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Union Calendar No. 24

104TH CONGRESS

1ST SESSION H. R. 716

[Report No. 104–47]

To amend the Fishermen’s Protective Act.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 26, 1995

Mr. YOUNG of Alaska (for himself, Mr. SAXTON, and Mr. STUDDS) introduced

the following bill; which was referred to the Committee on Resources

FEBRUARY 23, 1995

Committed to the Committee of the Whole House on the State of the Union

and ordered to be printed

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

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
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1 when a fee regarded by the United States as being incon2 sistent with international law must be paid for a vessel

3 of the United States to transit the waters of a foreign na4 tion on a voyage between points in the United States (in5 cluding a point in the exclusive economic zone or an area

6 whose jurisdiction is in dispute),’’.

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

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

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

10 fee regarded by the United States as inconsistent with

11 international law’’.

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

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

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

15 imposition of a fee regarded by the United States as incon16 sistent with international law on’’.

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

18 15, 1994.

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

20 1967 (22 U.S.C. 1977) is amended—

21 (1) in subsection (c)—

22 (A) by striking the third sentence, and

23 (B) by inserting after the first sentence

24 the following: ‘‘Fees may be collected regardless
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1 of whether needed to carry out the purposes of

2 subsection (a).’’; and

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

4 1993’’ and inserting ‘‘October 1, 1998’’.

5 SEC. 2. CLEARANCE AND ENTRY OF COMMERCIAL FISHING

6 VESSELS.

7 (a) Not later than 15 days after the date of enact8 ment of this Act and at least once each year thereafter,

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

10 that impose fees for transit passage through their waters

11 on commercial fishing vessels registered under the laws

12 of the United States.

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

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

15 Treasury shall withhold from commercial fishing vessels

16 registered under the laws of a nation listed under sub17 section (a) the clearance required by section 4197 of the

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

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

20 States west of 122 degrees west longitude.

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

22 fishing vessel—

23 (1) that enters the navigable waters of the

24 United States pursuant to a bilateral convention
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1 governing fishing for Pacific halibut or albacore

2 tuna;

3 (2) that enters the navigable waters of the

4 United States due to an emergency; or

5 (3) the master of which obtains clearance from

6 the Secretary of the Treasury’s designee by phys7 ically appearing before the designee at a designated

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

9 charged to a commercial fishing vessel of the United

10 States by the nation under whose laws the foreign

11 vessel is registered.

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

13 navigable waters of the United States in violation of this

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

15 Magnuson Fishery Conservation and Management Act (16

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

17 SEC. 3. TECHNICAL CORRECTION.

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

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

20 1994.’’.

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

22 effective on and after April 30, 1994.
Union Calendar No. 24

104TH CONGRESS

1ST SESSION H. R. 716

[Report No. 104–47]

A BILL

To amend the Fishermen’s Protective Act.

FEBRUARY 23, 1995

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed