II 

113TH CONGRESS 

1ST SESSION S. 267 

To prevent, deter, and eliminate illegal, unreported, and unregulated fishing 

through port State measures. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 11, 2013 

Mr. ROCKEFELLER (for himself, Mr. BEGICH, Ms. MURKOWSKI, Mr. SCHATZ, 

MS. CANTWELL, Mr. WHITEHOUSE, Mr. WYDEN, MS. HIRONO, Mr. 

MERKLEY, and Mr. NELSON) introduced the following bill; which was 

read twice and referred to the Committee on Commerce, Science, and 

Transportation 

A BILL 

To prevent, deter, and eliminate illegal, unreported, and 

unregulated fishing through port State measures. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Pirate Fishing Elimination Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Purpose. 

Sec. 3. Definitions. 

Sec. 4. Application. 


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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. 

1 SEC. 2. PURPOSE. 

2 The purpose of this Act is to implement the Agree3 ment on Port State Measures to Prevent, Deter and 

4 Eliminate Illegal, Unreported and Unregulated Fishing, 

5 done at the Food and Agriculture Organization of the 

6 United Nations in Rome, Italy on November 22, 2009. 

7 SEC. 3. DEFINITIONS. 

8 In this Act: 

9 (1) AGREEMENT.—The term ‘‘Agreement’’ 

10 means the Agreement on Port State Measures to 

11 Prevent, Deter and Eliminate Illegal, Unreported 

12 and Unregulated Fishing, done at the Food and Ag13 riculture Organization of the United Nations in 

14 Rome, Italy on November 22, 2009. 

15 (2) AUTHORIZED OFFICER.—The term ‘‘author16 ized officer’’ means— 

17 (A) any commissioned, warrant, or petty 

18 officer of the United States Coast Guard; 

19 (B) any special agent or fishery enforce20 ment officer of National Marine Fisheries Serv21 ice; or 


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1 (C) any officer designated by the head of 

2 any Federal or State agency that has entered 

3 into an agreement with the Secretary to enforce 

4 the provisions of the Magnuson-Stevens Fishery 

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

6 1801 et seq.), or any other statute administered 

7 by the National Oceanic and Atmospheric Ad8 ministration. 

9 (3) CONSERVATION AND MANAGEMENT MEAS10 URES.—The term ‘‘conservation and management 

11 measures’’ means binding measures to conserve and 

12 manage living marine resources adopted by an 

13 RFMO. 

14 (4) CONTAINER VESSEL.—The term ‘‘container 

15 vessel’’ means a self-propelled ocean-going vessel 

16 constructed or adapted primarily to carry ocean 

17 freight containers. 

18 (5) FAO.—The term ‘‘FAO’’ means the Food 

19 and Agriculture Organization of the United Nations. 

20 (6) FISH.—The term ‘‘fish’’ includes all species 

21 of living marine resources, whether processed or not. 

22 (7) FISHING.—The term ‘‘fishing’’ means 

23 searching for, attracting, locating, catching, taking, 

24 or harvesting fish or any activity which can reasonVerDate Mar 15 2010 22:31 Feb 19, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S267.IS S267

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1 ably be expected to result in the attracting, locating, 

2 catching, taking, or harvesting of fish. 

3 (8) FISHING-RELATED ACTIVITY.—The term 

4 ‘‘fishing-related activity’’ means any operation in 

5 support of, or in preparation for, fishing, includ6 ing— 

7 (A) the landing, packaging, processing, 

8 transshipping, or transporting of fish that have 

9 not been previously landed at a port or place; 

10 and 

11 (B) the provision of personnel, fuel, gear, 

12 and other supplies at sea. 

13 (9) FOREIGN VESSEL.—The term ‘‘foreign ves14 sel’’ means any vessel except for a vessel of the 

15 United States. 

16 (10) ILLEGAL, UNREPORTED, AND UNREGU17 LATED FISHING OR IUU FISHING.—The term ‘‘ille18 gal, unreported, and unregulated fishing’’ or ‘‘IUU 

19 fishing’’ means any activity— 

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 an activity that has not been reported 

25 or has been misreported to the relevant national 


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1 authority of that nation in contravention of its 

2 laws and regulations; 

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

4 a nation that is a member of an RFMO in con5 travention of the conservation and management 

6 measures adopted by the RFMO and by which 

7 that nation is bound, including an activity that 

8 has not been reported or has been misreported 

9 in contravention of the reporting requirements 

10 of that RFMO; 

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

12 a nation that is a cooperating non-member of 

13 an RFMO that is inconsistent with the commit14 ments undertaken by that nation as a cooper15 ating non-member of that RFMO, including an 

16 activity that has not been reported or has been 

17 misreported in a manner that is inconsistent 

18 with those commitments; or 

19 (D) conducted in the area of application of 

20 an RFMO by a vessel without nationality, or by 

21 a vessel flying the flag of a nation that is not 

22 a member nor a cooperating non-member of 

23 that RFMO and that undermines the effective24 ness of the conservation and management meas25 ures of that RFMO. 


