Short title; table of contents

(a)

Short Title

This Act may be cited as the

The Pirate Fishing Elimination Act

. (b)

Table of contents

The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Purpose.

Sec. 3. Definitions.

Sec. 4. Application.

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.

Purpose

The purpose of this Act is to implement the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, done at the Food and Agriculture Organization of the United Nations in Rome, Italy on November 22, 2009.

Definitions

In this Act: (1)

Agreement

The term Agreement means the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, done at the Food and Agriculture Organization of the United Nations in Rome, Italy on November 22, 2009. (2)

Authorized officer

The term authorized officer means— (A)any commissioned, warrant, or petty officer of the United States Coast Guard; (B)any special agent or fishery enforcement officer of National Marine Fisheries Service; or (C)any officer designated by the head of any Federal or State agency that has entered into an agreement with the Secretary to enforce the provisions of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), or any other statute administered by the National Oceanic and Atmospheric Administration. (3)

Conservation and management measures

The term conservation and management measures means binding measures to conserve and manage living marine resources adopted by an RFMO. (4)

Container vessel

The term container vessel means a self-propelled ocean-going vessel constructed or adapted primarily to carry ocean freight containers. (5)

FAO

The term FAO means the Food and Agriculture Organization of the United Nations. (6)

Fish

The term fish includes all species of living marine resources, whether processed or not. (7)

Fishing

The term fishing means searching for, attracting, locating, catching, taking, or harvesting fish or any activity which can reasonably be expected to result in the attracting, locating, catching, taking, or harvesting of fish. (8)

Fishing-related activity

The term fishing-related activity means any operation in support of, or in preparation for, fishing, including— (A)the landing, packaging, processing, transshipping, or transporting of fish that have not been previously landed at a port or place; and (B)the provision of personnel, fuel, gear, and other supplies at sea. (9)

Foreign vessel

The term foreign vessel means any vessel except for a vessel of the United States. (10)

Illegal, unreported, and unregulated fishing or IUU fishing

The term illegal, unreported, and unregulated fishing or IUU fishing means any activity— (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 an activity that has not been reported or has 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 an RFMO in contravention of the conservation and management measures adopted by the RFMO and by which that nation is bound, including an activity that has not been reported or has been misreported in contravention of the reporting requirements of that RFMO; (C)conducted by a vessel flying the flag of a nation that is a cooperating non-member of an RFMO that is inconsistent with the commitments undertaken by that nation as a cooperating non-member of that RFMO, including an activity that has not been reported or has been misreported in a manner that is inconsistent with those commitments; or (D)conducted in the area of application of an RFMO 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 RFMO and that undermines the effectiveness of the conservation and management measures of that RFMO. (11)

Landing

The term landing means to begin to offload fish or to offload fish from any vessel in port or at a dock, berth, beach seawall or ramp, but does not include transshipment. (12)

Listed IUU vessel

The term listed IUU vessel means a vessel that is included in a list, adopted by a regional fisheries management organization, of vessels having engaged in IUU fishing or fishing-related activities in support of IUU fishing. (13)

Party

The term Party means a government or regional economic integration organization for which the Agreement is in force. (14)

Person

The term person means any individual (whether or not a citizen or national of the United States), corporation, partnership, association, or other entity (whether or not organized or existing under the laws of any State) and any Federal, State, local, or foreign government or any entity of any such government. (15)

Port

The term port includes a roadstead, an offshore terminal, and any other installation or place for landing, transshipping, packaging, processing, refueling, or resupplying. (16)

Previously landed

The term previously landed means landed in a port or at a dock, berth, beach seawall, or ramp and subsequently loaded onto a container or other carrier vessel. (17)

Processing

The term processing means the preparation or packaging of fish to render the fish suitable for human consumption, retail sale, industrial uses, export, or long-term storage, including cooking, canning, smoking, salting, drying, filleting, packaging, freezing, or rendering into meal or oil. (18)

Regional fisheries management organization or RFMO

The term regional fisheries management organization or RFMO means an intergovernmental fisheries organization or arrangement, as appropriate, that has the competence to establish conservation and management measures. (19)

Secretary

The term Secretary means the Secretary of Commerce or the Secretary of Commerce's designee. (20)

State

The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, the Northern Mariana Islands, and any other Commonwealth, territory, or possession of the United States. (21)

Transshipment

The term transshipment means to offload and onload or otherwise transfer fish or a fish product from one vessel to another vessel. (22)

Vessel

The term vessel means any vessel, ship, or boat used, equipped, or intended for fishing or a fishing-related activity. (23)

