H.R.5580 - Exclusive Economic Zone Revenue Raising Act of 1988100th Congress (1987-1988)
|Sponsor:||Rep. Upton, Fred [R-MI-4] (Introduced 10/21/1988)(by request)|
|Committees:||House - Merchant Marine and Fisheries|
|Latest Action:||House - 10/21/1988 Referred to Subcommittee on Fisheries and Wildlife Conservation and the Environment. (All Actions)|
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Summary: H.R.5580 — 100th Congress (1987-1988)All Information (Except Text)
Introduced in House (10/21/1988)
Exclusive Economic Zone Revenue Raising Act of 1988 - Establishes in the Treasury a Marine Fishery Conservation Fund (Fund) to be made up of: (1) the net revenues from conservation fees, vessel emblems, and personal stamps; and (2) the gross revenues from ad valorem and other fees, including fines, penalties, and forfeitures, imposed by this Act.
Imposes a marine fishery conservation fee (conservation fee) in a specified amount for each calendar year for each person between 16 and 65 years of age aboard a fishing vessel in the Exclusive Economic Zone (EEZ). Requires each fishing vessel operating in the EEZ to display a currently valid marine fishery conservation emblem (emblem). Makes the emblem conclusive evidence that the conservation fee has been paid for that year for the number of persons aboard as indicated on the emblem or on an accompanying certificate.
Requires each person aboard a fishing vessel in the EEZ who is between 16 and 65 years of age and is not covered by a vessel emblem to carry a marine fishery conservation license (personal stamp) issued for that year. Makes the license conclusive evidence that the conservation fee has been paid with respect to the person who has signed the form.
Imposes a fee, in a specified percentage of the ex vessel value, on the first sale, or first delivery for commercial purposes (ad valorem fee), of all species of fish that are conserved and managed by the Secretary of Commerce under the Magnuson Fishery Conservation and Management Act or other legislation. Directs the Secretary to publish, from time to time, a list of such species. Makes vessels required to display an emblem liable in rem for the payment of the ad valorem fees upon the sale of any listed species, or the delivery of any product composed in whole or in part of any listed species, irrespective of the location of harvest. Declares the ad valorem fee to be in addition to fees under any other State or Federal law.
Authorizes the Secretary to take certain steps to provide for the collection of the ad valorem fees, including: (1) requiring persons who purchase or receive fish directly from fishing vessels for other than personal consumption to register with the Secretary; and (2) entering into contracts or agreements with public or private entities without regard to the provisions of the U.S. Code relating to public contracts.
Directs the Secretary to use the Fund to: (1) collect and analyze economic and statistical information on marine recreational and commercial fishing; (2) place observers on domestic fishing boats; (3) conduct and publish scientific research on marine fish; (4) identify and conserve fish habitats; (5) identify and reduce the adverse effects of fishing practices; (6) conserve and manage marine fish stocks; (7) improve enforcement of marine conservation programs; (8) educate on marine conservation programs; and (9) carry out this Act.
Directs the Secretary to consult with the regional marine fisheries commissions and the regional fishery management councils to ensure that each region receives benefits from the Fund that approximate the fees received from that region.
Declares that nothing in this Act increases or diminishes the authority of any State or local government concerning licensing, fees, or taxes with regard to fish taken in State waters or landed in State ports.
Makes it unlawful to act in violation of, or interfere with the enforcement of, this Act. Provides for civil penalties, including seizure, forfeiture, and condemnation. Makes customs laws apply to seizures and forfeitures incurred under this Act, except as inconsistent. Provies for criminal penalties. Makes a fishing vessel used in the commission of an act made unlawful by this Act liable in rem.
Requires that this Act be enforced by the Secretary of Commerce and, at sea, by the Secretary of the department in which the Coast Guard is operating. Authorizes those Secretaries, by agreement, to use the resources of any other Federal or State agency. Sets forth the powers of officers authorized by those Secretaries to enforce this Act.
Prohibits subjecting any fishing vessel displaying an emblem under this Act to an additional fee payable to the Secretary of Commerce under any Federal law for carrying an observer.