I
103D CONGRESS
2D SESSION
H. R. 4760
To implement the Agreement to Promote Compliance with International Con-
servation and Management Measures by Fishing Vessels on the High
Seas, adopted by the Conference of the Food and Agriculture Organiza-
tion of the United Nations on November 24, 1993.
IN THE HOUSE OF REPRESENTATIVES
JULY 14, 1994
Mr. STUDDS (for himself and Mr. MANTON) (both by request) introduced the
following bill; which was referred to the Committee on Merchant Marine
and Fisheries
A BILL
To implement the Agreement to Promote 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 24, 1993.
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 Fisheries
Licensing Act of 1994’’.
SEC. 2. PURPOSE.
It is the purpose of this Act—
HR 4760 IH
(1) to implement the Agreement to Promote
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 24, 1993; and
(2) to establish a system of licensing, reporting,
and regulation for vessels of the United States fish-
ing on the high seas.
SEC. 3. 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 24, 1993;
(2) ‘‘FAO’’ means the Food and Agriculture
Organization of the United Nations;
(3) ‘‘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;
HR 4760 IH
(4) ‘‘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 the commercial ex-
ploitation 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;
(5) ‘‘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 as re-
flected in the 1982 United Nations Convention on
the Law of the Sea—such measures may be adopted
either by global, regional, or subregional fisheries or-
ganizations, subject to the rights and obligations of
their members, or by treaties or other international
agreements;
(6) ‘‘length’’ means—
(A) for any fishing vessel built after July
18, 1982, 96 percent of the total length on a
waterline at 85 percent of the least molded
depth measured from the top of the keel, or the
length from the foreside of the stem to the axis
HR 4760 IH
of the rudder stock on that waterline, if that be
greater. In ships designed with a rake of keel
the waterline on which this length is measured
shall be parallel to the designed waterline; and
(B) for any fishing vessel built before July
18, 1982, registered length as entered on the
vessel’s documentation;
(7) ‘‘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 any such gov-
ernment;
(8) ‘‘Secretary’’ means the Secretary of Com-
merce or a designee;
(9) ‘‘vessel of the United States’’ means—
(A) a vessel documented under chapter
121 of title 46 or numbered in accordance with
chapter 123 of title 46;
(B) a vessel owned in whole or part by—
(i) the United States or a territory,
commonwealth, or possession of the United
States;
HR 4760 IH
(ii) a State or political subdivision
thereof;
(iii) a citizen or national of the United
States; or
(iv) a corporation created under the
laws of the United States or any State, the
District of Columbia, or any territory,
commonwealth, or possession of the United
States; unless the vessel has been granted
the nationality of a foreign nation in ac-
cordance with article 92 of the 1982 Unit-
ed Nations Convention on the Law of the
Sea and a claim of nationality or registry
for the vessel is made by the master or in-
dividual in charge at the time of the en-
forcement action by an officer or employee
of the United States authorized to enforce
applicable provisions of the United States
law; and
(v) a vessel that was once documented
under the laws of the United States and,
in violation of the laws of the United
States, was either sold to a person not a
citizen of the United States or placed
under foreign registry or a foreign flag,
HR 4760 IH
whether or not the vessel has been granted
the nationality of a foreign nation; and
(10) ‘‘vessel subject to the jurisdiction of the
United States’’ and ‘‘vessel without nationality’’
have the same meaning as in 46 U.S.C. App.
1903(c).
SEC. 4. LICENSING.
(a) GENERAL.—No high seas fishing vessel shall en-
gage in harvesting operations on the high seas, unless the
vessel has on board a valid license issued under this sec-
tion.
(b) ELIGIBILITY.—(1) Any vessel of the United
States is eligible to receive a license under this section,
unless the vessel was previously authorized to be used for
fishing on the high seas by a foreign nation, and
(A) the foreign nation suspended such author-
ization because the vessel undermined the effective-
ness of international conservation and management
measures, which suspension has not expired; or
(B) the foreign nation, within the last three
years preceding application for a license under this
section, withdrew such authorization because the
vessel undermined the effectiveness of international
conservation and management measures.
