FISHERIES LEGISLATION

TUESDAY, JULY 15, 1958

UNITED STATES SENATE,

COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE,

Washington, D. C.

The committee met, at 10 a. m., in room G-16, United States Capitol, Hon. Frederick G. Payne presiding.

Senator PAYNE. The committee will be in order.

Several members of the committee have indicated that they are coming to the hearings, but they have not yet arrived; because we do have a fairly sizable number of witnesses who wish to be heard on these several bills, we should get underway.

I extend thanks to you folks, on behalf of the committee, for turning out here and taking an interest in the legislation that is under consideration during the course of these hearings.

In order that individuals need not have to stay for testimony on each and every bill as it comes up, I think that as a witness testifies, and may wish to be heard on more than one of the bills under consideration, if he would give his statements with regard to each piece of legislation, the reporter will see to it that they are placed in their proper position in connection with the hearings on the individual bill. I will place in the record at this point statements that I have prepared in connection with S. 237, S. 2973, and S. 3530.

The first one has to do with the regulation of interstate transportation of and defining the term "lobster." The second one deals with establishing a Fisheries Extension Service. And the third one is to exempt fishermen from the antitrust laws.

Is there any objection from any individual attending the hearings this morning to the procedure that I have outlined?

We want to make it as convenient as possible for you. We would like to have you stay all the way through.

(The bills and comments referred to follow :)

[S. 237, 85th Cong., 1st sess.]

A BILL To regulate the interstate transportation of lobsters, and to define the term "lobster" for the purpose of the Federal Food, Drug, and Cosmetic Act

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE I-INTERSTATE SHIPMENT OF LOBSTERS

SEC. 101. When used in this title the word

(1) "Lobster" shall mean one of that species of decapod crustaceans of the genus Homarus known as Homarus americanus which is found in the Atlantic waters contiguous to the North American coast line from the vicinity of Henley Harbor, Labrador, on the north, to the vicinity of Cape Hatteras, North Carolina, Staff member assigned to this hearing: Harry Huse.

1

on the south, and is distinguished from others in having twenty pairs of gills, and in having its first three pairs of legs terminating in chelae, or pincers, the first pair of which are large and massive; and

(2) "Person" includes a company, partnership, corporation, association, and common carrier.

SEC. 102. It shall be unlawful for any person to deliver or knowingly receive for transportation, or knowingly to transport, by any means whatsoever, from any foreign country to any State, Territory, or the District of Columbia, or from any State, Territory, or the Distict of Columbia, to or through any other State, Territory, or the District of Columbia, or to or through any foreign country, any lobster, if (1) such transportation is contrary to the law of the State, Territory, or the District of Columbia from which such lobster is or is to be transported, or is contrary to other applicable law, or (2) such lobster has been either caught, killed, taken, sold, purchased, possessed, or transported, at any time, contrary to the law of the State, Territory, or the District of Columbia in which it was caught, killed, taken, sold, purchased, or possessed, or from which it was transported or contrary to other applicable law, or (3) such lobster is less than three and one-sixteenth inches measured from the rear end of the eye socket along a line parallel to the center line of the body shell to the rear end of such body shell; and no person shall knowingly purchase or receive any such lobster which has been transported in violation of the provisions of this title; nor shall any person receiving any shipment of lobster transported in interstate commerce make any false record or render a false account of the contents of such shipment. SEC. 103. Any package or container containing lobster transported or delivered for transportation in interstate commerce shall be clearly and conspicuously marked on the outside thereof with the name "lobster" and the names and addresses of the shipper and consignee.

SEC. 104. Any lobster transported into any State, Territory, or the District of Columbia for use, consumption, sale, or storage therein shall upon arrival in such State, Territory, or the District of Columbia be subject to the operation and effect of the laws of such State, Territory, or the District of Columbia to the same extent and in the same manner as though such lobster had been produced in such State, Territory, or the District of Columbia, and shall not be exempt therefrom by reason of being introduced therein in an original package or otherwise.

