I
103D CONGRESS
1ST SESSION
H. R. 2274
To amend the Internal Revenue Code of 1986 to impose an excise tax
on the offshore processing of certain fish.
IN THE HOUSE OF REPRESENTATIVES
MAY 26, 1993
Mr. KOPETSKI introduced the following bill; which was referred to the
Committee on Ways and Means
A BILL
To amend the Internal Revenue Code of 1986 to impose
an excise tax on the offshore processing of certain fish.
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 ‘‘Factory Trawler Equi-
table Tax Act of 1993’’.
SEC. 2. TAX ON OFFSHORE PROCESSING OF CERTAIN FISH.
(a) GENERAL RULE.—Chapter 36 of the Internal
Revenue Code of 1986 (relating to certain other excise
taxes) is amended by adding at the end thereof the follow-
ing new subchapter:
‘‘Subchapter G—Tax on Offshore Processing
of Certain Fish
‘‘Sec. 4501. Imposition of tax.
‘‘Sec. 4502. Definitions.
‘‘SEC. 4501. IMPOSITION OF TAX.
‘‘(a) GENERAL RULE.—There is hereby imposed a
tax on the processing of any taxable fish on a fish process-
ing vessel.
‘‘(b) AMOUNT OF TAX.—The amount of the tax im-
posed by subsection (a) per metric ton shall be 10 percent
of the ex-vessel value (per metric ton) for unprocessed tax-
able fish.
‘‘(c) LIABILITY FOR TAX.—The tax imposed by sub-
section (a) shall be paid by the owner or operator of the
vessel.
‘‘(d) WEIGHING DEVICES.—The operator of any fish
processing vessel shall have such fish weighing devices on
such vessel as the Secretary determines to be necessary
to determine the amount of the tax imposed by this sec-
tion.
‘‘SEC. 4502. DEFINITIONS.
‘‘(a) TAXABLE FISH.—For purposes of this sub-
chapter, the term ‘taxable fish’ means any fish which is
Pacific whiting and which is caught in a fishery regulated
under the Magnuson Fishery Conservation and Manage-
ment Act.
‘‘(b) FISH PROCESSING VESSEL.—For purposes of
this chapter, the term ‘fish processing vessel’ has the
meaning given such term by section 2101(11b) of title 46,
United States Code.’’
(b) CLERICAL AMENDMENTS.—The table of sub-
chapters for chapter 36 of such Code is amended by add-
ing at the end thereof the following new item:
‘‘Subchapter G. Tax on offshore processing of certain fish.’’
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of the enactment
of this Act.
SEC. 3. FISHERIES RESEARCH TRUST FUND.
(a) IN GENERAL.—Subchapter A of chapter 98 of the
Internal Revenue Code of 1986 (relating to trust fund
code) is amended by adding at the end thereof the follow-
ing new section:
‘‘SEC. 9512. PACIFIC WHITING FISHERIES RESEARCH TRUST
FUND.
‘‘(a) CREATION OF TRUST FUND.—There is estab-
lished in the Treasury of the United States a trust fund
to be known as the ‘Pacific Whiting Fisheries Research
Trust Fund’, consisting of such amounts as may be appro-
priated or credited to such Trust Fund as provided in this
section or section 9602(b).
‘‘(b) TRANSFERS TO TRUST FUND.—There are here-
by appropriated to the Pacific Whiting Fisheries Research
Trust Fund amounts equivalent to the taxes received in
the Treasury under section 4501.
‘‘(c) EXPENDITURES FROM TRUST FUND.—
‘‘(1) IN
GENERAL.—Amounts in the Pacific
Whiting Fisheries Research Trust Fund shall be
available, as provided in appropriation Acts, only for
purposes of making expenditures with respect to the
Pacific whiting fishery for the following: habitat res-
toration, restoration and rebuilding of fisheries and
fishing stock, and by-catch gear selectivity and re-
duction research.
‘‘(2) 
ALLOCATION
OF
AMOUNTS.—Of 
the
amounts in the Pacific Whiting Fisheries Trust
Fund which are made available for expenditure dur-
ing any fiscal year—
‘‘(A) 40 percent shall be allocated for use
by the Secretary of Commerce, and
‘‘(B) 60 percent shall be allocated for use
by the States of Oregon, Washington, and Cali-
fornia and such amount shall be allocated
among such States on the basis of their respec-
tive percentages of the harvest of Pacific whit-
ing which takes place seaward of the coasts of
such States.’’