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1 (11) LANDING.—The term ‘‘landing’’ means to 

2 begin to offload fish or to offload fish from any ves3 sel in port or at a dock, berth, beach seawall or 

4 ramp, but does not include transshipment. 

5 (12) LISTED IUU VESSEL.—The term ‘‘listed 

6 IUU vessel’’ means a vessel that is included in a list, 

7 adopted by a regional fisheries management organi8 zation, of vessels having engaged in IUU fishing or 

9 fishing-related activities in support of IUU fishing. 

10 (13) PARTY.—The term ‘‘Party’’ means a gov11 ernment or regional economic integration organiza12 tion for which the Agreement is in force. 

13 (14) PERSON.—The term ‘‘person’’ means any 

14 individual (whether or not a citizen or national of 

15 the United States), corporation, partnership, asso16 ciation, or other entity (whether or not organized or 

17 existing under the laws of any State) and any Fed18 eral, State, local, or foreign government or any enti19 ty of any such government. 

20 (15) PORT.—The term ‘‘port’’ includes a 

21 roadstead, an offshore terminal, and any other in22 stallation or place for landing, transshipping, pack23 aging, processing, refueling, or resupplying. 

24 (16) PREVIOUSLY LANDED.—The term ‘‘pre25 viously landed’’ means landed in a port or at a dock, 


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1 berth, beach seawall, or ramp and subsequently load2 ed onto a container or other carrier vessel. 

3 (17) PROCESSING.—The term ‘‘processing’’ 

4 means the preparation or packaging of fish to render 

5 the fish suitable for human consumption, retail sale, 

6 industrial uses, export, or long-term storage, includ7 ing cooking, canning, smoking, salting, drying, 

8 filleting, packaging, freezing, or rendering into meal 

9 or oil. 

10 (18) REGIONAL FISHERIES MANAGEMENT OR11 GANIZATION OR RFMO.—The term ‘‘regional fish12 eries management organization’’ or ‘‘RFMO’’ means 

13 an intergovernmental fisheries organization or ar14 rangement, as appropriate, that has the competence 

15 to establish conservation and management measures. 

16 (19) SECRETARY.—The term ‘‘Secretary’’ 

17 means the Secretary of Commerce or the Secretary 

18 of Commerce’s designee. 

19 (20) STATE.—The term ‘‘State’’ means each of 

20 the several States, the District of Columbia, the 

21 Commonwealth of Puerto Rico, American Samoa, 

22 the Virgin Islands, Guam, the Northern Mariana Is23 lands, and any other Commonwealth, territory, or 

24 possession of the United States. 


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1 (21) TRANSSHIPMENT.—The term ‘‘trans2 shipment’’ means to offload and onload or otherwise 

3 transfer fish or a fish product from one vessel to an4 other vessel. 

5 (22) VESSEL.—The term ‘‘vessel’’ means any 

6 vessel, ship, or boat used, equipped, or intended for 

7 fishing or a fishing-related activity. 

8 (23) VESSEL OF THE UNITED STATES.— 

9 (A) IN GENERAL.—The term ‘‘vessel of the 

10 United States’’ means— 

11 (i) a vessel documented under chapter 

12 121 of title 46, United States Code, or 

13 numbered in accordance with chapter 123 

14 of title 46, United States Code; or 

15 (ii) a vessel owned in whole or in part 

16 by— 

17 (I) the United States; 

18 (II) a State or political subdivi19 sion of a State; 

20 (III) a citizen or national of the 

21 United States; or 

22 (IV) a corporation created under 

23 the laws of the United States or any 

24 State. 


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1 (B) EXCLUSIONS.—The term ‘‘vessel of 

2 the United States’’ does not include a vessel 

3 that has been granted the nationality of a for4 eign nation consistent with international law 

5 and a claim of nationality or registry for the 

6 vessel has been made by the master or indi7 vidual in charge at the time of the enforcement 

8 action by an officer or employee of the United 

9 States authorized to enforce applicable provi10 sions of the United States law. 

11 SEC. 4. APPLICATION. 

12 (a) IN GENERAL.—This Act shall apply to— 

13 (1) each foreign vessel seeking entry to or in a 

14 port subject to the jurisdiction of the United States; 

15 (2) each vessel of the United States seeking 

16 entry to or in a port subject to the jurisdiction of 

17 another Party to the Agreement; and 

18 (3) each person subject to the jurisdiction of 

19 the United States. 

20 (b) EXCLUSIONS.—Notwithstanding subsection (a), 

21 this Act shall not apply to— 

22 (1) a container vessel that is not carrying fish; 

23 or 

24 (2) a container vessel that— 


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1 (A) is carrying only fish that have been 

2 previously landed; and 

3 (B) the Secretary has no clear grounds to 

4 suspect has been engaged in IUU fishing or 

5 fishing-related activities in support of IUU fish6 ing. 

