1.This Act may be cited as the
Pirate Fishing Vessel Disposal Act of
2011
.
2.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.
3.In this Act:
(1)Except
as otherwise specifically provided, the term Administrator means
the Administrator of the Maritime Administration.
(2)The
term Commandant means the Commandant of the United States Coast
Guard.
(3)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 fishingThe 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)The term Under Secretary means the Under
Secretary for Oceans and Atmosphere of the Department of Commerce.
4.
(a)
(1)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)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 vesselThe 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 purposesIf 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)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 ForcesThe
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).
5.Decontamination
of forfeited vessels
(a)Requirement for
decontaminationBefore
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 ActThe 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.
6.
(a)Sinking,
scrapping, and recycling
(1)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 FundParagraph (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)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.
.
7.This Act shall apply to
all forfeited vessels surrendered or seized and forfeited after September 1,
2011.