[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3817 Received in Senate (RDS)]
103d CONGRESS
2d Session
H. R. 3817
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 14 (legislative day, July 11), 1994
Received
_______________________________________________________________________
AN ACT
To amend the Fishermen's Protective Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. AMENDMENT TO THE FISHERMEN'S PROTECTIVE 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 inconsistent with international law must be paid
for a vessel of the United States to transit the waters of a foreign
nation on a voyage between points in the United States (including 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 inconsistent 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, 1996''.
SEC. 2. CLEARANCE AND ENTRY OF COMMERCIAL FISHING VESSELS.
(a) Not later than 15 days after the date of enactment 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 subsection (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 physically 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. OLYMPIC COAST NATIONAL MARINE SANCTUARY.
Notwithstanding section 304(b) of the National Marine Sanctuaries
Act (16 U.S.C. 1434(b)), the designation of the Olympic Coast National
Marine Sanctuary and the implementing regulation for that designation,
as described in the notice of designation submitted to the Congress on
May 11, 1994, shall take effect on July 16, 1994.
SEC. 4. 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 July 12, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk.