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HIGH SEAS FISHING COMPLIANCE ACT OF 1995

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HIGH SEAS FISHING COMPLIANCE ACT OF 1995

[Title I of Public Law 104-43, Nov. 3, 1995, 109 Stat. 367)

(Amended through Public Law 106–562, December 23, 2000]

AN ACT To amend the Fishermen's Protective Act.

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TITLE I-HIGH SEAS FISHING COMPLIANCE

SEC. 101. (16 U.S.C. 5501 note] SHORT TITLE.

This title may be cited as the “High Seas Fishing Compliance Act of 1995”. SEC. 102. (16 U.S.C. 5501) PURPOSE. It is the purpose of this Act

(1) to implement 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 24, 1993; and

(2) to establish a system of permitting, reporting, and regulation for vessels of the United States fishing on the high

seas.

SEC. 103. (16 U.S.C. 5502) DEFINITIONS.
As used in this Act,

(1) The term “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 24, 1993.

(2) The term “FAO” means the Food and Agriculture Organization of the United Nations.

(3) The term "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.

(4) The term "high seas fishing vessel” means any vessel of the United States or subject to the jurisdiction of the United States used or intended for use

(A) on the high seas;

(B) for the purpose of the 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 oper(5) The term "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, as reflected in the 1982 United Nations Convention on the Law of the Sea, and that are recognized by the United States. Such 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. (6) The term “length” means

ation.

(A) for any high seas fishing vessel built after July 18, 1982, 96 percent of the total length on a waterline at 85 percent of the least molded depth measured from the top of the keel, or the length from the foreside of the stem to the axis of the rudder stock on that waterline, if that is greater, except that in ships designed with a rake of keel the waterline on which this length is measured shall be parallel to the designed waterline; and

(B) for any high seas fishing vessel built before July 18, 1982, registered length as entered on the vessel's documentation.

(7) The term “person” means any individual (whether or not a citizen 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 any such government.

(8) The term “Secretary” means the Secretary of Com-
merce.
(9) The term “vessel of the United States” means-

(A) a vessel documented under chapter 121 of title 46,
United States Code, or numbered in accordance with chap-
ter 123 of title 46, United States Code;
(B) a vessel owned in whole or part by-

(i) the United States or a territory, common-
wealth, or possession of the United States;

(ii) a State or political subdivision thereof;
(iii) a citizen or national of the United States; or

(iv) a corporation created under the laws of the
United States or any State, the District of Columbia,
or any territory, commonwealth, or possession of the
United States; unless the vessel has been granted the
nationality of a foreign nation in accordance with arti-
cle 92 of the 1982 United Nations Convention on the
Law of the Sea and a claim of nationality or registry
for the vessel is made by the master or individual in
charge at the time of the enforcement action by an of-
ficer or employee of the United States authorized to
enforce applicable provisions of the United States law;
and

(C) a vessel that was once documented under the laws of the United States and, in violation of the laws of the United States, was either sold to a person not a citizen of the United States or placed under foreign registry or a for

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eign flag, whether or not the vessel has been granted the nationality of a foreign nation.

(10) The terms “vessel subject to the jurisdiction of the United States” and “vessel without nationality” have the same meaning as in section 3(c) of the Maritime Drug Law Enforce

ment Act (46 U.S.C. 1903(c)). SEC. 104. (16 U.S.C. 5503) PERMITTING.

(a) IN GENERAL.—No high seas fishing vessel shall engage in harvesting operations on the high seas unless the vessel has on board a valid permit issued under this section. (b) ELIGIBILITY.—

(1) Any vessel of the United States is eligible to receive a permit under this section, unless the vessel was previously authorized to be used for fishing on the high seas by a foreign nation, and

(A) the foreign nation suspended such authorization because the vessel undermined the effectiveness of international conservation and management measures, and the suspension has not expired; or

(B) the foreign nation, within the last three years preceding application for a permit under this section, withdrew such authorization because the vessel undermined the effectiveness of international conservation and management measures.

(2) The restriction in paragraph (1) does not apply if ownership of the vessel has changed since the vessel undermined the effectiveness of international conservation and management measures, and the new owner has provided sufficient evidence to the Secretary demonstrating that the previous owner or operator has no further legal, beneficial or financial interest in, or control of, the vessel.

(3) The restriction in paragraph (1) does not apply if the Secretary makes a determination that issuing a permit would not subvert the purposes of the Agreement.

(4) The Secretary may not issue a permit to a vessel unless the Secretary is satisfied that the United States will be able to exercise effectively its responsibilities under the Agreement with respect to that vessel. (c) APPLICATION.

(1) The owner or operator of a high seas fishing vessel may apply for a permit under this section by completing an application form prescribed by the Secretary. (2) The application form shall contain

(A) the vessel's name, previous names (if known), official numbers, and port of record;

(B) the vessel's previous flags (if any);
(C) the vessel's International Radio Call Sign (if any);

(D) the names and addresses of the vessel's owners and operators;

(E) where and when the vessel was built;
(F) the type of vessel;
(G) the vessel's length; and

(H) any other information the Secretary requires for the purposes of implementing the Agreement.

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