Vessel of the United States

(A)

In general

The term vessel of the United States means— (i)a vessel documented under chapter 121 of title 46, United States Code, or numbered in accordance with chapter 123 of title 46, United States Code; or (ii)a vessel owned in whole or in part by— (I)the United States; (II)a State or political subdivision of a State; (III)a citizen or national of the United States; or (IV)a corporation created under the laws of the United States or any State. (B)

Exclusions

The term vessel of the United States does not include a vessel that has been granted the nationality of a foreign nation consistent with international law and a claim of nationality or registry for the vessel has been made by the master or individual in charge at the time of the enforcement action by an officer or employee of the United States authorized to enforce applicable provisions of the United States law.

Application

(a)

In general

This Act shall apply to— (1)each foreign vessel seeking entry to or in a port subject to the jurisdiction of the United States; (2)each vessel of the United States seeking entry to or in a port subject to the jurisdiction of another Party to the Agreement; and (3)each person subject to the jurisdiction of the United States. (b)

Exclusions

Notwithstanding subsection (a), this Act shall not apply to— (1)a container vessel that is not carrying fish; or (2)a container vessel that— (A)is carrying only fish that have been previously landed; and (B)the Secretary has no clear grounds to suspect has been engaged in IUU fishing or fishing-related activities in support of IUU fishing.

Duties of the Secretary

(a)

Regulations

The Secretary may promulgate such regulations, in accordance with section 553 of title 5, United States Code, as may be necessary to carry out the purposes of this Act. (b)

Procedures

The Secretary, in consultation with the Secretary of State and the Secretary of the department in which the Coast Guard is operating, shall develop procedures for making determinations and notifications as may be necessary to carry out the purposes of this Act. (c)

Foreign vessel entry

(1)

In general

The Secretary (in consultation with the Secretary of Homeland Security or if the Coast Guard is not operating in the Department of Homeland Security, in consultation with the Secretary of the department in which the Coast Guard is operating) may designate and publicize each port to which a vessel described in section 4 may seek entry. The Secretary shall not designate a port under this subsection unless the port is designated as a port of entry for customs reporting purposes under section 433 of the Tariff Act of 1930 (19 U.S.C. 1433). (2)

List of designated ports

The Secretary shall provide a list of each port designated under paragraph (1) to FAO. (d)

Electronic exchange of information

In order to implement the requirements of the Agreement regarding electronic exchange of information, the Secretary is authorized to designate a point of contact and notify FAO of that designation. The Secretary may cooperate, including by providing financial assistance, in efforts to establish an information-sharing mechanism and to facilitate the exchange of information with existing databases relevant to the Agreement. (e)

Information on available recourse

The Secretary shall maintain information regarding any legal remedy available to a person who is affected by an action under this Act. The Secretary shall make the information publicly accessible and, upon written request, shall provide the information to the owner, operator, master, or representative of a vessel.

Advance notice of vessel arrival, authorization, or denial of port entry

(a)

Advance notice of vessel arrival

Each vessel described in section 4(a) shall submit to the Secretary of the department in which the Coast Guard is operating information required under the Agreement in advance of the vessel’s arrival in a port. The Secretary shall, in consultation with the Secretary of the Department in which the Coast Guard is operating and the Secretary of State, promulgate regulations to establish a procedure that requires each foreign vessel seeking entry into a U.S. port to submit, at a minimum, the information required under the Agreement in advance of the vessel’s arrival in a port. The procedure shall utilize, to the maximum extent possible, existing reporting mechanisms maintained and operated by the department in which the Coast Guard is operating. (b)

Authorization or denial of port entry

(1)

In general

In conformance with the procedures under section 5(b) the Secretary shall— (A)decide whether to authorize or deny port entry; and (B)communicate the decision to the vessel or its representative in accordance with the procedure under subsection (a). (2)

Denial of entry

The Secretary may deny entry to— (A)any listed IUU vessel; (B)any vessel that the Secretary has reasonable grounds to believe has engaged in IUU fishing or fishing-related activities in support of IUU fishing; or (C)any vessel that the Secretary has reasonable grounds to believe has violated this Act. (3)

Permissible entry

Notwithstanding paragraph (2), the Secretary may allow a vessel entry into port— (A)for the purpose of rendering assistance to a vessel or person in danger or distress; (B)for the scrapping of the vessel, as appropriate; or (C)for inspection or other enforcement action. (c)

Notice

If entry is denied under subsection (b), the Secretary shall provide notice of the decision to the flag nation of the vessel and, as appropriate, to each relevant coastal nation, RFMO, and other international organization.

