Summary: S.1988 — 93rd Congress (1973-1974)All Information (Except Text)

Bill summaries are authored by CRS.

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Passed Senate amended (12/11/1974)


Emergency Marine Fisheries Protection Act - Declares the purposes of this Act, including: to take emergency action to protect specified fishes until an international agreement on fishery jurisdiction comes into force. Defines the terms used in this Act.

Establishes a fishery zone contiguous to the territorial sea of the United States in which exclusive fishery management responsibility and authority shall be exercised. Sets the limits of such zone. States that such authority, with respect to anadromous species, extends to such species wherever found throughout the migratory range of such species, except it shall not extend to within the territorial waters or contiguous fishery zone of any other nation.

Provides that the United States shall manage and conserve, and have perferential rights to fish within the contiguous fishery zone. Authorizes the Secretary of Commerce and the Secretary of State to authorize fishing within the contiguous fishery zone of the United States. Provides that the allowable level of traditional foreign fishing shall be set upon the basis of the portion of any stock which cannot be harvested by citizens of the United States.

Makes it unlawful for any non-citizen of the U.S. to own or operate a fishing vessel engaged in fishing in the contiguous fishery zone of the U.S. or for anadromous species of fish.

Establishes a Fisheries Management Council consisting of 11 members. Sets forth the powers and functions of the Council with respect to marine fisheries management and conservation.

Requires the Secretary of State to initiate and conduct negotiations with any foreign nation which is engaged in, or whose citizens are engaged in, fishing in the contiguous fishery zone of the United States or for anadromous species for the purpose of entering into agreements to effectuate the purposes, policy, and provisions of this Act relating to the management and conservation of fishes.

Declares it to be the sense of Congress that the U.S. Government shall not recognize the contiguous fishery zone limits of any foreign nation beyond 12 nautical miles unless such nation recognizes specified traditional fishing rights of citizens of the United States.

Prohibits specified activities in contravention of this Act. Imposes civil penalties, (of up to $25,000 per day), criminal penalties, and civil forfeiture penalties for violations of this Act.

Provides for the enforcement of the provisions of this Act, conferring exclusive jurisdiction on the district courts of the United States over all cases or controversies arising under this Act.

Authorizes appropriations for carrying out the provisions of this Act.

Authorizes the Secretary of Commerce, under the Fish and Wildlife Act of 1956, to: (1) compensate owners and operators whose fishing vessels or gear have been destroyed by foreign fishing vessels operating in waters superjacent to the Continental Shelf of the United States; and (2) investigate each incident as a result of which such a loan is made.