II 

112TH CONGRESS 

1ST SESSION S. 1890 

To prevent forfeited fishing vessels from being transferred to private parties 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 17, 2011 

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

to the Committee on Commerce, Science, and Transportation 

A BILL 

To prevent forfeited fishing vessels from being transferred 

to private parties 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 ‘‘Pirate Fishing Vessel 

5 Disposal Act of 2011’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Stateless vessels forfeited to the United 

9 States for engaging in illegal, unreported, and un10 regulated fishing are of little inherent economic 


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1 value, and have no useful commercial fishing pur2 pose other than engaging in this type of pirate fish3 ing. 

4 (2) The environmental harm of allowing vessels 

5 seized for illegal, unreported, or unregulated fishing 

6 to return to such fishing activities far outweighs any 

7 damage to the environment caused by sinking or 

8 otherwise disposing of such vessels at appropriate 

9 depths and distances from shore after proper decon10 tamination procedures and disposal site selection 

11 have been followed. 

12 (3) Maritime threats to the United States in13 creasingly involve asymmetrical warfare and the 

14 Navy and Coast Guard need to be prepared for such 

15 threats. 

16 (4) Using vessels forfeited for engaging in ille17 gal, unreported, or unregulated fishing in live-fire 

18 sinking exercises represents an important oppor19 tunity for the Armed Forces to prepare for such 

20 asymmetrical maritime warfare. 

21 (5) Since the oils and hazardous and toxic sub22 stances aboard such vessels pose a threat to the ma23 rine environment, and since such vessels are essen24 tially abandoned assets, it is appropriate to use the 


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1 Oil Spill Liability Trust Fund to prevent pollution 

2 and pay for decontamination costs for such vessels. 

3 SEC. 3. DEFINITIONS. 

4 In this Act: 

5 (1) ADMINISTRATOR.—Except as otherwise spe6 cifically provided, the term ‘‘Administrator’’ means 

7 the Administrator of the Maritime Administration. 

8 (2) COMMANDANT.—The term ‘‘Commandant’’ 

9 means the Commandant of the United States Coast 

10 Guard. 

11 (3) FORFEITED VESSEL.—The term ‘‘forfeited 

12 vessel’’ means a foreign or stateless vessel that is 

13 forfeited to the United States for engaging in illegal, 

14 unreported, or unregulated fishing under any of the 

15 living marine resource statutes implemented by the 

16 Secretary of Commerce. 

17 (4) ILLEGAL, UNREPORTED, OR UNREGULATED

18 FISHING.—The term ‘‘illegal, unreported, or unregu19 lated fishing’’ means fishing activities— 

20 (A) conducted by a national or foreign ves21 sel in waters under the jurisdiction of a nation 

22 without the permission of that nation, or in 

23 contravention of its laws and regulations, in24 cluding activities that have not been reported, 

25 or have been misreported, to the relevant naVerDate Mar 15 2010 02:30 Nov 19, 2011 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1890.IS S1890

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1 tional authority of that nation in contravention 

2 of its laws and regulations; 

3 (B) conducted by a vessel flying the flag of 

4 a nation that is a member of a regional fish5 eries management organization in contravention 

6 of the conservation and management measures 

7 adopted by that organization and by which that 

8 nation is bound, including activities that have 

9 not been reported, or have been misreported, in 

10 contravention of the reporting requirements of 

11 that organization; 

12 (C) conducted by a vessel flying the flag of 

13 a nation that is a cooperating non-member of a 

14 regional fisheries management organization that 

15 are inconsistent with the commitments under16 taken by that nation as a cooperating non-mem17 ber of that organization, including activities 

18 that have not been reported, or have been 

19 misreported, in a manner that is inconsistent 

20 with those commitments; or 

21 (D) conducted in the area of application of 

22 a regional fisheries management organization 

23 by a vessel without nationality or by a vessel 

24 flying the flag of a nation that is not a member 

25 nor a cooperating non-member of that organizaVerDate Mar 15 2010 02:30 Nov 19, 2011 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1890.IS S1890

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1 tion and that undermines the effectiveness of 

2 the conservation and management measures of 

3 that organization. 

4 (5) UNDER SECRETARY.—The term ‘‘Under 

5 Secretary’’ means the Under Secretary for Oceans 

6 and Atmosphere of the Department of Commerce. 

7 SEC. 4. USE OF FORFEITED VESSELS. 

8 (a) SINKING.— 

9 (1) AUTHORITY.—The Commandant is author10 ized to use a vessel described in paragraph (2) for 

11 live-fire sinking exercises if the Commandant deter12 mines that the vessel would be useful for such exer13 cises. 

14 (2) VESSEL DESCRIBED.—A vessel described in 

15 this paragraph is a vessel that is— 

16 (A) transferred to the Commandant under 

17 paragraph (3); or 

18 (B) otherwise under the administrative 

19 control of the Commandant as a forfeited ves20 sel. 

21 (3) REQUIREMENT TO TRANSFER VESSEL.— 

22 The head of an agency or department of the United 

23 States with administrative control over a forfeited 

24 vessel shall transfer such vessel to the Commandant 

25 for use in live-fire sinking exercises authorized under 


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1 paragraph (1) if the Commandant determines that 

2 the vessel would be useful for such exercises. 

3 (b) SCRAPPING OR RECYCLING OR TRANSFER FOR

4 LAW ENFORCEMENT OR OTHER PURPOSES.—If a for5 feited vessel is not transferred to or utilized by the Com6 mandant for sinking exercises under subsection (a), the 

7 forfeited vessel shall be transferred to or otherwise under 

8 the control of the Commandant, the Administrator, or the 

9 Under Secretary, as appropriate, and be— 

10 (1) scrapped or recycled by a facility in the 

11 United States or disposed of on land; 

12 (2) sold or donated to a developing nation solely 

13 for the purposes of fisheries enforcement, provided 

14 that any fishing gear is removed from the vessel; or 

15 (3) donated to a not-for-profit institution or 

16 governmental agency solely for the purposes of edu17 cation, research, or other public interest purposes 

18 with agreement from the recipient entity that vessel 

19 will never be utilized for illegal, unreported, or un20 regulated fishing or related activities. 

21 (c) LIMITATION ON EXERCISES.—The sinking exer22 cises authorized by subsection (a) shall take place only— 

23 (1) in water not less than 1,000 fathoms deep; 

24 (2) not less than 50 nautical miles from any 

25 land; 


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1 (3) not outside the exclusive economic zone of 

2 the United States; and 

3 (4) outside of any— 

4 (A) habitat area of particular concern 

5 identified under the Magnuson-Stevens Fishery 

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

7 1801 et seq.); or 

8 (B) critical habitat, as defined in section 

9 3(5) of the Endangered Species Act of 1973 

10 (16 U.S.C. 1532(5)). 

11 (d) PARTICIPATION OF THE ARMED FORCES.—The 

12 Commandant may invite the Secretary of the Army, the 

13 Secretary of the Navy, or the Secretary of the Air Force 

14 to participate in sinking exercises authorized by subsection 

15 (a). 

16 SEC. 5. DECONTAMINATION OF FORFEITED VESSELS. 

17 (a) REQUIREMENT FOR DECONTAMINATION.—Before 

18 sinking a forfeited vessel in exercises authorized by section 

19 4(a), the Commandant shall— 

20 (1) remove from such vessel any material that 

21 may degrade the marine environment, including pe22 troleum products, to the maximum extent prac23 ticable with best current techniques and in compli24 ance with— 


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1 (A) the General Permit for the Transport 

2 of Target Vessels set out in section 229.2 of 

3 title 40, Code of Federal Regulations, or any 

4 similar subsequent permit issued by the Admin5 istrator of the Environmental Protection Agen6 cy pursuant to section 102 of the Protection, 