7 SEC. 5. DUTIES OF THE SECRETARY. 

8 (a) REGULATIONS.—The Secretary may promulgate 

9 such regulations, in accordance with section 553 of title 

10 5, United States Code, as may be necessary to carry out 

11 the purposes of this Act. 

12 (b) PROCEDURES.—The Secretary, in consultation 

13 with the Secretary of State and the Secretary of the de14 partment in which the Coast Guard is operating, shall de15 velop procedures for making determinations and notifica16 tions as may be necessary to carry out the purposes of 

17 this Act. 

18 (c) FOREIGN VESSEL ENTRY.— 

19 (1) IN GENERAL.—The Secretary (in consulta20 tion with the Secretary of Homeland Security or if 

21 the Coast Guard is not operating in the Department 

22 of Homeland Security, in consultation with the Sec23 retary of the department in which the Coast Guard 

24 is operating) may designate and publicize each port 

25 to which a vessel described in section 4 may seek 


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1 entry. The Secretary shall not designate a port 

2 under this subsection unless the port is designated 

3 as a port of entry for customs reporting purposes 

4 under section 433 of the Tariff Act of 1930 (19 

5 U.S.C. 1433). 

6 (2) LIST OF DESIGNATED PORTS.—The Sec7 retary shall provide a list of each port designated 

8 under paragraph (1) to FAO. 

9 (d) ELECTRONIC EXCHANGE OF INFORMATION.—In 

10 order to implement the requirements of the Agreement re11 garding electronic exchange of information, the Secretary 

12 is authorized to designate a point of contact and notify 

13 FAO of that designation. The Secretary may cooperate, 

14 including by providing financial assistance, in efforts to 

15 establish an information-sharing mechanism and to facili16 tate the exchange of information with existing databases 

17 relevant to the Agreement. 

18 (e) INFORMATION ON AVAILABLE RECOURSE.—The 

19 Secretary shall maintain information regarding any legal 

20 remedy available to a person who is affected by an action 

21 under this Act. The Secretary shall make the information 

22 publicly accessible and, upon written request, shall provide 

23 the information to the owner, operator, master, or rep24 resentative of a vessel. 


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1 SEC. 6. ADVANCE NOTICE OF VESSEL ARRIVAL, AUTHOR2 IZATION, OR DENIAL OF PORT ENTRY. 

3 (a) ADVANCE NOTICE OF VESSEL ARRIVAL.—Each 

4 vessel described in section 4(a) shall submit to the Sec5 retary of the department in which the Coast Guard is op6 erating information required under the Agreement in ad7 vance of the vessel’s arrival in a port. The Secretary shall, 

8 in consultation with the Secretary of the Department in 

9 which the Coast Guard is operating and the Secretary of 

10 State, promulgate regulations to establish a procedure 

11 that requires each foreign vessel seeking entry into a U.S. 

12 port to submit, at a minimum, the information required 

13 under the Agreement in advance of the vessel’s arrival in 

14 a port. The procedure shall utilize, to the maximum extent 

15 possible, existing reporting mechanisms maintained and 

16 operated by the department in which the Coast Guard is 

17 operating. 

18 (b) AUTHORIZATION OR DENIAL OF PORT ENTRY.— 

19 (1) IN GENERAL.—In conformance with the 

20 procedures under section 5(b) the Secretary shall— 

21 (A) decide whether to authorize or deny 

22 port entry; and 

23 (B) communicate the decision to the vessel 

24 or its representative in accordance with the pro25 cedure under subsection (a). 


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1 (2) DENIAL OF ENTRY.—The Secretary may 

2 deny entry to— 

3 (A) any listed IUU vessel; 

4 (B) any vessel that the Secretary has rea5 sonable grounds to believe has engaged in IUU 

6 fishing or fishing-related activities in support of 

7 IUU fishing; or 

8 (C) any vessel that the Secretary has rea9 sonable grounds to believe has violated this Act. 

10 (3) PERMISSIBLE ENTRY.—Notwithstanding 

11 paragraph (2), the Secretary may allow a vessel 

12 entry into port— 

13 (A) for the purpose of rendering assistance 

14 to a vessel or person in danger or distress; 

15 (B) for the scrapping of the vessel, as ap16 propriate; or 

17 (C) for inspection or other enforcement ac18 tion. 

19 (c) NOTICE.—If entry is denied under subsection (b), 

20 the Secretary shall provide notice of the decision to the 

21 flag nation of the vessel and, as appropriate, to each rel22 evant coastal nation, RFMO, and other international orga23 nization. 


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1 SEC. 7. DENIAL OF PORT SERVICES. 

