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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1980 Reported in Senate (RS)]

                                                       Calendar No. 549
112th CONGRESS
  2d Session
                                S. 1980

 To prevent, deter, and eliminate illegal, unreported, and unregulated 
                  fishing through port State measures.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           December 12, 2011

  Mr. Inouye (for himself, Mr. Begich, Mr. Whitehouse, Ms. Snowe, Ms. 
Murkowski, Mr. Rockefeller, Mr. Akaka, Ms. Cantwell, Mr. Wyden, and Mr. 
  Udall of New Mexico) introduced the following bill; which was read 
     twice and referred to the Committee on Commerce, Science, and 
                             Transportation

                           November 14, 2012

             Reported by Mr. Rockefeller, without amendment

_______________________________________________________________________

                                 A BILL

 
 To prevent, deter, and eliminate illegal, unreported, and unregulated 
                  fishing through port State measures.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``The Pirate Fishing 
Elimination Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purpose.
Sec. 3. Definitions.
Sec. 4. Application.
Sec. 5. Duties of the Secretary.
Sec. 6. Advance notice of vessel arrival, authorization, or denial of 
                            port entry.
Sec. 7. Denial of port services.
Sec. 8. Inspections.
Sec. 9. Prohibited acts.
Sec. 10. Enforcement.
Sec. 11. International cooperation and assistance.
Sec. 12. Relationship to other laws.
Sec. 13. Authorization of appropriations.

SEC. 2. PURPOSE.

