,,ii #aacth ,,congress #ast ,session ,s4 #bfg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #aa1 #bjac ,mr4 ,rockefeller 7for himself1 ,mr4 ,begich1 ,ms4 ,murkowski1 ,mr4 ,schatz1 ,ms4 ,cantwell1 ,mr4 ,whitehouse1 ,mr4 ,wyden1 ,ms4 ,hirono1 ,mr4 ,merkley1 and ,mr4 ,nelson7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to prevent1 deter1 and eliminate illegal1 unreported1 and unregulated fishing through port ,state measures4 #a4 ,short title2 table of contents 7a7 ,short ,title ,this ,act may be cited as the ,pirate ,fishing ,elimination ,act4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,purpose4 ,sec4 #c4 ,definitions4 ,sec4 #d4 ,application4 ,sec4 #e4 ,duties of the ,secretary4 ,sec4 #f4 ,advance notice of vessel arrival1 authorization1 or denial of port entry4 ,sec4 #g4 ,denial of port services4 ,sec4 #h4 ,inspections4 ,sec4 #i4 ,prohibited acts4 ,sec4 #aj4 ,enforcement4 ,sec4 #aa4 ,international cooperation and assistance4 ,sec4 #ab4 ,relationship to other laws4 ,sec4 #ac4 ,authorization of appropriations4 #b4 ,purpose ,the purpose of this ,act is to implement the ,agreement on ,port ,state ,measures to ,prevent1 ,deter and ,eliminate ,illegal1 ,unreported and ,unregulated ,fishing1 done at the ,food and ,agriculture ,organization of the ,united ,nations in ,rome1 ,italy on ,november #bb1 #bjji4 #c4 ,definitions ,in this ,act3 7#a7 ,agreement ,the term ,agreement means the ,agreement on ,port ,state ,measures to ,prevent1 ,deter and ,eliminate ,illegal1 ,unreported and ,unregulated ,fishing1 done at the ,food and ,agriculture ,organization of the ,united ,nations in ,rome1 ,italy on ,november #bb1 #bjji4 7#b7 ,authorized officer ,the term authorized officer means-- 7,a7 any commissioned1 warrant1 or petty officer of the ,united ,states ,coast ,guard2 7,b7 any special agent or fishery enforcement officer of ,national ,marine ,fisheries ,service2 or 7,c7 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 7#af ,u4,s4,c4 #ahja et seq471 or any other statute administered by the ,national ,oceanic and ,atmospheric ,administration4 7#c7 ,conservation and management measures ,the term conservation and management measures means binding measures to conserve and manage living marine resources adopted by an ,,rfmo4 7#d7 ,container vessel ,the term container vessel means a self-propelled ocean-going vessel constructed or adapted primarily to carry ocean freight containers4 7#e7 ,,fao ,the term ,,fao means the ,food and ,agriculture ,organization of the ,united ,nations4 7#f7 ,fish ,the term fish includes all species of living marine resources1 whether processed or not4 7#g7 ,fishing ,the term fishing means searching for1 attracting1 locating1 catching1 taking1 or harvesting fish or any activity which can reasonably be expected to result in the attracting1 locating1 catching1 taking1 or harvesting of fish4 7#h7 ,fishing-related activity ,the term fishing-related activity means any operation in support of1 or in preparation for1 fishing1 including-- 7,a7 the landing1 packaging1 processing1 transshipping1 or transporting of fish that have not been previously landed at a port or place2 and 7,b7 the provision of personnel1 fuel1 gear1 and other supplies at sea4 7#i7 ,foreign vessel ,the term foreign vessel means any vessel except for a vessel of the ,united ,states4 7#aj7 ,illegal1 unreported1 and unregulated fishing or ,,iuu fishing ,the term illegal1 unreported1 and unregulated fishing or ,,iuu fishing means any activity-- 7,a7 conducted by a national or foreign vessel in waters under the jurisdiction of a nation without the permission of that nation1 or in contravention of its laws and regulations1 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 regulations2 7,b7 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 bound1 including an activity that has not been reported or has been misreported in contravention of the reporting requirements of that ,,rfmo2 7,c7 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 ,,rfmo1 including an activity that has not been reported or has been misreported in a manner that is inconsistent with those commitments2 or 7,d7 conducted in the area of application of an ,,rfmo by a vessel without nationality1 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 ,,rfmo4 7#aa7 ,landing ,the term landing means to begin to offload fish or to offload fish from any vessel in port or at a dock1 berth1 beach seawall or ramp1 but does not include transshipment4 7#ab7 ,listed ,,iuu vessel ,the term listed ,,iuu vessel means a vessel that is included in a list1 adopted by a regional fisheries management organization1 of vessels having engaged in ,,iuu fishing or fishing-related activities in support of ,,iuu fishing4 7#ac7 ,party ,the term ,party means a government or regional economic integration organization for which the ,agreement is in force4 7#ad7 ,person ,the term person means any