The Coast Guard’s Next Decade: An Assessment of Emerging Challenges and Statutory Needs (2023) / Chapter Skim
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3 Future Developments, Coast Guard Responses, and Implications for Statutory Authority
3 Future Developments, Coast Guard Responses, and Implications for Statutory Authority
Pages 53-128
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3 Future Developments, Coast Guard Responses, and Implications for Statutory Authority
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. The regulation of UASs largely falls under the statutory authority of the Federal Aviation Administration and the Federal Communications Commission.
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The autonomous systems, communication systems, and remote control technologies that currently pose the most significant issues are those for navigation and collision avoidance, which raise significant connectivity and cybersecurity issues. (Cybersecurity is addressed in another section of this chapter.)
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12 James M Inhofe National Defense Authorization Act for Fiscal Year 2023 (H.R.
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illustrate different approaches to defining key terms.a The IMO issued a preliminary definition of maritime autonomous surface ships as part of its regulatory scoping exercise begun in 2017 and concluded in 2021.b The key variable in the IMO's degrees of autonomy is the location of the crew. Degree 1: Ship with automated processes and decision support; seafarers are on board and ready to take control at all times.
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The pace and urgency of new or amended statutory authority or regulations cannot now be precisely ascertained.21 A "wait and see" approach may put the Coast Guard out of alignment with U.S. federal and defense 17 Allen, C
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.24 Autonomous systems, remotecontrolled operations, and uncrewed operations raise a host of regulatory issues, including manning, testing, safety, security, mariner credentialing, pilotage, and others. Some of the issues and features that likely would be considered in crafting a new regulatory regime are summarized in Table 3-1.25 These are issues and features that, as discussed in the next section on statutory authority, the Coast Guard could address through regulation 22 Evolving marine autonomy stakeholders often describe their watercraft as "vehicles" and "systems" that may fall outside the plain language of Coast Guard statutory authority which generally applies to "vessels" and "ships." Such semantics are not trivial, and are important to consider when the Coast Guard exercises authority to preserve safety of the MTS.
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Liability and Compulsory Insurance • Property damage and personal injuries • Right to petition under the Shipowner's Limitation of Liability Act • Remote control center operators • Component part manufacturers and software programmers • Issues under Oil Pollution Act of 1990 and Comprehensive Environmental Response, Compensation, and Liability Act • Issues under Public Vessels Act or Suits in Admiralty Act 8. Operational Testing • Section 9 Liability and Compulsory Insurance Requirements • National Environmental Policy Act environmental assessments • Bilateral agreements with foreign maritime safety agencies • Remote control by a foreign control center • Application of pilotage laws to uncrewed vessels 9.
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Liability and Compulsory Insurance • Property damage and personal injuries • Right to petition under the Shipowner's Limitation of Liability Act • Remote control center operators • Component part manufacturers and software programmers • Issues under Oil Pollution Act of 1990 and Comprehensive Environmental Response, Compensation, and Liability Act • Issues under Public Vessels Act or Suits in Admiralty Act 8. Operational Testing • Section 9 Liability and Compulsory Insurance Requirements • National Environmental Policy Act environmental assessments • Bilateral agreements with foreign maritime safety agencies • Remote control by a foreign control center • Application of pilotage laws to uncrewed vessels 9.
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The Coast Guard is also seeking input regarding barriers to the development of autonomous vessels. This document solicits the public's view on issues related to the opportunities, challenges, and impacts of automated and autonomous commercial vessels and vessel technologies.
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2019. "Maritime Autonomous Vehicles Within the International Law Framework to Enhance Maritime Security." International Law Studies 95:244-271.
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to MASS evaluation conducted by the Coast Guard and recommend whether tasks normally performed by mariners on conventional vessels can be safely assisted with or replaced by automation.38 Statutory Authority The Coast Guard has a broad range of statutory authorities39 intended for safety at sea, including those related to vessel operation,40 safety management systems,41 navigation,42 and design and engineering.43 These authorities will likely allow the Coast Guard to address most regulatory needs for 36 Moore, J
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, which is recognized as customary international law, requires flag states to ensure that "each ship is in the charge of a master and officers who possess appropriate qualifications." UNCLOS, art.
