II 112th CONGRESS 1st Session S. 1304 IN THE SENATE OF THE UNITED STATES June 29, 2011 Mr. Kerry introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To make funds available to reimburse certain fishermen for legal fees and costs incurred in connection with improper fines and for other purposes.

1.

Short title

This Act may be cited as the Fisheries Fee Fairness Act of 2011.

2.

Definitions

In this Act: (1)

Appropriate legal fees and costs

The term appropriate legal fees and costs means the legal fees and costs incurred by a covered person— (A)that the Secretary determines were appropriately incurred by the covered person in association with challenging a fisheries enforcement penalty that was directed to be remitted to the covered person; and (B)prior to the date that is 30 days after such a fisheries enforcement penalty was directed to be remitted to the covered person by the Secretary. (2)

Covered person

The term covered person means— (A)a person that the Secretary directed be remitted a fisheries enforcement penalty in the Decision Memorandum; or (B)a person that— (i)received a Notice of Violation and Assessment for a fisheries enforcement penalty issued on or after March 17, 1994, that was settled or otherwise resolved prior to February 3, 2010; (ii)paid a civil penalty for such fisheries enforcement penalty; (iii)submitted a complaint prior to May 7, 2011, seeking remittance of such civil penalty; and (iv)the Secretary directs receive such remittance or a portion of such remittance. (3)

Decision Memorandum

The term Decision Memorandum means the Secretarial Decision Memorandum issued by the Secretary on May 17, 2011, entitled Decisions regarding Certain NOAA Fisheries Enforcement Cases Based on Special Master Swartwood's Report and Recommendations. (4)

Secretary

The term Secretary means the Secretary of Commerce.

3.

Authority to reimburse legal fees and costs

(a)

In general

Notwithstanding any other provision of law, the Secretary may use sums made available under section 311(e)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861(e)(1)) to reimburse appropriate legal fees and costs to covered persons. (b)

Timing

(1)

Submission of request

A covered person seeking reimbursement of appropriate legal fees and costs under subsection (a) shall submit to the Secretary a request for such reimbursement— (A)in the case the covered person is described in section 2(2)(A), not later than 1 year after the date of the enactment of this Act; or (B)in the case of a covered person described in section 2(2)(B), not later than 1 year after the date the Secretary directs such covered person receive a remittance of a fisheries enforcement penalty. (2)

Determination

Not later than 90 days after receiving an application under paragraph (1), the Secretary shall make a final determination on whether to provide such reimbursement and the amount of any such reimbursement. (c)

Maximum reimbursement

The Secretary may not provide more than $200,000 in reimbursement of appropriate legal fees and costs under subsection (a) to a covered person.