2 (a) IN GENERAL.—A vessel that has been granted 

3 authorization to enter port under section 6 or that is oth4 erwise in a port subject to the jurisdiction of the United 

5 States shall be denied, by the Secretary, the use of the 

6 port for landing, transshipment, packaging and processing 

7 of fish, refueling, resupplying, maintenance, and 

8 drydocking, if— 

9 (1) the vessel entered port without authoriza10 tion under section 6; 

11 (2) the vessel is a listed IUU vessel; 

12 (3) the Secretary has reasonable grounds to be13 lieve that the vessel lacks valid authorizations to en14 gage in fishing or fishing-related activities as re15 quired by its flag nation or the relevant coastal na16 tion; 

17 (4) the Secretary has reasonable grounds to be18 lieve that the fish on board the vessel were taken in 

19 violation of foreign law or in contravention of any 

20 conservation and management measures; 

21 (5) the Secretary requested confirmation from 

22 the flag nation that the fish on board were taken in 

23 accordance with applicable conservation and man24 agement measures, and the flag nation failed to pro25 vide confirmation in accordance with regulations 

26 promulgated under this Act; or 


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1 (6) the Secretary has reasonable grounds to be2 lieve that the vessel has engaged in IUU fishing or 

3 fishing-related activities in support of IUU fishing, 

4 including in support of a listed IUU vessel, unless 

5 the vessel can establish that— 

6 (A) the vessel was acting in a manner con7 sistent with applicable conservation and man8 agement measures; or 

9 (B) in the case of the provision of per10 sonnel, fuel, gear, and other supplies at sea, the 

11 vessel provisioned was not, at the time of provi12 sioning, a listed IUU vessel. 

13 (b) PERMISSIBLE USE OF PORT SERVICES.—Not14 withstanding subsection (a), the Secretary may allow the 

15 use of port services—– 

16 (1) if the vessel has established that the serv17 ices are essential to the safety or health of the crew 

18 or safety of the vessel; 

19 (2) for the scrapping of the vessel, as appro20 priate; or 

21 (3) for inspection or other enforcement action. 

22 (c) NOTICE.—If use of port services is denied under 

23 subsection (a), the Secretary, acting through the Secretary 

24 of State, shall provide notice of the decision to the flag 

25 nation of the vessel and, as appropriate, to each relevant 


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1 coastal nation, RFMO, and other international organiza2 tion. 

3 (d) WITHDRAWAL OF DENIAL.—The Secretary shall 

4 withdraw denial of the use of port services if the Secretary 

5 determines that the grounds on which the use was denied 

6 were inadequate, erroneous, or no longer applicable. The 

7 Secretary shall provide notification of the withdrawal 

8 promptly to each person that was notified under sub9 section (c). 

10 SEC. 8. INSPECTIONS. 

11 (a) INSPECTIONS.—The Secretary and the Secretary 

12 of the department in which the Coast Guard is operating 

13 shall conduct vessel inspections, as necessary, for the pur14 poses of the Agreement and this Act. In conducting a ves15 sel inspection, the Secretary may utilize by agreement, on 

16 a reimbursable or nonreimbursable basis, the personnel 

17 services, equipment (including aircraft and vessels), and 

18 facilities of any other Federal agency (including all ele19 ments of the Department of Defense), and of any State 

20 agency. The Secretary shall prioritize vessel inspections 

21 based on— 

22 (1) whether a vessel has been denied entry or 

23 use of a port in accordance with the Agreement; 

24 (2) a request from another relevant Party, 

25 State, or RFMO that a certain vessel be inspected, 


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1 particularly if the request is supported by evidence 

2 of IUU fishing or fishing-related activities in sup3 port of IUU fishing by the vessel in question; and 

4 (3) whether there are clear grounds to suspect 

5 that a vessel has engaged in IUU fishing or fishing6 related activities in support of IUU fishing. 

7 (b) TRANSMITTAL OF INSPECTION RESULTS.—The 

8 Secretary shall transmit the results of an inspection under 

9 this Act to the flag nation of the inspected vessel and, 

10 as appropriate, to— 

11 (1) each relevant Party and nation, including a 

12 relevant coastal nation and the nation of which the 

13 vessel’s master is a national; 

14 (2) each relevant RFMO; 

15 (3) the FAO; and 

16 (4) any other relevant international organiza17 tion. 

18 (c) ACTIONS FOLLOWING INSPECTION.—If, following 

19 an inspection, the Secretary has reasonable grounds to be20 lieve that a foreign vessel has engaged in IUU fishing or 

21 fishing-related activities in support of IUU fishing— 

22 (1) the Secretary may take enforcement action 

23 under this Act or other applicable law; and 

24 (2) the Secretary shall— 


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1 (A) acting through the Secretary of State, 

2 promptly notify the flag nation of the vessel 

3 and, as appropriate, each relevant coastal na4 tion, RFMO, and other international organiza5 tion, and the nation of which the vessel’s mas6 ter is a national; and 

7 (B) deny the vessel the use of port serv8 ices, in accordance with section 7. 

