II 

112TH CONGRESS 

1ST SESSION S. 1304 

To make funds available to reimburse certain fishermen for legal fees and 

costs incurred in connection with improper fines and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 29, 2011 

Mr. KERRY introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL 

To make funds available to reimburse certain fishermen for 

legal fees and costs incurred in connection with improper 

fines and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fisheries Fee Fairness 

5 Act of 2011’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) APPROPRIATE LEGAL FEES AND COSTS.— 

9 The term ‘‘appropriate legal fees and costs’’ means 


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1 the legal fees and costs incurred by a covered per2 son— 

3 (A) that the Secretary determines were ap4 propriately incurred by the covered person in 

5 association with challenging a fisheries enforce6 ment penalty that was directed to be remitted 

7 to the covered person; and 

8 (B) prior to the date that is 30 days after 

9 such a fisheries enforcement penalty was di10 rected to be remitted to the covered person by 

11 the Secretary. 

12 (2) COVERED PERSON.—The term ‘‘covered 

13 person’’ means— 

14 (A) a person that the Secretary directed be 

15 remitted a fisheries enforcement penalty in the 

16 Decision Memorandum; or 

17 (B) a person that— 

18 (i) received a Notice of Violation and 

19 Assessment for a fisheries enforcement 

20 penalty issued on or after March 17, 1994, 

21 that was settled or otherwise resolved prior 

22 to February 3, 2010; 

23 (ii) paid a civil penalty for such fish24 eries enforcement penalty; 


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1 (iii) submitted a complaint prior to 

2 May 7, 2011, seeking remittance of such 

3 civil penalty; and 

4 (iv) the Secretary directs receive such 

5 remittance or a portion of such remittance. 

6 (3) DECISION MEMORANDUM.—The term ‘‘De7 cision Memorandum’’ means the Secretarial Decision 

8 Memorandum issued by the Secretary on May 17, 

9 2011, entitled Decisions regarding Certain NOAA 

10 Fisheries Enforcement Cases Based on Special Mas11 ter Swartwood’s Report and Recommendations. 

12 (4) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of Commerce. 

14 SEC. 3. AUTHORITY TO REIMBURSE LEGAL FEES AND 

15 COSTS. 

16 (a) IN GENERAL.—Notwithstanding any other provi17 sion of law, the Secretary may use sums made available 

18 under section 311(e)(1) of the Magnuson-Stevens Fishery 

19 Conservation and Management Act (16 U.S.C. 

20 1861(e)(1)) to reimburse appropriate legal fees and costs 

21 to covered persons. 

22 (b) TIMING.— 

23 (1) SUBMISSION OF REQUEST.—A covered per24 son seeking reimbursement of appropriate legal fees 


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1 and costs under subsection (a) shall submit to the 

2 Secretary a request for such reimbursement— 

3 (A) in the case the covered person is de4 scribed in section 2(2)(A), not later than 1 year 

5 after the date of the enactment of this Act; or 

6 (B) in the case of a covered person de7 scribed in section 2(2)(B), not later than 1 year 

8 after the date the Secretary directs such cov9 ered person receive a remittance of a fisheries 

10 enforcement penalty. 

11 (2) DETERMINATION.—Not later than 90 days 

12 after receiving an application under paragraph (1), 

13 the Secretary shall make a final determination on 

14 whether to provide such reimbursement and the 

15 amount of any such reimbursement. 

16 (c) MAXIMUM REIMBURSEMENT.—The Secretary 

17 may not provide more than $200,000 in reimbursement 

18 of appropriate legal fees and costs under subsection (a) 

19 to a covered person. 

Æ 


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