[Congressional Record Volume 155, Number 30 (Friday, February 13, 2009)]
[Extensions of Remarks]
[Pages E276-E277]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   INTRODUCTION OF THE ILLEGAL, UNREPORTED, AND UNREGULATED FISHING 
                  ENFORCEMENT ENHANCEMENT ACT OF 2009

                                 ______
                                 

                       HON. MADELEINE Z. BORDALLO

                                of guam

                    in the house of representatives

                       Friday, February 13, 2009

  Ms. BORDALLO. Madam Speaker, today I have introduced a bill to 
strengthen enforcement mechanisms to stop illegal, unreported, and 
unregulated (IUU) fishing. The difficulties of managing fish stocks 
that migrate across political boundaries are exacerbated by the 
increased fishing power now available as a result of modern technology. 
While the United States is recognized for its commitment to domestic 
fisheries conservation and as an international voice in science-based 
ocean conservation, the failure of other nations to adopt similar 
approaches has both economic and conservation implications for U.S. 
industry and management. Additional action is needed from Congress if 
we are to be successful in combating IUU fishing and the depletion of 
fish stocks worldwide.
   Recent reports have documented that IUU fishing accounts for between 
11 and 19 percent of the reported global fish catch, or $10-25 billion 
in gross revenues each year (MRAG, 2005, Sumaila et al., 2006 and

[[Page E277]]

Agnew et al., 2008). This undermines the United States' conservation 
focused approach to fisheries management and the efforts of its 
fishermen, and has implications for sustainable international fisheries 
that benefit the world's marine ecosystems. Unsustainable fishing 
practices by foreign fishing fleets adversely affect stocks that 
migrate between the U.S. Exclusive Economic Zone (EEZ) and the high 
seas. This problem can be particularly acute in places like Guam, where 
the EEZ is vast, and where the United States Coast Guard, despite its 
best efforts, will never have sufficient resources to patrol all of our 
waters.
   There are many ways to address the issue of IUU fishing, including 
depriving fishers of the economic benefits of illegal fishing, 
increasing leverage on nations to effectively monitor and control their 
fishing vessels, and building capacity for enforcement and good 
governance in developing countries, all of which were addressed with 
the 2006 reauthorization of the Magnuson-Stevens Fishery Conservation 
and Management Act (MSA). The January 13th release of the National 
Oceanic and Atmospheric Administration's (NOAA) biennial report to 
Congress of identified IUU nations was a positive first step in 
addressing IUU fishing. Notwithstanding these and other efforts by 
NOAA, the Department of State, and the United States Coast Guard, 
further enforcement authorities could enhance the ability of these 
agencies to address IUU fishing.
   The ``Illegal, Unreported, Unregulated Fishing Enforcement 
Enhancement Act of 2009'', which I have introduced today, will further 
enhance the enforcement authority of NOAA and the United States Coast 
Guard to regulate IUU fishing. This bill would amend the High Seas 
Driftnet Fishing Moratorium Protection Act (HSDFMPA) and other 
international and regional fishery management organization (RFMO) 
agreements to incorporate in them the civil penalties, permit 
sanctions, criminal offenses, civil forfeitures and enforcement 
sections of the MSA. It would also strengthen the enforcement authority 
of NOAA and the United States Coast Guard to inspect conveyances, 
facilities, and records involving the storage, processing, transport 
and trade of fish and fish products, and to detain fish and fish 
products for up to five days while an investigation is ongoing.
   In addition, this bill makes technical adjustments to allow NOAA to 
more effectively carry out current IUU identification mandates, 
including extending the duration of time of identification of violators 
from the preceding two years to the preceding three years. This bill 
also broadens data sharing authority to enable NOAA to share 
information with foreign governments and to clarify that all 
information it collects may be shared with international organizations 
and foreign governments, particularly for the purposes of conducting 
enforcement. These amendments promote the conservation and sound 
management of fish stocks internationally and in a manner that is 
consistent with the expectations placed on U.S. fishermen.
   Finally, this bill would establish an international cooperation and 
assistance program to provide funding and technical expertise to other 
nations to help them address IUU fishing. It authorizes $5 million 
annually from 2010 to 2015 to carry out this program oriented towards 
establishing a coordinated and effective global system to combat IUU 
fishing.
   IUU fishermen are ``free riders'' who benefit unfairly from the 
sacrifices made by U.S. fishermen and others for the sake of proper 
fisheries conservation and management. I look forward to working with 
my colleagues on both sides of the aisle to advance this important bill 
through the legislative process.

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