[House Report 104-42]
[From the U.S. Government Publishing Office]
104th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 104-42
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SEA OF OKHOTSK FISHERIES ENFORCEMENT ACT OF 1995
_______________________________________________________________________
February 21, 1995.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
[To accompany H.R. 715]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 715) to amend the Central Bering Sea Fisheries
Enforcement Act of 1992 to prohibit fishing in the Central Sea
of Okhotsk by vessels and nationals of the United States,
having considered the same, report favorably thereon without
amendment and recommend that the bill do pass.
Purpose of the Bill
The purpose of H.R. 715 is to ensure greater conservation
and management of straddling fishery stocks in the Central Sea
of Okhotsk by prohibiting U.S. citizens from fishing in this
area.
Background and Need for Legislation
Straddling fishery stocks are those fish stocks which
travel between the 200-mile Exclusive Economic Zones (EEZs) of
two or more countries or between the EEZs and international
waters. The nature of these stocks results in their management
under a wide variety of regulatory schemes depending on their
particular geographic location. Unfortunately, conservation
measures imposed by one jurisdiction may be unsuccessful when
other countries do not enact similar restrictions. As a result,
nations that allow short-term economic benefits to determine
management practices can cause the decline of plentiful and
profitable fisheries to the detriment of all nations with an
interest in the fishery.
Due to the transient nature of these stocks and their
commercial importance to many different countries, straddling
stocks have become an important international concern. The
United Nations instituted a series of conferences beginning in
July 1993, and that are still ongoing, to discuss the
conservation and management of these fisheries.
One area which needs improved conservation of its
straddling stock resources is the Central Sea of Okhotsk, a
small enclave of international waters known as the Peanut Hole
and surrounded by the EEZ of the Russian Federation. Although
other countries do not have the right to fish in the Russian
EEZ, fishermen may traverse it and fish in the international
waters in the Central Sea of Okhotsk. Therefore, the strict
conservation measures imposed by the Russian Federation within
its own EEZ may not be successful due to overfishing in the
Peanut Hole by fishermen from other countries.
At issue in the Central Sea of Okhotsk is a pollock stock
which spawns only in the EEZ of the Russian Federation but
traverses these international waters. Fishermen from China,
Japan, Korea, and Poland have continued to overharvest the
pollock resource leading to the extreme decline of the stock.
In 1992, the Congress enacted the Central Bering Sea
Fisheries Enforcement Act of 1992 to protect the living marine
resources of the Central Bering Sea (also known as the Donut
Hole) which, like those of the Central Sea of Okhotsk, have
rapidly declined due to overharvesting. Under the statute, U.S.
fishermen who violate international fishery agreements for the
Central Bering Sea are subject to penalties available in the
Magnuson Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.). Foreign fishermen who fish within this area will
lose U.S. port privileges. Unfortunately, the Central Bering
Sea Fisheries Enforcement Act had unintended consequences; some
fishermen who could not continue their harvests in the Central
Bering Sea have moved their operations to the Central Sea of
Okhotsk, necessitating additional legislation to protect the
stocks in this area as well.
Committee Action
H.R. 715 was introduced by Congressman Don Young on January
26, 1995, and referred to the Committee on Resources. Within
the Committee, the bill was referred to the Subcommittee on
Fisheries, Wildlife and Oceans. This bill, the Sea of Okhotsk
Fisheries Enforcement Act, is cosponsored by the Subcommittee
Chairman Jim Saxton and the Ranking Minority Member of the
Subcommittee, Gerry Studds.
On January 25, 1995, the Subcommittee on Fisheries,
Wildlife and Oceans held an oversight hearing on H.R. 715.
Ambassador David A. Colson, Deputy Assistant Secretary of State
for Oceans, testified for the Administration. Ambassador Colson
stated that ``enactment of the bill would further our bilateral
efforts, particularly with Russia, to protect the marine
environment and to ensure sustainable fisheries in the Central
Bering Sea and the Sea of Okhotsk. The Administration strongly
recommends and supports enactment of the bill.''
At the same hearing, Mr. Rolland A. Schmitten, Assistant
Administrator for Fisheries, National Marine Fisheries Service
(NMFS), indicated in his testimony that ``NMFS fully supports
amendments to the Central Bering Sea Fisheries Enforcement Act
of 1992 that would prohibit vessels and nationals of the U.S.
from conducting fishing operations in the Central Sea of
Okhotsk, except where such fishing operations are conducted in
accordance with international fishery agreements to which both
the U.S. and the Russian Federation are parties. This position
is consistent with past U.S. statements of support for the
conservation and management of pollock stocks in the area.''
On February 1, 1995, the Subcommittee on Fisheries,
Wildlife and Oceans met to consider H.R. 715. The bill was
approved, without amendment and in the presence of a quorum, by
voice vote and ordered reported to the Full Committee.
On February 8, 1995, the Full Committee met to consider
H.R. 715. There were no amendments offered to the bill. The
bill was approved by voice vote with a quorum of Members
present and ordered reported to the House of Representatives.
Section-by-Section Analysis
Section 1 provides that the Act may be cited as the ``Sea
of Okhotsk Fisheries Enforcement Act of 1995''.
Paragraph (1) of Section 2 inserts the words ``and the
Central Sea of Okhotsk'' after the ``Central Bering Sea'' in
the Central Bering Sea Fisheries Enforcement Act of 1992. This
addition prohibits U.S. fishermen from fishing in the Central
Sea of Okhotsk and extends the penalties available in the
Magnuson Fishery Conservation Management Act to U.S. fishermen
who violate the provisions of this bill.
Paragraph (2) of Section 2 reorders the definitions listed
in the Central Bering Sea Fisheries Enforcement Act to insert a
definition of the Central Sea of Okhotsk.