Denial of port services

(a)

In general

A vessel that has been granted authorization to enter port under section 6 or that is otherwise in a port subject to the jurisdiction of the United States shall be denied, by the Secretary, the use of the port for landing, transshipment, packaging and processing of fish, refueling, resupplying, maintenance, and drydocking, if— (1)the vessel entered port without authorization under section 6; (2)the vessel is a listed IUU vessel; (3)the Secretary has reasonable grounds to believe that the vessel lacks valid authorizations to engage in fishing or fishing-related activities as required by its flag nation or the relevant coastal nation; (4)the Secretary has reasonable grounds to believe that the fish on board the vessel were taken in violation of foreign law or in contravention of any conservation and management measures; (5)the Secretary requested confirmation from the flag nation that the fish on board were taken in accordance with applicable conservation and management measures, and the flag nation failed to provide confirmation in accordance with regulations promulgated under this Act; or (6)the Secretary has reasonable grounds to believe that the vessel has engaged in IUU fishing or fishing-related activities in support of IUU fishing, including in support of a listed IUU vessel, unless the vessel can establish that— (A)the vessel was acting in a manner consistent with applicable conservation and management measures; or (B)in the case of the provision of personnel, fuel, gear, and other supplies at sea, the vessel provisioned was not, at the time of provisioning, a listed IUU vessel. (b)

Permissible use of port services

Notwithstanding subsection (a), the Secretary may allow the use of port services—– (1)if the vessel has established that the services are essential to the safety or health of the crew or safety of the vessel; (2)for the scrapping of the vessel, as appropriate; or (3)for inspection or other enforcement action. (c)

Notice

If use of port services is denied under subsection (a), the Secretary, acting through the Secretary of State, shall provide notice of the decision to the flag nation of the vessel and, as appropriate, to each relevant coastal nation, RFMO, and other international organization. (d)

Withdrawal of denial

The Secretary shall withdraw denial of the use of port services if the Secretary determines that the grounds on which the use was denied were inadequate, erroneous, or no longer applicable. The Secretary shall provide notification of the withdrawal promptly to each person that was notified under subsection (c).

Inspections

(a)

Inspections

The Secretary and the Secretary of the department in which the Coast Guard is operating shall conduct vessel inspections, as necessary, for the purposes of the Agreement and this Act. In conducting a vessel inspection, the Secretary may utilize by agreement, on a reimbursable or nonreimbursable basis, the personnel services, equipment (including aircraft and vessels), and facilities of any other Federal agency (including all elements of the Department of Defense), and of any State agency. The Secretary shall prioritize vessel inspections based on— (1)whether a vessel has been denied entry or use of a port in accordance with the Agreement; (2)a request from another relevant Party, State, or RFMO that a certain vessel be inspected, particularly if the request is supported by evidence of IUU fishing or fishing-related activities in support of IUU fishing by the vessel in question; and (3)whether there are clear grounds to suspect that a vessel has engaged in IUU fishing or fishing-related activities in support of IUU fishing. (b)

Transmittal of inspection results

The Secretary shall transmit the results of an inspection under this Act to the flag nation of the inspected vessel and, as appropriate, to— (1)each relevant Party and nation, including a relevant coastal nation and the nation of which the vessel’s master is a national; (2)each relevant RFMO; (3)the FAO; and (4)any other relevant international organization. (c)

Actions following inspection

If, following an inspection, the Secretary has reasonable grounds to believe that a foreign vessel has engaged in IUU fishing or fishing-related activities in support of IUU fishing— (1)the Secretary may take enforcement action under this Act or other applicable law; and (2)the Secretary shall— (A)acting through the Secretary of State, promptly notify the flag nation of the vessel and, as appropriate, each relevant coastal nation, RFMO, and other international organization, and the nation of which the vessel’s master is a national; and (B)deny the vessel the use of port services, in accordance with section 7.

