I
105TH CONGRESS
2D SESSION
H. R. 4180
To reduce fishing capacity in United States fisheries.
IN THE HOUSE OF REPRESENTATIVES
JUNE 25, 1998
Mr. SAXTON (for himself and Mr. DELAHUNT) introduced the following bill;
which was referred to the Committee on Resources
A BILL
To reduce fishing capacity in United States fisheries.
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 ‘‘American Fisheries
Act of 1998’’.
SEC. 2. DEFINITIONS.
In this Act:
(1) The term ‘‘Subject Fishing Vessel’’ means
any vessel that—
(A) commercially engages in the catching,
taking, or harvesting of fish or any activity that
can reasonably be expected to result in the
catching, taking, or harvesting of fish, or is
used or equipped for, the processing of fish for
commercial use or consumption;
(B) was not a ‘‘vessel of the United
States’’ on September 25, 1997, as such term
is defined in section 4 of this Act;
(C) was the subject of letter rulings stating
that the vessel would satisfy both the grand-
father provisions of section 4(a)(4) and section
7 of Public Law 100–239; and
(D) was built in the United States and
was—
(i) purchased, or contracted for pur-
chase prior to July 28, 1987;
(ii) the subject of a contract for re-
building entered into before July 12, 1988;
(iii) rebuilt in a foreign shipyard and
redelivered to the owner prior to July 28,
1990; and
(iv) not owned or controlled by the
same entity during the occurrence of each
of the events described in clauses (i)
through (iii) of this subparagraph.
For purposes of subparagraph (D)(iv) an entity shall
not be deemed to be the ‘‘same entity’’ if, prior to
July 28, 1990, the ownership of a corporation or
partnership with title to or an ownership interest in
a Subject Fishing Vessel was sold to different indi-
viduals, corporations, or partnerships, or title to, or
an ownership interest in, the Subject Fishing Vessel
was sold to different individuals, corporations, or
partnerships.
(2) The term ‘‘fishing history’’ means the
record of prior fishing activity or performance of a
fishing vessel that may be considered in relationship
to any form of limited access or other fishery man-
agement plan or plan amendment enacted pursuant
to the Magnuson-Stevens Fishery Conservation and
Management Act.
(3) The term ‘‘fishing privilege’’ means any au-
thorization, consent, or other permission necessary
for a fishing vessel to participate in any fishery of
the United States.
(4) The term ‘‘Secretary’’ means the Secretary
of Commerce or his designee.
SEC. 3. PHASEOUT OF SUBJECT FISHING VESSELS.
(a) Notwithstanding the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et
seq.) or any other provision of law, except as provided in
subsection (b), all fishery licenses, permits, or other fish-
ing privileges of Subject Fishing Vessels that have the ef-
fect of allowing the operation of such vessels in the fish-
eries of the United States, and any fishing history of such
vessels, are hereby revoked.
(b) Notwithstanding subsection (a), any fishery li-
cense, permit, or other fishing privilege of a Subject Fish-
ing Vessel that has the effect of allowing the operation
of such a vessel in the Bering Sea pollock fishery and the
Pacific whiting fishery—
(1) shall remain in effect until December 31,
2001; and
(2) shall not be transferred or reissued to an-
other individual, corporation, partnership, associa-
tion, trust, joint venture, or other entity for use in
conjunction with any other fishing or fish processing
vessel including another Subject Fishing Vessel.
(c) All fishery licenses, permits, and other fishing
privileges of Subject Fishing Vessels that have the effect
of allowing such vessels to operate in any fishery of the
United States, and all fishing history of such vessels shall
be permanently revoked on December 31, 2001, and no
new licenses, permits, or other fishing privileges may be
issued that would have the effect of allowing Subject Fish-
ing Vessels to operate in any fishery of the United States
on or after December 31, 2001.
SEC. 4. FISHING VESSEL QUALIFICATIONS.
(a) For the purposes of this Act, a ‘‘vessel of the
United States’’ as defined by section 3(43)(A) of the Mag-
nuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1802(43)(A)), shall be a vessel that is docu-
mented under the laws of the United States and is owned
by a corporation, partnership, association, trust, joint ven-
ture, or other entity in which at least a 75 percent control-
ling interest in such entity, in the aggregate, is owned by
citizens of the United States.
(b) All fishing vessels, other than Subject Fishing
Vessels, shall have 18 months from the date of enactment
of this Act to comply with subsection (a). Upon the expira-
tion of such 18-month period, any fishing privileges, and
fishing history, related to the operation in a fishery of the
United States of any vessel that is not in compliance with
subsection (a) shall be immediately revoked.
SEC. 5. MORATORIUM ON LARGE FISHING VESSELS.
(a) IN GENERAL.—Notwithstanding any provision of
the Magnuson-Stevens Fishery Conservation and Manage-
ment Act (16 U.S.C. 1801 et seq.), no large fishing vessel
may engage in the harvesting of any fish in the United
States exclusive economic zone until such time after the
date of enactment of this Act as a fishery management
plan, developed by the Secretary, a regional fishery man-
agement council, or an interstate marine fishery manage-
ment commission, as appropriate, that specifically author-
izes large fishing vessels to engage in the harvesting of
fish in the exclusive economic zone of the United States,
has been approved and implemented.
(b) LARGE FISHING VESSEL DEFINED.—In this sec-
tion, the term ‘‘large fishing vessel’’ means a fishing vessel
of the United States (as that term is defined in section
3 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1802)) that is equal to or
greater than 165 feet in length overall, of more than 750
gross registered tons, or that has engines capable of pro-
ducing a total of more than 3,000 shaft horsepower.
(c) SAVINGS CLAUSE.—This section shall not apply
to any large fishing vessel which has fished in a fishery
or fisheries of the United States prior to the date of intro-
duction of this Act, and which was endorsed with a fishery
endorsement that was effective on September 25, 1997,
and has not been surrendered at any time thereafter, un-
less the Secretary approves and implements fishery man-
agement plans or amendments to such plans which specifi-
cally exclude such vessels from a fishery or fisheries.
(d) REPLACEMENT OF LOST FISHING VESSELS.—
Notwithstanding subsection (a) of this section, the owner
of an existing large fishing vessel that had a valid fishery
license, permit, or other fishing privilege on September 25,