IIA

103D CONGRESS

2D SESSION H. R. 3817

IN THE SENATE OF THE UNITED STATES

JULY 14 (legislative day, JULY 11), 1994

Received

JULY 19 (legislative day, JULY 11), 1994

Read twice and referred to the Committee on Commerce, Science, and

Transportation

AN ACT

To amend the Fishermen’s Protective Act.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. AMENDMENT TO THE FISHERMEN’S PROTEC4 TIVE ACT OF 1967.

5 (a) Section 3(a) of the Fishermen’s Protective Act

6 of 1967 (22 U.S.C. 1973(a)) is amended by inserting after

7 ‘‘prompt release of the vessel and crew,’’ the following: ‘‘or

8 when a fee regarded by the United States as being incon9 sistent with international law must be paid for a vessel

10 of the United States to transit the waters of a foreign na11 tion on a voyage between points in the United States (in-
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1 cluding a point in the exclusive economic zone or an area

2 whose jurisdiction is in dispute),’’.

3 (b)(1) Section 5 of the Fishermen’s Protective Act

4 of 1967 (22 U.S.C. 1975) is amended by inserting after

5 ‘‘seizure;’’ in the title, the following: ‘‘or imposition of a

6 fee regarded by the United States as inconsistent with

7 international law’’.

8 (2) Section 5(a)(1)(A) of the Fishermen’s Protective

9 Act of 1967 (22 U.S.C. 1975(a)) is amended by inserting

10 after ‘‘as a result of the seizure of,’’ the following: ‘‘or

11 imposition of a fee regarded by the United States as incon12 sistent with international law on’’.

13 (c) Subsections (a) and (b) shall take effect on June

14 15, 1994.

15 (d) Section 7 of the Fishermen’s Protective Act of

16 1967 (22 U.S.C. 1977) is amended—

17 (1) in subsection (c)—

18 (A) by striking the third sentence, and

19 (B) by inserting after the first sentence

20 the following: ‘‘Fees may be collected regardless

21 of whether needed to carry out the purposes of

22 subsection (a).’’; and

23 (2) in subsection (e) by striking ‘‘October 1,

24 1993’’ and inserting ‘‘October 1, 1996’’.
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1 SEC. 2. CLEARANCE AND ENTRY OF COMMERCIAL FISHING

2 VESSELS.

3 (a) Not later than 15 days after the date of enact4 ment of this Act and at least once each year thereafter,

5 the Secretary of State shall publish a list of those nations

6 that impose fees for transit passage through their waters

7 on commercial fishing vessels registered under the laws

8 of the United States.

9 (b) Not later than 15 days after the publication of

10 the list required under subsection (a), the Secretary of the

11 Treasury shall withhold from commercial fishing vessels

12 registered under the laws of a nation listed under sub13 section (a) the clearance required by section 4197 of the

14 Revised Statutes of the United States (46 U.S.C. App.

15 91) for entry into the navigable waters of the United

16 States west of 122 degrees west longitude.

17 (c) Subsection (b) shall not apply to a commercial

18 fishing vessel—

19 (1) that enters the navigable waters of the

20 United States pursuant to a bilateral convention

21 governing fishing for Pacific halibut or albacore

22 tuna;

23 (2) that enters the navigable waters of the

24 United States due to an emergency; or

25 (3) the master of which obtains clearance from

26 the Secretary of the Treasury’s designee by phys-
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1 ically appearing before the designee at a designated

2 port of entry and paying a fee equal to the fee

3 charged to a commercial fishing vessel of the United

4 States by the nation under whose laws the foreign

5 vessel is registered.

6 (d) The owner or master of a vessel which enters the

7 navigable waters of the United States in violation of this

8 section shall be in violation of section 307(1)(A) of the

9 Magnuson Fishery Conservation and Management Act (16

10 U.S.C. 1857(1)(A)).

11 SEC. 3. OLYMPIC COAST NATIONAL MARINE SANCTUARY.

12 Notwithstanding section 304(b) of the National Ma13 rine Sanctuaries Act (16 U.S.C. 1434(b)), the designation

14 of the Olympic Coast National Marine Sanctuary and the

15 implementing regulation for that designation, as described

16 in the notice of designation submitted to the Congress on

17 May 11, 1994, shall take effect on July 16, 1994.

18 SEC. 4. TECHNICAL CORRECTION.

19 (a) Section 15(a) of Public Law 103–238 is amended

20 by striking ‘‘April 1, 1994,’’ and inserting ‘‘May 1,

21 1994.’’.

22 (b) The amendment made by subsection (a) shall be

23 effective on and after April 30, 1994.

Passed the House of Representatives July 12, 1994.

Attest: DONNALD K. ANDERSON,

Clerk.