individual 7whether or not a citizen or national of the ,united ,states71 corporation1 partnership1 association1 or other entity 7whether or not organized or existing under the laws of any ,state7 and any ,federal1 ,state1 local1 or foreign government or any entity of any such government4 7#ae7 ,port ,the term port includes a roadstead1 an offshore terminal1 and any other installation or place for landing1 transshipping1 packaging1 processing1 refueling1 or resupplying4 7#af7 ,previously landed ,the term previously landed means landed in a port or at a dock1 berth1 beach seawall1 or ramp and subsequently loaded onto a container or other carrier vessel4 7#ag7 ,processing ,the term processing means the preparation or packaging of fish to render the fish suitable for human consumption1 retail sale1 industrial uses1 export1 or long-term storage1 including cooking1 canning1 smoking1 salting1 drying1 filleting1 packaging1 freezing1 or rendering into meal or oil4 7#ah7 ,regional fisheries management organization or ,,rfmo ,the term regional fisheries management organization or ,,rfmo means an intergovernmental fisheries organization or arrangement1 as appropriate1 that has the competence to establish conservation and management measures4 7#ai7 ,secretary ,the term ,secretary means the ,secretary of ,commerce or the ,secretary of ,commerce's designee4 7#bj7 ,state ,the term ,state means each of the several ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 ,american ,samoa1 the ,virgin ,islands1 ,guam1 the ,northern ,mariana ,islands1 and any other ,commonwealth1 territory1 or possession of the ,united ,states4 7#ba7 ,transshipment ,the term transshipment means to offload and onload or otherwise transfer fish or a fish product from one vessel to another vessel4 7#bb7 ,vessel ,the term vessel means any vessel1 ship1 or boat used1 equipped1 or intended for fishing or a fishing-related activity4 7#bc7 ,vessel of the ,united ,states 7,a7 ,in general ,the term vessel of the ,united ,states means-- 7i7 a vessel documented under chapter #aba of title #df1 ,united ,states ,code1 or numbered in accordance with chapter #abc of title #df1 ,united ,states ,code2 or 7ii7 a vessel owned in whole or in part by-- 7,i7 the ,united ,states2 7,,ii7 a ,state or political subdivision of a ,state2 7,,iii7 a citizen or national of the ,united ,states2 or 7,,iv7 a corporation created under the laws of the ,united ,states or any ,state4 7,b7 ,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 law4 #d4 ,application 7a7 ,in general ,this ,act shall apply to-- 7#a7 each foreign vessel seeking entry to or in a port subject to the jurisdiction of the ,united ,states2 7#b7 each vessel of the ,united ,states seeking entry to or in a port subject to the jurisdiction of another ,party to the ,agreement2 and 7#c7 each person subject to the jurisdiction of the ,united ,states4 7b7 ,exclusions ,notwithstanding subsection 7a71 this ,act shall not apply to-- 7#a7 a container vessel that is not carrying fish2 or 7#b7 a container vessel that-- 7,a7 is carrying only fish that have been previously landed2 and 7,b7 the ,secretary has no clear grounds to suspect has been engaged in ,,iuu fishing or fishing-related activities in support of ,,iuu fishing4 #e4 ,duties of the ,secretary 7a7 ,regulations ,the ,secretary may promulgate such regulations1 in accordance with section #eec of title #e1 ,united ,states ,code1 as may be necessary to carry out the purposes of this ,act4 7b7 ,procedures ,the ,secretary1 in consultation with the ,secretary of ,state and the ,secretary of the department in which the ,coast ,guard is operating1 shall develop procedures for making determinations and notifications as may be necessary to carry out the purposes of this ,act4 7c7 ,foreign vessel entry 7#a7 ,in general ,the ,secretary 7in consultation with the ,secretary of ,homeland ,security or if the ,coast ,guard is not operating in the ,department of ,homeland ,security1 in consultation with the ,secretary of the department in which the ,coast ,guard is operating7 may designate and publicize each port to which a vessel described in section #d may seek entry4 ,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 #dcc of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #adcc74 7#b7 ,list of designated ports ,the ,secretary shall provide a list of each port designated under paragraph 7#a7 to ,,fao4 7d7 ,electronic exchange of information ,in order to implement the requirements of the ,agreement regarding electronic exchange of information1 the ,secretary is authorized to designate a point of contact and notify ,,fao of that designation4 ,the ,secretary may cooperate1 including by providing financial assistance1 in efforts to establish an information-sharing mechanism and to facilitate the exchange of information with existing databases relevant to the ,agreement4 7e7 ,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 ,act4 ,the ,secretary shall make the information publicly accessible and1 upon written request1 shall provide the information to the owner1 operator1 master1 or representative of a vessel4 #f4 ,advance notice of vessel arrival1 authorization1 or denial of port entry 7a7 ,advance notice of vessel arrival ,each vessel described in section #d7;a7 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 port4 ,the ,secretary shall1 in consultation with the ,secretary of the ,department in which the ,coast ,guard is operating and the ,secretary of ,state1 promulgate regulations to establish a procedure that requires each foreign vessel seeking entry into a ,u4,s4 port to submit1 at a minimum1 the information required under the ,agreement in advance of the vessel's arrival in a port4 ,the procedure shall utilize1 to the maximum extent possible1 existing reporting mechanisms maintained and operated by the department in which the ,coast ,guard is operating4 7b7 ,authorization or denial of port entry 7#a7 ,in general ,in conformance with the procedures under section #e7;b7 the ,secretary shall-- 7,a7 decide whether to authorize or deny port entry2 and 7,b7 communicate the decision to the vessel or its representative in accordance with the procedure under subsection 7a74 7#b7 ,denial of entry ,the ,secretary may deny entry to-- 7,a7 any listed ,,iuu vessel2 7,b7 any vessel that the ,secretary has reasonable grounds to believe has engaged in ,,iuu fishing or fishing-related activities in support of ,,iuu fishing2 or 7,c7 any vessel that the ,secretary has reasonable grounds to believe has violated this ,act4 7#c7 ,permissible entry ,notwithstanding paragraph 7#b71 the ,secretary may allow a vessel entry into port-- 7,a7 for the purpose of rendering assistance to a vessel or person in danger or distress2 7,b7 for the scrapping of the vessel1 as appropriate2 or 7,c7 for inspection or other enforcement action4 7c7 ,notice ,if entry is denied under subsection 7b71 the ,secretary shall provide notice of the decision to the flag nation of the vessel and1 as appropriate1 to each relevant coastal nation1 ,,rfmo1 and other international organization4 #g4 ,denial of port services 7a7 ,in general ,a vessel that has been granted authorization to enter port under section #f or that is otherwise in a port subject to the jurisdiction of the ,united ,states shall be denied1 by the ,secretary1 the use of the port for landing1 transshipment1 packaging and processing of fish1 refueling1 resupplying1 maintenance1 and drydocking1 if-- 7#a7 the vessel entered port without authorization under section #f2 7#b7 the vessel is a listed ,,iuu vessel2 7#c7 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 nation2 7#d7 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 measures2 7#e7 the ,secretary requested confirmation from the flag nation that the fish on board were taken in accordance with applicable conservation and management measures1 and the flag nation failed to provide confirmation in accordance with regulations promulgated under this ,act2 or 7#f7 the ,secretary has reasonable grounds to believe that the vessel has engaged in ,,iuu fishing or fishing-related activities in support of ,,iuu fishing1 including in support of a listed ,,iuu vessel1 unless the vessel can establish that-- 7,a7 the vessel was acting in a manner consistent with applicable conservation and management measures2 or 7,b7 in the case of the provision of personnel1 fuel1 gear1 and other supplies at sea1 the vessel provisioned was not1 at the time of provisioning1 a listed ,,iuu vessel4 7b7 ,permissible use of port services ,notwithstanding subsection 7a71 the ,secretary may allow the use of port services--- 7#a7 if the vessel has established that the services are essential to the safety or health of the crew or safety of the vessel2 7#b7 for the scrapping of the vessel1 as appropriate2 or 7#c7 for inspection or other enforcement action4 7c7 ,notice ,if use of port services is denied under subsection 7a71 the ,secretary1 acting through the ,secretary of ,state1 shall provide notice of the decision to the flag nation of the vessel and1 as appropriate1 to each relevant coastal nation1 ,,rfmo1 and other international organization4 7d7 ,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 inadequate1 erroneous1 or no longer applicable4 ,the ,secretary shall provide notification of the withdrawal promptly to each person that was notified under subsection 7c74 #h4 ,inspections 7a7 ,inspections ,the ,secretary and the ,secretary of the department in which the ,coast ,guard is operating shall conduct vessel inspections1 as necessary1 for the purposes of the ,agreement and this ,act4 ,in conducting a vessel inspection1 the ,secretary may utilize by agreement1 on a reimbursable or nonreimbursable basis1 the personnel services1 equipment 7including aircraft and vessels71 and facilities of any other ,federal agency 7including all elements of the ,department of ,defense71 and of any ,state agency4 ,the ,secretary shall prioritize vessel inspections based on-- 7#a7 whether a vessel has been denied entry or use of a port in accordance with the ,agreement2 7#b7 a request from another relevant ,party1 ,state1 or ,,rfmo that a certain vessel be inspected1 particularly if the request is supported by evidence of ,,iuu fishing or fishing-related activities in support of ,,iuu fishing by the vessel in question2 and 7#c7 whether there are clear grounds to suspect that a vessel has engaged in ,,iuu fishing or fishing-related activities in support of ,,iuu fishing4 7b7 ,transmittal of inspection results ,the ,secretary shall transmit the results of an inspection under this ,act to the flag nation of the inspected vessel and1 as appropriate1 to-- 7#a7 each relevant ,party and nation1 including a relevant coastal nation and the nation of which the vessel's master is a national2 7#b7 each relevant ,,rfmo2 7#c7 the ,,fao2 and 7#d7 any other relevant international organization4 7c7 ,actions following inspection ,if1 following an inspection1 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-- 7#a7 the ,secretary may take enforcement action under this ,act or other applicable law2 and 7#b7 the ,secretary shall-- 7,a7 acting through the ,secretary of ,state1 promptly notify the flag nation of the vessel and1 as appropriate1 each relevant coastal nation1 ,,rfmo1 and other international organization1 and the nation of which the vessel's master is a national2 and 7,b7 deny the vessel the use of port services1 in accordance with section #g4 #i4 ,prohibited acts ,it is unlawful for any person-- 7#a7 to violate any provision of this ,act or any regulation promulgated thereunder2 7#b7 to refuse to permit an authorized officer to board1 search1 or inspect any vessel1 conveyance1 or shoreside facility that is subject to the person's control1 for the purpose of conducting any search1 investigation1 or inspection in connection with the enforcement of this ,act or any regulation promulgated thereunder2 7#c7 to forcibly assault1 resist1 oppose1 impede1 intimidate1 or interfere with any authorized officer in the conduct of any search1 investigation1 or inspection described in paragraph 7#b72 7#d7 to resist a lawful arrest for any act prohibited by this ,act2 7#e7 to interfere with1 delay1 or prevent1 by any means1 the apprehension1 arrest1 or detection of another person1 knowing that such person has committed any act prohibited by this section2 7#f7 to submit any false information pursuant to any requirement under this ,act or any regulation promulgated under this ,act2 7#g7 to forcibly assault1 resist1 oppose1 impede1 intimidate1 sexually harass1 bribe1 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 ,secretary2 7#h7 to import1 export1 transport1 sell1 receive1 acquire1 or purchase in interstate or foreign commerce any fish or fish product taken1 possessed1 transported1 or sold in violation of any foreign law or treaty addressing the conservation or management of living marine resources1 or any conservation and management measures 7as defined in section #c72 or 7#i7 to make or submit any incomplete1 invalid1 or false record1 account1 or label for1 or any false identification of1 any fish or fish product 7including false identification of the species1 harvesting vessel or nation1 or the date or location where harvested7 that has been1 or is intended to be imported1 exported1 transported1 sold1 offered for sale1 purchased1 or received in interstate or foreign commerce except where such making or submission is prohibited by section #cjg7a77;,i7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #aheg7a77;,i774 #aj4 ,enforcement 7a7 ,responsibility ,the ,secretary and the ,secretary of the department in which the ,coast ,guard is operating shall enforce the provisions of this ,act4 ,in enforcing this ,act1 the ,secretary and the ,secretary of the department in which the ,coast ,guard is operating may utilize1 by agreement and on a reimbursable or nonreimbursable basis the personnel1 services1 equipment 7including aircraft and vessels71 and facilities of any other ,federal agency 7including all elements of the ,department of ,defense71 or of any ,state agency4 ,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 7including any regulation promulgated under this ,act74 ,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 7if the agreement so provides7 authorize officers to enforce the provisions of this ,act 7including any regulation promulgated under this ,act74 7b7 ,powers of authorized officers 7#a7 ,in general ,an authorized officer under subsection 7a7 may1 with or without a warrant or other process-- 7,a7 arrest a person if the officer has probable cause that the person has committed an act prohibited under