Prohibited acts

It is unlawful for any person— (1)to violate any provision of this Act or any regulation promulgated thereunder; (2)to refuse to permit an authorized officer to board, search, or inspect any vessel, conveyance, or shoreside facility that is subject to the person’s control, for the purpose of conducting any search, investigation, or inspection in connection with the enforcement of this Act or any regulation promulgated thereunder; (3)to forcibly assault, resist, oppose, impede, intimidate, or interfere with any authorized officer in the conduct of any search, investigation, or inspection described in paragraph (2); (4)to resist a lawful arrest for any act prohibited by this Act; (5)to interfere with, delay, or prevent, by any means, the apprehension, arrest, or detection of another person, knowing that such person has committed any act prohibited by this section; (6)to submit any false information pursuant to any requirement under this Act or any regulation promulgated under this Act; (7)to forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with any observer or any data collector employed or under contract to carry out responsibilities under this Act or any Act administered by the Secretary; (8)to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any fish or fish product taken, possessed, transported, or sold in violation of any foreign law or treaty addressing the conservation or management of living marine resources, or any conservation and management measures (as defined in section 3); or (9)to make or submit any incomplete, invalid, or false record, account, or label for, or any false identification of, any fish or fish product (including false identification of the species, harvesting vessel or nation, or the date or location where harvested) that has been, or is intended to be imported, exported, transported, sold, offered for sale, purchased, or received in interstate or foreign commerce except where such making or submission is prohibited by section 307(1)(I) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1857(1)(I)).

10.

Enforcement

(a)

Responsibility

The Secretary and the Secretary of the department in which the Coast Guard is operating shall enforce the provisions of this Act. In enforcing this Act, the Secretary and the Secretary of the department in which the Coast Guard is operating may utilize, by agreement and on a reimbursable or nonreimbursable basis the personnel, services, equipment (including aircraft and vessels), and facilities of any other Federal agency (including all elements of the Department of Defense), or of any State agency. The Secretary and the Secretary of the department in which the Coast Guard is operating shall authorize officers to enforce the provisions of this Act (including any regulation promulgated under this Act). The head of any Federal or State agency that has entered into an agreement with either the Secretary or the Secretary of the department in which the Coast Guard is operating under this section may (if the agreement so provides) authorize officers to enforce the provisions of this Act (including any regulation promulgated under this Act). (b)

Powers of authorized officers

(1)

In general

An authorized officer under subsection (a) may, with or without a warrant or other process— (A)arrest a person if the officer has probable cause that the person has committed an act prohibited under section 9; (B)board and search or inspect any vessel that is subject to this Act; (C)seize any vessel (together with its fishing gear, furniture, appurtenances, stores, and cargo) used or employed in, or with respect to which it reasonably appears that such vessel was used or employed in, the violation of any provision of this Act (including any regulation promulgated under this Act); (D)seize any fish (wherever found) imported, exported, transported, sold, received, acquired, or purchased in any manner, in connection with or as a result of the violation of any provision of this Act; (E)seize any other evidence related to any violation of any provision of this Act (including any regulation promulgated under this Act); (F)search or inspect any facility or conveyance used or employed in, or which reasonably appears to be used or employed in, the storage, processing, transport, or trade of fish or fish products; (G)inspect records pertaining to the storage, processing, transport, or trade of fish or fish products; (H)detain, for a period not to exceed 14 days, any shipment of fish or fish products that is related to any violation of any provision of this Act (including any regulations promulgated under this Act) and that was imported into, landed on, introduced into, exported from, or transported within the jurisdiction of the United States, or, if such fish or fish product is deemed to be perishable, sell and retain the proceeds for a period not to exceed 14 days; (I)search and seize, in accordance with any guidelines issued by the Attorney General; (J)execute and serve any subpoena, arrest warrant, search warrant issued in accordance with rule 41 of the Federal Rules of Criminal Procedure, or other warrant or civil or criminal process issued by any officer or court of competent jurisdiction; (K)access, directly or indirectly, for enforcement purposes any data or information required to be provided under this Act (including any regulations promulgated under this Act), including data from vessel monitoring systems, automatic identification systems, long-range identification and tracking systems, or any similar system; and (L)exercise any other lawful authority. (2)

Felonies

An authorized officer under subsection (a) may carry, in accordance with any guidelines issued by the Attorney General, firearms and may make an arrest for any offense under the laws of the United States committed in the officer’s presence or for the commission of any felony under the laws of the United States if the officer has probable cause that the person to be arrested has committed or is committing a felony. (c)

Issuance of citations

If an authorized officer under subsection (a) finds that a person or vessel is engaging or has been engaged in a violation of any provision of this Act, the officer may issue a citation to the owner or operator of the vessel in lieu of proceeding under subsection (f), (g), or (i). The Secretary shall maintain a record of all citations issued under this subsection. (d)

Subpoenas

(1)

In general

For the purposes of conducting any investigation or hearing under this Act, or any other Act administered by the Secretary, the Secretary may— (A)issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, photographs, records, books, and documents in any form, including those in electronic, optical, or magnetic form; and (B)administer oaths. (2)