9 SEC. 9. PROHIBITED ACTS. 

10 It is unlawful for any person— 

11 (1) to violate any provision of this Act or any 

12 regulation promulgated thereunder; 

13 (2) to refuse to permit an authorized officer to 

14 board, search, or inspect any vessel, conveyance, or 

15 shoreside facility that is subject to the person’s con16 trol, for the purpose of conducting any search, inves17 tigation, or inspection in connection with the en18 forcement of this Act or any regulation promulgated 

19 thereunder; 

20 (3) to forcibly assault, resist, oppose, impede, 

21 intimidate, or interfere with any authorized officer 

22 in the conduct of any search, investigation, or in23 spection described in paragraph (2); 

24 (4) to resist a lawful arrest for any act prohib25 ited by this Act; 


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1 (5) to interfere with, delay, or prevent, by any 

2 means, the apprehension, arrest, or detection of an3 other person, knowing that such person has com4 mitted any act prohibited by this section; 

5 (6) to submit any false information pursuant to 

6 any requirement under this Act or any regulation 

7 promulgated under this Act; 

8 (7) to forcibly assault, resist, oppose, impede, 

9 intimidate, sexually harass, bribe, or interfere with 

10 any observer or any data collector employed or 

11 under contract to carry out responsibilities under 

12 this Act or any Act administered by the Secretary; 

13 (8) to import, export, transport, sell, receive, 

14 acquire, or purchase in interstate or foreign com15 merce any fish or fish product taken, possessed, 

16 transported, or sold in violation of any foreign law 

17 or treaty addressing the conservation or manage18 ment of living marine resources, or any conservation 

19 and management measures (as defined in section 3); 

20 or 

21 (9) to make or submit any incomplete, invalid, 

22 or false record, account, or label for, or any false 

23 identification of, any fish or fish product (including 

24 false identification of the species, harvesting vessel 

25 or nation, or the date or location where harvested) 


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1 that has been, or is intended to be imported, ex2 ported, transported, sold, offered for sale, purchased, 

3 or received in interstate or foreign commerce except 

4 where such making or submission is prohibited by 

5 section 307(1)(I) of the Magnuson-Stevens Fishery 

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

7 1857(1)(I)). 

8 SEC. 10. ENFORCEMENT. 

9 (a) RESPONSIBILITY.—The Secretary and the Sec10 retary of the department in which the Coast Guard is op11 erating shall enforce the provisions of this Act. In enforc12 ing this Act, the Secretary and the Secretary of the de13 partment in which the Coast Guard is operating may uti14 lize, by agreement and on a reimbursable or nonreimburs15 able basis the personnel, services, equipment (including 

16 aircraft and vessels), and facilities of any other Federal 

17 agency (including all elements of the Department of De18 fense), or of any State agency. The Secretary and the Sec19 retary of the department in which the Coast Guard is op20 erating shall authorize officers to enforce the provisions 

21 of this Act (including any regulation promulgated under 

22 this Act). The head of any Federal or State agency that 

23 has entered into an agreement with either the Secretary 

24 or the Secretary of the department in which the Coast 

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1 ment so provides) authorize officers to enforce the provi2 sions of this Act (including any regulation promulgated 

3 under this Act). 

4 (b) POWERS OF AUTHORIZED OFFICERS.— 

5 (1) IN GENERAL.—An authorized officer under 

6 subsection (a) may, with or without a warrant or 

7 other process— 

8 (A) arrest a person if the officer has prob9 able cause that the person has committed an 

10 act prohibited under section 9; 

11 (B) board and search or inspect any vessel 

12 that is subject to this Act; 

13 (C) seize any vessel (together with its fish14 ing gear, furniture, appurtenances, stores, and 

15 cargo) used or employed in, or with respect to 

16 which it reasonably appears that such vessel 

17 was used or employed in, the violation of any 

18 provision of this Act (including any regulation 

19 promulgated under this Act); 

20 (D) seize any fish (wherever found) im21 ported, exported, transported, sold, received, ac22 quired, or purchased in any manner, in connec23 tion with or as a result of the violation of any 

24 provision of this Act; 


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1 (E) seize any other evidence related to any 

2 violation of any provision of this Act (including 

3 any regulation promulgated under this Act); 

4 (F) search or inspect any facility or con5 veyance used or employed in, or which reason6 ably appears to be used or employed in, the 

7 storage, processing, transport, or trade of fish 

8 or fish products; 

9 (G) inspect records pertaining to the stor10 age, processing, transport, or trade of fish or 

11 fish products; 

12 (H) detain, for a period not to exceed 14 

13 days, any shipment of fish or fish products that 

14 is related to any violation of any provision of 

15 this Act (including any regulations promulgated 

16 under this Act) and that was imported into, 

17 landed on, introduced into, exported from, or 

18 transported within the jurisdiction of the 

19 United States, or, if such fish or fish product 

20 is deemed to be perishable, sell and retain the 

21 proceeds for a period not to exceed 14 days; 

22 (I) search and seize, in accordance with 

23 any guidelines issued by the Attorney General; 

24 (J) execute and serve any subpoena, arrest 

25 warrant, search warrant issued in accordance 


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1 with rule 41 of the Federal Rules of Criminal 

2 Procedure, or other warrant or civil or criminal 

3 process issued by any officer or court of com4 petent jurisdiction; 

5 (K) access, directly or indirectly, for en6 forcement purposes any data or information re7 quired to be provided under this Act (including 

8 any regulations promulgated under this Act), 

9 including data from vessel monitoring systems, 

10 automatic identification systems, long-range 

11 identification and tracking systems, or any 

12 similar system; and 

13 (L) exercise any other lawful authority. 