    The purpose of this Act is to implement the Agreement on Port State 
Measures to Prevent, Deter and Eliminate Illegal, Unreported and 
Unregulated Fishing, done at the Food and Agriculture Organization of 
the United Nations in Rome, Italy on November 22, 2009.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Agreement.--The term ``Agreement'' means the Agreement 
        on Port State Measures to Prevent, Deter and Eliminate Illegal, 
        Unreported and Unregulated Fishing, done at the Food and 
        Agriculture Organization of the United Nations in Rome, Italy 
        on November 22, 2009.
            (2) Authorized officer.--The term ``authorized officer'' 
        means--
                    (A) any commissioned, warrant, or petty officer of 
                the United States Coast Guard;
                    (B) any special agent or fishery enforcement 
                officer of National Marine Fisheries Service; or
                    (C) any officer designated by the head of any 
                Federal or State agency that has entered into an 
                agreement with the Secretary to enforce the provisions 
                of the Magnuson-Stevens Fishery Conservation and 
                Management Act (16 U.S.C. 1801 et seq.), or any other 
                statute administered by the National Oceanic and 
                Atmospheric Administration.
            (3) Conservation and management measures.--The term 
        ``conservation and management measures'' means binding measures 
        to conserve and manage living marine resources adopted by an 
        RFMO.
            (4) Container vessel.--The term ``container vessel'' means 
        a self-propelled ocean-going vessel constructed or adapted 
        primarily to carry ocean freight containers.
            (5) FAO.--The term ``FAO'' means the Food and Agriculture 
        Organization of the United Nations.
            (6) Fish.--The term ``fish'' includes all species of living 
        marine resources, whether processed or not.
            (7) Fishing.--The term ``fishing'' means searching for, 
        attracting, locating, catching, taking, or harvesting fish or 
        any activity which can reasonably be expected to result in the 
        attracting, locating, catching, taking, or harvesting of fish.
            (8) Fishing-related activity.--The term ``fishing-related 
        activity'' means any operation in support of, or in preparation 
        for, fishing, including--
                    (A) the landing, packaging, processing, 
                transshipping, or transporting of fish that have not 
                been previously landed at a port or place; and
                    (B) the provision of personnel, fuel, gear, and 
                other supplies at sea.
            (9) Foreign vessel.--The term ``foreign vessel'' means any 
        vessel except for a vessel of the United States.
            (10) Illegal, unreported, and unregulated fishing or iuu 
        fishing.--The term ``illegal, unreported, and unregulated 
        fishing'' or ``IUU fishing'' means any activity--
                    (A) conducted by a national or foreign vessel in 
                waters under the jurisdiction of a nation without the 
                permission of that nation, or in contravention of its 
                laws and regulations, including an activity that has 
                not been reported or has been misreported to the 
                relevant national authority of that nation in 
                contravention of its laws and regulations;
                    (B) conducted by a vessel flying the flag of a 
                nation that is a member of an RFMO in contravention of 
                the conservation and management measures adopted by the 
                RFMO and by which that nation is bound, including an 
                activity that has not been reported or has been 
                misreported in contravention of the reporting 
                requirements of that RFMO;
                    (C) conducted by a vessel flying the flag of a 
                nation that is a cooperating non-member of an RFMO that 
                is inconsistent with the commitments undertaken by that 
                nation as a cooperating non-member of that RFMO, 
                including an activity that has not been reported or has 
                been misreported in a manner that is inconsistent with 
                those commitments; or
                    (D) conducted in the area of application of an RFMO 
                by a vessel without nationality, or by a vessel flying 
                the flag of a nation that is not a member nor a 
                cooperating non-member of that RFMO and that undermines 
                the effectiveness of the conservation and management 
                measures of that RFMO.
            (11) Landing.--The term ``landing'' means to begin to 
        offload fish or to offload fish from any vessel in port or at a 
        dock, berth, beach seawall or ramp, but does not include 
        transshipment.
            (12) Listed iuu vessel.--The term ``listed IUU vessel'' 
        means a vessel that is included in a list, adopted by a 
        regional fisheries management organization, of vessels having 
        engaged in IUU fishing or fishing-related activities in support 
        of IUU fishing.
            (13) Party.--The term ``Party'' means a government or 
        regional economic integration organization for which the 
        Agreement is in force.
            (14) Person.--The term ``person'' means any individual 
        (whether or not a citizen or national of the United States), 
        corporation, partnership, association, or other entity (whether 
        or not organized or existing under the laws of any State) and 
        any Federal, State, local, or foreign government or any entity 
        of any such government.
            (15) Port.--The term ``port'' includes a roadstead, an 
        offshore terminal, and any other installation or place for 
        landing, transshipping, packaging, processing, refueling, or 
        resupplying.
            (16) Previously landed.--The term ``previously landed'' 
        means landed in a port or at a dock, berth, beach seawall, or 
        ramp and subsequently loaded onto a container or other carrier 
        vessel.
            (17) Processing.--The term ``processing'' means the 
        preparation or packaging of fish to render the fish suitable 
        for human consumption, retail sale, industrial uses, export, or 
        long-term storage, including cooking, canning, smoking, 
        salting, drying, filleting, packaging, freezing, or rendering 
        into meal or oil.
            (18) Regional fisheries management organization or rfmo.--
        The term ``regional fisheries management organization'' or 
        ``RFMO'' means an intergovernmental fisheries organization or 
        arrangement, as appropriate, that has the competence to 
        establish conservation and management measures.
            (19) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce or the Secretary of Commerce's designee.
            (20) State.--The term ``State'' means each of the several 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, American Samoa, the Virgin Islands, Guam, the Northern 
        Mariana Islands, and any other Commonwealth, territory, or 
        possession of the United States.
            (21) Transshipment.--The term ``transshipment'' means to 
        offload and onload or otherwise transfer fish or a fish product 
        from one vessel to another vessel.
            (22) Vessel.--The term ``vessel'' means any vessel, ship, 
        or boat used, equipped, or intended for fishing or a fishing-
        related activity.
            (23) Vessel of the united states.--
                    (A) In general.--The term ``vessel of the United 
                States'' means--
                            (i) a vessel documented under chapter 121 
                        of title 46, United States Code, or numbered in 
                        accordance with chapter 123 of title 46, United 
                        States Code; or
                            (ii) a vessel owned in whole or in part 
                        by--
                                    (I) the United States;
                                    (II) a State or political 
                                subdivision of a State;
                                    (III) a citizen or national of the 
                                United States; or
                                    (IV) a corporation created under 
                                the laws of the United States or any 
                                State.
                    (B) Exclusions.--The term ``vessel of the United 
                States'' does not include a vessel that has been 
                granted the nationality of a foreign nation consistent 
                with international law and a claim of nationality or 
                registry for the vessel has been made by the master or 
                individual in charge at the time of the enforcement 
                action by an officer or employee of the United States 
                authorized to enforce applicable provisions of the 
                United States law.

SEC. 4. APPLICATION.