Witness fees

Witnesses summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. (3)

Contempt

In case of contempt or refusal to obey a subpoena served upon any person under this subsection, the district court of the United States for any district in which such person is found, resides, or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Secretary or to appear and produce documents before the Secretary, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof. (e)

District court jurisdiction

(1)

In general

The several district courts of the United States shall have jurisdiction over any actions arising under this section. For the purpose of this section, for Hawaii or any possession of the United States in the Pacific Ocean, the appropriate court is the United States District Court for the District of Hawaii, except— (A)in the case of Guam and Wake Island, the appropriate court is the United States District Court for the District of Guam; and (B)in the case of the Northern Mariana Islands, the appropriate court is the United States District Court for the District of the Northern Mariana Islands. (2)

Each violation separate offense

Each violation shall be a separate offense. The offense shall be deemed to have been committed not only in the district where the violation first occurred, but also in any other district as authorized by law. (3)

Offenses not committed in any district

Any offense not committed in any district is subject to the venue provisions of section 3238 of title 18, United States Code. (f)

Civil enforcement

(1)

Civil administrative penalties

(A)

In general

Any person who is found by the Secretary (after notice and opportunity for a hearing in accordance with section 554 of title 5, United States Code) to have committed an act prohibited under section 9 shall be liable to the United States for a civil penalty. The amount of the civil penalty shall not exceed $250,000 for each violation. Each day of a continuing violation shall constitute a separate offense. The amount of such civil penalty shall be assessed by the Secretary, by written notice. In determining the amount of such penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the prohibited act committed and, with respect to the violator, the degree of culpability, any history of prior offenses, and other matters as justice may require. In assessing such penalty the Secretary may also consider any information provided by the violator relating to the ability of the violator to pay if the information is served on the Secretary not later than 30 days prior to an administrative hearing. (B)

Compromise or other action by Secretary

The Secretary may compromise, modify, or remit, with or without conditions, any civil administrative penalty which is or may be imposed under this subsection and that has not been referred to the Attorney General for further enforcement action. (2)

Civil judicial penalties

Any person who violates any provision of this Act (including any regulation promulgated or permit issued thereunder) shall be subject to a civil judicial penalty not to exceed $300,000 for each such violation. Each day of a continuing violation shall constitute a separate violation. The Attorney General, upon the request of the Secretary, may commence a civil action in an appropriate district court of the United States. The district court shall have jurisdiction to award civil penalties and such other relief as justice may require. In determining the amount of a civil penalty, the district court shall take into account the nature, circumstances, extent, and gravity of the prohibited act committed and, with respect to the violator, the degree of culpability, any history of prior violations, and such other matters as justice may require. In imposing such penalty, the district court may also consider information related to the ability of the violator to pay. (3)

In rem jurisdiction

A vessel (including its fishing gear, furniture, appurtenances, stores, and cargo) used in the commission of an act prohibited by section 9 shall be liable in rem for any civil penalty assessed for such violation under this section and may be proceeded against in any district court of the United States having jurisdiction thereof. Such penalty shall constitute a maritime lien on such vessel. The maritime lien on the vessel may be recovered in an action in rem in the district court of the United States having jurisdiction over the vessel. (4)

Collection of administrative penalties

If a person fails to pay an assessment of a civil penalty under paragraph (1) after it has become a final and unappealable order, the Secretary shall refer the matter to the Attorney General. The Attorney General shall recover the amount assessed (plus interest at current prevailing rates from the date of the final order) in any appropriate district court of the United States. In such action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review. Any person who fails to pay, on a timely basis, the amount of an assessment of a civil penalty shall be required to pay (in addition to such amount and interest, attorney's fees, and costs for collection proceedings) a quarterly nonpayment penalty for each quarter during which such failure to pay persists. Such nonpayment penalty shall be in an amount equal to 20 percent of the aggregate amount of such person's penalties and nonpayment penalties that are unpaid as of the beginning of such quarter. (g)

Forfeiture

(1)

Criminal forfeiture

A person who is convicted of an offense in violation of this Act shall forfeit to the United States— (A)any property, real or personal, constituting or traceable to the gross proceeds taken, obtained, or retained, in connection with or as a result of the offense, including, without limitation, any fish (or the fair market value thereof); and (B)any property, real or personal, used or intended to be used, in any manner, to commit or facilitate the commission of the offense, including, without limitation, any vessel (including the vessel's equipment, stores, catch and cargo), vehicle, aircraft, or other means of transportation. Pursuant to section 2461(c) of title 28, United States Code, the provisions of section 413 of the Controlled Substances Act (21 U.S.C. § 853) except for subsection (d) of that Act shall apply to criminal forfeitures under this section. (2)

