[Senate Report 112-255]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                                 SENATE
 2d Session                                                     112-255
_______________________________________________________________________


                                                       Calendar No. 549

                   THE PIRATE FISHING ELIMINATION ACT

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1980




               December 19, 2012.--Ordered to be printed

                            -----------

                   U.S. GOVERNMENT PRINTING OFFICE
 29-010                    WASHINGTON : 2012



       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                      one hundred twelfth congress
                             second session

            JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii             KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts         OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California            JIM DeMINT, South Carolina
BILL NELSON, Florida                 JOHN THUNE, South Dakota
MARIA CANTWELL, Washington           ROGER F. WICKER, Mississippi
FRANK R. LAUTENBERG, New Jersey      JOHNNY ISAKSON, Georgia
MARK PRYOR, Arkansas                 ROY BLUNT, Missouri
CLAIRE McCASKILL, Missouri           JOHN BOOZMAN, Arkansas
AMY KLOBUCHAR, Minnesota             PATRICK J. TOOMEY, Pennsylvania
TOM UDALL, New Mexico                MARCO RUBIO, Florida
MARK WARNER, Virginia                KELLY AYOTTE, New Hampshire
MARK BEGICH, Alaska                  DEAN HELLER, Nevada
                     Ellen Doneski, Staff Director
                   James Reid, Deputy Staff Director
                     John Williams, General Counsel
               Richard Russell, Republican Staff Director
            David Quinalty, Republican Deputy Staff Director
               Rebecca Seidel, Republican General Counsel

                                                       Calendar No. 549
112th Congress                                                   Report
                                 SENATE
 2d Session                                                     112-255

======================================================================



 
                   THE PIRATE FISHING ELIMINATION ACT

                                _______
                                

               December 19, 2012.--Ordered to be printed

                                _______
                                

     Mr. Rockefeller, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 1980]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1980) to prevent, deter, and 
eliminate illegal, unreported, and unregulated fishing through 
port State measures, having considered the same, reports 
favorably thereon without amendment and recommends that the 
bill do pass.

                          Purpose of the Bill

  The purpose of S. 1980, the Pirate Fishing Elimination Act is 
to prevent, deter, and eliminate illegal, unreported, and 
unregulated (IUU) fishing through the implementation of port 
access control measures, as outlined under the Agreement on 
Port State Measures to Prevent, Deter and Eliminate Illegal, 
Unreported and Unregulated Fishing, adopted at the Food and 
Agriculture Organization (FAO) of the United Nations (U.N.) in 
Rome, Italy, on November 22, 2009.