    (a) In General.--This Act shall apply to--
            (1) each foreign vessel seeking entry to or in a port 
        subject to the jurisdiction of the United States;
            (2) each vessel of the United States seeking entry to or in 
        a port subject to the jurisdiction of another Party to the 
        Agreement; and
            (3) each person subject to the jurisdiction of the United 
        States.
    (b) Exclusions.--Notwithstanding subsection (a), this Act shall not 
apply to--
            (1) a container vessel that is not carrying fish; or
            (2) a container vessel that--
                    (A) is carrying only fish that have been previously 
                landed; and
                    (B) the Secretary has no clear grounds to suspect 
                has been engaged in IUU fishing or fishing-related 
                activities in support of IUU fishing.

SEC. 5. DUTIES OF THE SECRETARY.

    (a) Regulations.--The Secretary may promulgate such regulations, in 
accordance with section 553 of title 5, United States Code, as may be 
necessary to carry out the purposes of this Act.
    (b) Procedures.--The Secretary, in consultation with the Secretary 
of State and the Secretary of the department in which the Coast Guard 
is operating, shall develop procedures for making determinations and 
notifications as may be necessary to carry out the purposes of this 
Act.
    (c) Foreign Vessel Entry.--
            (1) In general.--The Secretary (in consultation with the 
        Secretary of Homeland Security or if the Coast Guard is not 
        operating in the Department of Homeland Security, in 
        consultation with the Secretary of the department in which the 
        Coast Guard is operating) may designate and publicize each port 
        to which a vessel described in section 4 may seek entry. The 
        Secretary shall not designate a port under this subsection 
        unless the port is designated as a port of entry for customs 
        reporting purposes under section 433 of the Tariff Act of 1930 
        (19 U.S.C. 1433).
            (2) List of designated ports.--The Secretary shall provide 
        a list of each port designated under paragraph (1) to FAO.
    (d) Electronic Exchange of Information.--In order to implement the 
requirements of the Agreement regarding electronic exchange of 
information, the Secretary is authorized to designate a point of 
contact and notify FAO of that designation. The Secretary may 
cooperate, including by providing financial assistance, in efforts to 
establish an information-sharing mechanism and to facilitate the 
exchange of information with existing databases relevant to the 
Agreement.
    (e) Information on Available Recourse.--The Secretary shall 
maintain information regarding any legal remedy available to a person 
who is affected by an action under this Act. The Secretary shall make 
the information publicly accessible and, upon written request, shall 
provide the information to the owner, operator, master, or 
representative of a vessel.

SEC. 6. ADVANCE NOTICE OF VESSEL ARRIVAL, AUTHORIZATION, OR DENIAL OF 
              PORT ENTRY.

    (a) Advance Notice of Vessel Arrival.--Each vessel described in 
section 4(a) shall submit to the Secretary of the department in which 
the Coast Guard is operating information required under the Agreement 
in advance of the vessel's arrival in a port. The Secretary shall, in 
consultation with the Secretary of the Department in which the Coast 
Guard is operating and the Secretary of State, promulgate regulations 
to establish a procedure that requires each foreign vessel seeking 
entry into a U.S. port to submit, at a minimum, the information 
required under the Agreement in advance of the vessel's arrival in a 
port. The procedure shall utilize, to the maximum extent possible, 
existing reporting mechanisms maintained and operated by the department 
in which the Coast Guard is operating.
    (b) Authorization or Denial of Port Entry.--
            (1) In general.--In conformance with the procedures under 
        section 5(b) the Secretary shall--
                    (A) decide whether to authorize or deny port entry; 
                and
                    (B) communicate the decision to the vessel or its 
                representative in accordance with the procedure under 
                subsection (a).
            (2) Denial of entry.--The Secretary may deny entry to--
                    (A) any listed IUU vessel;
                    (B) any vessel that the Secretary has reasonable 
                grounds to believe has engaged in IUU fishing or 
                fishing-related activities in support of IUU fishing; 
                or
                    (C) any vessel that the Secretary has reasonable 
                grounds to believe has violated this Act.
            (3) Permissible entry.--Notwithstanding paragraph (2), the 
        Secretary may allow a vessel entry into port--
                    (A) for the purpose of rendering assistance to a 
                vessel or person in danger or distress;
                    (B) for the scrapping of the vessel, as 
                appropriate; or
                    (C) for inspection or other enforcement action.
    (c) Notice.--If entry is denied under subsection (b), the Secretary 
shall provide notice of the decision to the flag nation of the vessel 
and, as appropriate, to each relevant coastal nation, RFMO, and other 
international organization.

SEC. 7. DENIAL OF PORT SERVICES.

