To bring the governing international fishery agreement with Mexico within the purview of the Fishery Conservation Zone Transition Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2 of the Fishery Conservation Zone Transition Act (Public Law 95-6) is amended (1) by striking out "and" at the end of paragraph (9); (2) by inserting "and" immediately after the semicolon at the end of paragraph (10); (3) by inserting immediately after paragraph (10) the following new paragraph: (11) the Government of Mexico Concerning Fisheries Off the Coasts of the United States, as contained in the message to Congress from the President of the United States dated October 7, 1977;"; and (4) by striking out "(10)" in the last sentence of such section and inserting in lieu thereof "(11)”. SEC. 2. The amendments made by the first section of this Act shall take effect February 27, 1977. SEC. 3. (a) (1) Section 2 of Reorganization Plan Numbered 4 of 1970 (relating to the National Oceanic and Atmospheric Administration, 84 Stat. 2090) is amended to read as follows: "(e) (1) There shall be in the Administration a General Counsel and five Assistant Administrators, one of whom shall be the Assistant Administrator for Coastal Zone Management and one of whom shall be the Assistant Administrator for Fisheries. The General Counsel and each Assistant Administrator shall be appointed by the Secretary, subject to approval of the President, and shall be compensated at a rate now or hereafter provided for level V of the Executive Schedule Pay Rates (5 U.S.C. 5316). "(2) The General Counsel shall serve as the chief legal officer for all legal matters which may arise in connection with the conduct of the functions of the Administration. "(3) The Assistant Administrator for Coastal Zone Management shall be an individual who is, by reason of background and experience, especially qualified to direct the implementation and administration of the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.). "(4) The Assistant Administrator for Fisheries shall be responsible for all matters related to living marine resources which may arise in connection with the conduct of the functions of the Administration.”. (2) Subsection (a) of section 15 of the Coastal Zone Management Repeal. Act Amendments of 1976 (15 U.S.C. 1511a) is repealed. 91 STAT. 1614 PUBLIC LAW 95-219-DEC. 28, 1977 (b) Section 5316 of title 5, United States Code, is amended by striking out paragraph (140) and inserting in lieu thereof the following new paragraphs: "(140) Assistant Administrator for Coastal Zone Management, National Oceanic and Atmospheric Administration. "(141) Assistant Administrator for Fisheries, National Oceanic and Atmospheric Administration. "(142) Assistant Administrators (3), National Oceanic and Atmospheric Administration. "(148) General Counsel, National Oceanic and Atmospheric Administration." (c) Section 5108 (a) of title 5, United States Code, is amended by striking out "3293" and inserting in lieu thereof "3301”. Approved December 28, 1977. LEGISLATIVE HISTORY: HOUSE REPORT No. 95-783 (Comm. on Merchant Marine and Fisheries). Nov. 1, considered and passed House. Nov. 3, considered and passed Senate, amended; House disagreed to Senat amendment. Nov. 29, House concurred in Senate, amendment with an amendment. June 26, 1978 [S. 2380] Intervention on the High Seas Act, amendment. 33 USC 1471 note. 33 USC 1471. Definitions. 33 USC 1472. 33 USC 1473. Consultation. To amend the Intervention on the High Seas Act to implement the protocol relating to intervention on the high seas in cases of marine pollution by substances other than oil, 1973. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Intervention on the High Seas Act (88 Stat. 8, Public Law 93-248) is amended as follows: (1) Section 2 is amended to read as follows: "SEC. 2. As used in this Act "(1) 'a substance other than convention oil' means those oils, noxious substances, liquefied gases, and radioactive substances "(A) enumerated in the protocol, or "(B) otherwise determined to be hazardous under section 4(a); "(2) convention' means the International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969, including annexes thereto; "(3) 'convention oil' means crude oil, fuel oil, diesel oil, and lubricating oil; "(4) 'Secretary' means the Secretary of the department in which the Coast Guard is operating; "(5) 'ship' means— "(A) a seagoing vessel of any type whatsoever, and "(B) any floating craft, except an installation or device engaged in the exploration and exploitation of the resources of the seabed and the ocean floor and the subsoil thereof; "(6) 'protocol' means the Protocol Relating to Intervention on the High Seas in Cases of Marine Pollution by Substances Other Than Oil, 1973, including annexes thereto; and "(7) "United States' means the States, the District of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, Guam, American Samoa, the United States Virgin Islands, the Trust Territory of the Pacific Islands, the Commonwealth of the Northern Marianas, and any other commonwealth, territory, or possession of the United States.". (2) Section 3 is amended by (A) striking the word "oil" and inserting in lieu thereof the phrase "convention