Fishing in U.S. Territorial Waters

FISHING IN U.S. TERRITORIAL WATERS

WEDNESDAY, FEBRUARY 19, 1964

HOUSE OF REPRESENTATIVES,

COMMITTEE ON MERCHANT MARINE AND FISHERIES,

Washington, D.C.

The committee met at 10 a.m., pursuant to call, in room 219, Cannon House Office Building, Hon. Herbert C. Bonner (chairman of the committee) presiding.

The CHAIRMAN. The committee will come to order.

The purpose of the open hearing this morning is to consider S. 1988, and three similar House bills, H.R. 7954, H.R. 8296, and H.R. 9957, having to do with fishing in the territorial waters of the United States by persons other than nationals or inhabitants of the United States.

There is precently in force a law prohibiting foreign fishing in the territorial waters of the United States but the law is inadequate in that criminal sanctions are not provided. The need for more effective sanctions has become evident over the past several months by the vast number of reports of foreign vessels fishing off the U.S. shores, accompanied by an increase in territorial waters violations.

Unless action is taken to correct this inadequacy in the law, it is apparent these encroachments will continue to multiply.

At this point I want to put in the record the bills and departmental reports. I would also like to put in the record the telegram received from the Alaskan Board of Fish and Game, Peter Deveau, chairman of Kodiak area, Kodiak, Alaska, and the telegram reads:

Unanimous support for S. 1988 bill to prohibit and provide penalties for foreign fishing in U.S. waters.

(The material mentioned follows:)

[S. 1988, 88th Cong., 1st sess.]

AN ACT To prohibit fishing in the territorial waters of the United States and in certain other areas by persons other than nationals or inhabitants of the United States Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it is unlawful for any vessel, except a vessel of the United States, or for any master or other person in charge of such a vessel, to engage in the fisheries within the territorial waters of the United States, its territories and possessions and the Commonwealth of Puerto Rico or to engage in the taking of any Continental Shelf fishery resource which appertains to the United States except as provided by an international agreement to which the United States is a party. However, the Secretary of the Treasury may issue a license authorizing a vessel other than a vessel of the United States to engage in fishing within the territorial waters of the United States or for resources of the Continental Shelf which appertain to the United States and to land its catch in a United States port, upon certification by the Secretary of the Interior that such permission would be in the national interest and upon concurrence of any State, Commonwealth or territory directly affected.

SEC. 2. (a) Any person violating the provisions of this Act shall be fined not more than $10,000, or imprisoned not more than one year, or both.

(b) Every vessel employed in any manner in connection with a violation of this Act including its tackle, apparel, furniture, appurtenances, cargo, and stores shall be subject to forfeiture and all fish taken or retained in violation of this Act or the monetary value thereof shall be forfeited.

(c) All provisions of law relating to the seizure, judicial forfeiture, and condemnation of a cargo for violation of the customs laws, the disposition of such cargo or the proceeds from the sale theref, and the remission or mitigation of such forfeitures apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this Act, insofar as such provisions of law are applicable and not inconsistent with the provisions of this Act.

SEC. 3. (a) Enforcement of the provisions of this Act is the joint responsibility of the United States Coast Guard, the United States Department of the Interior, and the United States Bureau of Customs. In addition, the Secretary of the Interior may designate officers and employees of the States of the United States, of the Commonwealth of Puerto Rico, and of any territory or possession of the United States to carry out enforcement activities hereunder. When so designated, such officers and employees are authorized to function as Federal law enforcement agents for these purposes.

(b) The judges of the United States district courts, the judges of the highest courts of the territories and possessions of the United States, and United States commissioners may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue such warrants or other process, including warrants or other process issued in admiralty proceedings in Federal district courts, as may be required for enforcement of this Act and any regulations issued thereunder.

(c) Any person authorized to carry out enforcement activities hereunder shall have the power to execute any warrant or process issued by any officer or court of competent jurisdiction for the enforcement of this Act.

(d) Such person so authorized shall have the power

(1) with or without a warrant or other process, to arrest any person committing in his presence or view a violation of this Act or the regulations issued thereunder;

(2) with or without a warrant or other process, to search any vessel and, if as a result of such search he has reasonable cause to believe that such vessel or any person on board is in violation of any provision of this Act or the regulations issued thereunder, then to arrest such person.

(e) Such person so authorized may seize any vessel, together with its tackle, apparel, furniture, appurtenances, cargo and stores, used or employed contrary to the provisions of this Act or the regulations issued hereunder or which it reasonably appears has been used or employed contrary to the provisions of this Act or the regulations issued hereunder.

(f) Such person so authorized may seize, whenever and wherever lawfully found, all fish taken or retained in violation of this Act or the regulations issued thereunder. Any fish so seized may be disposed of pursuant to the order of a court of competent jurisdiction, or if perishable, in a manner prescribed by regulations of the Secretary of the Treasury.

(g) Notwithstanding the provisions of section 2464 of title 28 when a warrant of arrest or other process in rem is issued in any cause under this section, the United States marshal or other officer shall discharge any fish seized if the process has been levied, on receiving from the claimant of the fish a bond or stipulation for the value of the fish with sufficient surety to be approved by a judge of the district court having jurisdiction of the offense, conditioned to deliver the fish seized, if condemned, without impairment in value or, in the discretion of the court, to pay its equivalent value in money or otherwise to answer the decree of the court in such cause. Such bond or stipulation shall be returned to the court and judgment thereon against both the principal and sureties may be recovered in event of any breach of the conditions thereof as determined by the court. In the discretion of the accused, and subject to the direction of the court, the fish may be sold for not less than its reasonable market value and the proceeds of such sale placed in the registry of the court pending judgment in the

case.