HR 4760 IH
(2) The restriction in paragraph (1) does not apply
where ownership of the vessel has changed since the vessel
undermined the effectiveness of international conservation
and management measures, and the new owner has pro-
vided sufficient evidence to the Secretary demonstrating
that the previous owner or operator has no further legal,
beneficial, or financial interest in, or control of, the vessel.
(3) The restriction in paragraph (1) does not apply
where the Secretary makes a determination that issuing
a license would not subvert the purposes of the Agreement.
(4) The Secretary will not issue a license to a vessel
unless he or she is satisfied that the United States will
be able to exercise effectively its responsibilities under the
Agreement with respect to that vessel.
(c) APPLICATION.—(1) The owner or operator of a
high seas fishing vessel may apply for a license under this
section by completing an application form prescribed by
the Secretary.
(2) The application form shall contain—
(A) the vessel’s name, previous names (if
known), official numbers, and port of record;
(B) previous flag (if any);
(C) international radio call sign (if any);
(D) names and addresses of owners and opera-
tors;
HR 4760 IH
to any fee required under any regional licensing regime
applicable to high seas fishing vessels.
(2) The fees authorized in subsection (e)(1) shall be
collected, credited to the Operations, Research and Facili-
ties appropriation, and available until expended for the
purpose of implementing this Act, only to the extent and
in the amounts provided in advance in appropriations
Acts.
(f) DURATION.—A license issued under this section
is valid for the period specified in regulations issued under
section 5(d). A license issued under this section is void
in the event the vessel is no longer eligible for United
States documentation, such documentation is revoked or
denied, or the vessel is deleted from such documentation.
SEC. 5. RESPONSIBILITIES OF THE SECRETARY
(a) RECORD.—The Secretary shall maintain an auto-
mated file or record of high seas fishing vessels issued li-
censes under section 4, including all information submit-
ted under section 4(c)(2).
(b) INFORMATION TO FAO.—The Secretary, in co-
operation with the Secretaries of State and Transpor-
tation, shall—
(1) make available to FAO information con-
tained in the record maintained under paragraph
(a);
HR 4760 IH
(2) promptly notify FAO of changes in such in-
formation;
(3) promptly notify FAO of additions to or de-
letions from the record, and the reason for any dele-
tion;
(4) convey to FAO information relating to any
license granted under section 4(b)(3), including the
vessel’s identity, owner or operator, and factors rel-
evant to the Secretary’s determination to issue the
license;
(5) report promptly to FAO all relevant infor-
mation regarding any activities of high seas fishing
vessels that undermine the effectiveness of inter-
national conservation and management measures, in-
cluding the identity of the vessels and sanctions im-
posed; and
(6) provide the FAO a summary of evidence re-
garding any activities of foreign vessels that under-
mine the effectiveness of international conservation
and management measures.
(c) INFORMATION TO FLAG STATES.—The Secretary,
in cooperation with the Secretary of State and the Sec-
retary of Transportation, shall, where he or she has rea-
sonable grounds to believe that a foreign fishing vessel has
HR 4760 IH
engaged in activities undermining the effectiveness of
international conservation and management measures—
(1) provide to the flag State information, in-
cluding appropriate evidentiary material, relating to
those activities; and
(2) when such foreign fishing vessel is volun-
tarily in a United States port, the Secretary shall
promptly notify the flag State. If requested by the
flag State, the Secretary shall make arrangements to
undertake such lawful investigatory measures as
may be considered necessary to establish whether
the fishing vessel has been used contrary to the pro-
visions of the Agreement.
(d) REGULATIONS.—The Secretary, after consulta-
tion with the Secretary of State and the Secretary of
Transportation, may promulgate such regulations, in ac-
cordance with section 553 of title 5, United States Code,
as may be necessary to carry out the purposes of the
Agreement and this Act. The Secretary shall coordinate
such regulations with any other entities regulating high
seas fishing vessels, to minimize duplication of license ap-
plication and reporting requirements. To the extent prac-
ticable, such regulations shall also be consistent with regu-
lations implementing fishery management plans under the
HR 4760 IH
Magnuson Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.).