SEC. 105. The Secretary of the Interior is authorized (1) to make such expenditures, including expenditures for personal services at the seat of Government and elsewhere, and for cooperation with local, State, and Federal authorities, including the issuance of publications, and necessary investigations, as may be necessary to execute the functions imposed upon him by this title and as may be provided for by Congress from time to time; and (2) to make such regulations as he deems necessary to carry out the purposes of this title. Any person violating any such regulation shall be deemed guilty of a violation of this title.

SEC. 106. (a) Any employee of the Department of the Interior authorized by the Secretary of the Interior to enforce the provisions of this title (1) shall have power, without warrant, to arrest any person committing in the presence of such employee a violation of this title or any regulation made in pursuance of this title, and to take such person immediately for examination or trial before an officer or court of competent jurisdiction; (2) shall have power to execute any warrants or other process issued by an officer or court of competent jurisdiction to enforce the provisions of this title or regulations made in pursuance thereof; and (3) shall have authority with a search warrant issued by an officer or court of competent jurisdiction, to make search in accordance with the terms of such warrant. Any judge of a court established under the laws of the United States, or any United States commissioner may, within his respective jurisdiction, upon proper oath or affirmation showing probable cause, issue warrants in all such cases.

(b) Any lobster delivered for transportation or which has been transported, purchased, received, or which is being transported, in violation of this title, or any regulations made pursuant thereto, shall, when found by such employee or by any marshall or deputy marshal, be summarily seized by him and placed in the custody of such persons as the Secretary of the Interior shall by regulations prescribe, and shall, as a part of the penalty and in addition to any fine or imprisonment imposed under section 107 of this title, be forfeited by such court to the United States upon conviction of the offender under this title, or upon judgment of the court that the same was transported, delivered, purchased, or received in violation of this title or regulations made pursuant thereto.

SEC. 107. In addition to any forfeiture herein provided, any person who shall violate any of the provisions of this title shall, upon conviction thereof, be

punished by a fine of not exceeding $200, or imprisonment for a term of not more than three months, or by both such fine and imprisonment, in the discretion of the court.

SEC. 108. Nothing in this title shall be construed to prevent the several States and Territories from making or enforcing laws or regulations not inconsistent with the provisions of this title, or from making or enforcing laws or regulations which shall give further protection to lobsters.

TITLE II-DEFINITION OF LOBSTER FOR PURPOSES OF FEDERAL FOOD, DRUG, AND COSMETIC ACT

SEC. 201. For the purposes of the Federal Food, Drug, and Cosmetic Act the word "lobster" shall mean, and be included in the common and usual name of, only that species of decapod crustaceans of the genus Homarus known as Homarus americanus which is found in the Atlantic waters contiguous to the North American coast line from the vicinity of Henley Harbor, Labrador, on the north, to the vicinity of Cape Hatteras, North Carolina, on the south. This species is distinguished from others in having twenty pairs of gills, and in having its first three pairs of legs terminating in chelae, or pincers, the first pair of which are large and massive. The word "lobster" shall not be included in the common and usual name of (1) such similar species of Homaridae as the Nephrops, norvegicus, commonly found in the waters of Norway, and the Homarus gammarus, common to the waters of Europe; (2) members of the family Palinuridae, including the representative genera Panulirus, Jasus, and Palinurus which have sometimes been called by such terms as rock lobster, spiny lobster, sea-crawfish, red lobster, thorny lobster, langouste, crayfish, Sydney crayfish and Kreef; (3) members of the Scyllaridae family, sometimes referred to as the Spanish lobster or bear crab; or (4) the fresh water crayfish, or crawfish of the Austroastacidae, Parastacidae, and Estacidae families.

[S. 2719, 85th Cong., 1st sess.]

A BILL To provide for the payment of bounties for the control of certain predators on salmon and halibut of the Pacific coast and Alaska

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to aid in the rehabilitation of the salmon and halibut fisheries of the Pacific coast and Alaska, the Secretary of the Interior is authorized to establish areas along the Pacific coast and Alaska in which various predators on salmon and halibut are found, and to provide for the payment of bounties for the control of such predators as hereinafter provided. SEC. 2. (a) The Secretary of the Interior shall pay the following bounties in the areas established by him pursuant to the first section hereof:

$10.00 per ton for unlivered dogfish sharks, or 10 cents a pound for dogfish livers.