                          Background and Needs

  Many fish stocks around the world have become depleted in the 
last several decades as a result of fleet overcapacity, 
overfishing, and ineffective fisheries law enforcement regimes. 
Coastal fishing nations are responsible for managing the stocks 
that fall within their domestic waters, which extend 200 
nautical miles from their coastline, also known as their 
Exclusive Economic Zone (EEZ). Unfortunately, many of these 
coastal nations do not manage for stock sustainability, enforce 
their regulations effectively, or coordinate management of 
shared stocks with other fishing nations.
  Under the Magnuson-Stevens Fishery Conservation and 
Management Act (MSA, 16 U.S.C. 1801 et seq.), the U.S. 
government exercises sovereign rights and exclusive management 
authority over fish and Continental Shelf fishery resources 
within the U.S. EEZ. MSA authorizes the Secretary of Commerce 
(Secretary), through the National Marine Fisheries Service 
(NMFS) within the National Oceanic and Atmospheric 
Administration (NOAA), to be responsible for the management of 
these resources. MSA calls for Regional Fishery Management 
Councils, and the Secretary as appropriate, to develop fishery 
management plans, subject to the Secretary's approval, that 
follow the MSA's requirements for rebuilding overfished stocks 
and setting harvest levels according to science-based catch 
limits.
  The coordinated management of shared stocks harvested beyond 
200 miles is accomplished by nations participating in Regional 
Fisheries Management Organizations (RFMOs) or through 
international fishery agreements created to guide and 
coordinate the fisheries management activities of multiple 
nations that target common stocks in specific regions. Each 
nation that chooses to participate in RFMOs or international 
fishery agreements retains its sovereignty, yet is expected to 
develop domestic fisheries laws and regulations consistent with 
each agreement. The United States follows this practice and 
seeks to implement legislation and regulations to meet its 
commitments in RFMOs and under international fishery 
agreements. Short of such an agreement or implementing 
legislation, U.S. fisheries managers seek discussions with 
foreign counterparts to address concerns on interjurisdictional 
stock management.
  All U.S. international fishery enforcement activities are 
coordinated closely between the Coast Guard, NMFS, and the 
State Department. The Coast Guard and NMFS also provide input 
for the State Department's negotiations of fishery treaties and 
agreements and review foreign fishing vessel permit 
applications. The Coast Guard and NMFS jointly conduct 
fisheries enforcement patrols and investigations under a wide-
ranging memorandum of understanding. Additionally, the Coast 
Guard and NMFS cooperate closely with individual States and 
territories, and coordinate MSA enforcement in, and adjacent 
to, State and territorial waters. Further, the Coast Guard 
conducts international enforcement operations in close 
coordination with the State Department, as required by 
Presidential Directive 27.

FOREIGN ILLEGAL, UNREPORTED, AND UNREGULATED (IUU) FISHING

  The term ``IUU fishing'' describes a range of fishing 
activities, including misreporting or failing to report 
catches, fishing without the permission of a coastal country, 
reflagging vessels to countries that are either unwilling or 
unable to adequately control their fishing activity, and not 
complying with fishing gear and area rules. IUU fishing often 
targets fish that traverse the waters of multiple nations and 
international waters, affecting the ocean ecosystems and 
fisheries of numerous coastal nations. It is a challenging 
problem to quantify for a number of reasons. IUU fishing 
activities generally are covert, making monitoring and 
detection difficult. Furthermore, they tend to be dynamic, 
adaptable, highly mobile, and are evolving in terms of their 
level of sophistication.\1\
---------------------------------------------------------------------------
    \1\Dep't of Commerce, Implementation of Title IV of the Magnuson-
Stevens Fishery Conservation and Management Reauthorization Act of 
2006: Biennial Report to Congress 12 (2011).
---------------------------------------------------------------------------
  It is estimated that IUU fish harvests are worth between $10 
billion and $23.5 billion annually\2\ and, despite a lack of 
specific data, likely create significant ecological impacts and 
present unfair market competition to fishermen and nations that 
follow sustainable fishing practices. In an effort to generate 
revenue, the governments of many developing coastal countries 
have negotiated agreements that allow developed countries, 
including European countries, China, and Russia, to harvest 
their fisheries resources. In some cases, officials from 
developing countries have oversold fishing rights, inflated 
potential catches, and allowed pirate vessels and locals free 
rein in breeding grounds. Fishing under these agreements can 
lead to overexploitation, as many of these developing coastal 
countries lack the capacity to conduct fish stock assessments, 
define sustainable harvest levels, and monitor and enforce 
regulations to guide fishing activity. This results in the 
rapid decline of local fish stocks which, in turn, threatens 
the livelihood of local fishermen. Worldwide, the amount of IUU 
fishing appears to be increasing as IUU fishermen attempt to 
avoid stricter fishing rules created to address declining fish 
stocks.
---------------------------------------------------------------------------
    \2\David J. Agnew et al., Estimating the Worldwide Extent of 
Illegal Fishing, PLoS ONE, Feb. 2009, at 4.
---------------------------------------------------------------------------
  Combating IUU fishing on the high seas is difficult due to 
the vast areas of ocean to monitor, enforcement resource 
limitations, and a high volume of operating fishing vessels. To 
address the global problem of IUU fishing, marine policy 
experts have recommended strengthening international fishery 
agreements and member state adhesion to international 
standards, removing incentives for flags of convenience, 
balancing fleet capacity with fisheries resources, and 
increasing the potential cost of IUU activities to pirate 
fishermen.\3\ However, these measures require resources, 
including funding, staff, technology, and expertise, that 
remain largely unavailable in many developing countries. Many 
foreign aid organizations, such as the World Bank, attempt to 
direct foreign financial and technical assistance to improve 
the sustainability of coastal nations' fisheries. The United 
States has initiated limited efforts to assist developing 
countries in targeting IUU fishing.
---------------------------------------------------------------------------
    \3\Bertrand Le Gallic and Anthony Cox, An economic analysis of 
illegal, unreported and unregulated (IUU) fishing: Key drivers and 
possible solutions, Marine Policy, Volume 30, Issue 6, November 2006, 
Pages 689-695
---------------------------------------------------------------------------

