).
Threat detection and evidence gathering
A number of entities, including non-governmental organizations,
have been promoting the use of technology, including satellites and
vessel transponders required for maritime safety (i.e., automatic
identification system (AIS)), to identify areas of the ocean where
suspected IUU activity is taking place. Some of NOAA's polar orbiting
satellites have a Visible Infrared Imaging Radiometer Suite (VIIRS)
capable of detecting the lights on the high seas which can be
associated with fishing vessels. Using these data, a number of private-
sector services now offer the ability to see where vessels are and
believe this information could be helpful in ending IUU fishing.
Maritime domain awareness (MDA), which is the effective
understanding of everything associated with the marine environment that
can impact security, safety, the economy or the environment, has long
been of keen interest to the United States. While NOAA has a
significant interest in MDA, other agencies, like the U.S. Navy, share
that interest and have a number of systems that provide MDA. NOAA has
worked directly with many of these agencies to focus these tools in the
effort to identify and take action on IUU fishing.
However, knowing where fishing vessels are operating is really less
than half of the problem. Additional information and evidence of
illegal activity is required to bring an enforcement action which can
be challenging to collect.
Conclusion
Combating IUU fishing is a priority for this Administration. As
demonstrated in my testimony, NOAA is undertaking a variety of strong
actions and initiatives to combat these activities to help level the
playing field for U.S. industry, ensure public confidence in U.S.
seafood, and promote maritime security globally.
I look forward to working with Members of the Subcommittee and your
staff on the proposed legislation and actions needed to counter IUU
fishing and enhance maritime security.
This concludes my testimony. Thank you again for the opportunity to
testify before your Subcommittee today. I would be happy to answer any
questions you may have.
Senator Sullivan. Thank you, Dr. Doremus.
And we are joined by the Ranking Member of the Full
Commerce Committee, Senator Nelson, who I know being the
Senator from Florida, has a lot of interest in these issues. So
I'm going to offer the opportunity for Senator Nelson to make a
brief opening statement.
STATEMENT OF HON. BILL NELSON,
U.S. SENATOR FROM FLORIDA
Senator Nelson. Thank you, Mr. Chairman, and to the Ranking
Member, thank you.
Indeed, this is a subject matter that is of considerable
interest to the entire committee and certainly to my state and
what I want to do is underscore a number of things that you all
have already said.
Climate change and global mismanagement of fish stocks are
driving our oceans to conditions that we've never seen before.
Internationally, each coastal fishing nation is responsible for
managing the fish stocks that fall within their domestic
waters.
This Committee has passed legislation that has allowed the
U.S. to be a leader in fishery conservation and management and
we stand as that leader for the rest of the world and that was
through the Magnuson-Stevens Act and subsequent Acts. We made
improvements that have resulted in an unprecedented era of
rebuilding over-fished stocks in the U.S.
It has been especially important in the waters around
Florida, which is the source of millions of dollars of shrimp,
snapper, grouper, spiny lobster, and stone crab that are
enjoyed by so many American restaurants and households around
the country.
The entire state, from the bait shop to the boatyard, from
the airport to the seaport, relies on the waters off our coast.
Another piece of legislation we've worked on in this
committee, the Modernizing Recreational Fisheries Management
Act, otherwise known as the Modern Fish Act, seeks to improve
the Nation's fishery conservation and management laws to expand
fishing opportunities for saltwater anglers while making sure
we conserve the fishery resources for the future. This
legislation received bipartisan approval in this committee
earlier in the year and we're hopeful that the Senate is going
to act on it soon.
This Committee has worked in a bipartisan way, but at the
same time, many coastal nations do not manage their fish stocks
sustainably. They don't enforce conservation measures
effectively or coordinate management of shared stocks with
other fishing nations. You all have testified to this fact and
because other nations are not doing their part. These gaps are
allowing for the illegal, unreported, and the unregulated
fishing that is occurring.
And this global problem appears to be increasing as some
bad actors attempt to avoid the stricter fishing rules created
to address the declining fish stocks and so the U.S. must
continue to lead the way, so that our commercial and
recreational anglers can continue to operate and benefit.
While our fishermen are playing by the rules, more must be
done to address illegal, unreported, and unregulated fishing
that threatens so much of the world fish population. So thank
you, Mr. Chairman, for this opportunity.
Senator Sullivan. Thank you, Senator Nelson.
Now I'm going to begin the questioning, and I want to ask
Admiral Abel.
Sir, I want to get a little bit more in detail on that
interdiction of the Chinese fishing vessel Run Da. Now as I
mentioned in my opening statement, the Chinese are perhaps the
largest state sponsor of illegal over-fishing, something that
Ranking Member Nelson just touched on.
How does that square with their perceived cooperation in
apprehending this fishing vessel? So my point is, they were
clearly cooperating on this one, but as a state they're
probably one of the big bad actors and problem governments on
these topics.
So you and perhaps Ambassador Balton, in your previous
job--I know you worked a lot--can you give an example of how
this cooperation occurred? Are you confident the Chinese will
take appropriate punitive actions against the master of this
vessel or do you think this was more of a show versus trying to
hide what they're doing more dramatically as a government?
Vice Admiral Abel. Mr. Chairman, thank you for the
question.
It's an interesting collection of folks that work for the
Northern Central Pacific. I mentioned our Pacific Guard and the
fact it brings together Canadians that are flying out of Japan,
Chinese ship-riders, Russian cooperation, as well as the South
Koreans, all working together.
Your comment about the approach we take with the Chinese,
we certainly cooperate when we can and certainly on this case
we did.
When I served up with you up in the 17th District, we also
did a similar case of IUU fishing that was a Chinese vessel and
there's one before that. So the last three we have had Chinese.
While Run Da has not been--they haven't adjudicated yet and
they haven't taken final action, the Chinese will destroy the
vessel. They will scrap the vessel is the ultimate of what they
do with that. So they appear to take it seriously and their
cooperation is critical as far as getting onboard the vessel,
inspecting the vessel as a Chinese-flagged vessel, to then take
action.
So it's an interesting conundrum where we compete and we
collaborate at the same time.
Senator Sullivan. At the same time from a government
perspective, they're very problematic in a lot of these areas?
Vice Admiral Abel. Yes, sir, and they consume about a third
of the world's fish. So certainly as their middle class rises
and the protein need goes up, there's going to be more of a
demand in China for fish.
Senator Sullivan. Ambassador Balton, do you have any
comments from your previous job?
Ambassador Balton. Thank you, Senator.
In my experience, cooperation with China on fisheries
issues has improved gradually over time but it's not been
linear. We are getting better data from China. There has been
some more transparency. China's government has been devoting
more resources to management and enforcement of their fishing
vessels. All that's on the positive side. I would say they've
also been participating more in international efforts.
But, for example, in the South China Sea, a recent
arbitrable decision found that there was widespread IUU fishing
by Chinese vessels in that sea supported by the Chinese
Government.
Senator Sullivan. And Chinese Coast Guard and Naval Fleets
to protect the IUU fishing?
Ambassador Balton. So the arbitrable award found. Yes, sir.
So it's----
Senator Sullivan. That's a real problem, right?
Ambassador Balton. Well, it's certainly a problem for the
countries in that region, yes. The U.S. doesn't have particular
fishing interests there, but it is evidence that we have a long
way to go with China, yes.
Senator Sullivan. Great. Dr. Doremus, I wanted to ask. I
know NOAA focuses on a lot of these issues. Are you doing work
at NOAA, or is USAID doing work, to better support our partners
around the world by enhancing their maritime domain awareness
capability and capacity? I'll put that out to either NOAA or
USAID witnesses.
Dr. Doremus. Thank you, Mr. Chairman, and perhaps we both
could comment. From our vantage point, our authority centers
most squarely on efforts to tackle IUU fishing. There's clearly
a nexus between IUU activities and maritime domain awareness.