section #i2 7,b7 board and search or inspect any vessel that is subject to this ,act2 7,c7 seize any vessel 7together with its fishing gear1 furniture1 appurtenances1 stores1 and cargo7 used or employed in1 or with respect to which it reasonably appears that such vessel was used or employed in1 the violation of any provision of this ,act 7including any regulation promulgated under this ,act72 7,d7 seize any fish 7wherever found7 imported1 exported1 transported1 sold1 received1 acquired1 or purchased in any manner1 in connection with or as a result of the violation of any provision of this ,act2 7,e7 seize any other evidence related to any violation of any provision of this ,act 7including any regulation promulgated under this ,act72 7,f7 search or inspect any facility or conveyance used or employed in1 or which reasonably appears to be used or employed in1 the storage1 processing1 transport1 or trade of fish or fish products2 7,g7 inspect records pertaining to the storage1 processing1 transport1 or trade of fish or fish products2 7,h7 detain1 for a period not to exceed #ad days1 any shipment of fish or fish products that is related to any violation of any provision of this ,act 7including any regulations promulgated under this ,act7 and that was imported into1 landed on1 introduced into1 exported from1 or transported within the jurisdiction of the ,united ,states1 or1 if such fish or fish product is deemed to be perishable1 sell and retain the proceeds for a period not to exceed #ad days2 7,i7 search and seize1 in accordance with any guidelines issued by the ,attorney ,general2 7,j7 execute and serve any subpoena1 arrest warrant1 search warrant issued in accordance with rule #da of the ,federal ,rules of ,criminal ,procedure1 or other warrant or civil or criminal process issued by any officer or court of competent jurisdiction2 7,k7 access1 directly or indirectly1 for enforcement purposes any data or information required to be provided under this ,act 7including any regulations promulgated under this ,act71 including data from vessel monitoring systems1 automatic identification systems1 long-range identification and tracking systems1 or any similar system2 and 7,l7 exercise any other lawful authority4 7#b7 ,felonies ,an authorized officer under subsection 7a7 may carry1 in accordance with any guidelines issued by the ,attorney ,general1 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 felony4 7c7 ,issuance of citations ,if an authorized officer under subsection 7a7 finds that a person or vessel is engaging or has been engaged in a violation of any provision of this ,act1 the officer may issue a citation to the owner or operator of the vessel in lieu of proceeding under subsection 7f71 7g71 or 7i74 ,the ,secretary shall maintain a record of all citations issued under this subsection4 7d7 ,subpoenas 7#a7 ,in general ,for the purposes of conducting any investigation or hearing under this ,act1 or any other ,act administered by the ,secretary1 the ,secretary may-- 7,a7 issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers1 photographs1 records1 books1 and documents in any form1 including those in electronic1 optical1 or magnetic form2 and 7,b7 administer oaths4 7#b7 ,witness fees ,witnesses summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the ,united ,states4 7#c7 ,contempt ,in case of contempt or refusal to obey a subpoena served upon any person under this subsection1 the district court of the ,united ,states for any district in which such person is found1 resides1 or transacts business1 upon application by the ,united ,states and after notice to such person1 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 ,secretary1 or both1 and any failure to obey such order of the court may be punished by such court as a contempt thereof4 7e7 ,district court jurisdiction 7#a7 ,in general ,the several district courts of the ,united ,states shall have jurisdiction over any actions arising under this section4 ,for the purpose of this section1 for ,hawaii or any possession of the ,united ,states in the ,pacific ,ocean1 the appropriate court is the ,united ,states ,district ,court for the ,district of ,hawaii1 except-- 7,a7 in the case of ,guam and ,wake ,island1 the appropriate court is the ,united ,states ,district ,court for the ,district of ,guam2 and 7,b7 in the case of the ,northern ,mariana ,islands1 the appropriate court is the ,united ,states ,district ,court for the ,district of the ,northern ,mariana ,islands4 7#b7 ,each violation separate offense ,each violation shall be a separate offense4 ,the offense shall be deemed to have been committed not only in the district where the violation first occurred1 but also in any other district as authorized by law4 7#c7 ,offenses not committed in any district ,any offense not committed in any district is subject to the venue provisions of section #cbch of title #ah1 ,united ,states ,code4 7f7 ,civil enforcement 7#a7 ,civil administrative penalties 7,a7 ,in general ,any person who is found by the ,secretary 7after notice and opportunity for a hearing in accordance with section #eed of title #e1 ,united ,states ,code7 to have committed an act prohibited under section #i shall be liable to the ,united ,states for a civil penalty4 ,the amount of the civil penalty shall not exceed #bej1jjj for each violation4 ,each day of a continuing violation shall constitute a separate offense4 ,the amount of such civil penalty shall be assessed by the ,secretary1 by written notice4 ,in determining the amount of such penalty1 the ,secretary shall take into account the nature1 circumstances1 extent1 and gravity of the prohibited act committed and1 with respect to the violator1 the degree of culpability1 any history of prior offenses1 and other matters as justice may require4 ,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 #cj days prior to an administrative hearing4 7,b7 ,compromise or other action by ,secretary ,the ,secretary may compromise1 modify1 or remit1 with or without conditions1 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 action4 7#b7 ,civil judicial penalties ,any person who violates any provision of this ,act 7including any regulation promulgated or permit issued thereunder7 shall be subject to a civil judicial penalty not to exceed #cjj1jjj for each such violation4 ,each day of a continuing violation shall constitute a separate violation4 ,the ,attorney ,general1 upon the request of the ,secretary1 may commence a civil action in an appropriate district court of the ,united ,states4 ,the district court shall have jurisdiction to award civil penalties and such other relief as justice may require4 ,in determining the amount of a civil penalty1 the district court shall take into account the nature1 circumstances1 extent1 and gravity of the prohibited act committed and1 with respect to the violator1 the degree of culpability1 any history of prior violations1 and such other matters as justice may require4 ,in imposing such penalty1 the district court may also consider information related to the ability of the violator to pay4 7#c7 ,in rem jurisdiction ,a vessel 7including its fishing gear1 furniture1 appurtenances1 stores1 and cargo7 used in the commission of an act prohibited by section #i 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 thereof4 ,such penalty shall constitute a maritime lien on such vessel4 ,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 vessel4 7#d7 ,collection of administrative penalties ,if a person fails to pay an assessment of a civil penalty under paragraph 7#a7 after it has become a final and unappealable order1 the ,secretary shall refer the matter to the ,attorney ,general4 ,the ,attorney ,general shall recover the amount assessed 7plus interest at current prevailing rates from the date of the final order7 in any appropriate district court of the ,united ,states4 ,in such action1 the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review4 ,any person who fails to pay1 on a timely basis1 the amount of an assessment of a civil penalty shall be required to pay 7in addition to such amount and interest1 attorney's fees1 and costs for collection proceedings7 a quarterly nonpayment penalty for each quarter during which such failure to pay persists4 ,such nonpayment penalty shall be in an amount equal to #bj percent of the aggregate amount of such person's penalties and nonpayment penalties that are unpaid as of the beginning of such quarter4 7g7 ,forfeiture 7#a7 ,criminal forfeiture ,a person who is convicted of an offense in violation of this ,act shall forfeit to the ,united ,states-- 7,a7 any property1 real or personal1 constituting or traceable to the gross proceeds taken1 obtained1 or retained1 in connection with or as a result of the offense1 including1 without limitation1 any fish 7or the fair market value thereof72 and 7,b7 any property1 real or personal1 used or intended to be used1 in any manner1 to commit or facilitate the commission of the offense1 including1 without limitation1 any vessel 7including the vessel's equipment1 stores1 catch and cargo71 vehicle1 aircraft1 or other means of transportation4 ,pursuant to section #bdfa7;c7 of title #bh1 ,united ,states ,code1 the provisions of section #dac of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hec7 except for subsection 7d7 of that ,act shall apply to criminal forfeitures under this section4 7#b7 ,civil forfeiture ,the property set forth below shall be subject to forfeiture to the ,united ,states in accordance with the provisions of chapter #df of title #ah1 ,united ,states ,code1 and no property right shall exist in it3 7,a7 ,any property1 real or personal1 constituting or traceable to the gross proceeds taken1 obtained1 or retained in connection with1 or as a result of1 a violation