THE AGREEMENT ON PORT STATE MEASURES

  Coordinated international efforts to curtail IUU fishing are 
mainly led through the U.N. FAO, and are primarily focused on 
persuading individual nations to better control and manage 
their fishing fleets. At the thirty-sixth session of the U.N. 
Conference of the FAO in 2009, 92 participating nations took a 
significant step towards curtailing IUU fishing by adopting the 
Agreement on Port State Measures to Prevent, Deter, and 
Eliminate Illegal, Unreported, and Unregulated Fishing 
(Agreement on Port State Measures or Agreement). The Agreement 
on Port State Measures, of which the United States was a 
primary negotiator and one of its first signatories, is the 
first global instrument focused specifically on combating IUU 
fishing. It sets forth minimum standards for the conduct of 
dockside inspections and training of inspectors and, most 
significantly, would require parties to restrict port entry and 
port services to foreign vessels known or suspected of having 
been involved in IUU fishing, particularly those on the IUU 
vessel list maintained by an RFMO. Since all fish must be 
brought to port to enter into trade, closing ports to illegal 
product is an effective way to prevent, deter, and eliminate 
IUU fishing. The Agreement would also require information 
sharing, including the sharing of inspection results, with 
parties and other relevant actors to the Agreement when 
evidence of IUU fishing is found during the course of an 
inspection. On November 14, 2011, President Obama transmitted 
the treaty to the Senate for its advice and consent. Broad 
ratification and implementation of the Agreement was called for 
at the U.N. General Assembly in December 2010 (Res. 65/38), at 
the twenty-ninth meeting of the FAO's Committee on Fisheries in 
February 2012, and at the Joint Meeting of the Tuna RFMOs in La 
Jolla, CA in July 2012.
  As a result of the reforms that were put in place with the 
enactment of the Magnuson-Stevens Fishery Conservation and 
Management Reauthorization Act of 2006 (120 Stat. 3575), most 
notably the science-based annual catch limits and accompanying 
accountability measures which are now in place for every 
federally-managed fishery, the United States has taken concrete 
action to stop overfishing and guarantee the health and 
abundance of the Nation's fisheries and the communities that 
depend on them. It is now incumbent upon the United States to 
promote and encourage comparable sustainable fishing practices 
among the other nations of the world.
  The Agreement on Port State Measures does exactly that. It 
establishes legally-binding minimum standards for port States 
to control port access by foreign fishing vessels, as well as 
by foreign transport and supply ships that support fishing 
vessels, in order to prevent IUU-caught fish from entering the 
stream of commerce. It also encourages parties to the Agreement 
to apply similar measures to their own vessels, as the United 
States already does through the Coast Guard's Captain of the 
Port statutory authorities and various Federal fishery 
conservation and management statutes.