There's an extensive effort within the Federal Government and
outside the Federal Government to improve various types of
detection technologies, including use of remote-sensing
capabilities and other, more recent, augmentations of those
capabilities with software to interpolate fishing behavior and
the like. So we have very extensive mechanisms for sharing
information across our Federal agency partners that relate to
maritime domain awareness, particularly, but not only with the
Coast Guard and the U.S. Navy.
Senator Sullivan. Dr. Athreya.
Dr. Athreya. Yes, I mean, I'll just mention sort of one
example. Yes, we are working to strengthen the capacities,
particularly in the Asian Region, on maritime domain awareness,
but more particularly on solutions that involve transparency
and traceability, and working with the RFMOs.
So our Oceans and Fisheries Partnership is a collaboration
with the Southeast Asian Fisheries Development Center, SEAFDC,
and it working to strengthen regional cooperation to combat IUU
fishing through the development of electronic catch
documentation and traceability systems that can be implemented
throughout the region.
Senator Sullivan. Thank you.
Senator Baldwin.
Senator Baldwin. Thank you.
Admiral Abel, on July 1 of this year, the Chinese Coast
Guard moved from being under the State Oceanic Administration
to being under the command of its military governing Central
Military Commission.
Last month, your Commandant discussed China's investment in
and use of its Coast Guard really as a de facto enforcement arm
in the South China Sea. Admiral Schultz also noted that the
U.S. Coast Guard is in discussion with the Indo-Pacific Command
and that, if asked for assistance, that the U.S. Coast Guard
could have a presence in that part of the world next calendar
year.
Admiral, is the Coast Guard capable of establishing a
presence in the South China Sea, and, if so, what do you see as
the Coast Guard's role and how would this impact the operations
that the Coast Guard is already doing?
Vice Admiral Abel. Ranking Member, thank you for the
question.
As far as the request from the Department of Defense to
support INDOPACOM, we're working with them right now as far as
requirements for a potential Coast Guard cutter to deploy over
there.
I would say, though, that the Coast Guard already has a
fairly large presence on that side of the Pacific in a number
of ways. The Oceana Maritime Security Initiative or OMSI is a
way that we actually ride Navy ships with our law enforcement
authorities to board on behalf of the United States. We also
have a number of bilateral agreements where we take ship-riders
from other Coast Guards and other Navies to help them enforce
the fragile fishing stocks that they have that make it
difficult out there. We also help man up every quarter as a
regional command center that helps those islands deal with the
threat to their fishing.
I would also say two different ways we're also doing
something different out there. One would be our Fast Response
cutters are showing up in Alaska. They're proving themselves to
be very, very robust cutters that are going to extend our reach
and our sustainment and our seakeeping to extend that, and,
interestingly enough, our Buoy Tender Sequoia just finished a
three-week patrol, did 30 international boardings and found on
10 of those that the vessel monitoring system that's required
was not properly functioning.
So we're helping these nations patrol their own waters so
that the Rule of Law for individual EEZs is consistent from
nation to nation to nation.
Senator Baldwin. Thank you.
Ambassador Balton, global population is expected to exceed
9.7 billion by 2050, with the largest growth coming in Asia and
Africa.
Fish consumption has also increased from an average of 9.9
kilograms, 21.8 pounds, per person in the 1960s to over 20
kilograms, or about 44 pounds per person, in 2015. Worldwide
depletion of fish stocks could cause nutritional deficiencies
in countries that depend upon food from the oceans as a crucial
protein source.
So I'm wondering, have you looked into this aspect of the
issue and, if so, how can we prevent a potential food shortage
and potential international conflicts that would result from
food shortage?
Ambassador Balton. Senator, I think you're right to be
worried about these trends, and I don't know that there is a
good answer to your question.
I think the best that we can do is to put more of the fish
stocks we have on a sustainably fished basis. As has come out
in the hearing so far, we, the United States, have done
reasonably well at that over the last quarter century or so,
and it is a mixed bag internationally.
It's not all doom and gloom, but the tools for sustainable
fisheries are now becoming more available, even to developing
countries. We do need to help them become better managers of
their fishery resources and we need to reduce the other
stressors on the oceans that are also competing in a sense with
human needs for these fish stocks.
Senator Baldwin. Thank you.
Senator Sullivan. Senator Wicker.
STATEMENT OF HON. ROGER F. WICKER,
U.S. SENATOR FROM MISSISSIPPI
Senator Wicker. Thank you.
Dr. Doremus, on Page 2 of your testimony, you mention the
Interagency Working Group on IUU Fishing and Seafood Fraud,
chaired by NOAA and the State Department.
Let me ask if we need to expand on that? Senator Coons and
I have a bill called The Maritime SAFE Act, which would add to
that a whole-of-government approach and it would direct that
the intelligence community be included in this working group,
as appointed by the Director of National Intelligence.
Are we on to something here? Would it help to be more all-
inclusive and take a whole-of-government approach and,
specifically, would it help us to add the intelligence
community in this effort?
Dr. Doremus. Thank you, Senator Wicker, very much,
appreciate your support of these efforts.
The Administration is currently reviewing the SAFE Act. I
can't comment specifically on that now, but more generally to
the interagency collaboration that you noted at the outset of
your question, we do have very effective across-agency
collaboration.
I think it has been broadly recognized among the panelists
here that that's a central component of being able to continue
our steady progress against IUU fishing and I do think that
that approach--which you're characterizing as a whole-of-
government approach--is an essential ingredient of our ability,
long term, to be able to set and best use the institutional
capabilities that we have among the Federal Government
agencies, as well as with the Regional Fisheries Management
Organizations and our other government partners around the
globe in tackling this problem.
Senator Wicker. Right now, does the intelligence community
act as a part of your working group?
Dr. Doremus. At this point in time, I think we always have
opportunities for improving sharing of information. We do share
information through a number of existing channels that do
involve intelligence agencies.
Senator Wicker. OK. Well, let me shift then to an issue
with Mexico. Mexican crew boats called lanchez engage in
frequent illegal fishing in U.S. Federal waters, including in
the Gulf. They typically run drugs up from Mexico into Texas
and then fish their drift nets on boat rides back to Mexico and
the proceeds, I understand, help finance ongoing cartel
operations.
It's troubling to me, based on information I have, that
five times the amount of red snapper are caught in this way--
five times more--than my Mississippi legal fishermen are
allowed to catch.
How is our cooperation going with the Mexican Government
and how can we improve our efforts to combat illegal fishing,
particularly by Mexican lanchez?
Dr. Doremus. Thank you, Senator. This has been recognized
as a significant problem for some time, and we've been working
very closely both with the U.S. Coast Guard in gathering
information about violations, providing that information to the
Government of Mexico, and then also working very closely with
the Government of Mexico in providing that information and
understanding how they are deploying it through their legal
authorities to prosecute violators of our laws.
Things are progressing well. We are not in the place we
were a number of years ago. I think the signs of progress are
very promising. We have shared information and the Mexican
Government has shared information with us, charging documents,
court proceedings, and documentation of the sanctions that
they've levied. So we believe we're moving in a very positive
direction on this problem. It will require sustained effort by
all of us.
Senator Wicker. OK. Vice Admiral Abel, who owned this Run
Da ship? Was it privately owned by a Chinese company?
Vice Admiral Abel. Chinese vessel, sir, returned to the
Chinese, and, Senator, your question about intelligence, the
Coast Guard has a foot in both camps and certainly we're
members of the intelligence community. So in our enforcement
activities, we also work with intelligence so that we can levy
all of the exquisite capabilities that the United States has on
intelligence, large oceans, many targets, sea change,
temperatures, and salinities to try to forecast where the
illegal activity could be and then the intelligence means to
track those. So already we're the interlocutor between the
Coast Guard and fishing enforcement and intelligence.