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Either of these two main directions -- new regulatory standards or a more comprehensive waiver program -- would likely necessitate legislative changes, if only to make clearer the Coast Guard's authority to develop and impose new regulations or to grant waivers to existing statutory and regulatory requirements, subject to new conditions. In December 2022, Congress authorized the Coast Guard to conduct a pilot program that may last for up to 5 years and which would allow the use of autonomous vessels for at-sea recovery of commercial space 52 The committee recognizes that such interpretations and considerations remain the subject of ongoing debate and discussion in various domestic and international academic circles and regulatory bodies, and that the Coast Guard will ultimately need to make a decision with respect to these interpretations and how they affect the respective regulatory authority obligations.
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Coast Guard Responses to Committee Questions," December 2022. 58 Public Law 117-263, § 11504(j)
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2018. International Law and Agreements: Their Effect Upon U.S.
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2022. 2021 Cyber Trends and Insights in the Marine Environment.
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Because most major commercial ships transiting U.S. water and ports are foreign-flagged vessels, this means that cyber-risk management approaches can vary widely, leading to different policies and procedures, levels of training, and technical systems employed among vessels and fleets.69 69 For example, a risk assessment for Maritime Transportation Security Act (MTSA)
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Under the Maritime Transportation Security Act (MTSA) ,73 the Coast Guard has issued regulations that require the owners or operators of maritime facilities as well as vessels to assess the vulnerability of their computer systems and networks as part of an overall mandated security assessments and plans.74 The Coast Guard has also subsequently issued guidelines to maritime facilities to follow in undertaking 70 The focus here is on the Coast Guard's role for vessels and facilities, and the authorities the Coast Guard has available to meet its maritime safety functions, recognizing that not every cyberbreach on a ship is under the purview of the Coast Guard.
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2020. "NVIC 01-20: Guidelines for Addressing Cyber Risks at Maritime Transportation Security Act (MTSA)
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The National Maritime Security Advisory Committee was authorized on December 4, 2018, by § 602 of the Frank LoBiondo Coast Guard Authorization Act of 2018, Public Law 115-282, 132 Stat. 4190, and is codified in 46 U.S.C.
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85 The Coast Guard's Fall 2022 regulatory agenda indicated that the Coast Guard expects to issue a proposed rule by June 2023 that will "update its maritime security regulations by adding cybersecurity requirements to existing Maritime Security regulations … [as] part of an ongoing effort to address emerging cybersecurity risks and threats to maritime security by including additional security requirements to safeguard the marine transportation system." U.S.
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Cyberrisk Management The Coast Guard will also need to focus on protecting against and mitigating cybersecurity threats, as federal law and IMO guidelines expect stakeholders in the maritime domain "to implement risk control processes and measures, and contingency planning to protect against a cyber-event and ensure continuity of shipping operations."86 Continual exercises and system evaluations of threats will need to be further developed so that captains of the port (COTPs) , sector commanders, industry, and other stakeholders take sufficient actions to guard against and disrupt nefarious actors and build resiliency into maritime systems.
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jurisdiction or occurs on or close against a U.S. vessel.88 This statute specifically lists a range of actions the Coast Guard is authorized to undertake, "including inspections, port and harbor patrols, the establishment of security and safety zones, and the development of contingency plans and procedures, to prevent or respond to … cyber incidents."89 The MTSA authorizes the Coast Guard to take actions to protect against "security incidents" -- defined broadly to encompass any "security incident resulting in a significant loss of life, environmental damage, transportation system disruption, or economic disruption in a particular area."90 Unlike the PWSA, the MTSA does not specifically mention "cyberincidents" or "computers," but the overall definition of its coverage of security incidents appears broad enough to encompass cyberattacks.
