Union Calendar No. 322

103D CONGRESS

2D SESSION H. R. 3817

[Report No. 103–585]

A BILL

To amend the Fishermen’s Protective Act.

JULY 12, 1994

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 322

103D CONGRESS

2D SESSION H. R. 3817

[Report No. 103–585]

To amend the Fishermen’s Protective Act.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 8, 1994

Mr. MANTON (for himself, Mr. STUDDS, and Mr. YOUNG of Alaska) introduced the following bill; which was referred to the Committee on Merchant Marine and Fisheries

JULY 12, 1994

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on February 8, 1994]

A BILL

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 of

6 1967 (22 U.S.C. 1973(a)) is amended by inserting after
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1 ‘‘prompt release of the vessel and crew,’’ the following: ‘‘or

2 when a fee regarded by the United States as being inconsist3 ent with international law must be paid for a vessel of the

4 United States to transit the waters of a foreign nation on

5 a voyage between points in the United States (including

6 a point in the exclusive economic zone or an area whose

7 jurisdiction is in dispute),’’.

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

9 1967 (22 U.S.C. 1975) is amended by inserting after ‘‘sei10 zure;’’ in the title, the following: ‘‘or imposition of a fee

11 regarded by the United States as inconsistent with inter12 national law’’.

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

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

15 after ‘‘as a result of the seizure of,’’ the following: ‘‘or impo16 sition of a fee regarded by the United States as inconsistent

17 with international law on’’.

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

19 15, 1994.

20 (d) Section 7 of the Fishermen’s Protective Act of 1967

21 (22 U.S.C. 1977) is amended—

22 (1) in subsection (c)—

23 (A) by striking the third sentence, and

24 (B) by inserting after the first sentence the

25 following: ‘‘Fees may be collected regardless of
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1 whether needed to carry out the purposes of sub2 section (a).’’; and

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

4 1993’’ and inserting ‘‘October 1, 1996’’.

5 SEC. 2. CLEARANCE AND ENTRY OF COMMERCIAL FISHING

6 VESSELS.

7 (a) Not later than 15 days after the date of enactment

8 of this Act, the Secretary of State shall publish a list of

9 those nations that impose fees for transit passage through

10 their waters on commercial fishing vessels registered under

11 the laws of the United States.

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

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

14 Treasury shall withhold from commercial fishing vessels

15 registered under the laws of a nation listed under subsection

16 (a) the clearance required by section 4197 of the Revised

17 Statutes of the United States (46 APP USC 91) for entry

18 into the navigable waters of the United States west of 122

19 degrees west longitude.

20 (c) Section (b) shall not apply to a commercial fishing

21 vessel—

22 (1) that enters the navigable waters of the United

23 States pursuant to a bilateral convention governing

24 fishing for Pacific halibut or albacore tuna;
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1 (2) that enters the navigable waters of the United

2 States due to an emergency; or

3 (3) the master of which obtains clearance from

4 the Secretary of the Treasury’s designee by physically

5 appearing before the designee at a designated port of

6 entry and paying a fee equal to the fee charged to a

7 commercial fishing vessel of the United States by the

8 nation under whose laws the foreign vessel is reg9 istered.

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

11 navigable waters of the United States in violation of this

12 section shall be in violation of section 307(1)(A) of the Mag13 nuson Fishery Conservation and Management Act (16

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