Senator Wicker. OK. But I was asking about this Chinese
ship. Is it privately owned, and to follow up on the Chairman's
point, why would they help with one privately owned ship and
not with others? Do you think they're favorites of the regime?
What would the difference be there?
Vice Admiral Abel. Sir, I'm not sure I have the answer on
that one, but I will certainly follow up as far as the actual
ownership of the vessel. It was Chinese-flagged, though.
Senator Wicker. Thank you. Thank you, Mr. Chairman.
Senator Sullivan. But we don't know if that was state-owned
or privately-owned?
Vice Admiral Abel. I'll take that one for the record, sir.
Senator Sullivan. Senator Nelson.
Senator Nelson. To follow that up, the Chinese have twice
as many vessels to support their fishing fleet. Coast Guard
Captain Jay Caputo has written that the Coast Guard has little
capacity to work with other countries, citing the struggles to
meet U.S. fisheries enforcement obligations and he notes that
about the Chinese fleet.
Do you agree, Admiral, with that assessment?
Vice Admiral Abel. Senator, I guess I would describe that
we have many layers of fishery enforcement. The first, of
course, is within our own EEZ, which is enforcing domestic
fisheries in our own fleet, making sure it's a level playing
field, you know, that folks can get back from supporting their
families in a safe manner. We do that. We dedicate a 100,000
hours of boat, cutter, and aircraft hours every year. Last
year, it was up 10 percent, making sure we enforce that. We
also look at incursions.
Senator Nelson. And you do that very well.
Vice Admiral Abel. Yes, sir. So that's one demand on your
Coast Guard.
Certainly we do the high seas enforcement, as well, which
does include the Chinese threat; and then we work with other
nations in their EEZs, like we mentioned, off of Africa or the
Pacific Islands.
So if we had more Coast Guard, could we do more patrolling?
Absolutely. We're optimistic that the increased range, reach,
and endurance of the Fast Response cutters, as well as the
offshore patrol cutters, will give us more capability per hull
so we can get after this threat.
Senator Nelson. So, Ambassador Balton and Dr. Doremus,
climate change and sea level rise are already changing
ecosystems and that forces fish populations to move. Some
islands in the Pacific may even be close to underwater in
another 30 years.
What is it going to mean for sustaining the fish
populations and being able to get to them?
Ambassador Balton. Senator, it's going to be bad news. As I
think Senator Sullivan mentioned already, there's evidence that
the warming sea surface temperatures are pushing at least some
fish stocks from tropical areas toward the poles. We've seen
fish showing up in waters off Alaska that are not typically
there and stocks even pushing up into the Arctic Ocean for the
first time as the Arctic Ocean melts.
The sea surface temperature warming is not the only
stressor connected to climate change. There's also
acidification, coral degradation, other types of marine
pollution. So the oceans are facing a variety of challenges and
they need all of which need to be addressed if we're going to
achieve sustainability.
Senator Nelson. Doctor?
Dr. Doremus. Senator, thank you for your question. We can
devote considerable scientific effort to understanding
ecosystem dynamics, how these ecosystems are changing, how
changes in ocean conditions are affecting the distribution of a
variety of living marine resources. These are very complex
dynamics.
They're very hard to predict; but we are dedicated to
understanding and trying to respond through science-based
advice to our management system through the Regional Fisheries
Management Councils as aggressively as possible to changing
conditions, population size, and distribution and what that
means for management decisions and the use of those resources.
Long term, in terms of global fishing supplies, the comment
has been--the observation has been made during our proceedings
that there are extraordinary pressures for increased seafood
consumption, demographically driven pressures, and one of the
additional things that we think should be considered, the
ability that exists now, and possibly in greater measure, to
take advantage of the cultivation of fish through aquaculture
techniques to be able to meet some of those supply needs in the
future. It can be done sustainably. That might help with the
problem, but long term, yes, sir, there are many changes that
we need to respond to that are making the whole equation a lot
more complicated.
Senator Sullivan. Senator Inhofe.
STATEMENT OF HON. JIM INHOFE,
U.S. SENATOR FROM OKLAHOMA
Senator Inhofe. Thank you, Mr. Chairman.
I often say, Dr. Doremus, back when I enjoyed life I was a
builder and developer in an area around South Padre Island,
Texas. That's a long ways from Oklahoma, but nonetheless I
spent a lot of time down there. So I've watched over the years.
What I want to do is get you to expand a little bit more on
Senator Wicker's questioning. I've seen times when the red
snapper population was great and would go up and down and now
you folks got in there and I think have been doing a very good
job recently. Recently I was down there, that was when they
actually lifted the restrictions they had on fishing for red
snapper in that area and it's had just a great--really a great
improvement.
One of the problems, though, was with the Mexicans that
were coming up and were mass fishing in different ways that
were really very harmful. In fact, a lot of them, they were
actually just killing a lot of the red snapper because they'd
use the nets. They'd disappear. That was really a serious
problem. So I assume at one point you put some restrictions on
Mexican fishing in those waters and then lifted those
restrictions later, or have they been lifted? Explain the
process. What do you go through when you make a determination
that you need to do something to enhance the fish population,
using red snapper as an example? What indications are there
when you restrict some of the fishing? What's the process? What
do you go through?
Dr. Doremus. Thank you, Senator. I think the overarching
basis for all of our management decisions and our collaboration
with the states on red snapper is based on our assessments of
the population size and distribution of red snapper and how
that would affect our ability to set different guidelines for
the allowable catch through different segments of the red
snapper industry.
The presence of illegal fishing by launch activity from
Mexico complicates the matter considerably. It undermines the
conservation-based measures that are taken through the Gulf
Management Council primarily for red snapper and corresponding
state efforts.
So we collaborate very closely with Coast Guard on
identifying and trying to enforce proscribed fishing activities
by those that are not licensed and authorized to fish in or
fish outside of our regulatory system.
We provide that information to the Government of Mexico and
we work very closely with them to understand how they respond
through their domestic laws to----
Senator Inhofe. Do you get cooperation from the Mexican
Government?
Dr. Doremus. Yes, we have, sir, and that is improving on a
regular basis, and we feel it is moving in a positive
direction, continued sharing of information, continued
verification of practices that the Mexican Government is
embarking on will be key to our future success.
Senator Inhofe. Well, anyway, whatever you have been doing
is really recent and I wonder if you made any changes at that
time. My concern is that we know firsthand about the problems
of the Mexicans coming in and not complying with our rules,
which I think our domestics pretty much do. Admiral Abel,
you've got a big operation down there in that South Padre
Island. I've been very familiar with it for many years. What's
the process that would involve you to start looking to try to
find illegal methods of catching fish by Mexican nationals?
Vice Admiral Abel. Senator, I appreciate the question. This
year, we've seen some record-breaking incursions. We're up to
50 already, which exceeds last year. So we've seen a lot more.
We've stepped up aviation patrols, which then helps the
Fast Response cutters get there on scene. Typically, what
happens is the vessel is taken to Station South Padre Island.
The crew is taken off and handed over to the CBP. They're
interviewed for any information that we can get from the crew.
The way the catch is stored on vessel means it cannot be
consumed. That is actually destroyed at sea. We wait 45 days
for the Mexican Government to ask for their vessel back, 20
years they've never asked for one back, and then the vessel is
destroyed. So that is the process we go through but we're
seeing increasing levels. But I do know, and I think in 2015
and 2017, Mexico was labeled an IUU country through sanctions.
Senator Inhofe. What does that mean, IUU?
Vice Admiral Abel. I'd defer to the doctor as far as what
that means internationally, but we've documented enough of
these cases that it put them on this list.
Senator Inhofe. Well, it does seem to be working, and I'm
familiar--I've actually talked to some of the people in your
shop down there, and I'm interested in how they coordinate with
NOAA and I think you're doing a good job.
The other thing I didn't have time to ask, I will just ask
something for the record, because I'm concerned about the rider
agreements. I don't quite understand how that works,
particularly the agreement we have with China, which there has
been concern voiced already, but the Chairman and I were in
South China Sea. We were watching what's going on with the
development of the Seven Islands and the fact that when you
know what's going on there, you can't come to any conclusion
other than they're preparing for World War III and so any time
we have something like this agreement, it's kind of scary to
me.
So I'd like to have you maybe for the record get something
back to me on what we can do to avoid problems with countries
like China when they're given that opportunity to be in
agreement with us.
Good. Thank you.
Senator Sullivan. Senator Cantwell.
STATEMENT OF HON. MARIA CANTWELL,
U.S. SENATOR FROM WASHINGTON
Senator Cantwell. Thank you, Mr. Chairman, and thanks for
holding this important hearing. I've followed the comments of
our witnesses, but I want to go back to the issue as it relates
to fisheries enforcement and the need in determining cutters
and where they go.
This is such a vital aspect of what we're doing in the
Pacific Northwest and I know you still have decisions to make.
Is the Pacific Northwest mission important in those
considerations and in determining where the rest of the cutters
will go?
Vice Admiral Abel. Senator, absolutely. As you know, the
offshore patrol cutters, the first four we have decided are
going to the West Coast, two will go up to Kodiak, Alaska, two
will be down at our base in San Pedro LALB, and we're looking
at where the next will come.
We have a five-part test where we decide where cutters
should go. The first is logistics. The engineers would love to
have all the ships together because then you get common
maintenance, spare parts, logistics, shore facilities, and the
operators.
The second part, of course, would like the opposite. They
want to disburse. They want to put them where the mission is,
minimize transit time, and make sure you're where the work is.
Next is port. Will the port support it? Does it require
dredging, peer interface? People is the next one, spouse
employment, schools, available housing, costs of living, and
the last part is the environmental impact to make sure we're
good there. So that five-part test, we're just beginning to
embark on hulls five and six as far as where they will be based
on the West Coast, Senator.
Senator Cantwell. Thank you. But fisheries enforcement is
not being met and obviously we want to make sure that that is
considered. That's part of this hearing, is how are we going to
make enforcement work better and having the resources to do so.
It's great that witnesses have been able to articulate about
what you can do with Fast Response and we agree and I'd also be
remiss if I didn't mention obviously expanding the Arctic
mission writ large with icebreakers. We want to make sure that
the Coast Guard continues to expand in the Pacific Northwest
and the Arctic.
We think this is a very, very important issue. I don't know
if you have any thoughts on that.
Vice Admiral Abel. Ma'am, the presence in the Arctic is
critical and where we stand right now is very fragile. We have
one and a half icebreakers and I hate saying the Healy is a
half but it's a medium icebreaker. She doesn't give us assured
access year-round to where we need to be.
The Coast Guard is committed to six icebreakers. At least
three of those must be large icebreakers and we need one right
now, and we certainly look forward to getting the funding that
we're seeking and awarding that contract and getting that ship
online by 2023 and giving some relief to the Polar Star that
has served the watch well. She's going to go through a service
life extension program in between her annual requirements,
which puts us at risk, but our nation has to invest in this
national asset, this polar security cutter.
Senator Cantwell. Thank you. I couldn't agree more. I want
to ask about stock assessments, too, and, Admiral Balton, I
would ask our Deputy Assistant at NOAA, I know sometimes
they're caught in what they can and can't say.
Do we need more money for stock assessments and helping us
manage fisheries? To you, Admiral Balton?
Ambassador Balton. I may not the best person to answer
that. My sense is that relative to most other countries, we do
a very good job assessing stocks in U.S. waters. We probably
have some of the best science on which to base fisheries
management measures here in the U.S.
It's true nationwide but I would say particularly in the
Pacific Northwest and off Alaska, I think some of the very best
fisheries management in the world takes place around there.
Would the scientists and the fisheries managers in the U.S. do
an even better job with even more money to do better
assessments? The answer is yes, probably that's true. Is that
the best use of some added dollars if your concern is a
worldwide one? Probably not.
Senator Cantwell. I heard what you said earlier about the
worldwide issue, and I'm a huge supporter of what you said. I
think this protein problem is real and one of the easiest
layups would be to get the U.S. more involved in helping with
better fisheries management around the globe.
In fact, I was able to convince the Chilean Government to
come to the University of Washington and hear about the
Magnuson-Stevens Act and understand exactly why we're so
successful in the Northwest in fisheries management. So I agree
wholeheartedly.
Now we probably have a pretty robust debate here in
Congress about what the United States' role should be in doing
that. You know, I wish someone would help us. I actually think
it is meaningful for a lot of political reasons, as well as for
stability within regions, but there's nothing that says we
can't upgrade Magnuson-Stevens to even more scientific
information about stock assessments here in the United States.
So I guess I would like to have both of those goals met
because I think that the challenge that you all have
articulated as it relates to our oceans, very important that we
come up with more science and data to help drive us.
So thank you very much, Mr. Chairman.
Senator Sullivan. Thank you, Senator Cantwell.
Senator Blumenthal.
STATEMENT OF HON. RICHARD BLUMENTHAL,
U.S. SENATOR FROM CONNECTICUT
Senator Blumenthal. Thanks, Mr. Chairman. Thank you all for
being here today.
Mr. Doremus, you're in charge of enforcement of the
Fisheries Management System, correct?
Dr. Doremus. Yes, sir.
Senator Blumenthal. I know you have a connection to
Connecticut.
Dr. Doremus. I do, indeed.
Senator Blumenthal. So we appreciate your public service
and your allegiance to Connecticut and----
Senator Sullivan. I'm not sure he stated any allegiance to
Connecticut, just for the record, but if you want to question
him on that, you can do that.
Senator Blumenthal.--he doesn't have to state it. I can see
it in his face.
Senator Sullivan. There you go.
[Laughter.]
Senator Blumenthal. But in all seriousness, as you may
know, the fishing industry in Connecticut is still vibrant and
active but increasingly threatened by a system that appears to
most of our fishermen as a cruel and irrational, sometimes
ridiculous, joke in their view and there's a lot of evidence to
support it.
Quotas on their fishing are enforced. They are compelled to
throw back perfectly good fish that they catch as a result of
quotas that are based on totally obsolete, out-of-touch limits.
They are out-of-touch and obsolete because the fish stocks have
moved with water temperatures changing. The changes in water
temperatures are due to climate change, a factor out of their
control, and so they have to obey quotas and limits set by a
system that's enforced against them when abroad the fishing
industries of other countries are permitted to catch basically
whatever they want, even though there may be rules, there may
not be.
The fishing fleets of other countries essentially are free
to operate with impunity and are lawless. So we are decimating
our fishing industry with a system that seems obsolete in its
limits and constraints, although we share the view that over-
fishing is a bad thing, and yet they are competing with fishing
fleets abroad that seem to be immune from any real enforcement
or penalties. That's their view of the world and, frankly, it's
my view of the world right now.
So what do we do about that kind of system?
Dr. Doremus. Thank you, Senator. This is a very complex
issue. I think at root in terms of the issues that you're
observing in the Northeast, there are fundamental challenges to
responding quickly to the science and the changing distribution
of stocks.
Our Fishery Management Councils and our Science Centers and
our entire science enterprise is working very aggressively to
improve our ability. I think in the end of the day, maintaining
the rigor and our science-based management decisionmaking
process is the best way to address that.
Senator Blumenthal. But when you say--and I apologize for
interrupting, but as you know, our time here is limited. When
you say changing quickly, the question is whether there are
changes at all. It's not quickly. It seems like it's stuck in
some kind of bureaucratic morass, and I recognize there are
fishery councils.
