I
103D CONGRESS
2D SESSION
H. R. 4335
To authorize certain United States-flag fishing and fish processing vessels
to be chartered or sold to foreign citizens and transferred to foreign
registry without approval by the Secretary of Transportation, and to
establish limitations on the authority of those vessels to thereafter oper-
ate in the fisheries and coastwise trade of the United States.
IN THE HOUSE OF REPRESENTATIVES
MAY 3, 1994
Mr. YOUNG of Alaska (for himself, Mrs. UNSOELD, and Mr. DICKS) intro-
duced the following bill; which was referred to the Committee on
Merchant Marine and Fisheries
A BILL
To authorize certain United States-flag fishing and fish proc-
essing vessels to be chartered or sold to foreign citizens
and transferred to foreign registry without approval by
the Secretary of Transportation, and to establish limita-
tions on the authority of those vessels to thereafter oper-
ate in the fisheries and coastwise trade of the United
States.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. APPROVAL NOT REQUIRED TO SELL OR CHAR-
TER CERTAIN FISHING AND FISH PROCESS-
ING VESSELS TO FOREIGN CITIZENS AND
TRANSFER THE VESSELS TO FOREIGN REG-
ISTRY.
(a) APPROVAL NOT REQUIRED.—
(1) IN GENERAL.—Section 9 (c) and (d) of the
Shipping Act, 1916 (46 App. U.S.C. 808(c), (d)) do
not apply to the vessels listed in subsection (b).
(2) TERMINATION
OF
APPLICATION.—Para-
graph (1) does not apply to a vessel after any date
on which the vessel has been—
(A) sold, mortgaged, leased, chartered, de-
livered, or in any manner transferred, after the
date of the enactment of this Act, to a person
that is not a citizen of the United States; and
(B) thereafter documented under the laws
of the United States.
(b) VESSELS DESCRIBED.—The vessels referred to in
subsection (a) are the following:
(1) M/V ALL ALASKAN (United States offi-
cial number 248773).
(2) F/V JUNO (United States official number
260614).
(3) F/V ALASKA TRADER (United States of-
ficial number 567664).
(4) F/V OCEAN TEMPEST (United States of-
ficial number 509743).
(5) F/V SHELIKOF (United States official
number 597967).
(6) F/V SEA PRODUCER (United States offi-
cial number 284437).
(7) F/V MAGNUM (United States official num-
ber 529675).
(8) F/V OCEANIC (United States official num-
ber 500320).
(9) F/V ANITA J (United States official num-
ber 560532).
(10) F/V SOURDOUGH (United States official
number 597229).
(11) F/V RONDYS (United States official
number 291085).
(c) REENTRY INTO UNITED STATES FISHERIES AND
COASTWISE TRADE.—
(1) REACQUISITION OF RIGHT TO ENGAGE IN
COASTWISE TRADE.—Notwithstanding the first pro-
viso of section 27 of the Merchant Marine Act, 1920
(46 App. U.S.C. 883), a vessel described in sub-
section (b) shall not be prohibited from acquiring
the right to engage in the coastwise trade by reason
of being placed under foreign registry.
(2) LIMITATIONS ON SUBSEQUENT OPERATION
IN FISHERIES AND COASTWISE TRADE.—In addition
to other limitations and requirements applicable to
operation in the fisheries or coastwise trade, that op-
eration by a vessel described in subsection (b) which
has been sold to a person that is not a citizen of the
United States or placed under foreign registry is
subject to the following limitations:
(A) Subject to subparagraph (B), the ves-
sel may only engage in fisheries or coastwise
trade in which it was eligible to engage before
the vessel was placed under foreign registry.
(B) The vessel may not engage in any op-
eration other than—
(i) fishing,
(ii) fish processing, and
(iii) the transportation of fish, fish
products, or materials directly related to
fishing or the preparation of fish, to or
from a fishing vessel, fish processing ves-
sel, fish tender vessel, or fish processing
facility.
(C) All drydocking, conversion, repair (ex-
cept routine maintenance or emergency repair),
or rebuilding of the vessel after the date on
which the vessel is placed under foreign registry
shall be performed in shipyards located in the
United States.
(3) EXPIRATION
OF
AUTHORITY
TO
REEN-
TER.—Paragraph (1) does not apply to a vessel
after the date that is 10 years after the date of the
enactment of this Act.
(e) RELATIONSHIP TO OTHER LAW.—Nothing in this
section shall be considered to amend, supercede, or other-
wise affect—
(1) the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.);
(2) 
fishery 
management 
plans 
(including
amendments thereto) in effect under that Act; or
(3) regulations promulgated pursuant to that
Act.
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