I 
111TH CONGRESS 
2D SESSION 
H. R. 6075 
To amend the Magnuson-Stevens Fishery Conservation and Management Act 
to require payment of costs, fees, and expenses incurred by certain 
prevailing parties in proceedings under such Act from sums received 
as fines, penalties, and forfeitures, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 30, 2010 
Mr. TIERNEY (for himself, Mr. FRANK of Massachusetts, Mr. KUCINICH, Mr. 
DELAHUNT, Mr. JONES, and Mr. COURTNEY) introduced the following 
bill; which was referred to the Committee on Natural Resources 
A BILL 
To amend the Magnuson-Stevens Fishery Conservation and 
Management Act to require payment of costs, fees, and 
expenses incurred by certain prevailing parties in pro-
ceedings under such Act from sums received as fines, 
penalties, and forfeitures, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Ensuring Fairness for 
Fishermen Act’’. 
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SEC. 2. PAYMENT OF COSTS, FEES, AND EXPENSES IN-
CURRED BY CERTAIN PREVAILING PARTIES. 
(a) USE OF SUMS RECEIVED AS FINES, PENALTIES, 
AND FORFEITURES.—Section 311(e) of the Magnuson- 
Stevens Fishery Conservation and Management Act (16 
U.S.C. 1861(e)) is amended— 
(1) by redesignating paragraph (2) as para-
graph (3) and moving such paragraph 2 ems to the 
left, so that the left margin of such paragraph is 
aligned with the left margin of such section; and 
(2) by inserting after paragraph (1) the fol-
lowing new paragraph: 
‘‘(2)(A) Payment shall be made from the sums de-
scribed in paragraph (1) in the case of any amount award-
ed— 
‘‘(i) under section 504 of title 5, United States 
Code, to a prevailing party other than the United 
States in an adjudication by the Secretary under 
section 308 of this Act, notwithstanding any provi-
sion to the contrary in such section 504; 
‘‘(ii) under section 2412 of title 28, United 
States Code, to a prevailing party other than the 
United States— 
‘‘(I) in a civil action for review of action by 
the Secretary in an adjudication under section 
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308 of this Act, notwithstanding any provision 
to the contrary in such section 2412; or 
‘‘(II) in a civil forfeiture action under sec-
tion 310 of this Act, notwithstanding any provi-
sion to the contrary in such section 2412; and 
‘‘(iii) under subsection (d) of section 309 of this 
Act to a defendant who is a substantially prevailing 
party in a criminal action under such section. 
‘‘(B) If the sums described in paragraph (1) available 
to the Secretary or the Secretary of the Treasury on the 
date of the award of an amount described in subparagraph 
(A) are not sufficient to pay the full amount awarded, pay-
ment shall be made under such subparagraph to the extent 
of the availability of such sums, and the remainder of the 
amount shall be paid— 
‘‘(i) in the case of an award described in clause 
(i), (ii)(I), or (ii)(II) of such subparagraph, as pro-
vided under section 504 of title 5 or section 2412 of 
title 28, United States Code, as the case may be, 
without regard to this paragraph; or 
‘‘(ii) in the case of an award described in clause 
(iii) of such subparagraph, out of any general appro-
priation for payment of judgments against the 
United States.’’. 
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(b) ATTORNEY
FEES
OF
SUBSTANTIALLY
PRE-
VAILING CRIMINAL DEFENDANTS.—Section 309 of such 
Act (16 U.S.C. 1859) is amended by adding at the end 
the following new subsection: 
‘‘(d) ATTORNEY FEES
OF SUBSTANTIALLY PRE-
VAILING DEFENDANTS.—A defendant who is a substan-
tially prevailing party in a criminal action under this sec-
tion may be awarded reasonable attorney fees.’’. 
SEC. 3. CERTAIN USES OF SUMS RECEIVED AS FINES, PEN-
ALTIES, AND FORFEITURES NO LONGER AU-
THORIZED. 
(a) IN GENERAL.—Section 311(e)(1) of the Magnu-
son-Stevens Fishery Conservation and Management Act 
(16 U.S.C. 1861(e)(1)) is amended— 
(1) by striking subparagraph (B); 
(2) by striking subparagraph (C); and 
(3) by striking subparagraph (F). 
(b) CONFORMING AMENDMENTS.—Such section is 
further amended— 
(1) in subparagraph (D)— 
(A) by adding ‘‘and’’ at the end; and 
(B) by redesignating such subparagraph as 
subparagraph (B); and 
(2) in subparagraph (E)— 
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(A) by striking ‘‘; and’’ and inserting a pe-
riod; 
(B) by redesignating such subparagraph as 
subparagraph (C); and 
(C) by moving such subparagraph 2 ems to 
the left, so that the left margin of such sub-
paragraph is aligned with the left margin of 
subparagraph (B), as redesignated by para-
graph (1)(B). 
SEC. 4. EFFECTIVE DATE. 
(a) IN GENERAL.—Except as otherwise provided, the 
amendments made by this Act take effect on the date of 
the enactment of this Act. 
(b) ATTORNEY
FEES
OF
SUBSTANTIALLY
PRE-
VAILING CRIMINAL DEFENDANTS.— 
(1) IN
GENERAL.—The amendment made by 
section 2(b) applies with respect to criminal actions 
brought on or after the date of the enactment of this 
Act. 
(2) PAYMENT
IN
CASE
OF
PRE-ENACTMENT 
CRIMINAL
ACTIONS
BROUGHT
AFTER
ESTABLISH-
MENT OF ASSET FORFEITURE FUND.— 
(A) IN
GENERAL.—Not later than 180 
days after the date of the enactment of this 
Act, the Secretary of Commerce shall establish 
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a process for making payments from the 
amount set aside under subparagraph (B) of 
reasonable attorney fees to defendants who are 
substantially prevailing parties in criminal ac-
tions brought under section 309 of the Magnu-
son-Stevens Fishery Conservation and Manage-
ment Act (16 U.S.C. 1859) during the period 
beginning on November 28, 1990, and ending 
on the day before the date of the enactment of 
this Act. Such process shall— 
(i) require application by a defendant 
seeking such a payment; and 
(ii) provide for the proration of such 
payments if the amount so set aside is in-
sufficient to provide for payment of all 
such fees for all such defendants. 
(B) FUNDS SET ASIDE.—Not later than 
180 days after the date of the enactment of this 
Act, from the sums described in section 
311(e)(1) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 
1861(e)(1)) that the Secretary of Commerce de-
termines are available, the Secretary shall set 
aside an amount the Secretary considers fair 
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and appropriate to be used for payments under 
this paragraph. 
(c) CERTAIN USES OF SUMS RECEIVED AS FINES, 
PENALTIES, AND FORFEITURES NO LONGER AUTHOR-
IZED.— 
(1) REWARDS
FOR
PROVISION
OF
INFORMA-
TION.—The amendment made by section 3(a)(1) 
does not apply to payment of rewards for informa-
tion that was provided before the date of the enact-
ment of this Act. 
(2) INVESTIGATION
AND
ENFORCEMENT
EX-
PENSES.—The amendment made by section 3(a)(2) 
does not apply to payment of expenses incurred be-
fore the date of the enactment of this Act. 
(3) REIMBURSEMENT TO FEDERAL AND STATE 
AGENCIES.—The 
amendment 
made 
by 
section 
3(a)(3) does not apply to payment of reimburse-
ments under agreements entered into before the date 
of the enactment of this Act. 
Æ 
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