[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4335 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4335

  To authorize certain United States-flag fishing and fish processing 
vessels to be chartered or sold to foreign citizens and transferred to 
 foreign registry without approval by the Secretary of Transportation, 
   and to establish limitations on the authority of those vessels to 
 thereafter operate in the fisheries and coastwise trade of the United 
                                States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 3, 1994

    Mr. Young of Alaska (for himself, Mrs. Unsoeld, and Mr. Dicks) 
 introduced the following bill; which was referred to the Committee on 
                     Merchant Marine and Fisheries

_______________________________________________________________________

                                 A BILL


 
  To authorize certain United States-flag fishing and fish processing 
vessels to be chartered or sold to foreign citizens and transferred to 
 foreign registry without approval by the Secretary of Transportation, 
   and to establish limitations on the authority of those vessels to 
 thereafter operate in the fisheries and coastwise trade of the United 
                                States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. APPROVAL NOT REQUIRED TO SELL OR CHARTER CERTAIN FISHING AND 
              FISH PROCESSING VESSELS TO FOREIGN CITIZENS AND TRANSFER 
              THE VESSELS TO FOREIGN REGISTRY.

    (a) Approval Not Required.--
            (1) In general.--Section 9 (c) and (d) of the Shipping Act, 
        1916 (46 App. U.S.C. 808(c), (d)) do not apply to the vessels 
        listed in subsection (b).
            (2) Termination of application.--Paragraph (1) does not 
        apply to a vessel after any date on which the vessel has been--
                    (A) sold, mortgaged, leased, chartered, delivered, 
                or in any manner transferred, after the date of the 
                enactment of this Act, to a person that is not a 
                citizen of the United States; and
                    (B) thereafter documented under the laws of the 
                United States.
    (b) Vessels Described.--The vessels referred to in subsection (a) 
are the following:
            (1) M/V ALL ALASKAN (United States official number 248773).
            (2) F/V JUNO (United States official number 260614).
            (3) F/V ALASKA TRADER (United States official number 
        567664).
            (4) F/V OCEAN TEMPEST (United States official number 
        509743).
            (5) F/V SHELIKOF (United States official number 597967).
            (6) F/V SEA PRODUCER (United States official number 
        284437).
            (7) F/V MAGNUM (United States official number 529675).
            (8) F/V OCEANIC (United States official number 500320).
            (9) F/V ANITA J (United States official number 560532).
            (10) F/V SOURDOUGH (United States official number 597229).
            (11) F/V RONDYS (United States official number 291085).
    (c) Reentry Into United States Fisheries and Coastwise Trade.--
            (1) Reacquisition of right to engage in coastwise trade.--
        Notwithstanding the first proviso of section 27 of the Merchant 
        Marine Act, 1920 (46 App. U.S.C. 883), a vessel described in 
        subsection (b) shall not be prohibited from acquiring the right 
        to engage in the coastwise trade by reason of being placed 
        under foreign registry.
            (2) Limitations on subsequent operation in fisheries and 
        coastwise trade.--In addition to other limitations and 
        requirements applicable to operation in the fisheries or 
        coastwise trade, that operation by a vessel described in 
        subsection (b) which has been sold to a person that is not a 
        citizen of the United States or placed under foreign registry 
        is subject to the following limitations:
                    (A) Subject to subparagraph (B), the vessel may 
                only engage in fisheries or coastwise trade in which it 
                was eligible to engage before the vessel was placed 
                under foreign registry.
                    (B) The vessel may not engage in any operation 
                other than--
                            (i) fishing,
                            (ii) fish processing, and
                            (iii) the transportation of fish, fish 
                        products, or materials directly related to 
                        fishing or the preparation of fish, to or from 
                        a fishing vessel, fish processing vessel, fish 
                        tender vessel, or fish processing facility.
                    (C) All drydocking, conversion, repair (except 
                routine maintenance or emergency repair), or rebuilding 
                of the vessel after the date on which the vessel is 
                placed under foreign registry shall be performed in 
                shipyards located in the United States.
            (3) Expiration of authority to reenter.--Paragraph (1) does 
        not apply to a vessel after the date that is 10 years after the 
        date of the enactment of this Act.
    (e) Relationship to Other Law.--Nothing in this section shall be 
considered to amend, supercede, or otherwise affect--
            (1) the Magnuson Fishery Conservation and Management Act 
        (16 U.S.C. 1801 et seq.);
            (2) fishery management plans (including amendments thereto) 
        in effect under that Act; or
            (3) regulations promulgated pursuant to that Act.

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