I
104TH CONGRESS
1ST SESSION
H. R. 898
To prohibit high seas fishing vessels from engaging in harvesting operations
on the high seas without specific authorization from the Secretary of
Commerce, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 10, 1995
Mr. YOUNG of Alaska introduced the following bill; which was referred to the
Committee on Resources
A BILL
To prohibit high seas fishing vessels from engaging in har-
vesting operations on the high seas without specific au-
thorization from the Secretary of Commerce, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘High Seas Fishing
Compliance Act of 1995’’.
SEC. 2. DEFINITIONS.
As used in this Act, the term—
(1) ‘‘Agreement’’ means the Agreement to Pro-
mote Compliance with International Conservation
and Management Measures by Fishing Vessels on
the High Seas, adopted by the Conference of the
Food and Agriculture Organization of the United
Nations on November 4, 1993;
(2) ‘‘high seas’’ means the waters beyond the
territorial sea or exclusive economic zone (or the
equivalent) of any nation, to the extent that such
territorial sea or exclusive economic zone (or the
equivalent) is recognized by the United States;
(3) ‘‘high seas fishing vessel’’ means any vessel
of the United States used or intended for use—
(A) on the high seas;
(B) for the purpose of commercial exploi-
tation of living marine resources; and
(C) as a harvesting vessel, as a mother
ship, or as any other support vessel directly en-
gaged in a fishing operation;
(4) ‘‘international conservation and manage-
ment measures’’ means measures to conserve or
manage one or more species of living marine re-
sources that are adopted and applied in accordance
with the relevant rules of international law and that
are recognized by the United States. These measures
may be adopted by global, regional, or sub-regional
fisheries organizations, subject to the rights and ob-
ligations of their members, or by treaties or other
international agreements;
(5) ‘‘person’’ means any individual (whether or
not a citizen of or national of the United States),
any corporation, partnership, association, or other
entity (whether or not organized or existing under
the laws of any State), and any Federal, State, local,
or foreign government or any entity of those govern-
ments; and
(6) ‘‘Secretary’’ means the Secretary of Com-
merce.
SEC. 3. PROHIBITION.
No high seas fishing vessel shall engage in harvesting
operations on the high seas without specific authorization
from the Secretary issued under this Act.
SEC. 4. INFORMATION.
If the Secretary has reasonable grounds to believe
that a foreign vessel has engaged in activities undermining
the effectiveness of international conservation and man-
agement measures, the Secretary shall—
(1) provide the flag nation information, includ-
ing appropriate evidentiary material, relating to
those activities; and
(2) when the foreign vessel is voluntarily in a
United States port, promptly notify the flag nation
and, if requested by the flag nation, make arrange-
ments to undertake any lawful investigatory meas-
ures as may be necessary to establish whether the
vessel has been used contrary to the provisions of
the Agreement.
SEC. 5. UNLAWFUL ACTIVITIES.
It is unlawful for any person subject to the jurisdic-
tion of the United States—
(1) to use a high seas fishing vessel on the high
seas unless the vessel is authorized by the Secretary
under section 3; or
(2) to use a high seas fishing vessel on the high
seas in contravention of international conservation
and management measures.
SEC. 6. REGULATIONS.
The Secretary shall issue any necessary regulations
to implement the requirements of this Act or otherwise
carry out the obligations of the United States under the
Agreement.
SEC. 7. FOREIGN FISHING FOR ATLANTIC HERRING AND
ATLANTIC MACKEREL.
Section 201(f) of the Magnuson Fishery Conservation
and Management Act (16 U.S.C. 1801(f)) is amended to
read as follows:
‘‘(f) FOREIGN FISHING
FOR ATLANTIC HERRING
AND ATLANTIC MACKEREL.—
‘‘(1) Congress finds that sufficient United
States harvesting capacity exists and will continue to
exist at least through 1999 in the Atlantic herring
and Atlantic mackerel fisheries so that no surplus
exists in those fisheries under the United Nations
Convention on the Law of the Sea.
‘‘(2) No allocation of Atlantic herring or Atlan-
tic mackerel may be made under subsection (e) be-
fore March 17, 1999.’’.
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