$20.00 per ton for lamprey eels taken from the Columbia River and other rivers of the Pacific Coast; and

$40.000 per ton for hair seals and sea lions.

(b) The payments made under subsection (a) of this section with respect to dogfish sharks, lamprey eels, hair seals, and sea lions shall be made to domestic fish producers or otherwise as the Secretary of the Interior shall determine. SEC. 3. The Secretary of the Interior is further authorized to initiate such programs of control as he deems to be desirable in the public interest with respect to beluga whales and other predators on the salmon resources of Alaska, including such fish-eating birds as he determines to be destructive to such resources. SEC. 4. There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.

[S. 2973, 85th Cong., 2d sess.]

A BILL To authorize the Secretary of the Interior to establish a fishery extension service in the Fish and Wildlife Service of the Department of the Interior for the purpose of carrying out cooperative fishery extension work with the States, Territories, and possessions

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to aid in diffusing among the people of the United States useful and practical information on subjects relating

to the fishing industry, and to encourage the application of such information, the Secretary of the Interior (hereinafter referred to as the "Secretary") is authorized and directed to inaugurate a fishery extension service in connection with colleges and universities receiving grants under the provisions of the Act entitled "An Act to promote the fishing industry in the United States and its Territories by providing for the training of needed personnel in such industry," approved August 8, 1956 (70 Stat. 1126), and in connection with such other public and nonprofit private colleges and universities as the Secretary deems appropriate in carrying out the purposes of this Act. Such extension service shall be carried out through the United States Fish and Wildlife Service, Department of the Interior.

SEC. 2. Cooperative fishery extension work shall consist of (1) the giving of instruction and practical demonstrations in fishery and subjects relating thereto to persons engaged in commercial fishing or desiring to engage in commercial fishing, and who are not attending or resident in a college or university, (2) the imparting of information on such subjects through demonstrations, publications, and otherwise, and (3) aid for the necessary printing and distribution of information in connection with the foregoing; such work to be carried on in such manner as may be mutually agreed upon by the Secretary and the college or university concerned.

SEC. 3. (a) There are authorized to be appropriated for the purpose of carrying out the program provided for in this Act such sums as the Congress may from time to time determine to be necessary.

(b) Any amount appropriated for the purpose of carrying out the provisions of this Act, except such amounts as may be appropriated pursuant to subsection (d) of this section, shall be apportioned on an equitable basis, as determined by the Secretary, among the several States, Territories, and possessions. In making such apportionment the Secretary shall take into account the extent of the fishing industry within each State, Territory, and possession as compared with the total fishing industry of the United States (including Territories and possessions), and such other factors as may be relevant in view of the purposes of this Act.

(c) No payment shall be made under the provisions of this Act in any year to a State, Territory, or possession until a sum equal to the sum ascertained by the Secretary to be available for payment to such State, Territory, or possession for such year has been appropriated for such year by the legislature of such State, Territory, or possession, or provided by State, county, college, local authority, or individual contributions from within the State, Territory, or possession for maintenance of the cooperative fishery extension work provided for in this Act. (d) The United States Fish and Wildlife Service shall receive such amounts as the Congress shall determine for administration, technical, and other services and for coordinating the extension work of such Service in the States, Territories, and possessions.

SEC. 4. On or about the first day of July in each year, beginning with the fiscal year 1958, the Secretary shall ascertain as to each State, Territory, and possession whether it is entitled to receive its share of the annual appropriation for cooperative fishery extension work under this Act and the amount which it is entitled to receive. Before the funds herein provided shall become available to any State, Territory, or possession for any fiscal year, plans for the work to be carried on under this Act shall be submitted by the proper official of each such State, Territory, or possession indicating which colleges and universities of such State, Territory, or possession are to receive benefits under the provisions of this Act, and the specific manner in which such college or university intends to use such funds. Such sums shall be paid in equal semiannual payments on the first day of January and July of each year to the treasurer or other officer of the State, Territory, or possession duly authorized by the laws of the State, Territory, or possession to receive the same.

