I 
112TH CONGRESS 
1ST SESSION H. R. 3472 
To prevent forfeited fishing vessels from being transferred to private parties 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 17, 2011 
Mr. YOUNG of Alaska introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
Committees on Natural Resources, Energy and Commerce, and Ways and 
Means, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
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 Representa-
tives 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: 
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(1) Stateless vessels forfeited to the United 
States for engaging in illegal, unreported, and un-
regulated fishing are of little inherent economic 
value, and have no useful commercial fishing pur-
pose other than engaging in this type of pirate fish-
ing. 
(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 decon-
tamination procedures and disposal site selection 
have been followed. 
(3) Maritime threats to the United States in-
creasingly involve asymmetrical warfare and the 
Navy and Coast Guard need to be prepared for such 
threats. 
(4) Using vessels forfeited for engaging in ille-
gal, unreported, or unregulated fishing in live-fire 
sinking exercises represents an important oppor-
tunity for the Armed Forces to prepare for such 
asymmetrical maritime warfare. 
(5) Since the oils and hazardous and toxic sub-
stances aboard such vessels pose a threat to the ma-
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rine environment, and since such vessels are essen-
tially 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 spe-
cifically 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 unregu-
lated fishing’’ means fishing activities— 
(A) conducted by a national or foreign ves-
sel in waters under the jurisdiction of a nation 
without the permission of that nation, or in 
contravention of its laws and regulations, in-
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cluding activities that have not been reported, 
or have been misreported, to the relevant na-
tional 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 fish-
eries 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 under-
taken by that nation as a cooperating non-mem-
ber 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 
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flying the flag of a nation that is not a member 
nor a cooperating non-member of that organiza-
tion 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 author-
ized to use a vessel described in paragraph (2) for 
live-fire sinking exercises if the Commandant deter-
mines that the vessel would be useful for such exer-
cises. 
(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 ves-
sel. 
(3) REQUIREMENT
TO
TRANSFER
VESSEL.— 
The head of an agency or department of the United 
States with administrative control over a forfeited 
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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 for-
feited vessel is not transferred to or utilized by the Com-
mandant 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 edu-
cation, research, or other public interest purposes 
with agreement from the recipient entity that vessel 
will never be utilized for illegal, unreported, or un-
regulated fishing or related activities. 
(c) LIMITATION ON EXERCISES.—The sinking exer-
cises authorized by subsection (a) shall take place only— 
(1) in water not less than 1,000 fathoms deep; 
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(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 pe-
troleum products, to the maximum extent prac-
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ticable with best current techniques and in compli-
ance 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 Admin-
istrator of the Environmental Protection Agen-
cy 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 man-
agement practices for vessel preparation devel-
oped by the Maritime Administration and the 
Environmental Protection Agency pursuant to 
section 3504(b) of the Bob Stump National De-
fense Authorization Act for Fiscal Year 2003 
(Public Law 107–314; 16 U.S.C. 1220 note); 
(2) consult with the Administrator, the Sec-
retary of the Navy, and the Administrator of the 
Environmental Protection Agency on the proper pro-
cedures to decontaminate such vessel; and 
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(3) remove from such vessel and properly dis-
pose 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 au-
thorized— 
(A) for a forfeited vessel to be sunk in ex-
ercises as authorized by section 4(a), to utilize 
funds from the Oil Spill Liability Trust Fund 
established by section 9509 of the Internal Rev-
enue Code of 1986 for the costs of berthing, 
towing, decontamination, and other prepara-
tions for such exercises; or 
(B) for a forfeited vessel to be scrapped or 
recycled as authorized by section 4(b)(1), to uti-
lize or transfer to the Administrator or Under 
Secretary, as appropriate, funds from such 
Trust Fund for the costs of berthing, towing, 
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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 Manage-
ment 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 para-
graph (2) or (3) of section 4(b) of the Pirate Fish-
ing Vessel Disposal Act of 2011, including berthing, 
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towing, decontamination, and other preparation of 
the vessel for sale or transfer.’’. 
SEC. 7. EFFECTIVE DATE. 
This Act shall apply to all forfeited vessels surren-
dered or seized and forfeited after September 1, 2011. 
Æ 
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