[Congressional Record Volume 143, Number 41 (Wednesday, April 9, 1997)]
[Senate]
[Pages S2915-S2916]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. MURKOWSKI (for himself and Mr. Stevens):
  S. 533. A bill to exempt persons engaged in the fishing industry from 
certain Federal antitrust laws; to the Committee on the Judiciary.


                  The Fishing Industry Bargaining Act

  Mr. MURKOWSKI. Mr. President, on behalf of Senator Stevens and 
myself, I am reintroducing the Fishing Industry Bargaining Act, a bill 
to allow antitrust immunity for certain cooperative activities 
involving domestic fishermen and processors.
  This bill will allow collective agreement between fishermen and 
processors. It is patterned after legislation adopted by the Alaska 
State Legislature, but which requires congressional action to fully 
take effect.
  Under existing law, fishermen are able to form associations for the 
purpose of collective bargaining with individual processors. This bill 
will allow them to work with similar associations of processors to 
establish first-wholesale purchase prices--that is, the prices paid to 
the processors for fish products, and ex-vessel prices paid to the 
fishermen.
  This is intended to counter the fact that prices currently are all 
too often set by first-wholesale buyers rather than producers. As a 
result, processors forced to accept a price set by their buyers are in 
turn forced to set ex-vessel prices based on the buyers' offer, rather 
than prices that respond fully to other market forces.
  I want to make it clear that this bill in no way would allow 
processors to associate solely amongst themselves to set either ex-
vessel or wholesale prices. That is the kind of activity our current 
antitrust law is primarily designed to prevent, and this bill will 
leave that unchanged. Processors would continue to be prohibited from 
agreeing on prices unless fishermen participated in and were party to 
any agreement.
  What the bill will accomplish is to strengthen the position of the 
United States seafood industry generally--fishermen and processors 
together. In this, it would apply to fishermen and fish processors in 
all parts of the country, not just in Alaska.
  We look forward to a hearing which will air the views of the Alaska 
fishing industry and the fishing industry in other parts of the 
country, and urge prompt action by this Congress.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

[[Page S2916]]

                                 S. 533

       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 ``Fishing Industry Bargaining 
     Act''.

     SEC. 2. EXEMPTION FROM FEDERAL ANTITRUST LAWS.

       (a) The Act of June 25, 1934 (48 Stat. 1213 and 1214, 
     chapter 742; 15 U.S.C. 521 and 522) is amended--
       (1) in section 2, by striking ``If the Secretary'' and 
     inserting ``Subject to section 3, if the Secretary''; and
       (2) by adding at the end the following new section:

     ``SEC. 3. PRICING.

       ``(a) In General.--For purposes of section 2, a price paid 
     pursuant to a collective agreement entered into under 
     subsection (b) shall not constitute a monopolization or 
     restraint of trade in interstate or foreign commerce.
       ``(b) Collective Agreement.--Persons described in the first 
     undesignated paragraph of section 1, acting through one or 
     more associations described in that section, may enter into a 
     collective agreement with fish processors, including fish 
     processors acting though an association of fish processors, 
     that establishes--
       ``(1) the price to be paid to those persons by fish 
     processors for an aquatic product; and
       ``(2) the minimum price that a fish processor may accept 
     for the sale of an aquatic product.
       ``(c) Rules of Construction.--
       ``(1) In general.--Nothing in this section is intended to 
     permit fish processors to collectively agree with other fish 
     processors on a price referred to in subsection (b)(1) 
     without entering into an agreement under subsection (b).
       ``(2) Federal antitrust laws.--The establishment and 
     implementation of a collective agreement under subsection (b) 
     shall not be construed to be a violation of any of the 
     Federal antitrust laws, including--
       ``(A) the Act of July 2, 1890, commonly known as the 
     `Sherman Act' (26 Stat. 209 et seq., chapter 647; 15 U.S.C. 1 
     et seq.);
       ``(B) the Act of October 15, 1914, commonly known as the 
     `Clayton Act' (38 Stat. 730 et seq., chapter 323; 25 U.S.C. 
     12 et seq.);
       ``(C) the Federal Trade Commission Act (15 U.S.C. 41 et 
     seq.); and
       ``(D) the Act of June 19, 1936, commonly known as the 
     `Robinson-Patman Antidiscrimination Act' (49 Stat. 1526 et 
     seq., chapter 592; 15 U.S.C. 13, 13a, 13b, 13c, and 21a).''.
                                 ______