Pirate Fishing Elimination Act
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).
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.
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.
Sets forth standards for: (1) denying or permitting port services to vessels authorized to enter a port, and (2) prioritizing vessel inspections.
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.
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 the 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 to make appropriate arrests and issue citations.
Sets forth forfeiture procedures and administrative, civil, and criminal penalties.
Directs the Secretary to provide assistance, including grants, to assist developing nations and international organizations in meeting their obligations under the Agreement.
By Senator Rockefeller from Committee on Commerce, Science, and Transportation filed written report. Report No. 112-255.