    (a) In General.--A vessel that has been granted authorization to 
enter port under section 6 or that is otherwise in a port subject to 
the jurisdiction of the United States shall be denied, by the 
Secretary, the use of the port for landing, transshipment, packaging 
and processing of fish, refueling, resupplying, maintenance, and 
drydocking, if--
            (1) the vessel entered port without authorization under 
        section 6;
            (2) the vessel is a listed IUU vessel;
            (3) the Secretary has reasonable grounds to believe that 
        the vessel lacks valid authorizations to engage in fishing or 
        fishing-related activities as required by its flag nation or 
        the relevant coastal nation;
            (4) the Secretary has reasonable grounds to believe that 
        the fish on board the vessel were taken in violation of foreign 
        law or in contravention of any conservation and management 
        measures;
            (5) the Secretary requested confirmation from the flag 
        nation that the fish on board were taken in accordance with 
        applicable conservation and management measures, and the flag 
        nation failed to provide confirmation in accordance with 
        regulations promulgated under this Act; or
            (6) the Secretary has reasonable grounds to believe that 
        the vessel has engaged in IUU fishing or fishing-related 
        activities in support of IUU fishing, including in support of a 
        listed IUU vessel, unless the vessel can establish that--
                    (A) the vessel was acting in a manner consistent 
                with applicable conservation and management measures; 
                or
                    (B) in the case of the provision of personnel, 
                fuel, gear, and other supplies at sea, the vessel 
                provisioned was not, at the time of provisioning, a 
                listed IUU vessel.
    (b) Permissible Use of Port Services.--Notwithstanding subsection 
(a), the Secretary may allow the use of port services---
            (1) if the vessel has established that the services are 
        essential to the safety or health of the crew or safety of the 
        vessel;
            (2) for the scrapping of the vessel, as appropriate; or
            (3) for inspection or other enforcement action.
    (c) Notice.--If use of port services is denied under subsection 
(a), the Secretary, acting through the Secretary of State, shall 
provide notice of the decision to the flag nation of the vessel and, as 
appropriate, to each relevant coastal nation, RFMO, and other 
international organization.
    (d) Withdrawal of Denial.--The Secretary shall withdraw denial of 
the use of port services if the Secretary determines that the grounds 
on which the use was denied were inadequate, erroneous, or no longer 
applicable. The Secretary shall provide notification of the withdrawal 
promptly to each person that was notified under subsection (c).

SEC. 8. INSPECTIONS.

    (a) Inspections.--The Secretary and the Secretary of the department 
in which the Coast Guard is operating shall conduct vessel inspections, 
as necessary, for the purposes of the Agreement and this Act. In 
conducting a vessel inspection, the Secretary may utilize by agreement, 
on a reimbursable or nonreimbursable basis, the personnel services, 
equipment (including aircraft and vessels), and facilities of any other 
Federal agency (including all elements of the Department of Defense), 
and of any State agency. The Secretary shall prioritize vessel 
inspections based on--
            (1) whether a vessel has been denied entry or use of a port 
        in accordance with the Agreement;
            (2) a request from another relevant Party, State, or RFMO 
        that a certain vessel be inspected, particularly if the request 
        is supported by evidence of IUU fishing or fishing-related 
        activities in support of IUU fishing by the vessel in question; 
        and
            (3) whether there are clear grounds to suspect that a 
        vessel has engaged in IUU fishing or fishing-related activities 
        in support of IUU fishing.
    (b) Transmittal of Inspection Results.--The Secretary shall 
transmit the results of an inspection under this Act to the flag nation 
of the inspected vessel and, as appropriate, to--
            (1) each relevant Party and nation, including a relevant 
        coastal nation and the nation of which the vessel's master is a 
        national;
            (2) each relevant RFMO;
            (3) the FAO; and
            (4) any other relevant international organization.
    (c) Actions Following Inspection.--If, following an inspection, the 
Secretary has reasonable grounds to believe that a foreign vessel has 
engaged in IUU fishing or fishing-related activities in support of IUU 
fishing--
            (1) the Secretary may take enforcement action under this 
        Act or other applicable law; and
            (2) the Secretary shall--
                    (A) acting through the Secretary of State, promptly 
                notify the flag nation of the vessel and, as 
                appropriate, each relevant coastal nation, RFMO, and 
                other international organization, and the nation of 
                which the vessel's master is a national; and
                    (B) deny the vessel the use of port services, in 
                accordance with section 7.

SEC. 9. PROHIBITED ACTS.