(e) NOTICE OF INTERNATIONAL CONSERVATION AND
MANAGEMENT MEASURES.—The Secretary, in consulta-
tion with the Secretary of State, shall publish in the Fed-
eral Register, from time to time, a notice listing inter-
national conservation and management measures recog-
nized by the United States.
SEC. 6. UNLAWFUL ACTIVITIES.
It is unlawful for any person subject to the jurisdic-
tion of the United States—
(a) to use a high seas fishing vessel on the high
seas in contravention of international conservation
and management measures recognized by the United
States;
(b) to use a high seas fishing vessel on the high
seas, unless the vessel has on board a valid license
issued under section 4;
(c) to use a high seas fishing vessel in violation
of the conditions or restrictions of a license issued
under section 4;
(d) to falsify any information required to be re-
ported, communicated, or recorded pursuant to this
Act or any regulation issued under this Act, or to
fail to submit in a timely fashion any required infor-
HR 4760 IH
mation, or to fail to report to the Secretary imme-
diately any change in circumstances that has the ef-
fect of rendering any such information false, incom-
plete, or misleading;
(e) to refuse to permit an authorized officer to
board a fishing vessel subject to such person’s con-
trol for purposes of conducting any search or inspec-
tion in connection with the enforcement of this Act
or any regulation issued under this Act;
(f) to forcibly assault, resist, oppose, impede,
intimidate, or interfere with an authorized officer in
the conduct of any search or inspection described in
paragraph (e);
(g) to resist a lawful arrest or detention for any
act prohibited by this section;
(h) to interfere with, delay, or prevent, by any
means, the apprehension, arrest, or detection of an-
other person, knowing that such person has commit-
ted any act prohibited by this section;
(i) to ship, transport, offer for sale, sell, pur-
chase, import, export, or have custody, control, or
possession of, any living marine resource taken or
retained in volation of this Act or any regulation or
license issued under this Act; or
HR 4760 IH
(j) to violate any provision of this Act or any
regulation or license issued under this Act.
SEC. 7. ENFORCEMENT PROVISIONS.
(a) DUTIES OF SECRETARIES OF COMMERCE AND
TRANSPORTATION.—This Act shall be enforced by the
Secretary of Commerce and the Secretary of Transpor-
tation. Such Secretaries may by agreement utilize, on a
reimbursable basis or otherwise, the personnel, services,
equipment (including aircraft and vessels), and facilities
of any other Federal agency, and of any State agency, in
the performance of such duties. Such Secretaries shall,
and the head of any Federal or State agency that has en-
tered into an agreement with either such Secretary under
this section may (if the agreement so provides), authorize
officers to enforce the provisions of this Act or any regula-
tion or license issued under this Act.
(b) DISTRICT COURT JURISDICTION.—The district
courts of the United States shall have exclusive jurisdic-
tion over any case or controversy arising under the provi-
sions of this Act. In the case of Guam, and any Common-
wealth, territory, or possession of the United States in the
Pacific Ocean, the appropriate court is the United States
District Court for the District of Guam, except that in
the case of American Samoa, the appropriate court is the
United States District Court for the District of Hawaii.
HR 4760 IH
alty imposed, as provided in section 2112 of title 28, Unit-
ed States Code. The findings and order of the Secretary
shall be set aside by such court if they are not found to
be supported by substantial evidence, as provided in sec-
tion 706(2) of title 5, United States Code.
(e) COLLECTION.—(1) If any person fails to pay an
assessment of a civil penalty after it has become a final
and unappealable order, or after the appropriate court has
entered final judgment in favor of the Secretary, the mat-
ter shall be referred to the Attorney General, who shall
recover the amount assessed in any appropriate district
court of the United States. In such action, the validity
and appropriateness of the final order imposing the civil
penalty shall not be subject to review.
(2) A high seas fishing vessel (including its fishing
gear, furniture, appurtenances, stores, and cargo) used in
the commission of an act prohibited by section 6 shall be
liable in rem for any civil penalty assessed for such viola-
tion under paragraph (a) and may be proceeded against
in any district court of the United States having jurisdic-
tion thereof. Such penalty shall constitute a maritime lien
on such vessel that may be recovered in an action in rem
in the district court of the United States having jurisdic-
tion over the vessel.