What changed between these versions
v4 introduces a new definition for "IUU fishing" and expands the scope of the seafood origin methodology to explicitly include "seafood fraud." It also removes the entire section authorizing the Secretary of Defense to provide technical assistance for IUU fishing enforcement, significantly narrowing the bill's enforcement mechanisms. Several minor modifications clarify reporting requirements and committee oversight.
Overview
A handful of substantive changes across two sections. · v4 narrows the bill's scope by removing a key enforcement mechanism, while clarifying and slightly expanding the focus of the seafood origin methodology.
The most significant change in v4 is the complete deletion of Section 3, which authorized the Department of Defense to provide technical assistance to other nations for combating IUU fishing. Additionally, v4 introduces a formal definition for "IUU fishing" and expands the purpose of the seafood origin methodology in Section 2 to explicitly address "seafood fraud" alongside IUU fishing. Minor modifications include adding a House committee to oversight and refining the definition of "Under Secretary."
Major additions
This new definition explicitly defines "illegal, unreported, or unregulated fishing" (IUU fishing) by referencing section 609(e) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(e)). This provides a clear, statutory basis for the term used throughout the bill.
By incorporating a specific statutory definition, v4 ensures consistency and clarity in the application of the bill's provisions related to IUU fishing, which is crucial for enforcement agencies. It removes potential ambiguity regarding what constitutes IUU fishing under this Act.
Deletions
Section 3 in v3 authorized the Secretary of Defense, in coordination with the U.S. Coast Guard, to expend funds for operation and maintenance to provide maritime technical assistance to other nations for combating IUU fishing and other transnational organized crime. This assistance included providing observers, shipriders, specialized personnel, remote sensing, data analysis, and operational intelligence.
The deletion of Section 3 removes a significant enforcement and international cooperation mechanism aimed at combating IUU fishing. This means the Department of Defense is no longer explicitly authorized by this Act to provide direct maritime technical assistance to foreign nations for these purposes, potentially limiting the reach and scope of U.S. efforts against IUU fishing and related crimes abroad.
Modifications
This change broadens the congressional committees responsible for oversight of the methodology development and reporting, adding a committee with jurisdiction over science and technology, which is relevant given the chemical analysis basis of the methodology. This ensures additional legislative scrutiny and input from a committee focused on scientific standards.
Before
In v3, the "appropriate committees of Congress" for the House of Representatives included the Committee on Transportation and Infrastructure and the Committee on Natural Resources.
After
In v4, the "appropriate committees of Congress" for the House of Representatives now include the Committee on Science, Space, and Technology, in addition to the Committee on Transportation and Infrastructure and the Committee on Natural Resources.
This modification clarifies that the "Under Secretary" refers specifically to the Under Secretary of Commerce for Standards and Technology, removing the explicit inclusion of their role as Director of the National Institute of Standards and Technology from the definition. While the roles are often held concurrently, this streamlines the statutory reference, potentially simplifying administrative clarity regarding the specific office responsible for the Act's duties.
Before
In v3, the term "Under Secretary" was defined as "the Under Secretary of Commerce for Standards and Technology and the Director of the National Institute of Standards and Technology."
After
In v4, the term "Under Secretary" is defined more narrowly as "the Under Secretary of Commerce for Standards and Technology."
This modification broadens the explicit purpose of the standard methodology. By adding "and seafood fraud," the methodology's application is expanded beyond just identifying country of origin for IUU fishing enforcement to also include combating deceptive practices related to seafood labeling and misrepresentation. This provides a more comprehensive tool for ensuring integrity in the seafood supply chain.
Before
In v3, the standard methodology was to be developed "to support enforcement against illegal, unreported, and unregulated fishing."
After
In v4, the standard methodology is to be developed "to support enforcement against IUU fishing and seafood fraud."
Similar to Section 2(b)(1), this change ensures that the methodology's design and requirements explicitly cater to the needs of law enforcement agencies not only in fighting IUU fishing but also in addressing the broader issue of seafood fraud. This ensures the tool is tailored for a wider range of enforcement challenges.
Before
In v3, the methodology was required to be "consistent with the needs of Federal and State law enforcement agencies in combating illegal, unreported, and unregulated fishing."
After
In v4, the methodology is required to be "consistent with the needs of Federal and State law enforcement agencies in combating IUU fishing and seafood fraud."
This modification clarifies that the determination of impracticality rests specifically with the Under Secretary, rather than being a general condition. The phrasing "explanation relating thereto" is a minor stylistic change. This change assigns clear accountability for assessing the methodology's feasibility, which is important for the operationalization plan.
Before
In v3, the report required an explanation "In the event that any aspect of the methodology developed under subsection (b) is impracticable, an explanation of why, whether additional research would make developing such a methodology practicable, and whether a different approach other than chemical analysis might be practicable."
After
In v4, the report requires an explanation "If the Under Secretary determines any aspect of such methodology is impractical, an explanation relating thereto, whether additional research would make developing such a methodology practicable, and whether a different approach other than chemical analysis might be practicable."
Scope
Meaningful expansion or narrowing — Changes are scattered across definitions, the core methodology purpose, and the complete removal of an entire section. — v4 represents a meaningful narrowing of the bill's enforcement scope by removing the Department of Defense's authority for international technical assistance, while simultaneously clarifying and slightly expanding the domestic focus of the seafood origin methodology to include seafood fraud. — The addition of the "IUU fishing" definition clarifies and standardizes its usage in other modified provisions of the bill. The removal of Section 3 significantly alters the overall enforcement strategy envisioned in v3.
Impact analysis
Federal and State law enforcement agencies
Gain
The methodology developed under the Act is now explicitly designed to support enforcement against "seafood fraud" in addition to IUU fishing.
Department of Defense and United States Coast Guard
Loss
The explicit authorization for the Secretary of Defense to expend funds for maritime technical assistance to other nations to combat IUU fishing and transnational organized crime has been removed.
Foreign maritime forces receiving technical assistance
Loss
The explicit authorization for the U.S. Department of Defense and Coast Guard to provide maritime technical assistance to these forces for combating IUU fishing and transnational organized crime has been removed from this Act.
House of Representatives committees with oversight
Procedural change
The Committee on Science, Space, and Technology is added to the list of "appropriate committees of Congress" for the House of Representatives.
Under Secretary of Commerce for Standards and Technology
Procedural change
The definition of "Under Secretary" is slightly narrowed, and the responsibility for determining the impracticality of the methodology is explicitly assigned to this role in the reporting requirements.