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Inhofe National Defense Authorization Act of Fiscal Year 2023 calls on the Coast Guard, in coordination with the Maritime Administration, the Cybersecurity and Infrastructure Security Agency, and the National Institute of Standards and Technology to "identify and make available to the public a list of tools and resources, including the resources of the Coast Guard and the Cybersecurity and Infrastructure Security Agency, designed to assist maritime operators in identifying, detecting, protecting against, mitigating, responding to, and recovering from cyber incidents."95 The legislation also directs the Coast Guard to develop a set of internal cyberdata management policies and procedures to ensure the protection of the Coast Guard's own mission-relevant data.96 It also directs the Government Accountability Office to conduct a comprehensive study of cyberthreats to the MTS.97 The Coast Guard appears to have ample authority to act to protect the overall security of the MTS, including to take actions specifically designed to reduce the risks of cyberattacks that disable or disrupt maritime operations. Nevertheless, given that some of the legislation granting the Coast Guard its general authority over security matters does not explicitly mention cyberincidents, and given further the centrality of digital systems and their operations to the safe and effective functioning of the MTS, it may be prudent for Congress to consider making a clarifying set of changes to all Coast Guard security-related legislation, much as it has done with the PWSA.
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.100 The Coast Guard has long monitored public and private spaceflight activities affecting the maritime domain, while also taking actions to ensure 98 See Chapter 2 section on "High-Level Assessment of Statutory Authority." 99 Ben-Itzhak, S
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SOURCE: Federal Aviation Administration. "Commercial Space Data." https:// www.faa.gov/data_research/commercial_space_data.
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The zone is an area or water that is limited to authorized persons or vessels, intended to protect people, property, and the environment in areas proximate to launch and reentry landing sites in the ocean.103 The zone may be defined as a fixed area or consist of a specified maritime space around a vessel in motion.104 The Coast Guard patrols the zone and provides standby search and rescue support.105 Likely Actions As commercial space activities in the maritime domain become more common, the Coast Guard will need to continue establishing and patrolling safety zones, both to safeguard space activity occurring within the maritime domain and to protect mariners from potential hazards. As space operations move farther offshore, the Coast Guard will need to establish safety zones beyond the limits of U.S.
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ports and waterways.107 Exercising its regulatory authority under this Act, the Coast Guard has established a host of regulations for the protection and security of vessel, port, and waterway safety and which are enforced by COTPs within their respective areas of responsibility.108 Specifically, the Coast Guard establishes hundreds of safety zones of varying durations over the course of a given year. The Coast Guard does not lack the authority to establish safety zones around areas of commercial space launch and reentry; however, the PWSA only provides authority for the Coast Guard to regulate all vessels within U.S.
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Congress directed the Coast Guard in January 2021 to conduct a 2-year pilot program to establish safety zones in response to "special activities" (i.e., space launch and reentry) within the EEZ.111 After 2 years, the Coast Guard is to brief Congress on whether the pilot program should be extended or whether Coast Guard authority to establish safety zones to address space activities in the EEZ should be made permanent.
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jurisdiction extends to submerged lands and waters that make up the outer continental shelf -- currently considered coterminous with the EEZ.113 Within this area, OCSLA also extends U.S. jurisdiction "to all artificial islands" and "installations and other devices permanently or temporarily attached to the seabed," or any installation used "for the purpose of exploring for, developing, or producing … resources," specifically "including non-mineral energy resources."114 OCSLA specifically authorizes the establishment of safety zones around these installations and facilities in the outer continental shelf.115 Coast Guard regulations provide that OCSLA safety zones may extend to the "prevention or control of specific activities and access by vessels or persons, and include measures to protect the living resources of the sea from harmful agents."116 However, these safety zones may extend to only a maximum distance of 500 meters around the perimeter of the OCS facility -- and, importantly, "may not interfere with the use of recognized sea lanes essential to navigation."117 It is highly unlikely that sufficient authority exists under OCSLA for the Coast Guard to impose safety zones around commercial space operations 112 43 U.S.C.
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According to UNCLOS, these safety zones shall not exceed a distance of 500 meters around such artificial islands, installations, and structures.122 For these reasons, jurisdictional extensions of safety zone authority within and beyond the EEZ -- if they are to be imposed as binding on foreign-flagged vessels -- will ultimately involve questions about more than just interpretations of current statutory authority. They present questions under international law and implicate principles of international comity.
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Of course, Congress could also simply adopt new legislation specifically authorizing temporary safety zones, enforceable against foreign-flagged vessels, as needed to provide for maritime safety during times of rocket launch and reentry. Even then, however, an assessment may need to be made as to international law and international comity considerations.
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Indeed, a 2022 DOE report points out that existing state-level targets already call for investments in more than 39 GW129 of offshore wind energy capacity by 2040.130 The California Energy Commission has also recently supported a plan that involves developing offshore wind in an effort "to produce an additional 2 to 5 [GW] of wind power by 2030 and 25 [GW]
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2022. The Demand for a Domestic Offshore Wind Energy Supply Chain.
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Port Access Studies The various stages of offshore wind facility construction and operations, from initial surveying to facility maintenance, will require a wide variety of vessels, including some that are highly specialized.136 As offshore wind energy development progresses, the Coast Guard will need to attend to the crewing, seaworthiness, and traffic management requirements for this fleet and its operations. Significantly, the Coast Guard is responsible for undertaking port access route studies in accordance with the Ports and Waterways Safety Act.
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As offshore wind energy becomes a critical part of the nation's energy infrastructure, it may become the target of terrorist and other criminal acts including but not limited to cyberattacks. Statutory Authority The role of the Coast Guard as it relates to energy development is primarily defined by the OCSLA141 and the PWSA.142 Pursuant to Section 1337 of the OCSLA, the Coast Guard's role over renewable energy development is limited, as it is the Secretary of the Interior who is authorized to grant leases, easements, or rights-of-way for such projects on the outer continental shelf 138 S.R.
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In addition to the primary role assigned to the U.S. Department of the Interior over these nonmineral energy resources, it should be noted that the Coast Guard's authority would not generally encompass offshore wind turbines -- even ones that are floating -- simply because they are not vessels, which are defined in terms of their use for transportation.
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Nevertheless, because the nature and types of actions that the Coast Guard will need to take are not likely to change to any substantial degree, current statutory authorities are likely to be sufficient. AQUACULTURE Aquaculture is a growing industry globally and is expected to make up an increasingly larger share of seafood supplies as wild stocks decline.150 In the United States, 70 to 85 percent of seafood consumed, by value, is imported, making the country by this measure the largest importer of seafood in the world.
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In this regard, a significant increase in the number of aquaculture facilities in U.S. navigable water is likely to require additional Coast Guard resources to undertake these safety assessments.
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n order to aid navigation and to prevent disasters, collisions, and wrecks of vessels and aircraft, the Coast Guard may establish, maintain, and operate aids to maritime navigation required to serve the needs of the armed forces or of the commerce of the United States." Increased demand for Coast Guard actions with growth in the aquaculture industry will further tax limited Coast Guard resources, but the Coast Guard is likely to have sufficient statutory authority to fulfill its maritime safety role as it pertains to aquaculture.
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As more and larger vessels transit the Bering Strait to navigate the waters off Alaska's Seward Peninsula, Northwest Arctic Borough, and North Slope, the potential for vessel incidents and casualties can be expected to grow. If this increased traffic is accompanied by more storms, rough seas, and drifting sea ice due to a changing climate, the Coast Guard's workload may increase exponentially, along with the risk and complexity of that work.
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2016. "A Dynamic Ocean Management Proposal for the Bering Strait Region." Marine Policy 74:177-185; Banshchikova, 2022.
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In the long term, as more of the vast Arctic region opens, the Coast Guard will require more expansive and sustained domain awareness through improved visibility and access to transit and destination vessel traffic information. This, in turn, will require more reliable, capable, and secure communications and data systems.