    It is unlawful for any person--
            (1) to violate any provision of this Act or any regulation 
        promulgated thereunder;
            (2) to refuse to permit an authorized officer to board, 
        search, or inspect any vessel, conveyance, or shoreside 
        facility that is subject to the person's control, for the 
        purpose of conducting any search, investigation, or inspection 
        in connection with the enforcement of this Act or any 
        regulation promulgated thereunder;
            (3) to forcibly assault, resist, oppose, impede, 
        intimidate, or interfere with any authorized officer in the 
        conduct of any search, investigation, or inspection described 
        in paragraph (2);
            (4) to resist a lawful arrest for any act prohibited by 
        this Act;
            (5) to interfere with, delay, or prevent, by any means, the 
        apprehension, arrest, or detection of another person, knowing 
        that such person has committed any act prohibited by this 
        section;
            (6) to submit any false information pursuant to any 
        requirement under this Act or any regulation promulgated under 
        this Act;
            (7) to forcibly assault, resist, oppose, impede, 
        intimidate, sexually harass, bribe, or interfere with any 
        observer or any data collector employed or under contract to 
        carry out responsibilities under this Act or any Act 
        administered by the Secretary;
            (8) to import, export, transport, sell, receive, acquire, 
        or purchase in interstate or foreign commerce any fish or fish 
        product taken, possessed, transported, or sold in violation of 
        any foreign law or treaty addressing the conservation or 
        management of living marine resources, or any conservation and 
        management measures (as defined in section 3); or
            (9) to make or submit any incomplete, invalid, or false 
        record, account, or label for, or any false identification of, 
        any fish or fish product (including false identification of the 
        species, harvesting vessel or nation, or the date or location 
        where harvested) that has been, or is intended to be imported, 
        exported, transported, sold, offered for sale, purchased, or 
        received in interstate or foreign commerce except where such 
        making or submission is prohibited by section 307(1)(I) of the 
        Magnuson Fishery Conservation and Management Act (16 U.S.C. 
        1857(1)(I)).

SEC. 10. ENFORCEMENT.

