September 27, 2021 — 129 fishing industry representatives have written to Congress asking them to reconsider a bill that would require all fishing vessels to use Automatic Identification Systems (AIS) in U.S. waters and on the high seas, citing redundancy with other monitoring systems, cost and privacy concerns.
The letter, organized by the Saving Seafood Coalition and delivered to the House Subcommittee on Water, Oceans, and Wildlife, concerns H.R. 3075, the Illegal Fishing and Forced Labor Prevention Act. This legislation would require commercial fishing vessels to install AIS systems; however, most vessels already use Vessel Monitoring Systems (VMS) to track their locations. The letter notes several reasons why vessel operators prefer VMS to AIS, specifically privacy concerns associated with adopting AIS.
Current VMS hardware, unlike AIS, is based on secured end-to-end transmissions. AIS relies on VHF radio signals, which are susceptible to interception and risk being spoofed. Additionally, AIS data can be seen by other vessels and competitors, undermining privacy and data security that up until now has been an important part of NOAA’s vessel monitoring and data collection policies.
“We were concerned by the viewpoint expressed by Rep. Ed Case [D-HI], a
cosponsor of the bill, that no one ‘fishing in [United States] waters has an inherent right to privacy’ and that VMS data should not be considered proprietary,” the letter states. “That viewpoint is contrary to twenty-seven years of agency policy set forth by NOAA Administrative Order 216-100, which created a strict regime of controls to protect the privacy of data collected by the agency for purposes including the regulation and conservation of our fisheries.”
As noted in the letter, this position is shared by Janet Coit, who was recently confirmed as Assistant Administrator for NOAA Fisheries. In earlier written testimony, she stated:
“[Section 501 of H.R. 3075] is duplicative of existing Vessel Monitoring System (VMS) requirements since it would require those vessels already equipped with VMS to carry AIS without significant benefits. AIS is primarily a collision avoidance system, but VMS are more effective for tracking fishing vessel movement and effort, are less susceptible to tampering, and have better tools for two-way communications with vessels.”