[Congressional Record Volume 140, Number 89 (Tuesday, July 12, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: July 12, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
               FISHERMEN'S PROTECTIVE ACT REAUTHORIZATION

  Mr. STUDDS. Mr. President, I move to suspend the rules and pass the 
bill (H.R. 3817), to amend the Fishermen's Protective Act, as amended.
  The clerk read as follows:

                               H.R. 3817

       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 APP USC 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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Massachusetts [Mr. Studds] will be recognized for 20 minutes, and the 
gentleman from Alaska [Mr. Young] will be recognized for 20 minutes.
  The Chair recognizes the gentleman from Massachusetts [Mr. Studds].
  Mr. STUDDS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the Fishermen's Protection Act provides a mechanism to 
reimburse U.S. fishermen for fines and other costs incurred when their 
vessels are seized by a foreign nation in violation of international 
law. H.R. 3817 reauthorizes this law through 1996 and amends the act in 
several important ways.
  First, it eliminates a provision that has been interpreted as 
prohibiting the State Department from assessing a fee on fishing 
vessels participating in the comprehensive insurance program 
established by the statute unless Federal funding is also available. 
Whether there is an appropriation or not, fishermen should be assessed 
a fee, like any insurance premium we pay on our home or car.
  Second, it allows U.S. fishing vessels to be reimbursed for transit 
fees considered by our Government to be inconsistent with international 
law. It also prohibits vessels from offending nations from entering 
certain U.S. waters unless those vessels pay a comparable fee. These 
amendments are intended to address a recent and, in my view, illegal 
move by Canada to charge United States vessels transiting Canadian 
waters en route to Alaska. While that fee has since been lifted, many 
fishermen were forced to pay it and deserve reimbursement. Further, it 
ensures that a mechanism is now in place to address this type of 
problem should it recur.
  In addition, H.R. 3817 contains two minor amendments to other laws. 
First, the bill makes a technical correction to the Marine Mammal 
Protection Act. Second, it expedites the designation of the Olympic 
Coast National Marine Sanctuary to coincide with a dedication ceremony 
planned by the National Oceanic and Atmospheric Administration. Both 
amendments are without controversy.
  The bill received overwhelming approval in the Committee on Merchant 
Marine and Fisheries, and I urge Members' support today.
  Mr. Speaker, I reserve the balance of my time.
  Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mr. YOUNG of Alaska asked and was given permission to revise and 
extend his remarks.)
  Mr. YOUNG of Alaska. Mr. Speaker, I rise in support of H.R. 3817 and 
urge its adoption by the House.
  The original bill, as introduced by my colleague, Chairman Manton, 
reauthorized certain sections of the Fishermen's Protective Act. These 
sections provide a self insurance program for fishing vessels that are 
seized by foreign countries. Certain amendments were made to ensure 
that the Department of State, which is responsible for the fishermen's 
guaranty fund, could collect sufficient fees from U.S. fishermen 
participating in the program to ensure that the program remains 
solvent.
  During committee markup of this bill, two additional amendments were 
added. Both of these amendments were in direct response to an illegal 
action taken by Canada against United States fishermen.
  Last month, Canada announced it would begin imposing a fee of $1,100 
on each United States commercial fishing vessel passing through 
Canadian waters on the west coast. This not only violated international 
law, but also two treaties which are in force between the United States 
and Canada. In response, the committee amended H.R. 3817 to allow 
United States fishermen to be reimbursed for this fee and 
imposed similar restrictions on Canadian vessels entering United States 
waters. However, the committee amendment was worded in such a way so 
that it did not violate the treaties between the United States and 
Canada.

