[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 898 Introduced in House (IH)]

  1st Session
                                H. R. 898

   To prohibit high seas fishing vessels from engaging in harvesting 
  operations on the high seas without specific authorization from the 
             Secretary of Commerce, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 10, 1995

 Mr. Young of Alaska introduced the following bill; which was referred 
                     to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
   To prohibit high seas fishing vessels from engaging in harvesting 
  operations on the high seas without specific authorization from the 
             Secretary of Commerce, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``High Seas Fishing Compliance Act of 
1995''.

SEC. 2. DEFINITIONS.

    As used in this Act, the term--
            (1) ``Agreement'' means the Agreement to Promote Compliance 
        with International Conservation and Management Measures by 
        Fishing Vessels on the High Seas, adopted by the Conference of 
        the Food and Agriculture Organization of the United Nations on 
        November 4, 1993;
            (2) ``high seas'' means the waters beyond the territorial 
        sea or exclusive economic zone (or the equivalent) of any 
        nation, to the extent that such territorial sea or exclusive 
        economic zone (or the equivalent) is recognized by the United 
        States;
            (3) ``high seas fishing vessel'' means any vessel of the 
        United States used or intended for use--
                    (A) on the high seas;
                    (B) for the purpose of commercial exploitation of 
                living marine resources; and
                    (C) as a harvesting vessel, as a mother ship, or as 
                any other support vessel directly engaged in a fishing 
                operation;
            (4) ``international conservation and management measures'' 
        means measures to conserve or manage one or more species of 
        living marine resources that are adopted and applied in 
        accordance with the relevant rules of international law and 
        that are recognized by the United States. These measures may be 
        adopted by global, regional, or sub-regional fisheries 
        organizations, subject to the rights and obligations of their 
        members, or by treaties or other international agreements;
            (5) ``person'' means any individual (whether or not a 
        citizen of or national of the United States), any corporation, 
        partnership, association, or other entity (whether or not 
        organized or existing under the laws of any State), and any 
        Federal, State, local, or foreign government or any entity of 
        those governments; and
            (6) ``Secretary'' means the Secretary of Commerce.

SEC. 3. PROHIBITION.

    No high seas fishing vessel shall engage in harvesting operations 
on the high seas without specific authorization from the Secretary 
issued under this Act.

SEC. 4. INFORMATION.

    If the Secretary has reasonable grounds to believe that a foreign 
vessel has engaged in activities undermining the effectiveness of 
international conservation and management measures, the Secretary 
shall--
            (1) provide the flag nation information, including 
        appropriate evidentiary material, relating to those activities; 
        and
            (2) when the foreign vessel is voluntarily in a United 
        States port, promptly notify the flag nation and, if requested 
        by the flag nation, make arrangements to undertake any lawful 
        investigatory measures as may be necessary to establish whether 
        the vessel has been used contrary to the provisions of the 
        Agreement.

SEC. 5. UNLAWFUL ACTIVITIES.

    It is unlawful for any person subject to the jurisdiction of the 
United States--
            (1) to use a high seas fishing vessel on the high seas 
        unless the vessel is authorized by the Secretary under section 
        3; or
            (2) to use a high seas fishing vessel on the high seas in 
        contravention of international conservation and management 
        measures.

SEC. 6. REGULATIONS.

    The Secretary shall issue any necessary regulations to implement 
the requirements of this Act or otherwise carry out the obligations of 
the United States under the Agreement.

SEC. 7. FOREIGN FISHING FOR ATLANTIC HERRING AND ATLANTIC MACKEREL.

    Section 201(f) of the Magnuson Fishery Conservation and Management 
Act (16 U.S.C. 1801(f)) is amended to read as follows:
    ``(f) Foreign Fishing for Atlantic Herring and Atlantic Mackerel.--
            ``(1) Congress finds that sufficient United States 
        harvesting capacity exists and will continue to exist at least 
        through 1999 in the Atlantic herring and Atlantic mackerel 
        fisheries so that no surplus exists in those fisheries under 
        the United Nations Convention on the Law of the Sea.
            ``(2) No allocation of Atlantic herring or Atlantic 
        mackerel may be made under subsection (e) before March 17, 
        1999.''.
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