Committee Oversight Findings and Recommendations
Pursuant to clause 2(l)(3) of rule XI of the Rules of the
House of Representatives and clause 2(b)(1) of rule X of the
Rules of the House of Representatives, the Committee's
oversight findings and recommendations are reflected in the
body of this report.
Inflationary Impact Statement
Pursuant to clause 2(l)(4) of rule XI of the Rules of the
House of Representatives, the Committee estimates that the
enactment of H.R. 715 will have no significant inflationary
impact on prices and costs in the operation of the national
economy.
Cost of the Legislation
Clause 7 of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs which would be incurred in carrying out
H.R. 715. However, clause 7(d) of that Rule provides that this
requirement does not apply when the Committee has included in
its report a timely submitted cost estimate of the bill
prepared by the Director of the Congressional Budget Office
under section 403 of the Congressional Budget Act of 1974.
Compliance With House Rule XI
1. With respect to the requirements of clause 2(l)(3)(A) of
rule XI of the Rules of the House of Representatives, the
Subcommittee on Fisheries, Wildlife and Oceans held hearings on
January 25, 1995, on the Sea of Okhotsk Fisheries Enforcement
Act and the oversight findings and recommendations of the
Committee are reflected in this report.
2. With respect to the requirement of clause 2(l)(3)(D) of
rule XI of the Rules of the House of Representatives, the
Committee has received no report of oversight findings and
recommendations from the Committee on Government Reform and
Oversight on the subject of H.R. 715.
3. With respect to the requirement of clause 2(l)(3)(C) of
rule XI of the Rules of the House of Representatives and
section 403 of the Congressional Budget Act of 1974, the
Committee has received the following cost estimate for H.R. 715
from the Director of the Congressional Budget Office.
congressional budget office cost estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, February 15, 1995.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
reviewed H.R. 715, the Sea of Okhotsk Fisheries Enforcement Act
of 1995, as ordered reported by the House Committee on
Resources on February 8, 1995. Because enactment of H.R. 715
could affect direct spending and receipts, pay-as-you-go
procedures would apply; however, CBO estimates that any change
in direct spending and receipts would be negligible.
The bill would prohibit fishing in the Central Sea of
Okhotsk by United States vessels and nationals (United States
citizens fishing under the flag of another country) of the and
would make penalties created by the Magnuson Fishery
Conservation and Management Act applicable to U.S. fishers who
violate the provisions of H.R. 715. The Magnuson Act imposes
both civil and criminal penalties on violators; however, it is
unlikely that many fines would be collected under H.R. 715. Any
civil and criminal fines levied under H.R. 715 would increase
receipts to the federal government. Criminal fines would be
deposited in the Crime Victims Fund and would be spent in the
following year. CBO does not expect this additional revenue or
direct spending to be significant.
H.R. 715 would result in no cost to state or local
governments.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Rachel
Robertson.
Sincerely,
Robert D. Reischauer, Director.
Departmental Reports
The Committee has received no departmental reports on H.R.
715.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3 of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
CENTRAL BERING SEA FISHERIES ENFORCEMENT ACT OF 1992
* * * * * * *
SEC. 302. PROHIBITION APPLICABLE TO UNITED STATES VESSELS AND
NATIONALS.
(a) Prohibition.--Vessels and nationals of the United
States are prohibited from conducting fishing operations in the
Central Bering Sea and the Central Sea of Okhotsk, except where
such fishing operations are conducted in accordance with an
international fishery agreement to which the United States and
the Russian Federation are parties.
(b) Civil Penalties and Permit Sanctions.--A violation of
this section shall be subject to civil penalties and permit
sanctions under section 308 of the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1858).
* * * * * * *
SEC. 306. DEFINITIONS.
In this title, the following definitions apply:
(1) Central bering sea.--The term ``Central Bering
Sea'' means the central Bering Sea area which is more
than two hundred nautical miles seaward of the
baselines from which the breadth of the territorial
seas of the United States and the Russian Federation
are measured.
(2) Central sea of okhotsk.--The term ``Central Sea
of Okhotsk'' means the central Sea of Okhotsk area
which is more than two hundred nautical miles seaward
of the baseline from which the breadth of the
territorial sea of the Russian Federation is measured.
[(2)] (3) Fishing vessel.--The term ``fishing
vessel'' means any vessel which is used for--
(A) catching, taking, or harvesting fish; or
(B) aiding or assisting one or more vessels
at sea in the performance of fishing
operations, including preparation, supply,
storage, refrigeration, transportation, or
processing.
[(3)] (4) Owns or controls.--When used in reference
to a vessel or processing facility--
(A) the term ``owns'' means holding legal
title to the vessel or processing facility; and
(B) the term ``controls'' includes an
absolute right to direct the business of the
person owning the vessel or processing
facility, to limit the actions of or replace
the chief executive officer (by whatever
title), a majority of the board of directors,
or any general partner (as applicable) of such
person, to direct the transfer or operations of
the vessel or processing facility, or otherwise
to exercise authority over the business of such
person, but the term does not include the right
simply to participate in those activities of
such person or the right to receive a financial
return, such as interest or the equivalent of
interest, on a loan or other financing
obligation.
[(4)] (5) Permitted fishing vessel.--The term
``permitted fishing vessel'' means any fishing vessel
that is subject to a permit issued by the Secretary of
Commerce under the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.).
[(5)] (6) Person.--The term ``person'' means any
individual (whether or not a citizen of the United
States), any corporation, partnership, association,
cooperative, or other entity (whether or not organized
under the laws of any State), and any State, local, or
foreign government, or any entity of such government or
the Federal Government.
[(6)] (7) Processing facility.--The term ``processing
facility'' means any fish processing establishment or
fish processing vessel that receives unprocessed fish.
* * * * * * *