I

103D CONGRESS

2D SESSION H. R. 4335

To authorize certain United States-flag fishing and fish processing vessels

to be chartered or sold to foreign citizens and transferred to foreign

registry without approval by the Secretary of Transportation, and to

establish limitations on the authority of those vessels to thereafter operate in the fisheries and coastwise trade of the United States.

IN THE HOUSE OF REPRESENTATIVES

MAY 3, 1994

Mr. YOUNG of Alaska (for himself, Mrs. UNSOELD, and Mr. DICKS) introduced the following bill; which was referred to the Committee on

Merchant Marine and Fisheries

A BILL

To authorize certain United States-flag fishing and fish processing vessels to be chartered or sold to foreign citizens

and transferred to foreign registry without approval by

the Secretary of Transportation, and to establish limitations on the authority of those vessels to thereafter operate in the fisheries and coastwise trade of the United

States.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. APPROVAL NOT REQUIRED TO SELL OR CHAR2 TER CERTAIN FISHING AND FISH PROCESS3 ING VESSELS TO FOREIGN CITIZENS AND

4 TRANSFER THE VESSELS TO FOREIGN REG5 ISTRY.

6 (a) APPROVAL NOT REQUIRED.—

7 (1) IN GENERAL.—Section 9 (c) and (d) of the

8 Shipping Act, 1916 (46 App. U.S.C. 808(c), (d)) do

9 not apply to the vessels listed in subsection (b).

10 (2) TERMINATION OF APPLICATION.—Para11 graph (1) does not apply to a vessel after any date

12 on which the vessel has been—

13 (A) sold, mortgaged, leased, chartered, de14 livered, or in any manner transferred, after the

15 date of the enactment of this Act, to a person

16 that is not a citizen of the United States; and

17 (B) thereafter documented under the laws

18 of the United States.

19 (b) VESSELS DESCRIBED.—The vessels referred to in

20 subsection (a) are the following:

21 (1) M/V ALL ALASKAN (United States offi22 cial number 248773).

23 (2) F/V JUNO (United States official number

24 260614).

25 (3) F/V ALASKA TRADER (United States of26 ficial number 567664).
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1 (4) F/V OCEAN TEMPEST (United States of2 ficial number 509743).

3 (5) F/V SHELIKOF (United States official

4 number 597967).

5 (6) F/V SEA PRODUCER (United States offi6 cial number 284437).

7 (7) F/V MAGNUM (United States official num8 ber 529675).

9 (8) F/V OCEANIC (United States official num10 ber 500320).

11 (9) F/V ANITA J (United States official num12 ber 560532).

13 (10) F/V SOURDOUGH (United States official

14 number 597229).

15 (11) F/V RONDYS (United States official

16 number 291085).

17 (c) REENTRY INTO UNITED STATES FISHERIES AND

18 COASTWISE TRADE.—

19 (1) REACQUISITION OF RIGHT TO ENGAGE IN

20 COASTWISE TRADE.—Notwithstanding the first pro21 viso of section 27 of the Merchant Marine Act, 1920

22 (46 App. U.S.C. 883), a vessel described in sub23 section (b) shall not be prohibited from acquiring

24 the right to engage in the coastwise trade by reason

25 of being placed under foreign registry.
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1 (2) LIMITATIONS ON SUBSEQUENT OPERATION

2 IN FISHERIES AND COASTWISE TRADE.—In addition

3 to other limitations and requirements applicable to

4 operation in the fisheries or coastwise trade, that op5 eration by a vessel described in subsection (b) which

6 has been sold to a person that is not a citizen of the

7 United States or placed under foreign registry is

8 subject to the following limitations:

9 (A) Subject to subparagraph (B), the ves10 sel may only engage in fisheries or coastwise

11 trade in which it was eligible to engage before

12 the vessel was placed under foreign registry.

13 (B) The vessel may not engage in any op14 eration other than—

15 (i) fishing,

16 (ii) fish processing, and

17 (iii) the transportation of fish, fish

18 products, or materials directly related to

19 fishing or the preparation of fish, to or

20 from a fishing vessel, fish processing ves21 sel, fish tender vessel, or fish processing

22 facility.

23 (C) All drydocking, conversion, repair (ex24 cept routine maintenance or emergency repair),

25 or rebuilding of the vessel after the date on
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1 which the vessel is placed under foreign registry

2 shall be performed in shipyards located in the

3 United States.

4 (3) EXPIRATION OF AUTHORITY TO REEN5 TER.—Paragraph (1) does not apply to a vessel

6 after the date that is 10 years after the date of the

7 enactment of this Act.

8 (e) RELATIONSHIP TO OTHER LAW.—Nothing in this

9 section shall be considered to amend, supercede, or other10 wise affect—

11 (1) the Magnuson Fishery Conservation and

12 Management Act (16 U.S.C. 1801 et seq.);

13 (2) fishery management plans (including

14 amendments thereto) in effect under that Act; or

15 (3) regulations promulgated pursuant to that

16 Act.

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