SEC. 4. The Secretary of the Treasury is authorized to issue such regulations as he determines necessary to carry out the provisions of this Act.

Passed the Senate October 1, 1963.
Attest:

FELTON M. JOHNSTON, Secretary.

[H.R. 7954, H.R. 8296, 88th Cong., 1st sess.]

A BILL To prohibit fishing in the territorial waters of the United States and in certain other areas by persons other than nationals or inhabitants of the United States

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, It is unlawful for any vessel, except a vessel of the United States or for any master or other person in charge of such a vessel, to engage in the fisheries within the territorial waters of the United States and its territories and possessions or to engage in the taking of any fishery resource of the Continental Shelf claimed by the United States except as provided by an international agreement to which the United States is a party.

SEC. 2. (a) Any person violating the provisions of this Act shall be fined not more than $10,000, or imprisoned not more than one year, or both.

(b) The vessels and all fish taken or retained in violation of this Act, or the monetary value thereof, may be forfeited.

(c) All provisions of law relating to the seizure, judicial forfeiture, and condemnation of a cargo for violation of the customs laws, the disposition of such cargo or the proceeds from the sale thereof, and the remission or mitigation of such forfeitures apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this Act, insofar as such provisions of law are applicable and not inconsistent with the provisions of this Act.

(b) The judges of the United States district courts, the judges of the highest courts of the territories and possessions of the United States, and United States commissioners may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue such warrants or other process as may be required for enforcement of this Act and any regulations issued thereunder. (c) Any person authorized to carry out enforcement activities hereunder shall have the power to execute any warrant or process issued by any officer or court of competent jurisdiction for the enforcement of this Act.

(d) Such person so authorized shall have the power

(1) with or without a warrant or other process, to arrest any person committing in his presence or view a violation of this Act or the regulations issued thereunder ;

(2) with or without a warrant or other process, to search any vessel and, if as a result of such research he has reasonable cause to believe that such vessel or any person on board is in violation of any provision of this Act or the regulations issued thereunder, then to arrest such person. (e) Such person so authorized may seize, whenever and wherever lawfully found, all fish taken or retained in violation of this Act or the regulations issued thereunder. Any fish so seized may be disposed of pursuant to the order of a court of competent jurisdiction or, if perishable, in a manner prescribed by regulations of the Secretary of the Treasury.

(f) Notwithstanding the provisions of section 2464 of title 28 when a warrant of arrest or other process in rem is issued in any cause under this section, the United States marshal or other officer shall stay the execution of such process, or discharge any fish seized if the process has been levied, on receiving from the claimant of the fish a bond or stipulation for the value of the property with sufficient surety to be approved by a judge of the district court having jurisdiction of the offense, conditioned to deliver the fish seized, if condemned, without impairment in value or, in the discretion of the court, to pay its equivalent value in money or otherwise to answer the decree of the court in such cause. Such bond or stipulation shall be returned to the court and judgment thereon against both the principal and sureties may be recovered in event of any breach of the conditions thereof as determined by the court. In the discretion of the accused, and subject to the direction of the court, the fish may be sold for not less than its reasonable market value and the proceeds of such sale placed in the registry of the court pending judgment in the case.

SEC. 4. The Secretary of the Treasury is authorized to issue such regulations as he determines necessary to carry out the provisions of this Act.

[H.R. 9957, 88th Cong., 2d sess.]

A BILL To prohibit fishing in the territorial waters of the United States and in certain other areas by persons other than nationals or inhabitants of the United States Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it is unlawful for any vessel, except a vessel of the United States, or for any master or other person in charge of such a vessel, to engage in the fisheries within the territorial waters of the United States, its territories and possessions and the Commonwealth of Puerto Rico or to engage in the taking of any Continental Shelf fishery resource which appertains to the United States except as provided by an international agreement to which the United States is a party. However, the Secretary of the Treasury may issue a license authorizing a vessel other than a vessel of the United States to engage in fishing within the territorial waters of the United States or for resources of the Continental Shelf which appertain to the United States and to land its catch in a United States port, upon certification by the Secretary of the Interior that such permission would be in the national interest and upon concurrence of any State, Commonwealth or territory directly affected.

SEC. 2. (a) Any person violating the provisions of this Act shall be fined not more than $10,000, or imprisoned not more than one year, or both.

(c) All provisions of law relating to the seizure, judicial forfeiture, and condemnation of a cargo for violation of the customs laws, the disposition of such cargo or the proceeds from the sale thereof, and the remission or mitigation of such forfeitures apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this Act, insofar as such provisions of law are applicable and not inconsistent with the provisions of this Act.

SEC. 3. (a) Enforcement of the provisions of this Act is the joint responsibility of the United States Coast Guard, the United States Department of the Interior, and the United States Bureau of Customs. In addition, the Secretary of the Interior may designate officers and employees of the States of the United States, of the Commonwealth of Puerto Rico, and any territory or possession of the United States to carry out enforcement activities hereunder. When so designated, such officers and employees are authorized to function as Federal law enforcement agents for these purposes.

(d) Such person so authorized shall have the power

(1) with or without a warrant or other process, to arrest any person committing in his presence or view a violation of this Act or the regulations issued thereunder;

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