IB
Union Calendar No. 322
103D CONGRESS
2D SESSION
H. R. 3817
[Report No. 103–585]
To amend the Fishermen’s Protective Act.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 8, 1994
Mr. MANTON (for himself, Mr. STUDDS, and Mr. YOUNG of Alaska) intro-
duced the following bill; which was referred to the Committee on Mer-
chant Marine and Fisheries
JULY 12, 1994
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on February 8, 1994]
A BILL
To amend the Fishermen’s Protective Act.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. AMENDMENT TO THE FISHERMEN’S PROTEC-
TIVE ACT OF 1967.
(a) Section 3(a) of the Fishermen’s Protective Act of
1967 (22 U.S.C. 1973(a)) is amended by inserting after
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‘‘prompt release of the vessel and crew,’’ the following: ‘‘or
when a fee regarded by the United States as being inconsist-
ent with international law must be paid for a vessel of the
United States to transit the waters of a foreign nation on
a voyage between points in the United States (including
a point in the exclusive economic zone or an area whose
jurisdiction is in dispute),’’.
(b)(1) Section 5 of the Fishermen’s Protective Act of
1967 (22 U.S.C. 1975) is amended by inserting after ‘‘sei-
zure;’’ in the title, the following: ‘‘or imposition of a fee
regarded by the United States as inconsistent with inter-
national law’’.
(2) Section 5(a)(1)(A) of the Fishermen’s Protective
Act of 1967 (22 U.S.C. 1975(a)) is amended by inserting
after ‘‘as a result of the seizure of,’’ the following: ‘‘or impo-
sition of a fee regarded by the United States as inconsistent
with international law on’’.
(c) Subsections (a) and (b) shall take effect on June
15, 1994.
(d) Section 7 of the Fishermen’s Protective Act of 1967
(22 U.S.C. 1977) is amended—
(1) in subsection (c)—
(A) by striking the third sentence, and
(B) by inserting after the first sentence the
following: ‘‘Fees may be collected regardless of
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whether needed to carry out the purposes of sub-
section (a).’’; and
(2) in subsection (e) by striking ‘‘October 1,
1993’’ and inserting ‘‘October 1, 1996’’.
SEC. 2. CLEARANCE AND ENTRY OF COMMERCIAL FISHING
VESSELS.
(a) Not later than 15 days after the date of enactment
of this Act, the Secretary of State shall publish a list of
those nations that impose fees for transit passage through
their waters on commercial fishing vessels registered under
the laws of the United States.
(b) Not later than 15 days after the publication of the
list required under subsection (a), the Secretary of the
Treasury shall withhold from commercial fishing vessels
registered under the laws of a nation listed under subsection
(a) the clearance required by section 4197 of the Revised
Statutes of the United States (46 APP USC 91) for entry
into the navigable waters of the United States west of 122
degrees west longitude.
(c) Section (b) shall not apply to a commercial fishing
vessel—
(1) that enters the navigable waters of the United
States pursuant to a bilateral convention governing
fishing for Pacific halibut or albacore tuna;
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(2) that enters the navigable waters of the United
States due to an emergency; or
(3) the master of which obtains clearance from
the Secretary of the Treasury’s designee by physically
appearing before the designee at a designated port of
entry and paying a fee equal to the fee charged to a
commercial fishing vessel of the United States by the
nation under whose laws the foreign vessel is reg-
istered.
(d) The owner or master of a vessel which enters the
navigable waters of the United States in violation of this
section shall be in violation of section 307(1)(A) of the Mag-
nuson Fishery Conservation and Management Act (16
U.S.C. 1857(1)(A)).