Isn't there a fundamental problem with this system under
the Magnuson-Stevens Act?
Dr. Doremus. In terms of the rapid changes I was referring
to, environmental changes that are, I think, putting a lot of
pressure on the system, I think structurally it is a sound
system.
I speak regularly with our Fisheries Management Councils,
with our science community. They understand the challenge of
responding quickly. We are seeing unprecedented changes in the
populations that we monitor, their size, their distribution,
and, yes, sir, we need to get better at the management side
responding to those changes. It is a very large problem and
it's particularly evident in the Northeast.
On the international front, I think the range of activities
and focus areas that have been identified through this hearing,
working with other nations to build their ability to detect,
enforce, and prosecute illegal fishing is the long-term order
of the day. We will continue to work on that through our
capacity-building efforts, through our work in international
fisheries management organizations of various types, and with
our other agency partners who share responsibility for a rules-
based system on an international scale.
I do think, as Ambassador Balton recognized, U.S. generally
does set the standard for science-based management. Yes, we can
improve it, and I think we can do more to help the rest of the
world kind of achieve a similarly high bar for sustainable
management, particularly as there are such great pressures
environmentally and demographically on wild fish resources.
Senator Blumenthal. Well, thank you. I appreciate that the
system is complex, but it's really hammering our fishing
industry in the Northeast--it's Connecticut, it's
Massachusetts, because it's completely stuck. It's not
responding to the scientific changes that are occurring.
You've said they are occurring rapidly. I would agree with
you, but the system isn't responding rapidly and that is having
a real-life impact on people's livelihoods and on the health
and welfare and economies of Northeastern states, like
Connecticut, Rhode Island, and Massachusetts.
Thank you, Mr. Chairman.
Senator Sullivan. Thank you, Senator Blumenthal.
And as this Committee works the reauthorization of the
Magnuson-Stevens Act, trying to address some of your concerns,
which you've raised consistently on this committee, we
certainly want to try and work with you on that.
Just a couple additional questions and points. You know,
you may have noticed a lot of members on this Committee
actually have an overlap with the Armed Services Committee;
several of them, including the Chairman of the Armed Services
Committee, Senator Inhofe, and Senator Wicker chairs the
Subcommittee on the Navy and the Marines. I chair the
Subcommittee on Readiness, and just a couple points, Admiral,
in particular.
You know, the NDAA the President signed this past year,
does call for the authorization of six additional icebreakers,
and I think that's exactly what the Coast Guard wants. So
that's in the NDAA. It's in the law now. We, of course, have to
fund it.
Second, your point on perhaps a permanent deployment of a
cutter to the South China Sea, I think it would be important to
brief this Committee and the Armed Services Committee. It's an
important area, no doubt, but as you know, we also believe
there's a lot of demand for the Coast Guard assets in our own
waters and I for one would question the wisdom of a permanent
deployment of a Coast Guard vessel to the South China Sea when
the Navy, in my view, can be doing the job out there but maybe
you and the Commandant can brief this committee and the Armed
Services Committee on that, if you're looking to do that.
Again, I think I certainly would have some questions about
that, but let me get back to just a couple final questions. We
have a vote here in a couple minutes, so we're going to have
wrap up.
But, Ambassador Balton and really for all the witnesses
here, you're hearing a bipartisan skepticism from a number of
members and I think frustration with regard to this dichotomy
that although our system isn't perfect, we're certainly trying
to do a rules-based system within our EEZ.
We do it pretty darn well, although there are challenges.
We do it according to science and data, and then we have other
countries, China, Mexico, you heard a lot about today, outside
the EEZ that are just rampaging globally, and even trying to
get within our zone.
So it's frustrating because we think we're doing the right
thing and others are not abiding by the rules and we don't have
enough enforcement assets.
What are some of the international accords and agreements
that the United States is a party to or leads in that help us
with this challenge, which is the challenge of other countries?
Obviously you can have an EEZ that's well managed and
sustainable but, you know, the fish don't pay attention to the
200-mile zone. They're all over the ocean.
Are there gaps in the international agreement regime that
can help us or if countries who are international partners just
don't want to play and kind of do a double-faced/two-faced
approach to this, is that just going to be a continuing source
of frustration? What are your thoughts on that? I'll open that
up to any of the witnesses.
Ambassador Balton. Thank you, Senator. I guess I'd start by
saying the situation may not be quite as bad as you outline.
There are a lot of other countries who do a good job in
fisheries management and have proven to be good partners with
the United States.
Senator Sullivan. Yes, and I think that's a good point, and
I appreciate you highlighting that.
Ambassador Balton. The other thing I would say is that
things have actually gotten better at the international level
over the course of my time doing this, basically the last
quarter century. We now have a better international system, a
series of international agreements that are linked,
international organizations that are working together more
effectively on this. I'm not saying the system is perfect. I'm
not saying it's even necessarily good, but it's certainly
better than it used to be, and it does give us a series of
tools to use.
One that I highlighted in my testimony I'd like to come
back to since you asked is this thing called the Port State
Measures Agreement. Every fish caught at sea must be landed
somewhere to enter the stream of commerce and this agreement
requires parties to prohibit the landing or trans-shipment in
their ports of illegally caught fish.
If properly implemented, this would go a long way toward
helping at least with the IUU problem. There's a lot more I
could point to but those are things that come to the top of my
mind.
Senator Sullivan. Thank you. Anyone else just on that?
Doctor?
Dr. Doremus. Senator, I would be happy to comment a little
bit, and I do fully agree with the observations made by
Ambassador Balton.
I would add to that a key element of this is our ability to
work with other countries in building their capacity to detect,
enforce, and prosecute illegal fishing behavior within their
own EEZs. That's where a considerable amount of IUU fishing
takes place, through that, plus the strengthening of the Port
States Measures Agreement, on an international basis.
We'll do a much better job than we are and it's
progressively improving, I think, over time.
Senator Sullivan. So you think it might be more of an issue
of lack of capacity as opposed to lack of good intentions?
Dr. Doremus. I think that that's the considerable part of
the problem, yes.
Senator Sullivan. OK. Good. Admiral, any thoughts on this?
Vice Admiral Abel. As far as helping other nations enforce
their own EEZ, is that your question, Senator?
Senator Sullivan. It's just whether we have gaps on the
international regime that addresses a frustration that we have,
which is: we seem to be playing by the rules but not all other
countries do.
Vice Admiral Abel. I think helping other nations with their
capability and capacity to enforce their own EEZs is critical
to this and let me just clarify, sir. The ask from INDOPACOM is
for the Coast Guard to do some work for them. There has been no
decision to have a permanent presence in the South China Sea. I
look forward to briefing you on the Coast Guard work and the
DoD work that we'll be doing for INDOPACOM.
Senator Sullivan. Great. Thank you. Dr. Athreya, any
thoughts on this last question from me?
Dr. Athreya. Thank you, Senator, and just coming back to
the human trafficking front, one of the things we observe is
that it is in fact not just lack of capacity but also lack of
political will on the part of governments to enforce actions to
address criminalities, including human trafficking, and so from
our perspective, we are interested in the challenge of the
jurisdictional issues and there's a big gap there in terms of
when you identify victims, whose responsibility is it to follow
up on the crimes.
The other big problem, which we are supporting and other
U.S. agencies are supporting some work to address, is the
financial enablers, right. We don't--jurisdiction is one thing
when you're talking about the vessel itself. Who are the other
enablers in terms of the financial intermediaries, the shell
companies that sometimes own the vessels?
So, you know, we think there's actually a big gap and
actually our colleagues at State Department's Office to Combat
and Monitor Trafficking in Persons are doing some excellent
work to support initiatives to do more research on the legal
gaps.