of this ,act1 including1 without limitation1 any fish 7or the fair market value thereof74 7,b7 ,any property1 real or personal1 used or intended to be used1 in any manner1 to commit or facilitate the commission of a violation of this ,act1 including1 without limitation1 any vessel 7including the vessel's equipment1 stores1 catch1 and cargo71 vehicle1 aircraft1 or other means of transportation4 7#c7 ,application of the customs laws ,all provisions of law relating to seizure1 summary judgment1 and judicial forfeiture and condemnation for violation of the customs laws1 the disposition of the property forfeited or condemned or the proceeds from the sale thereof1 the remission or mitigation of such forfeitures1 and the compromise of claims shall apply to seizures and forfeitures incurred1 or alleged to have been incurred1 under the provisions of this ,act1 insofar as applicable and not inconsistent with the provisions hereof4 ,for seizures and forfeitures of property under this section by the ,secretary1 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 or1 upon request of the ,secretary1 by any other agency that has authority to manage and dispose of seized property4 7#d7 ,presumption ,for the purposes of this section there is a rebuttable presumption that all fish1 or components thereof1 found on board a vessel that is used or seized in connection with a violation of this ,act 7including any regulation promulgated under this ,act7 were taken1 obtained1 or retained as a result of ,,iuu fishing or fishing-related activities in support of ,,iuu fishing4 7h7 ,criminal enforcement 7#a7 ,any person 7other than a foreign government agency1 or entity wholly owned and controlled by a foreign government7 who knowingly commits any act prohibited by section #i of this ,act shall be imprisoned for not more than #e years or fined not more than #ejj1jjj for individuals or #a1jjj1jjj for an organization1 or both2 except that if in the commission of any such offense the individual uses a dangerous weapon1 engages in conduct that causes bodily injury to any officer authorized to enforce the provisions of this ,act1 or places any such officer in fear of imminent bodily injury1 the maximum term of imprisonment is not more than #aj years4 7#b7 ,any person 7other than a foreign government agency1 or entity wholly owned and controlled by a foreign government7 who violates paragraph 7#b71 7#c71 7#d71 7#e7 or 7#f7 of section #i1 and who1 in the exercise of due care should know that such person's conduct violates such subsections1 shall be fined under title #ah1 ,united ,states ,code1 or imprisoned not more than #a year1 or both4 7i7 ,payment of storage1 care1 and other costs ,any person assessed a civil penalty for1 or convicted of1 any violation of this ,act 7including any regulation promulgated under this ,act7 and any claimant in a forfeiture action brought for such a violation1 shall be liable for the reasonable costs incurred by the ,secretary in storage1 care1 and maintenance of any property seized in connection with the violation4 #aa4 ,international cooperation and assistance 7a7 ,in general ,to the greatest extent possible1 consistent with existing authority and the availability of funds1 the ,secretary shall provide appropriate assistance1 including grants1 to developing nations and international organizations of which such nations are members to assist those nations in meeting their obligations under the ,agreement4 7b7 ,use of resources ,in carrying out subsection 7a71 the ,secretary may1 by agreement1 on a reimbursable or nonreimbursable basis1 utilize the personnel1 services1 equipment1 and facilities of any individual1 corporation1 partnership1 association1 or other entity1 and any ,federal1 ,state1 local1 or foreign government or any entity of any such government4 7c7 ,transfer of funds ,the ,secretary is authorized to transfer funds1 subject to the limits of available appropriations1 to any foreign government and any international1 non-governmental1 or intergovernmental organization for purposes related to carrying out the international responsibilities of subsection 7a7 or any statute administered by the ,secretary4 #ab4 ,relationship to other laws 7a7 ,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 ,security4 ,where more stringent requirements regarding port entry or access to port services exist under other ,federal law1 the more stringent requirements shall apply4 ,nothing in this ,act shall affect a vessel's entry into port1 in accordance with international law1 for reasons of force majeure or distress4 7b7 ,statutory interpretation ,this ,act shall be interpreted and applied in accordance with ,united ,states obligations under international law4 #ac4 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary such sums as are necessary for each of fiscal years #bjac through #bjag to carry out the provisions of this ,act4