[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4500 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4500

   To limit fishing in the United States Atlantic swordfish pelagic 
                           longline fishery.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 6, 1998

  Mr. Saxton introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
   To limit fishing in the United States Atlantic swordfish pelagic 
                           longline fishery.

    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 ``Atlantic Swordfish Management 
Improvement Act of 1998''.

SEC. 2. LIMITED ACCESS SYSTEM FOR UNITED STATES ATLANTIC SWORDFISH 
              PELAGIC LONGLINE FISHERY.

    (a) In General.--Notwithstanding the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.) or any other 
provision of law (other than subsection (b))--
            (1) the Secretary of Commerce may not issue any new fishing 
        permit that authorizes a vessel to fish in the United States 
        Atlantic swordfish pelagic longline fishery unless the vessel 
        had a valid fishing permit to fish in that fishery on August 1, 
        1998;
            (2) a fishing permit that authorizes a vessel to fish in 
        the United States Atlantic swordfish pelagic longline fishery 
        may not be renewed or transferred after August 1, 1998, if no 
        swordfish was reported before August 1, 1998, to the National 
        Marine Fisheries Service as landed pursuant to such permit 
        after January 1, 1987; and
            (3) the Secretary of Commerce shall ensure that after the 
        date of the enactment of this Act, the total fishing capacity 
        of all vessels that have valid fishing permits authorizing 
        fishing in the United States Atlantic swordfish pelagic 
        longline fishery, and the landings of swordfish pursuant to 
        such permits that are reported to the National Marine Fisheries 
        Service, do not increase above levels of such capacity and 
        landings, respectively, in the period beginning January 1, 
        1987, and ending August 1, 1998.
    (b) Permit for Replacement of Lost Fishing Vessels.--
Notwithstanding subsection (a)(1), the owner of an existing fishing 
vessel that had a valid permit authorizing the vessel to fish in the 
United States Atlantic swordfish pelagic longline fishery on August 1, 
1998, and that is an actual total loss or constructive total loss after 
that date, may obtain a new permit for a replacement vessel if--
            (1) the loss was not caused by the willful misconduct of 
        the owner or an agent of the owner, including an act of God, an 
        act of war, a collision, or an act or omission of a party other 
        than the owner or agent; and
            (2) the replacement vessel otherwise qualifies under the 
        laws of the United States for such a permit.
                                 <all>