ASSOCIATION OF PACIFIC FISHERIES, INC., Re S. 1988, H.R. 9957. DEAR MR. CHAIRMAN: The Association of Pacific Fisheries is the trade association representing substantially all of the canned salmon industry in the States of Alaska, Oregon, and Washington. The value of this great natural resource to the United States and its fishermen is a matter of common knowledge. We heretofore testified in support of S. 1988 in the Senate. Our support is based upon our belief that the legislation would clarify the law governing foreign commercial fishing within the waters which are under our sovereign jurisdiction. It has been testified before your committee that present law (46 U.S.C. 251) does prescribe a prohibition against fishing in the territorial waters of the United States. The present law, however, does not provide for clear-cut sanction which would enable the Federal Government to control and penalize foreign fishing intrusions into our waters. Therefore, we feel that this legislation is entirely justified, and actually, overdue. The principle upon which this legislation is based; i.e., the sovereign prerogative of a nation to control fishing within its waters, is a universally accepted practice. The objectives of S. 1988 are consistent with other nations' fishery laws applied throughout the world, for the purpose of providing some semblance of control and protection within the jurisdiction of the State. view of the recent increase in foreign fishing operations on the high seas adjacent to our coast, we believe that this legislation will serve as a deterrent to foreign encroachment within our territorial limits. In There have been press releases during the past week that certain witnesses have testified that reference to the resources of the Continental Shelf should be deleted. We are unalterably opposed to this position. No complex problems are involved in this connection. This is clear from Senate Committee Report No. 500 which defines creatures of the Continental Shelf as provided for in the Geneva Convention. It also appears that some witnesses have testified in favor of the amendment providing for the issuance of licenses to foreign fishermen to fish our waters and land their catches in U.S. ports. We are definitely opposed to this amendment to the bill. No substantial reasons exist for it. It clearly has no place in this legislation. It is requested that this letter be made a part of the record. ASSOCIATION OF PACIFIC FISHERIES, By HERALD A. O'NEILL, Executive Secretary. Hon. HERBERT C. BONNER, GULF STATES MARINE FISHERIES COMMISSION, Chairman, Committee on Merchant Marine and Fisheries, DEAR CONGRESSMAN BONNER: Enclosed herewith is a copy of a resolution adopted at the fall 1963 meeting of the Gulf States Marine Fisheries Commission, which resolution approves in principle S. 1988 (88th Cong., 1st sess.). We will sincerely appreciate your having the resolution placed in the record of the February 19-20, 1964, hearings of the proposed legislation before your committee. Respectfully, W. D. GUNN, "RESOLUTION Director. "Be it resolved, That the Gulf States Marine Fisheries Commission go on record as approving in principle S. 1988 (88th Cong., 1st sess.), which legislation is designed 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; and "Be it resolved, That endorsement of the purposes of this proposed legislation is in no way intended to define territorial limits that are presently or may be claimed by any State of the United States; and "Be it further resolved, That copies of this resolution be transmitted to the members of the Senate Committee on Commerce, the members of the House Committee on Merchant Marine and Fisheries, and the congressional delegations of the States of Alabama, Florida, Louisiana, Mississippi, and Texas." The foregoing resolution was adopted by the Gulf States Marine Fisheries Commission, October 18, 1963, at a regular commission meeting held at the Broadwater Beach Hotel, Biloxi, Miss. W. D. GUNN, Director, Gulf States Marine Fisheries Commission. HERBERT C. BONNER, STATE OF WASHINGTON, DEPARTMENT OF FISHERIES, Olympia, Wash., February 18, 1964. Chairman, House Merchant Marine and Fisheries Committee, U.S. House of Representatives, Washington, D.C. DEAR SIR: The Department of Fisheries of the State of Washington is in favor of Senate bill 1988, 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. There is an amendment to S. 1988 that reads: "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." We would certainly underline the concurrence of any State because the de partment of fisheries sponsored a bill in our Senate during the 1963 session that did not pass, but we will sponsor it again in 1965. This bill reads as follows: "An act relating to food fish and shellfish; adding two new sections to chapter 75.28 RCW; and providing penalties. "Be it enacted by the Legislature of the State of Washington: "SECTION 1. There is added to chapter 75.28 RCW a new section to read as follows: "It shall be unlawful for any alien, not a resident of the United States, to operate any fishing gear within the waters of the State known as or classified as commercial fishing gear