[Congressional Record Volume 158, Number 31 (Tuesday, February 28, 2012)]
[Extensions of Remarks]
[Page E269]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  THE ILLEGAL, UNREPORTED, AND UNREGULATED FISHING ENFORCEMENT ACT OF 
                                  2011

                                 ______
                                 

                       HON. MADELEINE Z. BORDALLO

                                of guam

                    in the house of representatives

                       Tuesday, February 28, 2012

  Ms. BORDALLO. Mr. Speaker, today I reintroduce legislation to 
strengthen enforcement mechanisms to stop illegal, unreported, and 
unregulated, IUU, fishing. Illegal fishing threatens the economic and 
social infrastructure of fishing communities around the world by 
decreasing opportunities for legitimate and conscientious fishermen. 
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. Last Congress, I sponsored similar legislation 
and it passed the House without opposition by voice vote. This year, I 
am glad to be joined by Congressman Frank Guinta from New Hampshire as 
a bipartisan original cosponsor.
  Recent reports have documented that IUU fishing accounts for between 
10 and 22 percent of the reported global fish catch, or $9 24 billion 
in gross revenues each year (MRAG, 2009, Sumaila et al., 2006 and Agnew 
et al., 2009). This undermines the United States' conservation focused 
approach to fisheries management and the efforts of 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.
  The ``Illegal, Unreported, Unregulated Fishing Enforcement 
Enhancement Act of 2011,'' which I introduced today, further enhances 
the enforcement authority of NOAA and the U.S. Coast Guard to regulate 
IOU 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 the civil penalties, permit sanctions, criminal offenses, 
civil forfeitures and enforcement sections of the Magnuson-Stevens 
Fishery Conservation and Management Act. It would strengthen 
enforcement authority of NOAA and the U.S. 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 for identification of 
violators from the preceding two years to the preceding three years. 
This bill broadens data sharing authority to enable NOAA to share 
information with foreign governments and clarifies that all information 
collected may be shared with international organizations and foreign 
governments for the purpose of conducting enforcement. These amendments 
promote the conservation and sound management of fish stocks 
internationally and in a manner consistent with the expectations placed 
on U.S. fishermen. 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. This bill, 
however, does not authorize new funding or appropriations.
  Finally, this bill implements the Antigua Convention, an important 
international agreement that provides critical updates to the 
principles, functions, and processes of the Inter-American Tropical 
Tuna Commission, IATTC, to manage fisheries in the eastern Pacific 
Ocean. The Antigua Convention modernizes the IATTC and increases its 
capacity to combat IUU fishing and illegal imports of tuna product. 
Without implementing legislation, the U.S. does not have the 
authorities necessary to satisfy its commitments under the Antigua 
Convention, including addressing IUU in the eastern Pacific Ocean.
  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 would like to thank Rep. 
Guinta, Rep. Farr, Rep. Faleomavaega, Rep. Christensen, Rep. Pierluisi 
and Rep. Sablan for joining me as original cosponsors and 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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