IIA
104TH CONGRESS
1ST SESSION
H. R. 716
IN THE SENATE OF THE UNITED STATES
APRIL 5, 1995
Received; read twice and referred to the Committee on Commerce, Science,
and Transportation
AN ACT
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
‘‘prompt release of the vessel and crew,’’ the following: ‘‘or
when a fee regarded by the United States as being incon-
sistent with international law must be paid for a vessel
of the United States to transit the waters of a foreign na-
tion on a voyage between points in the United States (in-
cluding 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
‘‘seizure;’’ in the title, the following: ‘‘or imposition of a
fee regarded by the United States as inconsistent with
international 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
imposition of a fee regarded by the United States as incon-
sistent 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 whether needed to carry out the purposes of
subsection (a).’’; and
(2) in subsection (e) by striking ‘‘October 1,
1993’’ and inserting ‘‘October 1, 1998’’.
SEC. 2. CLEARANCE AND ENTRY OF COMMERCIAL FISHING
VESSELS.
(a) Not later than 15 days after the date of enact-
ment of this Act and at least once each year thereafter,
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 sub-
section (a) the clearance required by section 4197 of the
Revised Statutes of the United States (46 U.S.C. App.
91) for entry into the navigable waters of the United
States west of 122 degrees west longitude.
(c) Subsection (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;
(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 phys-
ically 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 registered.
(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
Magnuson Fishery Conservation and Management Act (16
U.S.C. 1857(1)(A)).
SEC. 3. TECHNICAL CORRECTION.
(a) Section 15(a) of Public Law 103–238 is amended
by striking ‘‘April 1, 1994,’’ and inserting ‘‘May 1,
1994.’’.
(b) The amendment made by subsection (a) shall be
effective on and after April 30, 1994.
Passed the House of Representatives April 3, 1995.
Attest:
ROBIN H. CARLE,
Clerk.