A bill to regulate the operation of foreign fish processing vessels within State waters.
PL 97-191 (S.2535), enacted 06/01/1982

PUBLIC LAW 97-191—JUNE 1, 1982 
96 STAT. 10'7 
Public Law 97-191 
97th Congress 
An Act 
To regulate the operation of foreign fish processing vessels within State waters. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled. That section 306 of 
the Magnuson Fishery Conservation and Management Act (16 
U.S.C. 1856) is amended by adding at the end thereof the following 
new subsection: 
"(c) EXCEPTION REGARDING FOREIGN FISH PROCESSING IN INTERNAL 
WATERS.—(1) A foreign fishing vessel may engage in fish processing 
within the internal waters of a State if, and only if— 
"(A) the vessel is qualified for purposes of this paragraph 
pursuant to paragraph (4)(C); and 
"(B) the owner or operator of the vessel applies to the Gover-
nor of the State for, and (subject to paragraph (2)) is granted, 
permission for the vessel to engage in such processing. 
"(2) The Governor of a State may not grant permission for a 
foreign fishing vessel to engage in fish processing under paragraph 
(1)(B) if he determines that fish processors within the State have 
adequate capacity, and will utilize such capacity, to process all of the 
United States harvested fish from the fishery concerned that are 
landed in the State. 
"(3) Nothing in this subsection may be construed as relieving a 
foreign fishing vessel from the duty to comply with all applicable 
Federal and State laws while operating within the internal waters 
of a State incident to permission obtained under paragraph (1)(B). 
"(4) For purposes of this subsection— 
"(A) The term 'fish processing' includes, in addition to proc-
essing, the performance of any other activity relating to fishing, 
including, but not limited to, preparation, supply, storage, 
refrigeration, or transportation. 
"(B) The phrase 'internal waters of a State' means all waters 
within the boundaries of a State except those seaward of the 
baseline from which the territorial sea is measured. 
"(C) A foreign fishing vessel shall be treated as qualified for 
purposes of paragraph (1) if the foreign nation under which it is 
flagged will be a party to (i) a governing international fishery 
agreement or (ii) a treaty described in section 201(b) of this Act 
(16 U.S.C. 1821(b)) during the time the vessel will engage in the 
fish processing for which permission is sought under paragraph 
(1)(B).". 
SEC. 2. Section 307(2) of such Act of 1976 (16 U.S.C. 1857(2)) is 
amended— 
(1) by striking out "in fishing—" and inserting in lieu thereof 
a hyphen; 
(2) by amending subparagraph (A) by inserting "in fishing" 
immediately after "(A)", and by striking out "or"; 
June 1, 1982 
[S. 2535] 
Foreign fish 
processing 
vessels within 
State waters, 
regulation. 
Definitions. 
96 STAT. 108 
PUBLIC LAW 97-191—JUNE 1, 1982 
(3) by amending subparagraph (B) by inserting "in fishing" 
immediately after "(B)", and by striking out "apd" after the 
semicolon and inserting in lieu thereof "or"; and 
(4) by adding at the end thereof the following new 
subparagraph: 
"(C) except as permitted under section 306(c), in fish process-
ing (as defined in paragraph (4XA) of such section) within the 
internal waters of a State (as defined in paragraph (4)(B) of such 
section); and". 
Effective 
SEC. 3. This Act shall take effect on June 1,1982. 
date. 
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6 use 1
8
5
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Approved June 1, 1982. 
LEGISLATIVE HISTORY—S. 2535: 
CONGRESSIONAL RECORD, Vol. 128 (1982): 
May 17, considered and passed Senate. 
May 25, considered and passed House, amended. 
May 27, Senate concurred in House amendments.