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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1890 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pirate Fishing Vessel Disposal Act 
of 2011''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Stateless vessels forfeited to the United States for 
        engaging in illegal, unreported, and unregulated fishing are of 
        little inherent economic value, and have no useful commercial 
        fishing purpose other than engaging in this type of pirate 
        fishing.
            (2) The environmental harm of allowing vessels seized for 
        illegal, unreported, or unregulated fishing to return to such 
        fishing activities far outweighs any damage to the environment 
        caused by sinking or otherwise disposing of such vessels at 
        appropriate depths and distances from shore after proper 
        decontamination procedures and disposal site selection have 
        been followed.
            (3) Maritime threats to the United States increasingly 
        involve asymmetrical warfare and the Navy and Coast Guard need 
        to be prepared for such threats.
            (4) Using vessels forfeited for engaging in illegal, 
        unreported, or unregulated fishing in live-fire sinking 
        exercises represents an important opportunity for the Armed 
        Forces to prepare for such asymmetrical maritime warfare.
            (5) Since the oils and hazardous and toxic substances 
        aboard such vessels pose a threat to the marine environment, 
        and since such vessels are essentially abandoned assets, it is 
        appropriate to use the Oil Spill Liability Trust Fund to 
        prevent pollution and pay for decontamination costs for such 
        vessels.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--Except as otherwise specifically 
        provided, the term ``Administrator'' means the Administrator of 
        the Maritime Administration.
            (2) Commandant.--The term ``Commandant'' means the 
        Commandant of the United States Coast Guard.
            (3) Forfeited vessel.--The term ``forfeited vessel'' means 
        a foreign or stateless vessel that is forfeited to the United 
        States for engaging in illegal, unreported, or unregulated 
        fishing under any of the living marine resource statutes 
        implemented by the Secretary of Commerce.
            (4) Illegal, unreported, or unregulated fishing.--The term 
        ``illegal, unreported, or unregulated fishing'' means fishing 
        activities--
                    (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 activities that have 
                not been reported, or have 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 a regional fisheries 
                management organization in contravention of the 
                conservation and management measures adopted by that 
                organization and by which that nation is bound, 
                including activities that have not been reported, or 
                have been misreported, in contravention of the 
                reporting requirements of that organization;
                    (C) conducted by a vessel flying the flag of a 
                nation that is a cooperating non-member of a regional 
                fisheries management organization that are inconsistent 
                with the commitments undertaken by that nation as a 
                cooperating non-member of that organization, including 
                activities that have not been reported, or have been 
                misreported, in a manner that is inconsistent with 
                those commitments; or
                    (D) conducted in the area of application of a 
                regional fisheries management organization 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 organization and that undermines the 
                effectiveness of the conservation and management 
                measures of that organization.
            (5) Under secretary.--The term ``Under Secretary'' means 
        the Under Secretary for Oceans and Atmosphere of the Department 
        of Commerce.

SEC. 4. USE OF FORFEITED VESSELS.

    (a) Sinking.--
            (1) Authority.--The Commandant is authorized to use a 
        vessel described in paragraph (2) for live-fire sinking 
        exercises if the Commandant determines that the vessel would be 
        useful for such exercises.
            (2) Vessel described.--A vessel described in this paragraph 
        is a vessel that is--
                    (A) transferred to the Commandant under paragraph 
                (3); or
                    (B) otherwise under the administrative control of 
                the Commandant as a forfeited vessel.
            (3) Requirement to transfer vessel.--The head of an agency 
        or department of the United States with administrative control 
        over a forfeited vessel shall transfer such vessel to the 
        Commandant for use in live-fire sinking exercises authorized 
        under paragraph (1) if the Commandant determines that the 
        vessel would be useful for such exercises.
    (b) Scrapping or Recycling or Transfer for Law Enforcement or Other 
Purposes.--If a forfeited vessel is not transferred to or utilized by 
the Commandant for sinking exercises under subsection (a), the 
forfeited vessel shall be transferred to or otherwise under the control 
of the Commandant, the Administrator, or the Under Secretary, as 
appropriate, and be--
            (1) scrapped or recycled by a facility in the United States 
        or disposed of on land;
            (2) sold or donated to a developing nation solely for the 
        purposes of fisheries enforcement, provided that any fishing 
        gear is removed from the vessel; or
            (3) donated to a not-for-profit institution or governmental 
        agency solely for the purposes of education, research, or other 
        public interest purposes with agreement from the recipient 
        entity that vessel will never be utilized for illegal, 
        unreported, or unregulated fishing or related activities.
    (c) Limitation on Exercises.--The sinking exercises authorized by 
subsection (a) shall take place only--
            (1) in water not less than 1,000 fathoms deep;
            (2) not less than 50 nautical miles from any land;
            (3) not outside the exclusive economic zone of the United 
        States; and
            (4) outside of any--
                    (A) habitat area of particular concern identified 
                under the Magnuson-Stevens Fishery Conservation and 
                Management Act (16 U.S.C. 1801 et seq.); or
                    (B) critical habitat, as defined in section 3(5) of 
                the Endangered Species Act of 1973 (16 U.S.C. 1532(5)).
    (d) Participation of the Armed Forces.--The Commandant may invite 
the Secretary of the Army, the Secretary of the Navy, or the Secretary 
of the Air Force to participate in sinking exercises authorized by 
subsection (a).