                         Summary of Provisions

  S. 1980 would make the changes to domestic law necessary for 
the United States to implement the Agreement on Port State 
Measures. The Secretary would have primary responsibility for 
promulgating regulations and developing procedures necessary to 
carry out the purposes and requirements of the Act, with the 
Coast Guard and NMFS serving as primary enforcement authorities 
for the requirements of the Act and regulations promulgated 
thereunder. The Act would authorize the Secretary, in 
consultation with the Secretary of the department in which the 
Coast Guard is operating, to: (1) designate ports to which 
foreign-flagged fishing or fishing-related vessels may seek 
entry, and establish uniform information-gathering and review 
processes for granting or denying port entry and use of port 
services to such vessels; (2) conduct inspections of such 
vessels suspected of IUU fishing or related activities; (3) 
deny port entry or port services to such vessels that have been 
engaged in IUU fishing; and (4) provide notice, acting through 
the Secretary of State, to relevant flag states, coastal 
nations, RFMOs, and other nations and international 
organizations regarding a vessel that is believed to have 
engaged in IUU fishing or related activities or has been denied 
port entry or port services.

                          Legislative History

  S. 1980, the Pirate Fishing Elimination Act, was introduced 
by Senator Inouye on December 12, 2011, with Senators Begich, 
Rockefeller, and Snowe among its original cosponsors, and was 
referred to the Committee on Commerce, Science, and 
Transportation. On July 31, 2012, the Committee met in open 
Executive Session and ordered S. 1980 reported favorably 
without amendment.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:
S. 1980--Pirate Fishing Elimination Act
    S. 1980 would authorize the National Oceanic and 
Atmospheric Administration (NOAA) to implement an international 
agreement to reduce illegal, unreported, and unregulated (IUU) 
fishing. Under the bill, NOAA would be required to identify 
ports that can be used by foreign vessels, coordinate 
inspections of those vessels with the U.S. Coast Guard (USCG), 
deny port entry to vessels that have engaged in IUU fishing, 
and share information with foreign governments and other 
entities regarding the results of inspections and any actions 
taken if IUU fishing is discovered. S. 1980 also would 
establish civil and criminal penalties for entities that 
violate provisions in the bill.
    Based on information provided by NOAA and the USCG, CBO 
estimates that implementing the legislation would have no 
significant impact on the federal budget. Implementing S. 1980 
would not significantly affect the workload of NOAA and the 
USCG because those agencies already carry out the activities 
required under the bill. Enacting the legislation could 
increase revenues (from civil and criminal penalties) and 
associated direct spending; therefore, pay-as-you-go procedures 
apply. However, CBO estimates that such increases would be 
small and would offset each other in most years.
    CBO has not reviewed S. 1980 for intergovernmental and 
private-sector mandates because section 4 of the Unfunded 
Mandates Reform Act excludes from the application of that act 
any legislative provisions that are necessary for the 
ratification or implementation of international treaty 
obligations. CBO has determined that the bill falls within that 
exclusion.
    The CBO staff contacts for this estimate are Jeff LaFave 
and Sarah Puro. The estimate was approved by Theresa Gullo, 
Deputy Assistant Director for Budget Analysis.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

  S. 1980 would make refinements to NOAA and the Coast Guard's 
existing statutory authorities to better enable them to limit 
and regulate access to U.S. ports and port services in order to 
curtail IUU fishing activity. It would authorize the Secretary 
to designate ports to which foreign vessels involved in fishing 
or fishing-related activity may request entry, and to require 
such vessels to provide advance notice for such requests. It 
generally would require the Secretary and the Secretary of the 
department in which the Coast Guard is operating to deny port 
entry to those vessels known to have engaged in or supported 
IUU fishing, as well as to prohibit vessels already in U.S. 
ports from landing, transshipping, packaging, or processing 
fish where there is evidence they have engaged in or supported 
IUU fishing. However, S. 1980 would not alter the United 
States's obligation, consistent with international law, to 
allow port access to distressed vessels. The Committee trusts 
that the Coast Guard and NOAA will work with other nations to 
ensure U.S. fishermen will be afforded the same access to a 
foreign port as needed to protect life and property.
  The provisions of the bill generally would apply with respect 
to foreign vessels seeking entry to or in a port subject to the 
jurisdiction of the United States, vessels of the United States 
seeking entry to or in a port subject to the jurisdiction of 
another party to the Agreement, and persons who are subject to 
the jurisdiction of the United States.

