103D CONGRESS

2D SESSION H. R. 3817

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 (in12 cluding a point in the exclusive economic zone or an area

13 whose jurisdiction is in dispute),’’.

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

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

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

17 fee regarded by the United States as inconsistent with

18 international law’’.
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1 (2) Section 5(a)(1)(A) of the Fishermen’s Protective

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

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

4 imposition of a fee regarded by the United States as incon5 sistent with international law on’’.

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

7 15, 1994.

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

9 1967 (22 U.S.C. 1977) is amended—

10 (1) in subsection (c)—

11 (A) by striking the third sentence, and

12 (B) by inserting after the first sentence

13 the following: ‘‘Fees may be collected regardless

14 of whether needed to carry out the purposes of

15 subsection (a).’’; and

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

17 1993’’ and inserting ‘‘October 1, 1996’’.

18 SEC. 2. CLEARANCE AND ENTRY OF COMMERCIAL FISHING

19 VESSELS.

20 (a) Not later than 15 days after the date of enact21 ment of this Act and at least once each year thereafter,

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

23 that impose fees for transit passage through their waters

24 on commercial fishing vessels registered under the laws

25 of the United States.
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1 (b) Not later than 15 days after the publication of

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

3 Treasury shall withhold from commercial fishing vessels

4 registered under the laws of a nation listed under sub5 section (a) the clearance required by section 4197 of the

6 Revised Statutes of the United States (46 APP U.S.C.

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

8 States west of 122 degrees west longitude.

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

10 fishing vessel—

11 (1) that enters the navigable waters of the

12 United States pursuant to a bilateral convention

13 governing fishing for Pacific halibut or albacore

14 tuna;

15 (2) that enters the navigable waters of the

16 United States due to an emergency; or

17 (3) the master of which obtains clearance from

18 the Secretary of the Treasury’s designee by phys19 ically appearing before the designee at a designated

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

21 charged to a commercial fishing vessel of the United

22 States by the nation under whose laws the foreign

23 vessel is registered.

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

25 navigable waters of the United States in violation of this
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1 section shall be in violation of section 307(1)(A) of the

2 Magnuson Fishery Conservation and Management Act (16

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

4 SEC. 3. OLYMPIC COAST NATIONAL MARINE SANCTUARY.

5 Notwithstanding section 304(b) of the National Ma6 rine Sanctuaries Act (16 U.S.C. 1434(b)), the designation

7 of the Olympic Coast National Marine Sanctuary and the

8 implementing regulation for that designation, as described

9 in the notice of designation submitted to the Congress on

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

11 SEC. 4. TECHNICAL CORRECTION.

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

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

14 1994.’’.

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

16 effective on and after April 30, 1994.

Passed the House of Representatives July 12, 1994.

Attest:

Clerk.
103D CONGRESS

2D SESSION H. R. 3817

AN ACT

To amend the Fishermen’s Protective Act.