14 (2) FELONIES.—An authorized officer under 

15 subsection (a) may carry, in accordance with any 

16 guidelines issued by the Attorney General, firearms 

17 and may make an arrest for any offense under the 

18 laws of the United States committed in the officer’s 

19 presence or for the commission of any felony under 

20 the laws of the United States if the officer has prob21 able cause that the person to be arrested has com22 mitted or is committing a felony. 

23 (c) ISSUANCE OF CITATIONS.—If an authorized offi24 cer under subsection (a) finds that a person or vessel is 

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1 sion of this Act, the officer may issue a citation to the 

2 owner or operator of the vessel in lieu of proceeding under 

3 subsection (f), (g), or (i). The Secretary shall maintain 

4 a record of all citations issued under this subsection. 

5 (d) SUBPOENAS.— 

6 (1) IN GENERAL.—For the purposes of con7 ducting any investigation or hearing under this Act, 

8 or any other Act administered by the Secretary, the 

9 Secretary may— 

10 (A) issue subpoenas for the attendance and 

11 testimony of witnesses and the production of 

12 relevant papers, photographs, records, books, 

13 and documents in any form, including those in 

14 electronic, optical, or magnetic form; and 

15 (B) administer oaths. 

16 (2) WITNESS FEES.—Witnesses summoned 

17 shall be paid the same fees and mileage that are 

18 paid to witnesses in the courts of the United States. 

19 (3) CONTEMPT.—In case of contempt or refusal 

20 to obey a subpoena served upon any person under 

21 this subsection, the district court of the United 

22 States for any district in which such person is 

23 found, resides, or transacts business, upon applica24 tion by the United States and after notice to such 

25 person, shall have jurisdiction to issue an order reVerDate Mar 15 2010 22:31 Feb 19, 2013 Jkt 029200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S267.IS S267

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1 quiring such person to appear and give testimony 

2 before the Secretary or to appear and produce docu3 ments before the Secretary, or both, and any failure 

4 to obey such order of the court may be punished by 

5 such court as a contempt thereof. 

6 (e) DISTRICT COURT JURISDICTION.— 

7 (1) IN GENERAL.—The several district courts of 

8 the United States shall have jurisdiction over any 

9 actions arising under this section. For the purpose 

10 of this section, for Hawaii or any possession of the 

11 United States in the Pacific Ocean, the appropriate 

12 court is the United States District Court for the 

13 District of Hawaii, except— 

14 (A) in the case of Guam and Wake Island, 

15 the appropriate court is the United States Dis16 trict Court for the District of Guam; and 

17 (B) in the case of the Northern Mariana 

18 Islands, the appropriate court is the United 

19 States District Court for the District of the 

20 Northern Mariana Islands. 

21 (2) EACH VIOLATION SEPARATE OFFENSE.— 

22 Each violation shall be a separate offense. The of23 fense shall be deemed to have been committed not 

24 only in the district where the violation first occurred, 

25 but also in any other district as authorized by law. 


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1 (3) OFFENSES NOT COMMITTED IN ANY DIS2 TRICT.—Any offense not committed in any district is 

3 subject to the venue provisions of section 3238 of 

4 title 18, United States Code. 

5 (f) CIVIL ENFORCEMENT.— 

6 (1) CIVIL ADMINISTRATIVE PENALTIES.— 

7 (A) IN GENERAL.—Any person who is 

8 found by the Secretary (after notice and oppor9 tunity for a hearing in accordance with section 

10 554 of title 5, United States Code) to have 

11 committed an act prohibited under section 9 

12 shall be liable to the United States for a civil 

13 penalty. The amount of the civil penalty shall 

14 not exceed $250,000 for each violation. Each 

15 day of a continuing violation shall constitute a 

16 separate offense. The amount of such civil pen17 alty shall be assessed by the Secretary, by writ18 ten notice. In determining the amount of such 

19 penalty, the Secretary shall take into account 

20 the nature, circumstances, extent, and gravity 

21 of the prohibited act committed and, with re22 spect to the violator, the degree of culpability, 

23 any history of prior offenses, and other matters 

24 as justice may require. In assessing such pen25 alty the Secretary may also consider any inforVerDate Mar 15 2010 22:31 Feb 19, 2013 Jkt 029200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S267.IS S267

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1 mation provided by the violator relating to the 

2 ability of the violator to pay if the information 

3 is served on the Secretary not later than 30 

4 days prior to an administrative hearing. 