SEC. 5. (a) If any portion of the moneys received by the designated officer of any State, Territory, or possession, for the support and maintenance of cooperative fishery extension work, as provided in this Act, shall by any action or contingency be diminished or lost or be misapplied, it shall be replaced by such State, Territory, or possession, and until so replaced no subsequent appropriation shall be appropriated or paid to such State, Territory, or possession.

(b) No portion of any moneys paid to any State, Territory, or possession under this Act shall be applied directly or indirectly, to the purchase, erection, preservation, or repair of any building or buildings, or the purchase or rental of land, or any other purpose not specified in this Act.

(c) It shall be the duty of each State, Territory, or possession receiving benefits under the provisions of this Act to submit to the Secretary annually, on or about the first day of January, a full and detailed report of the operation of the extension work carried on by the colleges and universities of such State, Territory, or possession, receiving benefits under the provisions of this Act, including a detailed statement of receipts and expenditures from all sources with respect to such work.

SEC. 6. If the Secretary finds that a State, Territory, or possession is not entitled to receive its share of the annual appropriation, the facts and reasons: therefor shall be reported to the President, and the amount involved shall be kept separate in the Treasury until the expiration of the Congress next succeed-ing a session of the legislature of the State, Territory, or possession from which funds have been withheld in order that the State, Territory, or possession may, if it should so desire, appeal to Congress from the determination of the Secretary. If the next Congress shall not direct such sum to be paid, it shall be covered into the Treasury.

SEC. 7. The Secretary shall make an annual report to Congress of the receipts, expenditures, and results of the cooperative fishery extension work in all of the States, Territories, and possessions receiving the benefits of this Act, and also whether the appropriation of any State, Territory, or possession has been withheld, and if so, the reason therefor.

SEC. 8. The Secretary is authorized to make such rules and regulations as may be necessary for carrying out the provisions of this Act.

[S. 3229, 85th Cong., 2d sess.]

A BILL To provide a five-year program of assistance to enable depressed segments of the fishing industry in the United States to regain a favorable economic status, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Federal Fisheries Assistance Act of 1958."

PURPOSE

SEC. 2. It is the purpose of this Act to supplement the Fish and Wildlife Act of 1956 (70 Stat. 1119; 16 U. S. C. 742a) by authorizing direct assistance to any segment of the domestic fishing industry found to be threatened with or suffering from injury occasioned by a trade-agreement concession from which "escape clause" relief, as authorized by section 7 (c) of the Trade Agreements Extension Act of 1951, as amended (65 Stat. 74; 19 U. S. C. 1364 (c)), has been or hereafter may be withheld because of considerations affecting the Nation's security or because of other overriding considerations in the national interest. Direct assistance in the form of loans, grants-in-aid, and incentive payments, as herein authorized, is designed to aid the industry so affected to improve its methods of catching, handling, and preserving and processing fish and to improve the quality of its products and thus attain and maintain a better competitive position with relation to foreign produced fishery products of like character through the repair, alteration, improvement, modernization, replacement, and construction of fishing vessels and gear, fish preservation equipment, processing plants, and other equipment and facilities used in catching, handling, processing, packaging, and marketing of domestically produced fish and fishery products derived from the species upon which the adversely affected industry is dependent. Additional purposes of this Act are to provide assistance in the reconditioning, equipping, and outfitting of existing fishing vessels and the construction, equipping, and outfitting of new fishing vessels; to promote higher standards of safety; and through the provision of an inspection and grading service to improve and standardize the quality of domestically produced fishery products.

DEFINITIONS

SEC. 3. As used in this Act, the term

(1) "Secretary" means the Secretary of the Interior or his authorized representative;

(2) "Fish" includes finfish, mollusks, crustacea, other aquatic animals, and aquatic plants;

(3) "Fishing vessel owner" means and is limited to any individual, partnership, corporation, or association holding title to or an interest in a fishing vessel,

i