Memorandum on Combating Illegal, Unreported, and Unregulated Fishing and Associated Labor Abuses
Issued 2022-06-27 by Joseph R. Biden Jr.
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
This memorandum directs federal agencies to strengthen efforts to combat illegal, unreported, and unregulated (IUU) fishing and the labor abuses that often accompany it. IUU fishing involves the harvesting of fish without authorization, in violation of national or international rules, or without proper reporting — practices that deplete fish stocks, harm legitimate fishing industries, and often involve the exploitation of fishing crews. The memorandum directs agencies to improve monitoring and enforcement, coordinate internationally, and address the human rights dimension of labor abuses aboard fishing vessels.
The memorandum affects NOAA, the Coast Guard, the State Department, the Labor Department, and other agencies involved in fisheries management and maritime enforcement. It also affects American fishing industries that compete with IUU operators, coastal communities that depend on sustainable fisheries, and the workers on fishing vessels subject to labor abuses.
Presidential memoranda directing interagency action on international fisheries enforcement are within the President's authority over foreign affairs and the management of federal agencies. The memorandum operates within existing statutory frameworks for fisheries regulation and foreign assistance.
AI-generated summary for educational purposes
Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
This memorandum ("Memorandum on Combating Illegal, Unreported, and Unregulated Fishing and Associated Labor Abuses") directs the withholding, freezing, or delayed spending of congressionally appropriated funds. The stated rationale: "the problem of IUU fishing, including by distant water fishing vessels, and associated labor abuses, including the use of forced labor in the seafood supply chain." The Impoundment Control Act of 1974 specifically prohibits this type of action. Congress passed that law in response to President Nixon's refusal to spend appropriated funds, and it remains the governing framework today.
The power of the purse belongs to Congress under Article I, Section 9. When money is appropriated by law, the executive branch is obligated to spend it as directed. A memorandum directing agencies to withhold, pause, or slow-walk spending conflicts with this constitutional structure. Courts have consistently sided with Congress in impoundment disputes.
Official Summary
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