                            ECONOMIC IMPACT

  The legislation is not expected to have a negative impact on 
the Nation's economy. IUU-caught fish significantly undercut 
the value of legally, sustainably caught fish in the United 
States and elsewhere around the world. Because S. 1980 would 
substantially curtail the entry of IUU-caught fish into the 
stream of commerce in the United States, it is expected to have 
a positive economic impact on the domestic fishing and seafood 
industries.

                                PRIVACY

  The bill is not expected to have any adverse impact on the 
personal privacy of individuals.

                               PAPERWORK

  S. 1980 would require a vessel covered by the Act to submit 
to the Coast Guard Captain of the Port certain basic 
information about the vessel when it is requesting port entry. 
However, much of the information (such as a vessel's name, 
type, flag state, dimensions, destination, estimated date and 
time of arrival, IMO ship identification number, international 
radio call sign) already is reported and available to the Coast 
Guard via automated information system transmissions, the Coast 
Guard's Marine Information Safety and Law Enforcement System, 
and other sources. Because the bill would require that the 
procedure for submitting vessel information utilize existing 
Coast Guard reporting mechanisms to the maximum extent 
possible, S. 1980 is not expected to impose any new paperwork 
requirements on private citizens or businesses.

                   Congressionally Directed Spending

  In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis

Section 1. Short Title; Table of Contents.
  This section would provide that this bill may be cited as the 
Pirate Fishing Elimination Act, and sets forth the table of 
contents of the bill.
Section 2. Purpose.
  This section states that the purpose of this legislation is 
to implement the Agreement on Port State Measures, done at the 
FAO of the U.N. in Rome, Italy, on November 22, 2009.
Section 3. Definitions.
  This section would define 23 terms used throughout the bill, 
of which the following are worth noting in particular:
          Fish.--The term ``fish'' includes all species of 
        living marine resources, whether processed or not.
          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.
          Fishing-related activity.--The term ``fishing-related 
        activity'' means any operation in support of, or in 
        preparation for, fishing, including: the landing, 
        packaging, processing, transshipping, or transporting 
        of fish that have not been previously landed at a port 
        or place; and the provision of personnel, fuel, gear, 
        and other supplies at sea.
          Illegal, unreported, and unregulated fishing or IUU 
        fishing.--The term ``illegal, unreported, and 
        unregulated fishing'' or ``IUU fishing'' means any 
        activity conducted: (1) 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; (2) 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; (3) 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 (4) 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 or a 
        cooperating non-member of that RFMO and that undermines 
        the effectiveness of the conservation and management 
        measures of that RFMO.
          Vessel.--The term ``vessel'' means any vessel, ship, 
        or boat used, equipped, or intended for fishing or a 
        fishing-related activity.
Section 4. Application.
  This section would provide that the bill 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. The 
bill would not apply to a container vessel that is not carrying 
fish, or to a container vessel that is carrying only fish that 
have been previously landed and which the Secretary has no 
clear grounds to suspect has been engaged in IUU fishing or 
fishing-related activities in support of IUU fishing.
Section 5. Duties of the Secretary.
  This section would authorize the Secretary to promulgate 
regulations, in accordance with section 553 of title 5, United 
States Code, as may be necessary to carry out the purposes of 
the bill. It would require the Secretary, in consultation with 
the Secretary of the department in which the Coast Guard is 
operating and the Secretary of State, to develop procedures for 
making determinations and notifications as may be necessary to 
carry out the purposes of the bill. It would authorize the 
Secretary to designate and publicize each port to which a 
vessel to which the bill would apply may seek entry. The 
Secretary would only be allowed to designate a port under this 
section if the port is designated as a port of entry for 
customs reporting purposes under the Tariff Act of 1930 (19 
U.S.C. 1202 et seq.), and would be required to provide a list 
of designated ports to the FAO. In order to implement 
obligations under the Agreement regarding electronic exchange 
of information, this section would authorize the Secretary to 
designate a point of contact and notify the FAO of that 
designation, and to cooperate in efforts to establish an 
information-sharing mechanism and facilitate the exchange of 
information with existing databases relevant to the Agreement. 
Finally, this section would require the Secretary to maintain 
information regarding legal remedies available to persons 
affected by an action under the bill, to make such information 
publicly accessible, and, upon written request, provide the 
information the owner, operator, master, or representative of a 
vessel.
Section 6. Advance Notice of Vessel Arrival, Authorization, or Denial 
        of Port Entry.
  This section would require each vessel to which the bill 
would apply to 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. It 
would direct the Secretary, in consultation with the Secretary 
of the department in which the Coast Guard is operating and the 
Secretary of State, to establish a procedure that would require 
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. This procedure would 
be required to utilize, to the maximum extent possible, 
existing reporting mechanisms maintained and operated by the 
department in which the Coast Guard is operating. The Secretary 
would be required to decide whether to authorize or deny port 
entry, and would be required to communicate the decision to the 
vessel or its representative in accordance with established 
procedure. The Secretary would be authorized to deny entry to: 
any listed IUU vessel; 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 any 
vessel that the Secretary has reasonable grounds to believe has 
violated the provisions of the bill. The Secretary, however, 
would have authority to allow a vessel entry into port: for the 
purpose of rendering assistance to a vessel or person in danger 
or distress; for the scrapping of the vessel, as appropriate; 
or for inspection or other enforcement action. When a vessel is 
denied port entry under this section, the Secretary would be 
required to 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.
Section 7. Denial of Port Services.
  This section would provide that 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 it was acting in a manner consistent with applicable 
conservation and management measures or, in the case of the 
provision of personnel, fuel, gear, and other supplies at sea, 
the vessel was not, at the time of provisioning, a listed IUU 
vessel). Notwithstanding these requirements, the Secretary 
would be authorized to allow the use of port services if the 
services are essential to the safety or health of the crew or 
safety of the vessel; for the scrapping of the vessel, as 
appropriate; or for inspection or other enforcement action. If 
use of port services is denied under this section, the 
Secretary, acting through the Secretary of State, would be 
required to 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. The 
Secretary would be required to withdraw a denial of services 
under this section if the grounds of the denial were 
inadequate, erroneous, or no longer applicable. The Secretary 
would be required to provide prompt notification of such a 
withdrawal to relevant persons.
Section 8. Inspections.
  This section would require the Secretary and the Secretary of 
the department in which the Coast Guard is operating to conduct 
vessel inspections for the purposes of the Agreement and the 
legislation. The Secretary would be required to prioritize 
these inspections based on: (1) whether a vessel has been 
denied entry or use of the port in accordance with the 
Agreement; (2) a request from another relevant party to the 
Agreement, State, or RFMO that a certain vessel be inspected; 
and (3) whether there are clear grounds to suspect the vessel 
has engaged in IUU fishing or related activities. The Secretary 
would be required to transmit the results of an inspection to 
the flag nation of the inspected vessel, and, as appropriate, 
to each relevant party to the Agreement and nation, including a 
relevant coastal nation and the nation of which the vessel's 
master is a national, each relevant RFMO, the FAO, and any 
other relevant international organization. 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, the Secretary 
would be authorized to take enforcement action under the 
provisions of the bill or other applicable law. The Secretary 
would be required, acting through the Secretary of State, to 
promptly notify the flag nation of the vessel and, as 
appropriate, each relevant coastal nation, RFMO, other 
international organization, and the nation of which the 
vessel's master is a national. The Secretary would be required 
to deny such a vessel the use of port services, in accordance 
with the provisions of the legislation.
Section 9. Prohibited Acts.
  This section would make it unlawful for any person to: (1) 
violate any provision of the legislation or any regulation 
promulgated thereunder; (2) 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 the 
legislation or any regulation promulgated thereunder; (3) 