    (a) Responsibility.--The Secretary and the Secretary of the 
department in which the Coast Guard is operating shall enforce the 
provisions of this Act. In enforcing this Act, the Secretary and the 
Secretary of the department in which the Coast Guard is operating may 
utilize, by agreement and on a reimbursable or nonreimbursable basis 
the personnel, services, equipment (including aircraft and vessels), 
and facilities of any other Federal agency (including all elements of 
the Department of Defense), or of any State agency. The Secretary and 
the Secretary of the department in which the Coast Guard is operating 
shall authorize officers to enforce the provisions of this Act 
(including any regulation promulgated under this Act). The head of any 
Federal or State agency that has entered into an agreement with either 
the Secretary or the Secretary of the department in which the Coast 
Guard is operating under this section may (if the agreement so 
provides) authorize officers to enforce the provisions of this Act 
(including any regulation promulgated under this Act).
    (b) Powers of Authorized Officers.--
            (1) In general.--An authorized officer under subsection (a) 
        may, with or without a warrant or other process--
                    (A) arrest a person if the officer has probable 
                cause that the person has committed an act prohibited 
                under section 9;
                    (B) board and search or inspect any vessel that is 
                subject to this Act;
                    (C) seize any vessel (together with its fishing 
                gear, furniture, appurtenances, stores, and cargo) used 
                or employed in, or with respect to which it reasonably 
                appears that such vessel was used or employed in, the 
                violation of any provision of this Act (including any 
                regulation promulgated under this Act);
                    (D) seize any fish (wherever found) imported, 
                exported, transported, sold, received, acquired, or 
                purchased in any manner, in connection with or as a 
                result of the violation of any provision of this Act;
                    (E) seize any other evidence related to any 
                violation of any provision of this Act (including any 
                regulation promulgated under this Act);
                    (F) search or inspect any facility or conveyance 
                used or employed in, or which reasonably appears to be 
                used or employed in, the storage, processing, 
                transport, or trade of fish or fish products;
                    (G) inspect records pertaining to the storage, 
                processing, transport, or trade of fish or fish 
                products;
                    (H) detain, for a period not to exceed 14 days, any 
                shipment of fish or fish products that is related to 
                any violation of any provision of this Act (including 
                any regulations promulgated under this Act) and that 
                was imported into, landed on, introduced into, exported 
                from, or transported within the jurisdiction of the 
                United States, or, if such fish or fish product is 
                deemed to be perishable, sell and retain the proceeds 
                for a period not to exceed 14 days;
                    (I) search and seize, in accordance with any 
                guidelines issued by the Attorney General;
                    (J) execute and serve any subpoena, arrest warrant, 
                search warrant issued in accordance with rule 41 of the 
                Federal Rules of Criminal Procedure, or other warrant 
                or civil or criminal process issued by any officer or 
                court of competent jurisdiction;
                    (K) access, directly or indirectly, for enforcement 
                purposes any data or information required to be 
                provided under this Act (including any regulations 
                promulgated under this Act), including data from vessel 
                monitoring systems, automatic identification systems, 
                long-range identification and tracking systems, or any 
                similar system; and
                    (L) exercise any other lawful authority.
            (2) Felonies.--An authorized officer under subsection (a) 
        may carry, in accordance with any guidelines issued by the 
        Attorney General, firearms and may make an arrest for any 
        offense under the laws of the United States committed in the 
        officer's presence or for the commission of any felony under 
        the laws of the United States if the officer has probable cause 
        that the person to be arrested has committed or is committing a 
        felony.
    (c) Issuance of Citations.--If an authorized officer under 
subsection (a) finds that a person or vessel is engaging or has been 
engaged in a violation of any provision of this Act, the officer may 
issue a citation to the owner or operator of the vessel in lieu of 
proceeding under subsection (f), (g), or (i). The Secretary shall 
maintain a record of all citations issued under this subsection.
    (d) Subpoenas.--
            (1) In general.--For the purposes of conducting any 
        investigation or hearing under this Act, or any other Act 
        administered by the Secretary, the Secretary may--
                    (A) issue subpoenas for the attendance and 
                testimony of witnesses and the production of relevant 
                papers, photographs, records, books, and documents in 
                any form, including those in electronic, optical, or 
                magnetic form; and
                    (B) administer oaths.
            (2) Witness fees.--Witnesses summoned shall be paid the 
        same fees and mileage that are paid to witnesses in the courts 
        of the United States.
            (3) Contempt.--In case of contempt or refusal to obey a 
        subpoena served upon any person under this subsection, the 
        district court of the United States for any district in which 
        such person is found, resides, or transacts business, upon 
        application by the United States and after notice to such 
        person, shall have jurisdiction to issue an order requiring 
        such person to appear and give testimony before the Secretary 
        or to appear and produce documents before the Secretary, or 
        both, and any failure to obey such order of the court may be 
        punished by such court as a contempt thereof.
    (e) District Court Jurisdiction.--
            (1) In general.--The several district courts of the United 
        States shall have jurisdiction over any actions arising under 
        this section. For the purpose of this section, for Hawaii or 
        any possession of the United States in the Pacific Ocean, the 
        appropriate court is the United States District Court for the 
        District of Hawaii, except--
                    (A) in the case of Guam and Wake Island, the 
                appropriate court is the United States District Court 
                for the District of Guam; and
                    (B) in the case of the Northern Mariana Islands, 
                the appropriate court is the United States District 
                Court for the District of the Northern Mariana Islands.
            (2) Each violation separate offense.--Each violation shall 
        be a separate offense. The offense shall be deemed to have been 
        committed not only in the district where the violation first 
        occurred, but also in any other district as authorized by law.
            (3) Offenses not committed in any district.--Any offense 
        not committed in any district is subject to the venue 
        provisions of section 3238 of title 18, United States Code.
    (f) Civil Enforcement.--
            (1) Civil administrative penalties.--
                    (A) In general.--Any person who is found by the 
                Secretary (after notice and opportunity for a hearing 
                in accordance with section 554 of title 5, United 
                States Code) to have committed an act prohibited under 
                section 9 shall be liable to the United States for a 
                civil penalty. The amount of the civil penalty shall 
                not exceed $250,000 for each violation. Each day of a 
                continuing violation shall constitute a separate 
                offense. The amount of such civil penalty shall be 
                assessed by the Secretary, by written notice. In 
                determining the amount of such penalty, the Secretary 
                shall take into account the nature, circumstances, 
                extent, and gravity of the prohibited act committed 
                and, with respect to the violator, the degree of 
                culpability, any history of prior offenses, and other 