oil or of the sea or atmosphere by a substance other than convention oil"; and (B) striking the word "Convention" and inserting in lieu thereof the phrase "convention, the protocol". (3) Section 4 is amended by— (A) inserting the words "human health," between the words "limited to," and "fish" and designating the existing section as subsection (b); (B) adding a new subsection (a) as follows: "(a) The Secretary, after consultation with the Administrator of the Environmental Protection Agency and the Secretary of Commerce, shall determine when a substance other than those enumerated in the protocol is liable to create a hazard to human health, to harm living resources, to damage amenities, or to interfere with other legiti mate uses of the sea.". (4) Section 10 is amended by adding a new subsection (c) as follows: 33 USC 1479. (c) With respect to intervention for a substance identified pursuant to section 4(a), the United States has the burden of establishing that, under the circumstances present at the time of the intervention, the substance could reasonably pose a grave and imminent danger analogous to that posed by a substance enumerated in the protocol.". (5) Section 13 is amended (A) in subsection (a) by striking the period at the end of the subsection and inserting in lieu thereof the phrase "and article II of the protocol and may propose amendments to the list of substances other than convention oil in accordance with article III of the protocol."; and (B) in subsection (b) by striking the words "annexes thereto❞ and inserting in lieu thereof the word "protocol". (C) by adding a new subsection (c) as follows: "(c) The President may accept amendments to the list of substances other than convention oil in accordance with article III of the protocol.". 33 USC 1482. (6) Section 15 is amended by inserting the words ", the protocol," 33 USC 1484. between the words "convention" and "and". SEC. 2. This Act shall be effective upon the date of enactment, or upon the date the protocol becomes effective as to the United States, whichever is later. Effective date. 33 USC 1487 note. Approved June 26, 1978. LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1238 accompanying H.R. 188 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 95-785 (Comm. on Commerce, Science, and Transportation). May 11, considered and passed Senate. June 5, considered and passed House, amended, in lieu of H.R. 188. June 30, 1978 (H.R. 11465] U.S. Coast To authorize appropriations for the United States Coast Guard for fiscal year 1979, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That funds are hereby authorized to be appropriated for necessary expenses of the United States Coast Guard for fiscal year 1979, as follows: (1) For the operation and maintenance of the Coast Guard, including expenses related to the Capehart housing debt reduction: $969,906,000; (2) For the acquisition, construction, rebuilding, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto: $379,954,000 to remain available until expended; (3) For the alteration or removal of bridges over navigable waters of the United States, constituting obstructions to navigation: $34,603,000, to remain available until expended; and (4) For research, development, fest, and evaluation: $25,000,000, to remain available until expended. SEC. 2. For fiscal year 1979, the Coast Guard is authorized an end of year strength for active duty personnel of 39,331: Provided. That the ceiling shall not include members of the Ready Reserve called to active duty under the authority of section 764 of title 14, United States Code. SEC. 3. For fiscal year 1979, average military training students loads for the Coast Guard are authorized as follows: (1) recruit and special training: 3,962 students; (2) flight training: 95 students; (3) professional training in military and civilian institutions: 436 students; and (4) officer acquisitions: 952 students. SEC. 4. Section 30 of the Federal Boat Safety Act of 1971 (46 U.S.C. 1479) is amended by striking out "and 1978," and inserting in lieu thereof ", 1978, 1979, and 1980,". SEC. 5. The Coast Guard is authorized to enter into a long-term lease in excess of one fiscal year for the purpose of acquiring a site on the Quillayute Indian Reservation in the State of Washington so that the Quillayute River Coast Guard Station may be relocated: Provided, That any such agreement entered into pursuant to this section shall be effective only to such extent or in such amounts as are provided in advance in appropriation Acts. The Coast Guard is also authorized to expend, commencing with fiscal year 1979, appropriated funds for the construction of fixed facilities and improvements on such land leased from the Quillayute Indians. SEC. 6. Subsection (b) of the first section of the Act of August 27, 1935 (relating to load lines for certain vessels) (46 U.S.C. 88(b)), is amended by (1) striking out "All" and inserting in lieu thereof "The requirements of this Act shall not apply to (1) all"; (2) striking out "except those constructed after the effective date of this subsection or those converted to either of such services after 5 years from the effective date of this subsection and" and inserting in lieu thereof |