by the director, or to fish for, take, deliver, or land any fish in the State, whether taken from waters within or without the jurisdiction of the State. "Any person violating the provisions of this section is guilty of a gross misdemeanor and upon conviction shall be fined not less than five hundred dollars, nor more than twenty-five hundred dollars. "SEC. 2. There is added to chapter 75.28 RCW a new section to read as follows: "It shall be unlawful for any alien, not a resident of the United States, to apply for a commercial fishing license of any kind, without disclosing that he is in fact an alien. "Any person violating the provisions of this section shall be guilty of a gross misdemeanor and upon conviction shall be fined not less than five hundred dollars, nor more than one thousand dollars." We therefore are in support of S. 1988 providing that such a bill specifies the concurrence of the State must be gained if there is an exception made to a landing of a commercial foreign fishing vessel. We also urge passage of S. 627. This is a bill to promote State fishery research and development projects for which purposes the State of Washington would provide 25 percent support and the Federal Government would provide 75 percent support of commercial fisheries research and development. Very truly yours, GEORGE C. STARLUND, Director. Hon. HERBERT C. BONNER, ALASKA SPORTSMEN'S COUNCIL, Chairman of the House Committee on Merchant Marine and Fisheries, House of Representatives, Washington, D.C. DEAR MR. BONNER: It has been brought to our attention that you and members of your committee will be considering S. 1988. You are well aware of the intent of S. 1988, I am sure. We, here in Alaska, feel quite strongly that there is an urgent need of immediate passage of S. 1988 in order that we may be in a position to better protect our offshore fishing waters. This has been brought most vividly to our attention during this past year both in the Pacific and the Atlantic. I am enclosing at this time copy of a resolution adopted by the Alaska Sportsmen's Council at their annual convention in Sitka, Alaska, on November 3, 1963. We urge that you give immediate consideration to this important measure and respectfully request that this transmission be made a part of the record. Sincerely, A. W. "BUD" BODDY, Executive Director, Alaska Sportsmen's Council. RESOLUTION No. 5 ON S. 1988 Whereas S. 1988, a bill to provide penalties and 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, has passed the Senate; and Whereas in the past few years there have been repeated violations of U.S. territorial waters and a growing disregard for them by certain nationals; and Whereas now no clear-cut Federal authority exists for dealing with this problem nor can violators of territorial waters be penalized by Federal statutes except escorted out; and Whereas this bill would meet the need for clear-cut Federal responsibility and enforcement authority to protect our territorial and Continental Shelf fisheries resources from foreign national encroachment and poaching: Therefore be it Resolved, That the Alaska Sportsmen's Council in convention assembled on November 3, 1963, does respectfully urge the U.S. House of Representatives to favorably consider S. 1988. Adopted November 3, 1963, by the Alaska Sportsmen's Council at their annual meeting. THE RESOURCES AGENCY OF CALIFORNIA, STATE CAPITOL, Sacramento, February 28, 1964. Hon. HERBERT C. BONNER, Chairman, Merchant Marine and Fisheries Committee, Washington, D.C. DEAR CONGRESSMAN BONNER: I have been advised that your committee is conducting hearings on S. 1988, a bill to prohibit fishing in the territorial waters of the United States by persons other than nationals or inhabitants of the United States. The Resources Agency of the State of California wishes to placed on record as favoring this bill. U.S. residents are limited by State and Federal law as to the extent and nature of their commercial fishing operations, and it seems only right that restrictions should be placed upon nonnationals who enter U.S. territorial waters and compete with domestic fishermen. California has not yet had the difficulty with foreign fishermen that other States have had, but is faced with the very real prospect of finding non-U.S. fishing fleets off the coast in the near future. The California fishing industry will benefit from such protection as may be obtained by passage of this bill. I recommend that Senate bill 1988 be given favorable consideration by your committee including a recommendation that it be passed by the House. Sincerely yours, HUGO FISHER, Administrator. Hon. HERBERT C. BONNER, STATE OF OREGON, FISH COMMISSION OF OREGON, Chairman, Merchant Marine and Fisheries Committee, DEAR CONGRESSMAN BONNER: We have advised that the House Merchant Marine and Fisheries Committee scheduled hearings for late February on S. 1988, 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. Governor Hatfield of Oregon and this department, by letters of September 16, 1963, expressed support for this measure to Senator Magnuson. Both letters were recorded in the report of the hearings of the Subcommittee on