I

103D CONGRESS

1ST SESSION H. R. 2274

To amend the Internal Revenue Code of 1986 to impose an excise tax

on the offshore processing of certain fish.

IN THE HOUSE OF REPRESENTATIVES

MAY 26, 1993

Mr. KOPETSKI introduced the following bill; which was referred to the

Committee on Ways and Means

A BILL

To amend the Internal Revenue Code of 1986 to impose

an excise tax on the offshore processing of certain fish.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Factory Trawler Equi5 table Tax Act of 1993’’.

6 SEC. 2. TAX ON OFFSHORE PROCESSING OF CERTAIN FISH.

7 (a) GENERAL RULE.—Chapter 36 of the Internal

8 Revenue Code of 1986 (relating to certain other excise

9 taxes) is amended by adding at the end thereof the follow10 ing new subchapter:
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1 ‘‘Subchapter G—Tax on Offshore Processing

2 of Certain Fish

‘‘Sec. 4501. Imposition of tax.

‘‘Sec. 4502. Definitions.

3 ‘‘SEC. 4501. IMPOSITION OF TAX.

4 ‘‘(a) GENERAL RULE.—There is hereby imposed a

5 tax on the processing of any taxable fish on a fish process6 ing vessel.

7 ‘‘(b) AMOUNT OF TAX.—The amount of the tax im8 posed by subsection (a) per metric ton shall be 10 percent

9 of the ex-vessel value (per metric ton) for unprocessed tax10 able fish.

11 ‘‘(c) LIABILITY FOR TAX.—The tax imposed by sub12 section (a) shall be paid by the owner or operator of the

13 vessel.

14 ‘‘(d) WEIGHING DEVICES.—The operator of any fish

15 processing vessel shall have such fish weighing devices on

16 such vessel as the Secretary determines to be necessary

17 to determine the amount of the tax imposed by this sec18 tion.

19 ‘‘SEC. 4502. DEFINITIONS.

20 ‘‘(a) TAXABLE FISH.—For purposes of this sub21 chapter, the term ‘taxable fish’ means any fish which is

22 Pacific whiting and which is caught in a fishery regulated

23 under the Magnuson Fishery Conservation and Manage24 ment Act.
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1 ‘‘(b) FISH PROCESSING VESSEL.—For purposes of

2 this chapter, the term ‘fish processing vessel’ has the

3 meaning given such term by section 2101(11b) of title 46,

4 United States Code.’’

5 (b) CLERICAL AMENDMENTS.—The table of sub6 chapters for chapter 36 of such Code is amended by add7 ing at the end thereof the following new item:

‘‘Subchapter G. Tax on offshore processing of certain fish.’’

8 (c) EFFECTIVE DATE.—The amendments made by

9 this section shall take effect on the date of the enactment

10 of this Act.

11 SEC. 3. FISHERIES RESEARCH TRUST FUND.

12 (a) IN GENERAL.—Subchapter A of chapter 98 of the

13 Internal Revenue Code of 1986 (relating to trust fund

14 code) is amended by adding at the end thereof the follow15 ing new section:

16 ‘‘SEC. 9512. PACIFIC WHITING FISHERIES RESEARCH TRUST

17 FUND.

18 ‘‘(a) CREATION OF TRUST FUND.—There is estab19 lished in the Treasury of the United States a trust fund

20 to be known as the ‘Pacific Whiting Fisheries Research

21 Trust Fund’, consisting of such amounts as may be appro22 priated or credited to such Trust Fund as provided in this

23 section or section 9602(b).

24 ‘‘(b) TRANSFERS TO TRUST FUND.—There are here25 by appropriated to the Pacific Whiting Fisheries Research
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1 Trust Fund amounts equivalent to the taxes received in

2 the Treasury under section 4501.

3 ‘‘(c) EXPENDITURES FROM TRUST FUND.—

4 ‘‘(1) IN GENERAL.—Amounts in the Pacific

5 Whiting Fisheries Research Trust Fund shall be

6 available, as provided in appropriation Acts, only for

7 purposes of making expenditures with respect to the

8 Pacific whiting fishery for the following: habitat res9 toration, restoration and rebuilding of fisheries and

10 fishing stock, and by-catch gear selectivity and re11 duction research.

12 ‘‘(2) ALLOCATION OF AMOUNTS.—Of the

13 amounts in the Pacific Whiting Fisheries Trust

14 Fund which are made available for expenditure dur15 ing any fiscal year—

16 ‘‘(A) 40 percent shall be allocated for use

17 by the Secretary of Commerce, and

18 ‘‘(B) 60 percent shall be allocated for use

19 by the States of Oregon, Washington, and Cali20 fornia and such amount shall be allocated

21 among such States on the basis of their respec22 tive percentages of the harvest of Pacific whit23 ing which takes place seaward of the coasts of

24 such States.’’
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 for such subchapter A is amended by adding at the end

3 thereof the following new item:

‘‘Sec. 9512. Pacific Whiting Fisheries Research Trust Fund.’’

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