S 1980 · 112th Congress 2011–2013, ended

Pirate Fishing Elimination Act

Fact sheet

Latest action · Dec 19, 2012 By Senator Rockefeller from Committee on Commerce, Science, and Transportation filed written report. Report No. 112-255.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedDec 12, 2011
  2. Passed SenateNot reached
  3. Passed HouseNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Pirate Fishing Elimination Act - Implements the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, done at the Food and Agriculture Organization (FAO) of the United Nations (U.N.) in Rome, Italy, on November 22, 2009 (the Agreement).

(Sec. 5) Authorizes the Secretary of Commerce (Secretary) to designate and publicize ports of entry for each: (1) foreign vessel seeking entry to or in a port subject to U.S. jurisdiction; (2) vessel of the United States seeking entry to or in a port subject to the jurisdiction of another government or regional economic integration organization under the Agreement; and (3) person, private entity, or government subject to U.S. jurisdiction. Prohibits the designation of such a port unless it is designated as a customs reporting port of entry under specified provisions of the Tariff Act of 1930.

Defines "vessel" as any vessel, ship, or boat used, equipped, or intended for fishing or a fishing-related activity. Excludes a container vessel that is: (1) not carrying fish; or (2) carrying only previously landed fish without having engaged in or supported activities designated as illegal, unreported, and unregulated (IUU) fishing.

Defines "fishing-related activity" as any operation in support of, or in preparation for, fishing, including: (1) the landing, packaging, processing, transshipping, or transporting of fish that have not been previously landed at a port or place; and (2) the provision of personnel, fuel, gear, and other supplies at sea.

Directs the Secretary to provide the FAO a list of each designated port.

Requires the Secretary to maintain, and make publicly accessible, information regarding legal remedies available to persons affected by this Act.

(Sec. 6) Requires each vessel to submit to the Secretary of the department in which the Coast Guard is operating certain required information in advance of the vessel arriving in a port.

Requires the Secretary to deny entry to vessels: (1) listed as, engaged in, or supporting IUU fishing; or (2) that the Secretary has reasonable grounds to believe has violated this Act. Permits the Secretary to allow entry for scrapping, inspection, enforcement, or to assist a vessel or person in danger or distress.

Directs the Secretary to provide notice of denial of entry decisions to the flag nation of the vessel and, as appropriate, each relevant coastal nation, regional fisheries management organization (RFMO), and international organization.

Defines "RFMO" as an intergovernmental fisheries organization or arrangement that has the competence to establish conservation and management measures.

(Sec. 7) Sets forth standards for denying or permitting port services to vessels authorized to enter a port.

(Sec. 8) Requires the Secretary and the Secretary of the department in which the Coast Guard is operating to conduct vessel inspections. Sets forth standards for the prioritization of such inspections.

Directs the Secretary to transmit inspection results to the flag nation of the inspected vessel and, as appropriate, to: (1) 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; (2) the relevant RFMO; (3) the FAO; and (4) any other relevant international organization.

Requires the Secretary, if reasonable grounds exist following the inspection to believe that a foreign vessel has engaged in or supported IUU fishing, to: (1) through the Secretary of State, notify the flag nation of the vessel and, as appropriate, each relevant coastal nation, RFMO, international organization, and the nation of which the vessel's master is a national; and (2) deny the vessel the use of port services. Authorizes the Secretary to take enforcement action.

(Sec. 9) Declares it unlawful for any person to: (1) impede or refuse to permit boarding to an authorized officer conducting investigation or enforcement activities; (2) resist lawful arrest; (3) interfere with the detection of a person violating this Act; (4) submit false information; (5) forcibly assault, resist, harass, or bribe authorized observers or data collectors; (6) 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; (7) falsify records or identifications of fish; or (8) carry out other acts prohibited by this Act.

Defines "authorized officer" as any: (1) commissioned, warrant, or petty officer of the Coast Guard; (2) special agent or fishery enforcement officer of the National Marine Fisheries Service; or (3) officer designated by the head of any federal or state agency with an agreement to enforce the Magnuson-Stevens Fishery Conservation and Management Act or any other statute administered by the National Oceanic and Atmospheric Administration (NOAA).

(Sec. 10) Requires the Secretary and the Secretary of the department in which the Coast Guard is operating to enforce this Act and authorize officers to conduct various enforcement activities.

Allows such Secretaries to utilize, by agreement and on a reimbursable or nonreimbursable basis, the personnel, services, equipment (including aircraft and vessels), and facilities of any other federal or state agency.

Permits authorized officers, under specified circumstances, to carry firearms, make appropriate arrests, and issue citations.

Sets forth forfeiture procedures and administrative, civil, and criminal penalties. Specifies the U.S. district courts with jurisdiction over actions arising in various locations and sets forth venue requirements for offenses not committed in any district.

(Sec. 11) Directs the Secretary to provide assistance, including grants, to assist developing nations and international organizations in meeting their obligations under the Agreement.

Authorizes the Secretary, when carrying out the international assistance responsibilities under this Act or any statute administered by the Secretary, to transfer funds to any foreign government and any international, nongovernmental, or intergovernmental organization.

(Sec. 12) Prohibits this Act from: (1) displacing any requirements imposed by U.S. customs laws or any other laws or regulations enforced or administered by the Secretary of Homeland Security (DHS); or (2) affecting a vessel's entry into port, in accordance with international law, for reasons of force majeure or distress.

Requires more stringent requirements to apply where such requirements exist under other federal laws.

(Sec. 13) Authorizes FY2012-FY2016 appropriations.

Cosponsors 9

Members who signed on, in the order they did. Signatures ran from Dec 12, 2011 to Jun 21, 2012, with 5 there on the day it was introduced.

SeatCosponsorSigned on
D-WVJohn D. Rockefeller IVOriginalDec 12, 2011
R-AKLisa MurkowskiOriginalDec 12, 2011
D-AKMark BegichOriginalDec 12, 2011
R-MEOlympia J. SnoweOriginalDec 12, 2011
D-RISheldon WhitehouseOriginalDec 12, 2011
D-HIDaniel K. AkakaFeb 15, 2012
D-WAMaria CantwellMar 1, 2012
D-ORRon WydenApr 17, 2012
D-NMTom UdallJun 21, 2012

Actions 7

Everything that happened, newest first.

  1. Dec 19, 2012By Senator Rockefeller from Committee on Commerce, Science, and Transportation filed written report. Report No. 112-255.
  2. Nov 14, 2012Committee on Commerce, Science, and Transportation. Reported by Senator Rockefeller without amendment. Without written report.
  3. Nov 14, 2012Placed on Senate Legislative Calendar under General Orders. Calendar No. 549.
  4. Jul 31, 2012Committee on Commerce, Science, and Transportation. Ordered to be reported without amendment favorably.
  5. Dec 12, 2011Introduced in Senate

Subjects

Assigned by the Library of Congress. Policy area: Public Lands and Natural Resources.

Text 2

Each version as it was printed, newest first.

  1. Nov 14, 2012Reported to Senate
  2. Dec 12, 2011Introduced in Senate

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.