forcibly assault, resist, oppose, impede, intimidate, or 
interfere with any authorized officer in the conduct of any 
search, investigation, or inspection under the legislation; (4) 
resist a lawful arrest for any act prohibited by the 
legislation; (5) 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) submit any false information 
pursuant to any requirement under the legislation or any 
regulation promulgated under the legislation; (7) 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 
the legislation or any Act administered by the Secretary; (8) 
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 that term is defined in the legislation; or (9) 
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-Stevens Fishery Conservation and Management Act (16 
U.S.C. 1857(1)(I)).
Section 10. Enforcement.
  Subsection (a) of this section would require the Secretary 
and the Secretary of the department in which the Coast Guard is 
operating to enforce the provisions of the bill and to 
authorize officers to enforce the provisions of the bill.
  Subsection (b) of this section would provide authorized 
officers with a number of powers necessary to enforce the 
prohibitions and requirements of the bill, as well as authorize 
an officer to 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 on the basis of probable cause.
  Subsection (c) of this section would empower authorized 
officers to issue citations to owners and operators of vessels 
for violations of the provisions of the bill. The Secretary 
would be required to maintain a record of all citations issued 
under this subsection.
  Subsection (d) of this section would authorize the Secretary 
to administer oaths and issue subpoenas for the attendance and 
testimony of witnesses and the production of relevant 
documents.
  Subsection (e) of this section generally would provide that 
the several district courts of the United States shall have 
jurisdiction over any actions arising under this section. For 
Hawaii or any possession of the United States in the Pacific 
Ocean, it would provide that the appropriate court is the 
United States District Court for the District of Hawaii, except 
that in the case of Guam and Wake Island, the appropriate court 
is the United States District Court for the District of Guam, 
and 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.
  Subsection (f) of this section would establish civil 
administrative penalties and civil judicial penalties for 
violations, establish vessel liability in rem for such 
penalties, and authorize the Attorney General to recover unpaid 
penalties in Federal district court.
  Subsection (g) of this section would provide for criminal and 
civil forfeiture of real and personal property of a person 
convicted of an offense in violation of the provisions of the 
bill.
  Subsection (h) of this section would establish criminal 
penalties the violation of acts prohibited by the bill.
  Subsection (i) of this section would provide that any person 
who is assessed a civil penalty for, or convicted of, a 
violation under the legislation, and any claimant in a 
forfeiture action brought for such a violation, shall be liable 
for the reasonable costs incurred in the storage and care of 
property seized in connection with the violation.
Section 11. International Cooperation and Assistance.
  This section would require the Secretary to provide 
appropriate assistance to the greatest extent possible, 
consistent with existing authority and the availability of 
funds, to developing nations and international organizations of 
which such nations are members, to assist those nations in 
meeting their obligations under the Agreement. In carrying out 
this requirement, the Secretary would be permitted to 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, by agreement, on a 
reimbursable or non-reimbursable basis. The Secretary also 
would have the authority to transfer available funds, for 
purposes related to carrying out international assistance under 
this section.
Section 12. Relationship to other Laws.
  This section would provide that nothing in this legislation 
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. It would provide that, where more stringent 
requirements regarding port entry or access to port services 
exist under other Federal law, the more stringent requirements 
shall apply, and that nothing in the bill shall affect a 
vessel's entry into port, in accordance with international law, 
for reasons of force majeure or distress. Further, it would 
provide that this legislation shall be interpreted and applied 
in accordance with United States obligations under 
international law.
Section 13. Authorization of Appropriations.
  This section would authorize 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 the bill.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, the Committee states that the bill as 
reported would make no change to existing law.

                                  
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