A bill to authorize the U.S. Government to meet its obligations under the Treaty on Fisheries between the governments of certain Pacific Island States and the Government of the United States of America.
Title I: South Pacific Tuna Agreement - South Pacific Tuna Act of 1988 - Declares that seizure by a Pacific Island Party of a vessel of the United States shall not be considered to be a seizure under the Magnuson Fishery Conservation and Management Act or the Fishermen's Protective Act of 1967 if the seizure is in accordance with the provisions of the Treaty on Fisheries Between the Governments of Certain Pacific Island States and the Government of the United States of America (Treaty).
Makes it unlawful for any person subject to U.S. jurisdiction to engage in a variety of actions relating to fishing and the Treaty. Provides for criminal and civil penalties and in rem jurisdiction over a fishing vessel.
Specifies the number and fees of licenses to fish in the Licensing Area in the initial year of implementation. Provides for administration of licensing.
Authorizes the Secretary of Commerce to order a fishing vessel to leave the Licensing, Limited, or Closed Areas in certain circumstances.
Makes the Secretary of Commerce, in cooperation with the Secretary of State, responsible for enforcement of this title. Directs the Secretary of Commerce, at the request of the government of a Pacific Island Party, to investigate any alleged infringement of the Treaty involving a U.S. vessel. Directs the Secretary of Commerce, prior to instituting certain proceedings, to notify the Pacific Island Party having jurisdiction and, if that Party objects, prohibits the Secretary from instituting the proceedings.
Sets forth the powers of Authorized Officers and provides for exclusive jurisdiction of the U.S. district courts over any case or controversy arising under this title.
Sets forth reporting requirements. Requires that the Secretary of Commerce maintain certain information as confidential, including information requested under the Freedom of Information Act, subject to exception.
Requires the fishing gear of a vessel, while the vessel is in a Closed Area, to be stowed so as not to be readily available for fishing.
Provides for observers on board vessels.
Requires the U.S. tuna industry to provide a specified sum annually in technical assistance.
Directs the Secretary of State to appoint an arbitrator to act as a member of the dispute tribunal as provided by the Treaty.
Requires the total value of any amount collected under the civil or criminal penalties provisions of this title, to the extent required by certain provisions of the Treaty, to be paid by the United States to the Administrator designated by the Pacific Island Parties to act on their behalf.
Authorizes the Secretary of State to act for the United States in regard to the Treaty.
Authorizes appropriations for FY 1988 through 1992.
Title II: Merchant Marine Act, 1920, Amendments - Amends the Merchant Marine Act, 1920 to modify the penalty for transportation of merchandise between points in the United States in other than domestically built or rebuilt and documented vessels to impose a penalty, in the case of transportation of valueless material, in the amount of the value of the transportation provided. Applies such provision to the transportation of valueless material from a point in the United States to another point on the high seas within the Exclusive Economic zone (EEZ). Declares that the transportation of any platform jacket in or on a launch barge shall not be deemed transportation which is subject to this provision if the barge meets certain requirements.
Amends Federal law to make applicable to the towing of a vessel transporting valueless material from a point in the United States to another point on the high seas within the EEZ current provisions prohibiting the towing of vessels by vessels not owned by a citizen of the United States and documented under provisions of Federal law.
Permits a documented vessel to transport municipal sewerage sludge to a deepwater disposal site designated under the Marine Protection, Research, and Sanctuaries Act of 1972, provided such vessel, as of enactment of this Act, is under construction or contract for use by a municipality for the transportation of sewerage sludge.
Declares that, for purposes of a provision of the Merchant Marine Act, 1936 regarding forbidden practices in coastwise service, a vessel documented under U.S. laws and under contract with a municipality for the transportation of sewerage as of enactment of this Act is not a vessel engaged in domestic intercoastal or coastwise services. Provides that such vessels are bound by a provision prohibiting the diversion of any money, property, or other thing of value, used in foreign-trade operations, for which a subsidy is paid by the United States, into any coastwise or intercoastal operations.
Authorizes the Secretary of the department in which the Coast Guard is operating to issue a coastwise certificate of documentation, endorsed to restrict use of the vessel to transportation of valueless material, to a vessel which meets certain requirements.
Title III: The National Oceans Policy Commission - National Oceans Policy Commission Act of 1988 - Establishes the National Oceans Policy Commission (the Commission), composed of 17 members to be appointed by the President, including at least two marine scientists. Requires the Commission to have eight congressional advisors to advise the Commission in the formulation of findings and recommendations. Requires the Chairman of the Joint Chiefs of Staff to also advise the Commission.
Directs the Commission to propose to the President and the Congress a comprehensive national oceans policy to carry out the purposes set forth in this title, including promoting the conservation of marine resources and the peaceful use of the oceans. Directs the Commission to develop recommendations on the international and domestic ocean policies, laws, regulations, and activities of the United States that will define and implement the comprehensive policy. Outlines further considerations concerning the development of such recommendations, including surveys of Federal ocean-related activities and reviews of marine facilities. Outlines powers of the Commission and other administrative provisions.
Directs the Commission, no later than two years after it first meets, to submit simultaneously to the President and to each House of the Congress a final report on the comprehensive oceans policy and the recommendations developed under this title. Terminates the Commission 30 days after such report is submitted.
Authorizes appropriations.
Title IV: Red Tide Disaster Assistance - Directs the Administrator of the Small Business Administration to declare the recent North Carolina coast red tide contamination a disaster for purposes of providing disaster assistance under the Small Business Act.
Prohibits making eligibility of individual applicants for assistance dependent on: (1) the number of disaster victims in any county or other political subdivision; or (2) whether or not an applicant who normally conducts operations in the area of such contamination is otherwise situated or located in such area.
Title V: Ocean Dumping of Sewage Sludge - Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to prohibit the Administrator of the Environmental Protection Agency from issuing any permit under the Act for the ocean disposal of sewage sludge after December 31, 1991.
Introduced in House
Introduced in House
Referred to House Committee on Merchant Marine and Fisheries.
Subcommittee on Fisheries and Wildlife Conservation and the Environment Discharged.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended).
Referred to Subcommittee on Fisheries and Wildlife Conservation and the Environment.
Reported to House (Amended) by House Committee on Merchant Marine and Fisheries. Report No: 100-645 (Part I).
Reported to House (Amended) by House Committee on Merchant Marine and Fisheries. Report No: 100-645 (Part I).
Referred to House Committee on Public Works and Transportation Sequentially, for a Period Ending not Later than Jun 24, 88.
Referred to Subcommittee on Water Resources.
House Committee on Public Works and Transportation Discharged by Unanimous Consent.
checking server…
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line
House Committee on Public Works and Transportation Discharged by Unanimous Consent.
Placed on Union Calendar No: 445.