5 (B) COMPROMISE OR OTHER ACTION BY

6 SECRETARY.—The Secretary may compromise, 

7 modify, or remit, with or without conditions, 

8 any civil administrative penalty which is or may 

9 be imposed under this subsection and that has 

10 not been referred to the Attorney General for 

11 further enforcement action. 

12 (2) CIVIL JUDICIAL PENALTIES.—Any person 

13 who violates any provision of this Act (including any 

14 regulation promulgated or permit issued thereunder) 

15 shall be subject to a civil judicial penalty not to ex16 ceed $300,000 for each such violation. Each day of 

17 a continuing violation shall constitute a separate vio18 lation. The Attorney General, upon the request of 

19 the Secretary, may commence a civil action in an ap20 propriate district court of the United States. The 

21 district court shall have jurisdiction to award civil 

22 penalties and such other relief as justice may re23 quire. In determining the amount of a civil penalty, 

24 the district court shall take into account the nature, 

25 circumstances, extent, and gravity of the prohibited 


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1 act committed and, with respect to the violator, the 

2 degree of culpability, any history of prior violations, 

3 and such other matters as justice may require. In 

4 imposing such penalty, the district court may also 

5 consider information related to the ability of the vio6 lator to pay. 

7 (3) IN REM JURISDICTION.—A vessel (including 

8 its fishing gear, furniture, appurtenances, stores, 

9 and cargo) used in the commission of an act prohib10 ited by section 9 shall be liable in rem for any civil 

11 penalty assessed for such violation under this section 

12 and may be proceeded against in any district court 

13 of the United States having jurisdiction thereof. 

14 Such penalty shall constitute a maritime lien on 

15 such vessel. The maritime lien on the vessel may be 

16 recovered in an action in rem in the district court 

17 of the United States having jurisdiction over the ves18 sel. 

19 (4) COLLECTION OF ADMINISTRATIVE PEN20 ALTIES.—If a person fails to pay an assessment of 

21 a civil penalty under paragraph (1) after it has be22 come a final and unappealable order, the Secretary 

23 shall refer the matter to the Attorney General. The 

24 Attorney General shall recover the amount assessed 

25 (plus interest at current prevailing rates from the 


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1 date of the final order) in any appropriate district 

2 court of the United States. In such action, the valid3 ity and appropriateness of the final order imposing 

4 the civil penalty shall not be subject to review. Any 

5 person who fails to pay, on a timely basis, the 

6 amount of an assessment of a civil penalty shall be 

7 required to pay (in addition to such amount and in8 terest, attorney’s fees, and costs for collection pro9 ceedings) a quarterly nonpayment penalty for each 

10 quarter during which such failure to pay persists. 

11 Such nonpayment penalty shall be in an amount 

12 equal to 20 percent of the aggregate amount of such 

13 person’s penalties and nonpayment penalties that 

14 are unpaid as of the beginning of such quarter. 

15 (g) FORFEITURE.— 

16 (1) CRIMINAL FORFEITURE.—A person who is 

17 convicted of an offense in violation of this Act shall 

18 forfeit to the United States— 

19 (A) any property, real or personal, consti20 tuting or traceable to the gross proceeds taken, 

21 obtained, or retained, in connection with or as 

22 a result of the offense, including, without limi23 tation, any fish (or the fair market value there24 of); and 


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1 (B) any property, real or personal, used or 

2 intended to be used, in any manner, to commit 

3 or facilitate the commission of the offense, in4 cluding, without limitation, any vessel (includ5 ing the vessel’s equipment, stores, catch and 

6 cargo), vehicle, aircraft, or other means of 

7 transportation. Pursuant to section 2461(c) of 

8 title 28, United States Code, the provisions of 

9 section 413 of the Controlled Substances Act 

10 (21 U.S.C. § 853) except for subsection (d) of 

11 that Act shall apply to criminal forfeitures 

12 under this section. 

13 (2) CIVIL FORFEITURE.—The property set forth 

14 below shall be subject to forfeiture to the United 

15 States in accordance with the provisions of chapter 

16 46 of title 18, United States Code, and no property 

17 right shall exist in it: 

18 (A) Any property, real or personal, consti19 tuting or traceable to the gross proceeds taken, 

20 obtained, or retained in connection with, or as 

21 a result of, a violation of this Act, including, 

22 without limitation, any fish (or the fair market 

23 value thereof). 

24 (B) Any property, real or personal, used or 

25 intended to be used, in any manner, to commit 


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1 or facilitate the commission of a violation of 

2 this Act, including, without limitation, any ves3 sel (including the vessel’s equipment, stores, 

4 catch, and cargo), vehicle, aircraft, or other 

5 means of transportation. 