Senator Sullivan. Great. Thank you for your work in all
these areas. It's really important.
Senator Baldwin.
Senator Baldwin. Thank you.
You actually just touched on my question in terms of the
human rights enforcement and labor trafficking enforcement. So
I'm going to try to combine two questions into one.
My last question was about future demand for fish with a
growing population as well as a population that is consuming
more of their protein with fish and seafood.
Dr. Athreya, your explanation of how the environmental
impacts that are challenging our fisheries and the human rights
work, together--in terms of longer trips at sea and increased
isolation was very descriptive and very helpful for me to
figure out.
I would think those two factors would really collide to
make these problems worse in the coming years and decades.
So I kind of wanted to ask this to the entire panel.
Depleted fisheries or unsustainable level of fishing in an area
can result in these fishermen and industries putting fishing
industry resources, such as vessels and certainly ports to
other uses, including illegal ones and including forced labor.
I want to figure out how you work together and cooperate to
more effectively prevent participation in these criminal
activities to compensate for the lower fish yields and how do
you perceive your organization's role in mitigating these
threats? Let's start with you, Admiral Abel.
Vice Admiral Abel. Thanks, Senator. Certainly complex
question. Some of the ideas that you have in the SAFE Act as
far as better collaboration of the whole of government, some of
the things that are already going on, I think it's
institutionalizing that and making that formal is certainly a
good thing, but as you mentioned, this is a national problem
and international problem.
We have to work within non-governmental agencies, science,
because it's a world challenge that we have to deal with here,
and I think by national agreements, working with other nations
to enforce their EEZs, and the fact that we get to a point
where nation states respect nation states and sovereignties are
protected. I'm also concerned, as far as the national security
issue of a $20 billion illegal enterprise that those funds
certainly are going to activities that could threaten our
nation, as well.
So sovereignty issues are a concern. You mentioned protein,
security, food security is a concern particularly these fragile
nations that we need to work with and the last one is the ill-
gotten gains from $20 billion of this illegal activity. I think
all three of those are national security issues and we need to
view it as such.
Ambassador Balton. Not much to add, Senator. You are right
and as others have testified, there is a link between vessels
engaged in illegal fishing on the one hand and other types of
wrong-doing at sea, migrant trafficking, human trafficking,
drug trafficking, piracy. I think the whole of government
approach that is embedded in the Maritime SAFE Act is a good
concept to pursue.
Dr. Athreya. Thank you so much, Senator, for the question,
and our approach to ending this sort of vicious cycle of ships
going out further, fish being more expensive to catch, and
therefore you've got to cut costs somewhere and you do it by
essentially using slave labor.
I mean, the answer to that is to create a virtual spiral in
our view and so USAID as a development agency, what we're
trying to do is to really say, and I think many of your
colleagues on the panel today have raised this as have my
fellow panelists, we have good examples of effective fisheries
management.
How do we take those examples and build the capacity of
governments that have an interest in sustainable fisheries
management and how do we then make that a source of decent
employment, decent work for folks, so that kind of interrupts
the vicious cycle of continued depletion of resources,
continued exploitation of people by providing viable,
sustainable alternatives in the long run?
A couple of other things I'll say. It really is very
important to us because, you know, USAID has a particular role
again in sustaining these positive solutions to problems--very
important to us to be working with our colleagues across
government on law enforcement efforts because we also need to
build the capacity to again disrupt criminal behavior and that
is something that we can best do by working with our partners
in other agencies to see what we can do.
What our partners around the world can often do is bring
the human intelligence. We work with grassroots community-based
organizations. We work with RFMOs. They may see the problems
happening and not know how to bring them to the attention of
law enforcement officials to address. So that's another piece
that we continue to contribute over time, and thank you very
much for the question.
Dr. Doremus. Thank you, Senator. I can only accent the
observations already made about tackling the broad problem of
illegal, unreported, and unregulated fishing. I think we have a
lot of the mechanisms and it's this continued commitment to
collaboration across Federal agencies and steady and continued
work with other countries to reduce that type of behavior.
You prefaced your question with a very compelling and
comprehensive observation that seafood supply is not meeting
demand and on a global basis, while output from wild captured
fisheries has been flat for over 20 years now and the increase
in demand has been met through farmed products, largely
produced in other countries. We have a robust domestic
aquaculture industry; largely shellfish, very little fin fish.
So I do think to address that very, very large question of
supply that you raise, it is a food security question long term
on a global basis.
We need to get more in the game of sustainable aquaculture
production, both domestically as well as through international
bodies and the private sector where they're setting very high
standards and enforcing standards for sustainable production of
farmed fish, very much the same as we do in the wild capture
world, with our commitment to science-based sustainable
fisheries management.
Senator Sullivan. Thank you. And just on that last point,
we want to make sure that that approach is also sustainable and
non-harmful to the wild stocks, which are so important in my
state.
Dr. Doremus. Absolutely, Senator. We need to be very
cognizant of that.
Senator Sullivan. Well, listen, this was a really
informative hearing. I want to thank all four of our witnesses.
The record will remain open for two weeks. During this
time, Senators may submit questions for the record. Upon
receipt, the witnesses are respectfully requested to submit
their written answers, we had some requests already from some
of the members, to the Committee as soon as they are able.
I want to thank the witnesses again for appearing on this
very important topic. We've got a lot of work to do but I
think, as most people recognize, there's a strong bipartisan
interest in getting some solutions to these complex problems.
This hearing is now adjourned.
[Whereupon, at 12:09 p.m., the hearing was adjourned.]
A P P E N D I X
Response to Written Questions Submitted by Hon. Edward Markey to
Hon. David Balton
Question 1. The East Asia and Pacific region is rife with IUU
fishing and associated challenges. According to the Global Slavery
Index, ten countries in the Indo-Pacific, including China, have either
a ``high-'' or ``medium-risk'' of using modern slavery in their fishing
industry--more than any other region. Additionally, a recent Human
Rights Watch report noted that Thailand's high-seas fishing fleet is
widely reported to use forced labor and engage in labor abuses
including beatings and even murder.
In the South China Sea, IUU fishing continues to be a significant
problem, exacerbating existing and sometimes-violent sovereignty
disputes. Geopolitical instability, along with growing human
populations and declining fish populations, are likely to make the
situation even worse.
How have you seen IUU fishing exacerbate regional instability in
this region and around the world? Can you provide some examples?
Answer. I believe that IUU fishing is primarily an economic and
environmental problem. I am nevertheless aware that some of the same
vessels that engage in IUU fishing activities also use forced labor and
engage in other crimes. The nexus between IUU fishing and these other
illicit activities provides yet another reason to tackle the problem.
IUU fishing can also contribute to regional instability. In the
South China Sea, instability arises mostly from conflicting claims of
several nations to sovereignty over various islands and other land
features, which in turn creates conflicting claims to sovereignty,
sovereign rights and jurisdiction with respect to the waters
surrounding these islands and other land features. IUU fishing can
thrive in such situations, where nations dispute each other's authority
to adopt and enforce fishing rules. Where IUU becomes rampant, fish
stocks are at much greater risk of depletion, causing economic hardship
and environmental damage, and further exacerbating regional tensions.
Question 2. Given your experience with international negotiation on
these matters, how do you think that the U.S. can best work with other
nations to help address IUU fishing and reduce this threat to regional
stability?
Answer. Over the past 20 years, the United States and other nations
have developed a variety of tools with which to combat IUU fishing. For
example, following the adoption of the 2001 International Plan of
Action to Prevent, Deter and Eliminate IUU Fishing, the Food and
Agriculture Organization of the United Nations (FAO) issued Technical
Guidelines designed to assist States, individually and collectively, in
this effort. (See FAO Fisheries Department, FAO Technical Guidelines
for Responsible Fisheries, No. 9 (2002)).