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UNCLOS creates the core legal framework for activities in the Arctic.177 Although the United States is a not a party to UNCLOS, it does recognize UNCLOS as customary international law. For this reason, it is worth noting that, as future actions and associated statutory authority are further considered, some types of actions may conflict with UNCLOS, such as those that might seek to impose pollution controls when shipping traffic increases through the Bering Strait.178 174 White House.
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, fisheries management and maritime domain awareness missions, especially in remote locations and in the face of limited human Coast Guard and community partner resources. Transport Canada and the Canadian Coast Guard are using AI-based UASs for right whale detection and management, prefiguring additional U.S.
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Moreover, the Coast Guard's Arctic operations occur in a unique social and cultural setting of the region's indigenous communities. Information sharing and the collaborative development of policies, regulations, programs, and activities with such local communities and their leaders will be crucial for the Coast Guard's mission fulfillment.186,187 Statutory Authority Any assessment of Coast Guard statutory authority within the Arctic must begin with an appreciation of how much of the region is the jurisdiction of the United States; for those parts outside of U.S.
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The Coast Guard's jurisdiction in the Arctic is defined by its statutory authority over U.S. territorial waters and the Arctic Ocean EEZ.
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2017. "U.S.–Russian Relations in the Bering Strait Region." Maritime Futures: The Arctic and the Bering Strait Region.
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territorial waters. The PWSA authorizes the Coast Guard to adopt "measures for controlling or supervising vessel traffic or for protecting navigation and the marine environment"198 and to "protect the navigable waters and the resources therein from harm resulting from vessel or structure damage, destruction, or loss."199 One regulatory issue with environmental implications will almost certainly remain on the Coast Guard's agenda and might require some possible additional congressional action in future years: vessel response planning under the Oil Pollution Act of 1990 (OPA90)
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when the "national planning criteria … are inappropriate for the areas in which the vessel intends to operate" and when a request for an exemption has been granted by the Coast Guard.204 It is reported that "there are five Coast Guard approved APCs in Alaska, but substantial gaps in response capability still exist" in the Arctic region.205 Some commentators have expressed concern that existing regulations do not provide sufficiently clear standards for when alternative 201 33 U.S.C.
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Inhofe National Defense Authorization Act for Fiscal Year 2023 (H.R.
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National Blueprint for Transportation Decarbonization in early 2023, and the European Union will add maritime shipping, including ships traveling from outside the European Union, to its carbon emissions market starting in 2024.210 The National Blueprint calls on the transportation sector to "eliminate nearly all greenhouse gas (GHG) emissions from the sector by 2050." For maritime vessels, the National Blueprint leans on research and innovation "because the best pathway for decarbonizing the maritime sector is unclear."211 A challenge for the Coast Guard, therefore, will be to support a mix of decarbonization innovations in a responsive manner that maintains standards for safety, security, and environmental protection.
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Many current regulatory standards are based on vessels powered by fossil fuels.214 In the case of a vessel having a fuel and propulsion system not anticipated in the regulations, the owner or operator must establish that the vessel using the system can provide an equivalent level of safety. When multiple vessels are affected, the Coast Guard may issue a Policy Letter providing detailed guidance on vessel design, operations, emergency response, and crew training, as it has done 212 Klimczak, J
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For U.S.-flagged vessels fueled by LNG, the Coast Guard used the equivalent level of safety process and developed design guidance based on the International Code of Safety for Ships Using Gases or Other Low-Flashpoint Fuels. Coast Guard policy letters pertaining to LNG include the following: "Equivalency Determination -- Design Criteria for Natural Gas Fuel Systems," CG-ENG Policy Letter 01-12 Change-1, revised July 12, 2017; "Guidance Related to Vessels and Waterfront Facilities Conducting LNG Marine Fuel Transfer (Bunkering)
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(Additional discussion of the National Contingency Plan and the most significant hazardous releases covered under the National Response Framework is available in the section on Disasters.) Although the execution of these requirements is intended to be flexible in accordance with specific hazards and threats, a growing array of fuels could complicate the process by introducing new statutory and regulatory requirements pertinent to each fuel and by requiring the involvement of additional government authorities and response agencies.