7 Research, and Sanctuaries Act of 1972 (33 

8 U.S.C. 1412); 

9 (B) the Marine Protection, Research, and 

10 Sanctuaries Act of 1972 (33 U.S.C. 1401 et 

11 seq.); and 

12 (C) the guidance recommending best man13 agement practices for vessel preparation devel14 oped by the Maritime Administration and the 

15 Environmental Protection Agency pursuant to 

16 section 3504(b) of the Bob Stump National De17 fense Authorization Act for Fiscal Year 2003 

18 (Public Law 107–314; 16 U.S.C. 1220 note); 

19 (2) consult with the Administrator, the Sec20 retary of the Navy, and the Administrator of the 

21 Environmental Protection Agency on the proper pro22 cedures to decontaminate such vessel; and 

23 (3) remove from such vessel and properly dis24 pose of any fishing gear and other materials that are 


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1 likely to float or pose an entanglement hazard and 

2 become a threat to marine life. 

3 (b) INAPPLICABILITY OF THE TOXIC SUBSTANCES

4 CONTROL ACT.—The Toxic Substances Control Act (15 

5 U.S.C. 2601 et seq.) shall not apply to the sinking of a 

6 forfeited vessel in exercises authorized by section 4(a) and 

7 in compliance with this Act. 

8 SEC. 6. FUNDING. 

9 (a) SINKING, SCRAPPING, AND RECYCLING.— 

10 (1) AUTHORIZATION.—The Commandant is au11 thorized— 

12 (A) for a forfeited vessel to be sunk in ex13 ercises as authorized by section 4(a), to utilize 

14 funds from the Oil Spill Liability Trust Fund 

15 established by section 9509 of the Internal Rev16 enue Code of 1986 for the costs of berthing, 

17 towing, decontamination, and other prepara18 tions for such exercises; or 

19 (B) for a forfeited vessel to be scrapped or 

20 recycled as authorized by section 4(b)(1), to uti21 lize or transfer to the Administrator or Under 

22 Secretary, as appropriate, funds from such 

23 Trust Fund for the costs of berthing, towing, 

24 and for such scrapping or recycling, if such 

25 costs exceed the scrap value of the vessel. 


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1 (2) ALLOWANCE OF EXPENDITURES FROM OIL

2 SPILL LIABILITY TRUST FUND.—Paragraph (1) of 

3 section 9509(c) of the Internal Revenue Code of 

4 1986 is amended by striking ‘‘and’’ at the end of 

5 subparagraph (E), by striking the period at the end 

6 of subparagraph (F) and inserting ‘‘, and’’, and by 

7 adding at the end the following new subparagraph: 

8 ‘‘(G) for the payment of costs authorized 

9 under the Pirate Fishing Vessel Disposal Act of 

10 2011.’’. 

11 (b) SALE OR DONATION.—Section 311(e)(1) of the 

12 Magnuson-Stevens Fishery Conservation and Manage13 ment Act (16 U.S.C. 1861(e)(1)) is amended— 

14 (1) in subparagraph (E), by striking ‘‘and’’ at 

15 the end; 

16 (2) in subparagraph (F), by striking the period 

17 at the end and inserting a semicolon and ‘‘and’’; and 

18 (3) by adding at the end the following: 

19 ‘‘(G) expenses or reimburse costs associated 

20 with the sale or donation of a vessel under para21 graph (2) or (3) of section 4(b) of the Pirate Fish22 ing Vessel Disposal Act of 2011, including berthing, 

23 towing, decontamination, and other preparation of 

24 the vessel for sale or transfer.’’. 


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1 SEC. 7. EFFECTIVE DATE. 

2 This Act shall apply to all forfeited vessels surren3 dered or seized and forfeited after September 1, 2011. 

Æ 


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