  Canada has recently announced that it is suspending collection of the 
fee pending additional discussions with the United States Government. 
While I am pleased to see that Canada is taking this action, we are 
leaving the committee amendments in the bill so that they would go into 
effect again if Canada decides to collect additional fees.
  Mr. Speaker, this is an important bill not only for keeping the 
fisherman's guaranty fund solvent but also to make clear that the 
United States will protect the rights of its fishermen.
  Mr. Speaker, I reserve the balance of my time.
  Mr. STUDDS. Mr. Speaker, I yield 3 minutes to the distinguished 
chairman of the Subcommittee on Fisheries Management, the gentleman 
from New York [Mr. Manton].
  Mr. MANTON. I thank the chairman for yielding this time to me.
  Mr. Speaker, I rise in strong support of H.R. 3817, legislation to 
reauthorize and expand the Fishermen's Protective Act, an important law 
that safeguards commercial fishing vessels from unfair actions by a 
foreign government and places the U.S. Government firmly at the side of 
the fishermen. If a vessel and its cargo are wrongfully seized, this 
act directs the Secretary of State to take appropriate action to ensure 
the release of the vessel and cargo and to protect the lives and 
wellbeing of the crew.
  The act also establishes a system to compensate fishermen who have 
suffered economic loss as a result of an unjustified seizure.
  The subcommittee at the urging of my distinguished ranking member, 
Don Young, and my Democratic colleague Jolene Unsoeld, has included 
additional protections for United States commercial fishermen to 
address recent illegal actions by the Canadian Government. While the 
Canadian Government has backed down on this illegal fee and is 
negotiating with us on the Pacific Salmon Treaty, I hope the Canadian 
Government has taken note of the strong congressional interest in this 
matter and will help us avoid unnecessary conflicts of this type in the 
future.
  This bill is a necessary and essential tool for our fishermen, and I 
urge my colleagues to join me in supporting this bill.
  Mr. STUDDS. Mr. Speaker, I yield 2 minutes to the distinguished 
gentlewoman from Washington [Mrs. Unsoeld].
  Mrs. UNSOELD. I thank the chairman for yielding this time to me.
  Mr. Speaker, I thank the chairman of the committee for his leadership 
and support.
  Mr. Speaker, I rise in strong support of H.R. 3817. Among its 
provisions is a measure that I introduced in committee to allow the 
Secretary of State to reimburse fishermen subjected to the illegal 
transit fee being imposed by the Canadian Government. The amendment 
requires the Secretary of State seek reimbursement from the Government 
of Canada.
  In the month since our committee passed this provision about 300 
Washington State fishermen have been forced to pay the illegal Canadian 
fee. In response to this crisis, the Vice President met with Canadian 
officials and succeeded in persuading them to repeal this illegal fee 
on July 2.
  I commend the Clinton administration for addressing this issue 
promptly. We must now pursue implementation of the Fishermen's 
Protective Act and full reimbursement for the U.S. fishermen who have 
been forced to bear the economic brunt of an action which violated 
international law. At the same time we must ensure that the 
administration and Canada provide sufficient attention to the severe 
conservation crisis with coho and chinook stocks.
  I urge my colleagues to support this bill.
  Mr. DICKS. Mr. Speaker, I rise in strong support of H.R. 3817, a bill 
to reauthorize the Fishermen's Protective Act. I would like to 
congratulate the distinguished chairman of the House Merchant Marine 
and Fisheries Committee, Mr. Studds, for his tremendous leadership in 
bringing this vital legislation to the floor. I also want to express my 
appreciation to the ranking minority member of the committee, Mr. 
Fields, without whose support and cooperation this bill would not be 
possible.
  H.R. 3817 reauthorizes the fishermen's guaranty program through 
fiscal year 1996, and also authorizes the State Department, which 
administers the program, to charge fees to fishermen seeking coverage 
under the program regardless of whether Federal funds have been 
appropriated. An additional measure of the bill, which has important 
implications for my region of the Nation, the Pacific Northwest, is a 
provision which permits the fishermen's guaranty program to be used to 
reimburse United States fishermen for transit fees imposed by Canada on 
United States fishing vessels passing through certain Canadian waters 
between Washington State and Alaska, and establishes a fee to be 
imposed on Canadian vessels entering United States waters in the 
Pacific Northwest, to be equal to whatever Canadian fee is imposed on 
United States vessels. Such a fee, however, would not apply to Canadian 