SEC. 5. DECONTAMINATION OF FORFEITED VESSELS.

    (a) Requirement for Decontamination.--Before sinking a forfeited 
vessel in exercises authorized by section 4(a), the Commandant shall--
            (1) remove from such vessel any material that may degrade 
        the marine environment, including petroleum products, to the 
        maximum extent practicable with best current techniques and in 
        compliance with--
                    (A) the General Permit for the Transport of Target 
                Vessels set out in section 229.2 of title 40, Code of 
                Federal Regulations, or any similar subsequent permit 
                issued by the Administrator of the Environmental 
                Protection Agency pursuant to section 102 of the 
                Protection, Research, and Sanctuaries Act of 1972 (33 
                U.S.C. 1412);
                    (B) the Marine Protection, Research, and 
                Sanctuaries Act of 1972 (33 U.S.C. 1401 et seq.); and
                    (C) the guidance recommending best management 
                practices for vessel preparation developed by the 
                Maritime Administration and the Environmental 
                Protection Agency pursuant to section 3504(b) of the 
                Bob Stump National Defense Authorization Act for Fiscal 
                Year 2003 (Public Law 107-314; 16 U.S.C. 1220 note);
            (2) consult with the Administrator, the Secretary of the 
        Navy, and the Administrator of the Environmental Protection 
        Agency on the proper procedures to decontaminate such vessel; 
        and
            (3) remove from such vessel and properly dispose of any 
        fishing gear and other materials that are likely to float or 
        pose an entanglement hazard and become a threat to marine life.
    (b) Inapplicability of the Toxic Substances Control Act.--The Toxic 
Substances Control Act (15 U.S.C. 2601 et seq.) shall not apply to the 
sinking of a forfeited vessel in exercises authorized by section 4(a) 
and in compliance with this Act.

SEC. 6. FUNDING.

    (a) Sinking, Scrapping, and Recycling.--
            (1) Authorization.--The Commandant is authorized--
                    (A) for a forfeited vessel to be sunk in exercises 
                as authorized by section 4(a), to utilize funds from 
                the Oil Spill Liability Trust Fund established by 
                section 9509 of the Internal Revenue Code of 1986 for 
                the costs of berthing, towing, decontamination, and 
                other preparations for such exercises; or
                    (B) for a forfeited vessel to be scrapped or 
                recycled as authorized by section 4(b)(1), to utilize 
                or transfer to the Administrator or Under Secretary, as 
                appropriate, funds from such Trust Fund for the costs 
                of berthing, towing, and for such scrapping or 
                recycling, if such costs exceed the scrap value of the 
                vessel.
            (2) Allowance of expenditures from oil spill liability 
        trust fund.--Paragraph (1) of section 9509(c) of the Internal 
        Revenue Code of 1986 is amended by striking ``and'' at the end 
        of subparagraph (E), by striking the period at the end of 
        subparagraph (F) and inserting ``, and'', and by adding at the 
        end the following new subparagraph:
                    ``(G) for the payment of costs authorized under the 
                Pirate Fishing Vessel Disposal Act of 2011.''.
    (b) Sale or Donation.--Section 311(e)(1) of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1861(e)(1)) is 
amended--
            (1) in subparagraph (E), by striking ``and'' at the end;
            (2) in subparagraph (F), by striking the period at the end 
        and inserting a semicolon and ``and''; and
            (3) by adding at the end the following:
            ``(G) expenses or reimburse costs associated with the sale 
        or donation of a vessel under paragraph (2) or (3) of section 
        4(b) of the Pirate Fishing Vessel Disposal Act of 2011, 
        including berthing, towing, decontamination, and other 
        preparation of the vessel for sale or transfer.''.

SEC. 7. EFFECTIVE DATE.

    This Act shall apply to all forfeited vessels surrendered or seized 
and forfeited after September 1, 2011.
                                 <all>
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