More recently, the Port State Measures Agreement (PSMA), a treaty
that entered into force in 2016, has given nations a potentially
powerful instrument in this regard. As I outlined in my written
testimony, I recommend that the United States should at this stage:
Encourage more States to join the PSMA, particularly
developing States whose ports are used often by vessels for
landing, transshipping, packaging and processing fish. Some
significant States that currently remain outside the PSMA are
China, Brazil and Mexico.
Contribute further expertise and resources to developing
States, directly and/or through the FAO, both to help those
States that are already parties to the PSMA implement its
requirements and to encourage other developing States to join
and implement the PSMA.
Support FAO in creating a global mechanism to facilitate the
exchange and publication of information relating to the PSMA,
which will, among other things, help States determine whether
particular vessels seeking entry into their ports have engaged
in or supported IUU fishing.
______
Response to Written Question Submitted by Hon. Edward Markey to
Dr. Bama Athreya
Question. The East Asia and Pacific region is rife with IUU fishing
and associated challenges. According to the Global Slavery Index, 10
countries in the Indo-Pacific, including China, have either a ``high-''
or ``medium-risk'' of using modern slavery in their fishing industry--
more than any other region. Additionally, a recent Human Rights Watch
report noted that Thailand's high-seas fishing fleet is widely reported
to use forced labor and engage in labor abuses including beatings and
even murder. Can you describe how IUU fishing and forced labor are
intertwined? By addressing one, will we help to address the other?
Answer. Globally, the marine capture fishery is estimated to
legally employ over 30 million fishers, who work aboard 4 million
fishing vessels; if IUU-caught products are equivalent to approximately
20 percent of the legal catch, this suggests that the crews involved in
IUU fishing likely number in the thousands or more. IUU fishing vessels
are inherently operating for financial gain, and seek to avoid costs
associated with license fees, ship maintenance, and minimum standards
of crew treatment, safety and sanitary conditions. Further, recent
research highlights that crew on IUU fishing vessels work under
conditions that are consistent with the ILO definition of forced labor,
and are subject to egregious human rights abuses, including excessive
working hours (e.g., 18-20 hours/day), physical abuse, lack of food and
water, coerced indebtedness, abandonment in remote locations, and in
some instances, murder.
The self-perpetuating cycles among fisheries declines, increases in
forced labor, and broader community conflicts have been documented in
academic research. The interconnected relationships between human
rights abuses, illegal fishing, and degradation of marine resources
highlight the benefits of an integrated approach in responding to these
issues.
Currently, weak fisheries management has resulted in stock
depletions and sector instability. In some cases, this has led small-
scale fishers to join the crew of larger vessels, leaving them more
vulnerable to trafficking. In other cases, depletion has pushed fishing
vessels farther offshore, increasing fisher isolation and vulnerability
to labor exploitation and abuse.
Forced labor contributes to over-fishing and creates economic
disadvantages for companies and fishing families that play by the
rules. When we take actions to reduce forced labor in fisheries, it
will help strengthen fisheries management and contribute to improved
food security, stronger livelihoods and biodiversity conservation.
We are better able to identify both illegal labor and harvesting
practices when seafood supply chains are transparent. Weak rule of law
and opaque supply chains open the door to forced labor and illegal
harvesting practices in fisheries. Increased transparency in the supply
chain helps us design more efficient interventions to reduce human
rights abuses, conserve fisheries and identify and target criminal
networks.
Traceability systems are a common approach used to ensure the
legality of natural resource products, such as fish and timber, and the
labor conditions under which various commodities are produced (e.g.,
agriculture and clothing). Demand for fisheries catch documentation and
traceability by governments and industry is growing, and we are
currently building partnerships to support and promote integrated
traceability systems that could have significant impacts on issues of
both human rights and the sustainability of fisheries. Our Oceans and
Fisheries Partnership and Seafood Alliance for Legality and
Traceability, which we described during the hearing, are examples of
how USAID is investing in better transparency and traceability in this
sector.
We know that strong fisheries management helps sustain fisheries
resources and provide decent livelihoods for fishers. For example,
working with fishers to replace destructive gears and adopt more
ecologically sound approaches, the ECOFISH project in the Philippines
resulted in a 24 percent increase in fish biomass over an area larger
than the size of Connecticut compared to unmanaged areas. We also
helped establish registration and licensing schemes in the municipal
fisheries sector in the Philippines to act as a key deterrent to IUU
fishing--1.6 million municipal fishers have registered.
______
Response to Written Questions Submitted by Hon. Roger F. Wicker to
Dr. Paul Doremus
Question 1. How does NOAA and the Coast Guard enforce the use of
Automated Information Systems (AIS) on fishing vessels, and what are
the current gaps in vessel tracking (ex: vessels going dark)?
Answer. Vessels, including fishing vessels, 65 feet or more in
length operating within U.S. waters are subject to AIS carriage
requirements under regulations promulgated and enforced by the U.S.
Coast Guard.
AIS comes with some inherent gaps with regard to vessel tracking
for law enforcement purposes. AIS was developed in response to the
Maritime Transportation Security Act of 2002 as an anti-collision and
Safety of Life at Sea (SOLAS) tool. Thus, AIS was originally designed
for ship-to-ship communication and not designed for vessel tracking.
Thus, there are concerns that using AIS to track fishing vessels will
result in IUU fishing operators powering off their units,
misrepresenting their reported locations, or falsifying their reporting
vessel identification information, potentially jeopardizing the
system's purpose and primary function as a safety-at-sea measure.
Furthermore, each nation sets its own AIS requirements for vessels in
the Nation's exclusive economic zone, complicating efforts to use AIS
for vessel tracking.
Question 2. What can be done to improve the tracking of vessels for
purposes of monitoring IUU fishing?
Answer. Requiring vessel identification information to be pre-
programmed into an AIS unit by the manufacturer, while eliminating the
option for the operator to adjust the identification field once it has
been assigned, would reduce the ability for vessels to falsely report
their information.
Intergovernmental organizations, such as regional fisheries
management organizations, have made progress in implementing measures
that encourage, and in some cases require, vessels to obtain an
International Maritime Organization (IMO) number, a number that is
designed to remain with a vessel from its time of launch until its
scrapping. While some IUU fishing operators have been known to falsify
these numbers, IMO numbers are considered the most consistent,
tangible, and uniformly applied vessel identifier. Therefore, attempts
at subterfuge could be less effective in an international environment
if IMO number requirements were expanded to include most commercial
fishing and fishing-support vessels. The launching of the United
Nations Food and Agricultural Organization's Global Record of Fishing
Vessels, Refrigerated Transport Vessels and Supply Vessels, and the
development of several regional counter-IUU fishing networks, where
national vessel registry information and alerts of known and suspected
IUU fishing activity are shared, have also enhanced the availability of
vessel information globally and increased transparency on vessel
activities.
Question 3. Are there other forms of technology available that
would be better suited for vessel tracking that are not being used or
are underutilized, and if so, why?
Answer. NOAA is working with other Federal partners to evaluate the
effectiveness of other satellite-based technologies for use in the
detection of IUU fishing activity. While some of these technologies can
provide ``indicative'' information that fishing activity may be
occurring, they generally cannot provide stand-alone evidence of IUU
fishing.
NOAA is also exploring the use of Unmanned Aerial Vehicles (UAVs)
as a means to enhance patrol efforts in specific areas for maritime
domain awareness and enforcement. NOAA is currently working with other
agencies to assess what increases in visibility already-deployed UAV
assets can provide as well as the costs and time commitment needed to
deploy them.