6 (3) APPLICATION OF THE CUSTOMS LAWS.—All 

7 provisions of law relating to seizure, summary judg8 ment, and judicial forfeiture and condemnation for 

9 violation of the customs laws, the disposition of the 

10 property forfeited or condemned or the proceeds 

11 from the sale thereof, the remission or mitigation of 

12 such forfeitures, and the compromise of claims shall 

13 apply to seizures and forfeitures incurred, or alleged 

14 to have been incurred, under the provisions of this 

15 Act, insofar as applicable and not inconsistent with 

16 the provisions hereof. For seizures and forfeitures of 

17 property under this section by the Secretary, such 

18 duties as are imposed upon the customs officer or 

19 any other person with respect to the seizure and for20 feiture of property under the customs law may be 

21 performed by such officers as are designated by the 

22 Secretary or, upon request of the Secretary, by any 

23 other agency that has authority to manage and dis24 pose of seized property. 


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1 (4) PRESUMPTION.—For the purposes of this 

2 section there is a rebuttable presumption that all 

3 fish, or components thereof, found on board a vessel 

4 that is used or seized in connection with a violation 

5 of this Act (including any regulation promulgated 

6 under this Act) were taken, obtained, or retained as 

7 a result of IUU fishing or fishing-related activities 

8 in support of IUU fishing. 

9 (h) CRIMINAL ENFORCEMENT.— 

10 (1) Any person (other than a foreign govern11 ment agency, or entity wholly owned and controlled 

12 by a foreign government) who knowingly commits 

13 any act prohibited by section 9 of this Act shall be 

14 imprisoned for not more than 5 years or fined not 

15 more than $500,000 for individuals or $1,000,000 

16 for an organization, or both; except that if in the 

17 commission of any such offense the individual uses 

18 a dangerous weapon, engages in conduct that causes 

19 bodily injury to any officer authorized to enforce the 

20 provisions of this Act, or places any such officer in 

21 fear of imminent bodily injury, the maximum term 

22 of imprisonment is not more than 10 years. 

23 (2) Any person (other than a foreign govern24 ment agency, or entity wholly owned and controlled 

25 by a foreign government) who violates paragraph 


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1 (2), (3), (4), (5) or (6) of section 9, and who, in the 

2 exercise of due care should know that such person’s 

3 conduct violates such subsections, shall be fined 

4 under title 18, United States Code, or imprisoned 

5 not more than 1 year, or both. 

6 (i) PAYMENT OF STORAGE, CARE, AND OTHER

7 COSTS.—Any person assessed a civil penalty for, or con8 victed of, any violation of this Act (including any regula9 tion promulgated under this Act) and any claimant in a 

10 forfeiture action brought for such a violation, shall be lia11 ble for the reasonable costs incurred by the Secretary in 

12 storage, care, and maintenance of any property seized in 

13 connection with the violation. 

14 SEC. 11. INTERNATIONAL COOPERATION AND ASSISTANCE. 

15 (a) IN GENERAL.—To the greatest extent possible, 

16 consistent with existing authority and the availability of 

17 funds, the Secretary shall provide appropriate assistance, 

18 including grants, to developing nations and international 

19 organizations of which such nations are members to assist 

20 those nations in meeting their obligations under the 

21 Agreement. 

22 (b) USE OF RESOURCES.—In carrying out subsection 

23 (a), the Secretary may, by agreement, on a reimbursable 

24 or nonreimbursable basis, utilize the personnel, services, 

25 equipment, and facilities of any individual, corporation, 


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1 partnership, association, or other entity, and any Federal, 

2 State, local, or foreign government or any entity of any 

3 such government. 

4 (c) TRANSFER OF FUNDS.—The Secretary is author5 ized to transfer funds, subject to the limits of available 

6 appropriations, to any foreign government and any inter7 national, non-governmental, or intergovernmental organi8 zation for purposes related to carrying out the inter9 national responsibilities of subsection (a) or any statute 

10 administered by the Secretary. 

11 SEC. 12. RELATIONSHIP TO OTHER LAWS. 

12 (a) STATUTORY CONSTRUCTION.—Nothing in this 

13 Act shall be construed to displace any requirements im14 posed by the customs laws of the United States or any 

15 other laws or regulations enforced or administered by the 

16 Secretary of Homeland Security. Where more stringent re17 quirements regarding port entry or access to port services 

18 exist under other Federal law, the more stringent require19 ments shall apply. Nothing in this Act shall affect a ves20 sel’s entry into port, in accordance with international law, 

21 for reasons of force majeure or distress. 

22 (b) STATUTORY INTERPRETATION.—This Act shall 

23 be interpreted and applied in accordance with United 

24 States obligations under international law. 


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1 SEC. 13. AUTHORIZATION OF APPROPRIATIONS. 

2 There is authorized to be appropriated to the Sec3 retary such sums as are necessary for each of fiscal years 

4 2013 through 2017 to carry out the provisions of this Act. 

Æ 


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