Civil forfeiture

The property set forth below shall be subject to forfeiture to the United States in accordance with the provisions of chapter 46 of title 18, United States Code, and no property right shall exist in it: (A)Any property, real or personal, constituting or traceable to the gross proceeds taken, obtained, or retained in connection with, or as a result of, a violation of this Act, including, without limitation, any fish (or the fair market value thereof). (B)Any property, real or personal, used or intended to be used, in any manner, to commit or facilitate the commission of a violation of this Act, including, without limitation, any vessel (including the vessel's equipment, stores, catch, and cargo), vehicle, aircraft, or other means of transportation. (3)

Application of the customs laws

All provisions of law relating to seizure, summary judgment, and judicial forfeiture and condemnation for violation of the customs laws, the disposition of the property forfeited or condemned or the proceeds from the sale thereof, the remission or mitigation of such forfeitures, and the compromise of claims shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this Act, insofar as applicable and not inconsistent with the provisions hereof. For seizures and forfeitures of property under this section by the Secretary, such duties as are imposed upon the customs officer or any other person with respect to the seizure and forfeiture of property under the customs law may be performed by such officers as are designated by the Secretary or, upon request of the Secretary, by any other agency that has authority to manage and dispose of seized property. (4)

Presumption

For the purposes of this section there is a rebuttable presumption that all fish, or components thereof, found on board a vessel that is used or seized in connection with a violation of this Act (including any regulation promulgated under this Act) were taken, obtained, or retained as a result of IUU fishing or fishing-related activities in support of IUU fishing. (h)

Criminal enforcement

(1)Any person (other than a foreign government agency, or entity wholly owned and controlled by a foreign government) who knowingly commits any act prohibited by section 9 of this Act shall be imprisoned for not more than 5 years or fined not more than $500,000 for individuals or $1,000,000 for an organization, or both; except that if in the commission of any such offense the individual uses a dangerous weapon, engages in conduct that causes bodily injury to any officer authorized to enforce the provisions of this Act, or places any such officer in fear of imminent bodily injury, the maximum term of imprisonment is not more than 10 years. (2)Any person (other than a foreign government agency, or entity wholly owned and controlled by a foreign government) who violates paragraph (2), (3), (4), (5) or (6) of section 9, and who, in the exercise of due care should know that such person's conduct violates such subsections, shall be fined under title 18, United States Code, or imprisoned not more than 1 year, or both. (i)

Payment of storage, care, and other costs

Any person assessed a civil penalty for, or convicted of, any violation of this Act (including any regulation promulgated under this Act) and any claimant in a forfeiture action brought for such a violation, shall be liable for the reasonable costs incurred by the Secretary in storage, care, and maintenance of any property seized in connection with the violation.

11.

International cooperation and assistance

(a)

In general

To the greatest extent possible, consistent with existing authority and the availability of funds, the Secretary shall provide appropriate assistance, including grants, to developing nations and international organizations of which such nations are members to assist those nations in meeting their obligations under the Agreement. (b)

Use of resources

In carrying out subsection (a), the Secretary may, by agreement, on a reimbursable or nonreimbursable basis, utilize the personnel, services, equipment, and facilities of any individual, corporation, partnership, association, or other entity, and any Federal, State, local, or foreign government or any entity of any such government. (c)

Transfer of funds

The Secretary is authorized to transfer funds, subject to the limits of available appropriations, to any foreign government and any international, non-governmental, or intergovernmental organization for purposes related to carrying out the international responsibilities of subsection (a) or any statute administered by the Secretary.

12.

Relationship to other laws

(a)

Statutory construction

Nothing in this Act shall be construed to displace any requirements imposed by the customs laws of the United States or any other laws or regulations enforced or administered by the Secretary of Homeland Security. Where more stringent requirements regarding port entry or access to port services exist under other Federal law, the more stringent requirements shall apply. Nothing in this Act shall affect a vessel’s entry into port, in accordance with international law, for reasons of force majeure or distress. (b)

Statutory interpretation

This Act shall be interpreted and applied in accordance with United States obligations under international law.

13.

Authorization of appropriations

There is authorized to be appropriated to the Secretary such sums as are necessary for each of fiscal years 2012 through 2016 to carry out the provisions of this Act.