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while also coordinating with industry-based alliances such as the Blue Sky Maritime Coalition.222 Statutory Authority Current statutory authority appears to be sufficiently capacious for the Coast Guard to respond to decarbonization over the next decade. Under the PWSA, the Coast Guard has broad authority to "take such action as is 220 For a summary of the IMO GHG Strategy, see IMO.
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Indeed, the Coast Guard has more recently used this statutory authority to issue standards for the safe operation of LNG storage and fueling facilities in the nation's ports.226 Liability for cleanup costs and other damages caused by spills or releases of the new fuels will likely come under the Clean Water Act and the Comprehensive Environmental Response, Compensation, and Liability Act. Under current statutory authority, liability for damages to the marine environment related to new fuels will likely differ from liability for oil-related spills, which is covered under the OPA90.
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Superfund (HAZMAT) Stafford Act Disaster/ Emergency President Almost always ESF #10 of the National Response Framework Stafford Act Disaster Funding NOTE: OSLTF is the Oil Spill Liability Trust Fund; ESF #10 is Emergency Support Function #10, which covers oil and hazardous materials releases.
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For disasters requiring a coordinated federal response, the Coast Guard has primary and support-related disaster response responsibilities under the National Response Framework and the National Oil and Hazardous Substances Pollution Contingency Plan. Moreover, the Coast Guard is the only armed force and federal agency assigned first responder responsibility.
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Likely Actions As a consequence of the changing character, frequency, and severity of natural hazards and human-caused threats, the Coast Guard will need to account for increased demand for its diverse and robust disaster response authorities, capabilities, and capacity, even as its own assets and facilities become increasingly vulnerable to climate change and natural disasters. National Response Framework and National Contingency Plans The Coast Guard is integral to the National Response Framework, which is led by the Secretary of the U.S.
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In addition, the Coast Guard has enforcement responsibilities.236 Table 3-2 shows how the National Contingency Plan and the National Response Framework work together for releases of varying significance and illustrates differences in funding mechanisms for oil versus other hazardous materials. It is reasonable to expect that over the next decade, the Coast Guard will be called on to act in all of these critical capacities under the National Response Framework and National Contingency Plan.
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In fall 2021 alone, the Coast Guard served 13 contingency operations simultaneously, in addition to normal operations.239 Mobilizing the Coast Guard Reserve The Coast Guard Reserve is a critical resource affecting disaster response and surge operations. Currently, the authorized and funded strength of the Reserve is 7,000 personnel.
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Code which provides that the Coast Guard has the authority to "render aid to individuals and property imperiled by flood." Section 521 specifically authorizes the Service to "perform any and all acts necessary to rescue and aid individuals and protect and save property," to "take charge of and protect all property saved from marine or aircraft disasters, or floods," and to "furnish clothing, food, lodging, medicines, and other necessary supplies and services" to individuals.241 Section 521 also authorizes the Coast Guard to respond to disasters outside of the maritime domain and "render aid to individuals and protect and save property at any time and at any place at which Coast Guard facilities and personnel are available and can be effectively utilized."242 In addition, one of the Coast Guard's primary duties is to "develop, establish, maintain, and operate … rescue facilities."243 Activities under the National Response Framework are authorized by the Homeland Security Act of 2002. National Contingency Plan authorities include Section 311 of the Clean Water Act, adopted in 1972; the Comprehensive Environmental Response, Compensation, and Liability Act, adopted in 1980; and the OPA90.
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2022. "Coast Guard Rescues 12 Migrants Near Huntington Beach." Coast Guard News, December 15.
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Once intercepted, the Coast Guard ensures that migrants receive food, water, shelter, and basic medical care. Adapting to the demands of migration interdictions, especially demands on cutters and their crews, is likely to require maintaining both a steady-state presence on known migration routes and the ability to shift and scale resources when migration surges or a mass migration event occurs.251 Coast Guard personnel may also at times be assigned to assist with migration surges by land or air, such as they were during the evacuation of Afghans in 2021.252 Contingency Planning To maintain readiness, the Coast Guard and its partners will need to monitor migration triggers and indicators continuously and then assess the adequacy of migration response planning.
