565 



5. Duty of Fishing Vessels to Keep Nets From Cables 



47 U.S.C. 25 



§25. Fishing vessels; duty to keep nets from cables. 

 The master of any fishing vessel who shall not 

 keep his implements or nets at a distance of at 

 least one nautical mile from a vessel engaged In 

 laying or repairing a cable; or the master of any 

 ■ fishing vessel who shall not keep his implements 

 or nets at a distance of at least a quarter of a nau- 

 tical mile I'rom a buoy or buoys intended to mark 

 the position of a cable when being laid or when 

 out of order or broken, shall be guilty of a misde- 



meanor, and on conviction thereof, shall be liable 

 to imprisonment for a term not exceeding ten days 

 or to a fine not exceeding $250, or to both such fine 

 and imprisonment, at the discretion of the court. 

 Fishing vessels, on perceiving or being able to per- 

 ceive the said signals displayed on a telegraph ship, 

 shall be allowed such time as may be necessary to 

 obey the notice thus given, not exceeding twenty- 

 four hours, during which period no obstacle shall 

 be placed in the way of their operations. (Feb. 

 29, 1888, ch. 17, § 5, 25 Stat. 42.) 



6. Employment of Certain Foreign Citizens on the Vessel 



Seafreeze Atlantic 



PX. 9i-150 (89 Stat. 807) 



To authorize the employment of certain foreign citizens 

 on the vessel Seafreeze Atlantic, Official Number 517242. 



Be it enacted by the Senate and House of Repre- 

 sentatives of the United States of America in Con- 

 gress assembled. That the Congress finds that the 

 purposes and objectives of the United States Fish- 

 ing Fleet Improvement Act, as amended (46 U.S.C. 

 1401-1413) are not being fulfilled in the case of 

 the large stern trawler Seafreeze Atlantic, OfiBcial 

 Niunber 517242 (hereafter referred to in this Act 

 as the "Seafreeze Atlantic"), a vessel of advanced 

 design built under the provisions of that Act, be- 

 cause of the unavailability of skilled United States 

 citizens or skilled aliens legally domiciled in the 

 United States who can be employed as fish proces- 

 sors and fishermen aboard such vessel. 



Sed. 2. (a) Notwithstanding any requirement of 

 item (5), section 2, of the United States Fishing 

 Fleet Improvement Act, of any other provision of 

 law, or of any provision of any contract to which 

 the United States is a party, during the four-year 

 period beginning on the date of the enactment of 

 this Act, the owner of the Seafreeze Atlantic may 

 employ foreign citizens as crew members of such 

 vessel for service as fish processors and fishermen 

 if at all times during such four-year period — 



(1) the master and all of the ofBcers of the 

 vessel are citizens of the United States; 



(2) citizens of the United States and aliens 

 legally domiciled in the United States comprise 

 not less than 40 percent of the crew; 



(3) any foreign citizen so employed is only 

 used as a fisherman or fish processor aboard the 

 vessel; and 



(4) the owner of the vessel undertakes to hire 

 and train United States citizens or aliens legally 

 domiciled in the United States as fish processors 

 or fishermen aboard the vessel in order to assure 

 a future supply of available United States citi- 



zens or aliens legally domiciled in the United 

 States who wUl be qualified as fish processors 

 or fishermen aboard advanced design trawlers, 

 (b) If at any time during such four-year period 

 the Secretary of Commerce finds that the owner of 

 the Seafreeze Atlantic is not in compliance with 

 one or more of the conditions set forth in para- 

 graphs (1) through (4) of subsection (a), the Sec- 

 retary may prohibit the owner from employing for- 

 eign citizens as crew members of such vessel for 

 such period of time as the Secretary deems 

 appropriate. • 



Sec. 3. Section 2(a) of this Act shall cease to 

 apply at the close of the four-year period referred 

 to in such section; except that if the owner of the 

 Seafreeze Atlantic provides evidence satisfactory to 

 the Secretary of Commerce that — 



(1) qualified fish processors or fishermen who 

 are citizens of the United States or aliens legally 

 domiciled in the United States will not be avail- 

 able in suflacient number for employment on the 

 vessel after the colse of such period; 



(2) he has instituted and will continue a pro- 

 gram to train United States citizens or legally 

 domiciled aliens as fish processors or fishermen; 

 and 



(3) he is making satisfactory progress, as de- 

 termined by the Secretary, in employing only 

 United States citizens or legally domiciled aliens 

 on the vessel; 



the Secretary of Commerce may permit the Sea- 

 freeze Atlantic to be operated with fishermen or 

 fish processors who are foreign citizens for such 

 additional periods and under such conditions as 

 he deems appropriate; except that the conditions 

 set forth in paragraphs (I), (2), and (3) of sec- 

 tion 2(a) shall apply during any such additional 

 period. 



Sec 4. The provisions of this Act shall not be 

 construed as an amendment of the United States 