                matters as justice may require. In assessing such 
                penalty the Secretary may also consider any information 
                provided by the violator relating to the ability of the 
                violator to pay if the information is served on the 
                Secretary not later than 30 days prior to an 
                administrative hearing.
                    (B) Compromise or other action by secretary.--The 
                Secretary may compromise, modify, or remit, with or 
                without conditions, any civil administrative penalty 
                which is or may be imposed under this subsection and 
                that has not been referred to the Attorney General for 
                further enforcement action.
            (2) Civil judicial penalties.--Any person who violates any 
        provision of this Act (including any regulation promulgated or 
        permit issued thereunder) shall be subject to a civil judicial 
        penalty not to exceed $300,000 for each such violation. Each 
        day of a continuing violation shall constitute a separate 
        violation. The Attorney General, upon the request of the 
        Secretary, may commence a civil action in an appropriate 
        district court of the United States. The district court shall 
        have jurisdiction to award civil penalties and such other 
        relief as justice may require. In determining the amount of a 
        civil penalty, the district court shall take into account the 
        nature, circumstances, extent, and gravity of the prohibited 
        act committed and, with respect to the violator, the degree of 
        culpability, any history of prior violations, and such other 
        matters as justice may require. In imposing such penalty, the 
        district court may also consider information related to the 
        ability of the violator to pay.
            (3) In rem jurisdiction.--A vessel (including its fishing 
        gear, furniture, appurtenances, stores, and cargo) used in the 
        commission of an act prohibited by section 9 shall be liable in 
        rem for any civil penalty assessed for such violation under 
        this section and may be proceeded against in any district court 
        of the United States having jurisdiction thereof. Such penalty 
        shall constitute a maritime lien on such vessel. The maritime 
        lien on the vessel may be recovered in an action in rem in the 
        district court of the United States having jurisdiction over 
        the vessel.
            (4) Collection of administrative penalties.--If a person 
        fails to pay an assessment of a civil penalty under paragraph 
        (1) after it has become a final and unappealable order, the 
        Secretary shall refer the matter to the Attorney General. The 
        Attorney General shall recover the amount assessed (plus 
        interest at current prevailing rates from the date of the final 
        order) in any appropriate district court of the United States. 
        In such action, the validity and appropriateness of the final 
        order imposing the civil penalty shall not be subject to 
        review. Any person who fails to pay, on a timely basis, the 
        amount of an assessment of a civil penalty shall be required to 
        pay (in addition to such amount and interest, attorney's fees, 
        and costs for collection proceedings) a quarterly nonpayment 
        penalty for each quarter during which such failure to pay 
        persists. Such nonpayment penalty shall be in an amount equal 
        to 20 percent of the aggregate amount of such person's 
        penalties and nonpayment penalties that are unpaid as of the 
        beginning of such quarter.
    (g) Forfeiture.--
            (1) Criminal forfeiture.--A person who is convicted of an 
        offense in violation of this Act shall forfeit to the United 
        States--
                    (A) any property, real or personal, constituting or 
                traceable to the gross proceeds taken, obtained, or 
                retained, in connection with or as a result of the 
                offense, including, without limitation, any fish (or 
                the fair market value thereof); and
                    (B) any property, real or personal, used or 
                intended to be used, in any manner, to commit or 
                facilitate the commission of the offense, including, 
                without limitation, any vessel (including the vessel's 
                equipment, stores, catch and cargo), vehicle, aircraft, 
                or other means of transportation. Pursuant to section 
                2461(c) of title 28, United States Code, the provisions 
                of section 413 of the Controlled Substances Act (21 
                U.S.C. Sec.  853) except for subsection (d) of that Act 
                shall apply to criminal forfeitures under this section.
            (2) Civil forfeiture.--The property set forth below shall 
        be subject to forfeiture to the United States in accordance 
        with the provisions of chapter 46 of title 18, United States 
        Code, and no property right shall exist in it:
                    (A) Any property, real or personal, constituting or 
                traceable to the gross proceeds taken, obtained, or 
                retained in connection with, or as a result of, a 
                violation of this Act, including, without limitation, 
                any fish (or the fair market value thereof).
                    (B) Any property, real or personal, used or 
                intended to be used, in any manner, to commit or 
                facilitate the commission of a violation of this Act, 
                including, without limitation, any vessel (including 
                the vessel's equipment, stores, catch, and cargo), 
                vehicle, aircraft, or other means of transportation.
            (3) Application of the customs laws.--All provisions of law 
        relating to seizure, summary judgment, and judicial forfeiture 
        and condemnation for violation of the customs laws, the 
        disposition of the property forfeited or condemned or the 
        proceeds from the sale thereof, the remission or mitigation of 
        such forfeitures, and the compromise of claims shall apply to 
        seizures and forfeitures incurred, or alleged to have been 
        incurred, under the provisions of this Act, insofar as 
        applicable and not inconsistent with the provisions hereof. For 
        seizures and forfeitures of property under this section by the 
        Secretary, such duties as are imposed upon the customs officer 
        or any other person with respect to the seizure and forfeiture 
        of property under the customs law may be performed by such 
        officers as are designated by the Secretary or, upon request of 
        the Secretary, by any other agency that has authority to manage 
        and dispose of seized property.
            (4) Presumption.--For the purposes of this section there is 
        a rebuttable presumption that all fish, or components thereof, 
        found on board a vessel that is used or seized in connection 
        with a violation of this Act (including any regulation 
        promulgated under this Act) were taken, obtained, or retained 
        as a result of IUU fishing or fishing-related activities in 
        support of IUU fishing.
    (h) Criminal Enforcement.--
            (1) Any person (other than a foreign government agency, or 
        entity wholly owned and controlled by a foreign government) who 
        knowingly commits any act prohibited by section 9 of this Act 
        shall be imprisoned for not more than 5 years or fined not more 
        than $500,000 for individuals or $1,000,000 for an 
        organization, or both; except that if in the commission of any 
        such offense the individual uses a dangerous weapon, engages in 
        conduct that causes bodily injury to any officer authorized to 
        enforce the provisions of this Act, or places any such officer 
        in fear of imminent bodily injury, the maximum term of 
        imprisonment is not more than 10 years.
            (2) Any person (other than a foreign government agency, or 
        entity wholly owned and controlled by a foreign government) who 
        violates paragraph (2), (3), (4), (5) or (6) of section 9, and 
        who, in the exercise of due care should know that such person's 
        conduct violates such subsections, shall be fined under title 
        18, United States Code, or imprisoned not more than 1 year, or 
        both.
    (i) Payment of Storage, Care, and Other Costs.--Any person assessed 
a civil penalty for, or convicted of, any violation of this Act 
(including any regulation promulgated under this Act) and any claimant 
in a forfeiture action brought for such a violation, shall be liable 
for the reasonable costs incurred by the Secretary in storage, care, 
and maintenance of any property seized in connection with the 
violation.