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Statutory Authority The Coast Guard's legal authority to respond to migration at sea -- including the apprehension of migrants lacking in documentation or authority to enter the United States -- will be linked to the specific action or threat, the nationality of the vessel, the persons on board, and, most significantly, the location where an encounter with migrants occurs. The Coast Guard's statutory authorities apply when the vessel or persons are within internal waters of the United States, the territorial sea, the contiguous zone, the EEZ, and the high seas.253 However, the Coast Guard's authority may be limited if a vessel or persons are within the waters of another country.
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According to the Coast Guard's 2020 Illegal, Unreported, and Unregulated Fishing Strategic Outlook, the economic losses globally are estimated to be in the billions or tens of billions of dollars each year and some have estimated that it is now the leading security threat in the marine environment. IUU fishing has represented an important and difficult problem for centuries, with few nations having the resources necessary to police and effectively enforce fisheries law over the hundreds of thousands of miles of their EEZs and the high seas.
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policy makers are increasingly prioritizing measures to combat IUU fishing, moving beyond a historical focus on domestic waters to take increasingly strong action to address the negative impacts of DWFs and human rights abuses on board fishing vessels.262 Likely Actions The Coast Guard has a lengthy history of addressing IUU fishing.263 For the years ahead, the Coast Guard identified three priority lines of action to address IUU fishing: promoting targeted, effective, intelligence-driven 260 "A 2019 Stimson Center research study found that in the past several decades, the practice of DWFs has expanded in size and reach across the ocean and around the world. DWFs are heavily dominated by just five fleets, which make up 90 percent of global effort.
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Responding to IUU fishing requires high quality, real-time data on fisheries activities from U.S. internal partners as well as other states.
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Bilateral Fisheries Agreements Increasing the number and strength of bilateral fisheries agreements could be an important tool to help the Coast Guard combat IUU fishing, particularly 269 "A VMS system uses electronic transmitters, placed on fishing vessels that transmit information about the vessel's position to enforcement agencies via satellite." "Minister Wants Rs. 700m for VMS to Monitor Boats at Sea." June 16, 2013.
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For instance, the Coast Guard already has partnership agreements in place with Global Fishing Watch, an NGO dedicated to making fishing vessel AIS and VMS publicly available and using advanced analytics to identify possible IUU fishing.276 Autonomous vessels or passive sensing floats will provide important information sources of information that the Coast Guard can use to identify and target IUU fishing activity.277 Force and Asset Deployment Changing economic, climate, and geopolitical conditions will affect where IUU fishing increases and the extent to which it becomes a national security concern. Such changes can be difficult to predict.
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The Coast Guard will need to prepare for related personnel, vessel maintenance, and other operational issues. Statutory Authority The Coast Guard likely has authority to undertake most if not all the actions it is likely to need to take to address IUU fishing in the coming decade.
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CONCLUDING OBSERVATIONS To assess the Coast Guard's statutory authority needs for the coming decade, the committee selected 10 foreseeable developments and identified associated actions that the Coast Guard is likely to need to take to address them over the next decade. The committee found that, for the most part, the Coast Guard's existing statutory authority will likely prove adequate for most of the actions it is likely to need to take in the coming decade.
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The incidents may interact and result in new, unforeseen scenarios, with new risks and challenges created by the convergence of multiple, simultaneous incidents.283 Consider, for example, how a solar storm or cybersecurity breach could cut off communications to autonomous vessels that are traveling in offshore environments made more complex by the infrastructure supporting wind energy or aquaculture installations. Or consider how the types of hazardous fuels carried in ships and stored in ports because of decarbonization could interact with an increase in climate change-induced extreme weather events to create new challenges for the Coast Guard in safeguarding maritime communities and the marine environment.
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To emphasize the importance of the Coast Guard possessing the capacity and capabilities to respond to future developments, both foreseeable and unforeseeable, this report turns next, in Chapter 4, to a discussion of vital mission support functions.
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