Merchant Marine and Fisheries of the Senate Committee on Commerce. closed for your records. Sincerely, Copies are en ROBERT W. SCHONING, State Fisheries Director. OFFICE OF THE GOVERNOR, STATE CAPITOL, Hon. WARREN G. MAGNUSON, Salem, Oreg., September 16, 1963. Chairman, Subcommittee on Merchant Marine and Fisheries, Senate Committee on Commerce, Washington, D.C. DEAR SENATOR: It is my understanding that on September 5, 1963, your committee held a hearing on S. 1988 to prohibit fishing in the territorial waters of the United States, and the record would remain open for 10 days to receive additional testimony. Fishing by foreign nationals in waters off the Pacific coast of the United States is increasing in frequency, amount, and seriousness. Although offshore waters of Oregon are not now directly involved to any extent, the possibility is imminent. Stocks of fish taken in North Pacific waters where foreign fleets are active are of direct interest to Oregon fishermen. The Pacific Coast States and the Federal Government coordinate their research and management activities on these fish to provide for the maximum sustained yield. Intensive, promiscuous fishing by foreign nationals contrary to this program could seriously endanger its perpetuation. Our nationals are subject to fishery controls and it is our belief that fishermen of other nations also should be controlled in these waters. Oregon strongly supports the intent of S. 1988, to prohibit fishing by foreign nationals in territorial waters of the United States, and appreciates the opportunities to make this support known as a part of the hearing record. Sincerely yours, Hon. WARREN G. MAGNUSON, MARK O. HATFIELD, Governor. SEPTEMBER 16, 1963. Chairman, Subcommittee on Merchant Marine and Fisheries, Senate Committee on Commerce, Washington, D.C. DEAR SENATOR MAGNUSON: We understand that on September 5, 1963, your committee held a hearing on Senate bill 1988 to prohibit fishing by foreign nationals in the territorial waters of the United States, and the record would remain open for a short time to receive additional testimony. Marine and anadromous fish taken off the Pacific coast and in North Pacific waters are of direct interest to Oregon fishermen who participate in their harvest and conservation. The Oregon Fish Commission cooperates with other States, Federal and international fishery agencies in a sound biologically based research and management program on these stocks. Uncontrolled fishing by foreign nationals in these waters could jeopardize this program and the future of the resource as well as present fisheries by our citizens. The Oregon Fish Commission strongly supports the intent of the bill as control foreign fishing activities in U.S. waters, and wishes to go on record to this effect. Sincerely, ROBERT W. SCHONING, Hon. HERBERT C. BONNER, First North Carolina District, House Office Building, Washington, D.C. NEW ORLEANS, La., November 14, 1963. DEAR HERBERT: I have just returned from the 16th annual session of the Gulf and Caribbean Fisheries Institute held in Miami. Practically the entire first day was devoted to papers and discussion of the legislation concerning the establishment of a 12-mile fishery limit. The opening address was given by Senator Gruening who, you doubtless know, is a firm advocate of the 12-mile limit as proposed in S. 1988. Our industry is vitally concerned over this and any companion legislation in the House. On behalf of the Wallace organization, I wish to state that we are in favor of the establishment of the 12-mile fishery limit as proposed in S. 1988 with the exception of the following portion of the bill: "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 U.S. 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." We believe that foreign-flag vessels should not be permitted to fish in our territorial waters under any circumstances. We are faced with increasing encroachment of our historical fishing grounds by foreign vessels which amounts to another form of economic aggression against our already seriously troubled fisheries. We must have the protection of exclusive fishing rights in our own territorial waters. We urge you to support the establishment of the 12-mile limit and hope that you will oppose that portion which permits the discretionary granting of licenses by the Secretary of the Treasury, or anyone else for that matter, which would permit foreign vessels to utilize the fishery resources which lie within our territorial waters. DEAR SIR: In reading the report of S. 1988, that passed the U.S. Senate, I was surprised to note on page 2, the below phase. "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 U.S. 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." With this phase added to the bill we are defeating the purpose of the bill. This leaves the door open to injure the fishing industry, rather than assist it. Congressman Nicholson helped the fishing industries several years ago by stopping this endeavor that was tried at that time. We, the members of the Fishermen's Union, wish to oppose this addition to the regular bill as proposed. Sincerely yours, JAMES D. ACKERT, President. |