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LegislationLEGISLATION | Detail


S. 3597: Securing Health for Ocean Resources and Environment Act (SHORE) Act

Sponsor: Rockefeller (D - WV)

Official Title: A bill to improve the ability of the National Oceanic and Atmospheric Administration, the Coast Guard, and coastal States to sustain healthy ocean and coastal ecosystems by maintaining and sustaining their capabilities relating to oil spill preparedness, prevention, response, restoration, and research, and for other purposes.

Status:
7/15/2010: Introduced in Senate
7/15/2010: Referred to Senate Commerce, Science and Transportation Committee
7/27/2010: Ordered to be reported Senate Commerce, Science and Transportation Committee
12/17/2010: Reported to Senate with an amendment in the nature of a substitute by Senate Commerce, Science and Transportation Committee
12/17/2010: Placed on Senate calendar

Commentary:
This bill would make a number of substantial changes to several federal environmental laws, including the Oil Pollution Act, Coastal Zone Management Act of 1972, and Clean Water Act to give the National Oceanic and Atmospheric Administration, Coast Guard, and Commerce Department more authority and responsibility in a wide range of areas, particularly the maintenance and protection of ocean and coastal ecosystems. A large section of S. 3597 includes provisions similar to S. 2089, the Coral Reef Conservation Amendments Act of 2009. Like S. 2089, this Act would criminalize all activity that would “destroy, take, cause the loss of, or injure any coral reef or any component thereof” except in instances involving activity authorized or allowed under Federal or State law, necessary for the sake of “bona fide marine scientific research,” or taken pursuant to an emergency situation. Any person (other than a foreign government or any entity of such government) who “knowingly” commits such a violation would be subject to criminal penalties of up to 5 years imprisonment, fines under Title 18 of the U.S. Code, or both. Any person (other than a foreign government or any entity of such government) who commits such a violation and who, “in the exercise of due care should have known” that their conduct violated the bill would be subject to criminal penalties of up to 1 year imprisonment, fines under Title 18 of the U.S. Code, or both. Similar criminal penalties are also included for individuals who “knowingly” or “in the exercise of due care should have known” that they were unlawfully possessing, selling, delivering, carrying, transporting, or shipping any coral taken in violation of the legislation. S. 3597 also criminalizes “interference with enforcement” of the Act and subjects violators to criminal penalties of up to 5 years imprisonment, a fine of not more than $500,000 for individuals or $1,000,000 for organizations, or both. If the interference involved the use of a “dangerous weapon,” involved conduct that caused bodily injury to any officer authorized to enforce the provisions of the Act, or placed any such officer “in fear of imminent bodily injury,” then the maximum term of imprisonment would be raised to 10 years. Beyond these provisions, S. 3597 also includes a general “catch-all” clause that makes it unlawful for “any person to violate any provision of this title, any permit issued pursuant to this title, or any regulation promulgated pursuant to this title.” Knowing violations of this provision would be subject to criminal penalties of up to 5 years imprisonment, fines under Title 18 of the U.S. Code, or both. Violations committed without the exercise of due care would be subject to criminal penalties of up to 1 year imprisonment, fines under Title 18 of the U.S. Code, or both. In addition to this panoply of new criminal sanctions, S. 3597 also amends 16 U.S.C. § 6401 et seq. to allow for the criminal forfeiture of “any property, real or personal, constituting or traceable to the gross proceeds taken, obtained, or retained, in connection with or as a result” of an offense under the Act. Likewise, the bill would amend the same sections of Title 16 to allow for the criminal forfeiture of “any property, real or personal, used or intended to be used, in any manner, to commit or facilitate the commission of (an) offense” under the Act.

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