______
Response to Written Questions Submitted by Hon. James Inhofe to
Dr. Paul Doremus
Background: The National Oceanic Atmospheric Administration (NOAA)
has worked extensively with the recreational fishing community to
rebuild the red snapper population in the Gulf of Mexico. Studies have
shown stock has tripled over the last 10 years--as of May of 2018 the
red snapper was removed from the overfished status list.
I am proud to see the work that NOAA has done, but the United
States is not the only country on the Gulf Coast. My understanding is
that in the 2015 and 2017 Biennial Report to Congress for IUU fishing
Mexico was decertified for illegal fishing and restricted from using
U.S. ports, but now Mexico has been recertified.
Question 1. Can you explain the current efforts that NOAA is using
to prosecute illegal fishing activities and the process NOAA used to
recertify Mexico for fishing in the Gulf of Mexico?
Answer. Mexico was identified for IUU fishing in the 2015 Report to
Congress and negatively certified for failure to adequately address the
issue (and re-identified for more recent cases) in the 2017 Report to
Congress. For reasons described below, Mexico was positively certified
in April 2018.
Once a nation is identified under the High Seas Driftnet Fishing
Moratorium Protection Act, the United States enters into a two-year
consultation process to encourage that nation to take appropriate
corrective measures to address the IUU fishing issue for which it was
identified. To warrant a positive certification, a nation must provide
documentary evidence that demonstrates the corrective action taken by
the Nation. For IUU fishing violations that include foreign fishing in
U.S. waters (such as the case with Mexico) or fishing in violation of
international measures (such as violations of regional fishery
management organization conservation and management measures), the
United States seeks documentary evidence that falls into two broad
categories: enforcement action or adoption or revision of laws to
enable effective action to combat IUU fishing in the future.
Specifically, evidence could include:
Charging documents showing the fines levied for the
violations;
Documentation showing the requirement for revocation of
fishing licenses and/or forfeiture of catch and gear;
Court proceedings identifying individuals and/or entities
charged, infractions, and rulings; or
New implementing authorities, shown through documentation of
laws and regulations, designed to combat IUU fishing and
addressing the issue for which the Nation was identified,
including measures which provide nations with greater
regulatory authority over their fishing fleets.
In response to its 2015 identification and subsequent negative
certification, Mexico provided a description of measures taken, and
provided the following information regarding each of the identified
cases targeted for prosecution and imposition of sanctions:
Charging documents including: names, copies of individual's
national identification cards, case numbers, mugshots, and
photographs of individuals signing consent notifications;
Court proceedings identifying individuals and/or entities
charged, infractions, and rulings;
Implementing authorities; and
Documents detailing the sanctions levied upon each party
charged.
Upon reviewing these corrective measures, NOAA issued a positive
certification in relation to Mexico's 2015 identification. We are
currently reviewing Mexico's response to the 2017 identification and
will issue a certification (positive or negative) in our 2019 Report to
Congress.
Question 2. What indicators/metrics did NOAA use to determine if
there is actual compliance from Mexico? Is there measurable data to
show they are in compliance?
Answer. Please see the previous answer.
Question 3. Following improved cooperation from Mexico on
prosecution and resulting recertification, has NOAA observed a
significant difference in illegal fishing by Mexican launch as in the
Gulf of Mexico?
Answer. While Mexico has taken corrective action on the identified
incursions into U.S. waters, incursions are still taking place. It may
take more time for the full-expected deterrent effect of the increased
corrective actions taken by Mexico to be realized. NOAA will continue
to closely monitor such incursions into U.S. waters to determine the
effectiveness of the corrective actions taken by Mexico.
______
Response to Written Questions Submitted by Hon. Edward Markey to
Dr. Paul Doremus
Question 1. On January 1, 2018, the Seafood Import Monitoring
Program (SIMP) went live for 11 priority species. The program
establishes a risk-based traceability system for seafood imports in
order to help prevent seafood products from illegal, unreported, and
unregulated (IUU) fisheries from entering the United States. Can you
please provide an update regarding the implementation of SIMP for these
first eleven priority species? Have any seafood products been traced
back to IUU fisheries, and if so, what actions have been taken?
Answer. NOAA worked extensively with the seafood industry over a
year-long implementation period, to support an orderly implementation
of the current regulation for the eleven high-priority species. Earlier
this year, the Seafood Import Monitoring Program (SIMP) was
successfully implemented with no significant disruption to imports of
legally harvested seafood.
Question 2. So far, NOAA has not identified any seafood products as
having originated from IUU fishing activities through SIMP. However,
violations of SIMP requirements, and of requirements under other NOAA
import programs, have been identified and investigations are ongoing in
these cases. Do you think that SIMP is helping to combat IUU fishing on
a global scale? If so, how?
Answer. A key objective of SIMP is to prevent the United States
from serving as a market for IUU-caught seafood, and NOAA believes that
SIMP has prompted industry, as well as the countries from which the
United States imports seafood, to improve documentation of harvest,
transshipment, processing and trade. In our view, these improvements
are helping to disincentivize and deter IUU fishing and seafood fraud
by increasing the possibility that IUU-caught seafood will be detected.
SIMP ensures that U.S. seafood importers take responsibility for the
legal catch and truthful representation of their imports. In addition,
traceability information collected at the time of entry into U.S.
commerce under SIMP has improved sharing and analysis of data among
those relevant regulatory and enforcement authorities for imported
seafood with access to SIMP data--marking a significant step forward
for combating IUU fishing.
The scope and counter-IUU fishing benefits of SIMP will
significantly expand in 2019 with the inclusion of shrimp and abalone
imports, as the United States imports more shrimp than any other
seafood species. On March 23, 2018, President Trump signed into law the
2018 Appropriations Act, which directed the Secretary of Commerce to
lift the stay of effectiveness of the SIMP regulation for shrimp and
abalone within thirty days and to establish a compliance date for
shrimp and abalone of no later than December 31, 2018.
Question 3. President Obama's Task Force on Combating IUU Fishing
and Seafood Fraud called for improved interagency coordination for
monitoring and enforcement against IUU activities, and to develop
collaborative partnerships as part of a global effort against IUU
fishing.Can you describe the importance of a whole-of-government
approach for addressing IUU fishing?
Answer. As a general principle, addressing IUU fishing requires
scientific, regulatory, and enforcement expertise, as well as expertise
from other agencies that necessitates a whole-of-government approach.
Ideally, this starts with scientific efforts to assess stocks and
understand their habitat and life history. Regulatory agencies can then
use this information to determine the appropriate actions needed to
achieve a maximum sustained yield. The resulting regulations are only
effective if there is a monitoring and enforcement regime in place and
backed by a strong legal framework.
In the U.S., at least fourteen Federal agencies implement U.S.
actions to combat IUU fishing and seafood fraud, both domestically and
internationally. Interagency coordination on these efforts have been
managed through an interagency working group on IUU Fishing and Seafood
Fraud, co-chaired by NOAA and State Department. The current whole-of-
government approach enhances inter-agency cooperation, reduces
duplication and conflict in U.S. government approaches to IUU fishing
and expands our influence on these issues by coordination in the
application of available resources.
Question 4. Do you think NOAA's level of coordination with other
Federal agencies is presently sufficient to effectively combat IUU
fishing? If not, could you provide a specific example of an additional
means of interagency coordination that would be beneficial?
Answer. Combating IUU fishing, both within the United States and
abroad, is one of NOAA's core missions that is achieved through strong
Federal partnerships and interagency collaboration. Through
coordination with the U.S. Coast Guard, U.S. Customs and Border
Protection, U.S. Agency for International Development, and U.S.
Department of State, among others, NOAA is proactively engaging to
detect and prevent IUU fishing and will continue to leverage our
partnerships to maximize our ability to maintain a level playing field
for law abiding fisheries. One area for potential growth may be in
further identifying opportunities and implementing mechanisms to share
data relevant to combating IUU fishing and seafood fraud with
interagency partners.
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