SEC. 11. INTERNATIONAL COOPERATION AND ASSISTANCE.

    (a) In General.--To the greatest extent possible, consistent with 
existing authority and the availability of funds, the Secretary shall 
provide appropriate assistance, including grants, to developing nations 
and international organizations of which such nations are members to 
assist those nations in meeting their obligations under the Agreement.
    (b) Use of Resources.--In carrying out subsection (a), the 
Secretary may, by agreement, on a reimbursable or nonreimbursable 
basis, utilize the personnel, services, equipment, and facilities of 
any individual, corporation, partnership, association, or other entity, 
and any Federal, State, local, or foreign government or any entity of 
any such government.
    (c) Transfer of Funds.--The Secretary is authorized to transfer 
funds, subject to the limits of available appropriations, to any 
foreign government and any international, non-governmental, or 
intergovernmental organization for purposes related to carrying out the 
international responsibilities of subsection (a) or any statute 
administered by the Secretary.

SEC. 12. RELATIONSHIP TO OTHER LAWS.

    (a) Statutory Construction.--Nothing in this Act shall be construed 
to displace any requirements imposed by the customs laws of the United 
States or any other laws or regulations enforced or administered by the 
Secretary of Homeland Security. Where more stringent requirements 
regarding port entry or access to port services exist under other 
Federal law, the more stringent requirements shall apply. Nothing in 
this Act shall affect a vessel's entry into port, in accordance with 
international law, for reasons of force majeure or distress.
    (b) Statutory Interpretation.--This Act shall be interpreted and 
applied in accordance with United States obligations under 
international law.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Secretary such sums 
as are necessary for each of fiscal years 2012 through 2016 to carry 
out the provisions of this Act.
                                                       Calendar No. 549

112th CONGRESS

  2d Session

                                S. 1980

_______________________________________________________________________

                                 A BILL

 To prevent, deter, and eliminate illegal, unreported, and unregulated 
                  fishing through port State measures.

_______________________________________________________________________

                           November 14, 2012

                       Reported without amendment
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