fishing boats operating in accordance with United States-Canadian 
treaties on halibut and tuna fishing.
  I want to especially thank my colleagues from the State of 
Washington, Jolene Unsoeld and Maria Cantwell, for offering the 
provision and ensuring its inclusion in the Fishermen's Protective Act. 
I would hope that it would never be necessary to invoke this provision, 
to not have to reimburse United States fishermen for a fee charged by 
Canada or to have to place a similar fee on Canadian Boats. I would 
hope that our neighbor to the north would see the wisdom of working out 
concerns government-to-government without taking unilateral actions 
against one another's fishermen.
  However, recent events tell us that this legislative protection for 
U.S. fishermen is necessary, so I am pleased that it is in this bill. A 
few weeks ago, Canada unilaterally imposed a $1,100 transit fee each 
way on United States fishing vessels passing through coastal waters 
under Canadian jurisdiction. This was a very unfair fee which began to 
bring hardships to many fishermen who were already facing great 
economic difficulty. Canada argued that the fee came in retaliation for 
stalled talks on the very broad issues associated with the United 
States/Canada Pacific Salmon Treaty renegotiation. Like other political 
leaders in the Northwest, I agree that the treaty talks should proceed 
and that the gridlock must cease. However, it was unacceptable that 
innocent fishermen be made to pay the unfair price for these 
circumstances.
  I am pleased that with help from Vice-President Gore, the Canadians 
recently agreed to drop the transit fee. However, the language of this 
legislation must remain in order to ensure that our fishermen are never 
again held hostage in this kind of fashion.
  Again, I urge all my colleagues to support the passage of this bill.
  Mr. FIELDS of Texas. Mr. Speaker, I support this legislation to 
reauthorize and amend the Fishermen's Protective Act of 1967.
  Mr. Speaker, this act established a method of recourse for fishermen 
who have their vessels seized by a foreign government. A major 
component of the act is the Fishermen's Guaranty Fund [FGF] which is a 
voluntary self-insurance program for U.S. vessels administered by the 
Department of State. The fund is available to compensate fishermen for 
the loss of their vessels or any catch confiscated by a foreign nation 
under claims of jurisdiction not recognized by the United States.
  Due to a court case in the late 1980's, the Department of State has 
been unable to collect fees unless Congress appropriated an equal 
amount. Neither the administration nor Congress has requested 
appropriations for several years so no fees have been collected. While 
there is adequate funding in the account, more than one large claim 
could decimate the fund. This legislation will allow the Department of 
State to collect fees to maintain an adequate balance in the fund 
regardless of whether Congress appropriates any funds in the future.
  At the Fisheries Management Subcommittee markup of this legislation, 
amendments were adopted to address a serious situation in the 
Northwest. Because talks between Canada and the United States on 
Pacific salmon issues had broken down, Canada levied a transit fee on 
all commercial fishing vessels passing through the Canadian waters of 
the Inside Passage.
  In response to this blatant slap at American fishermen, Congressman 
Don Young of Alaska successfully offered an amendment prohibiting entry 
to U.S. waters to any nation who unilaterally assesses fees or charges 
on our vessels.
  Canadian patrol boats were stopping United States fishermen and 
requiring them to either pay a fee of $1,100 per passage or risk having 
their vessel seized. Fortunately, the Canadians have now re-evaluated 
the wisdom of this decision and they have agreed to stop collecting 
this transit fee.
  While Canada is no longer stopping United States fishing vessels, 
many vessel operators have already paid this illegal fee. Language 
added by our committee will allow those U.S. fishermen who have already 
paid the fee to recover these costs from the Fishermen's Protective 
Fund.
  I urge my colleagues to support this legislation.

                              {time}  1250

  Mr. STUDDS. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. YOUNG of Alaska. Mr. Speaker, I, too, have no further requests 
for time, and I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Fields of Louisiana). The question is on 
the motion offered by the gentleman from Massachusetts [Mr. Studds] 
that the House suspend the rules and pass the bill, H.R. 3817, as 
amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended, and the bill, as amended, was 
passed.
  A motion to reconsider was laid on the table.

                          ____________________