ment of, and collect fees for registration permits; except that the level of such fees shall not exceed the administrative costs incurred by him in issuing such permits. "(c) Notwithstanding any other provision of law, Canadian and Japanese fishing vessels authorized to fish for anadromous species outside the fishery conservation zone pursuant to the Convention shall not be required to obtain any permit relating to such species. "SEC. 14. (a) The Secretary shall take such actions as are necessary 16 USC 1034. and appropriate to assure the full implementation of the provisions of the Convention under which the United States and the Govern ment of Japan have agreed— "(1) to carry out a marine mammal research program; "(2) to determine the effect of the salmon fishery on marine mammal populations; and "(3) to work to reduce or eliminate the taking of marine mammals incidental to fishing operations. during the research period ending on June 9, 1981. Such actions shall Regulations. include, but not be limited to, (A) the placement of observers aboard Japanese fishing vessels for purposes of making scientific observations and studies with respect to the incidental taking of marine mammals, and (B) the adoption of regulations, which conform to the provisions of the convention, governing the incidental taking of marine mammals by Japanese fishing vessels within the fishery conservation zone, including, but not limited to, regulations which require the collection of biological material and data on all marine mammals incidentally taken within such zone and the use of such gear and fishing techniques as are determined to be feasible to reduce or eliminate such incidental taking. "(b) During the research period ending on June 9, 1981, the taking of marine mammals incidental to fishing operations by Japanese vessels within the fishery conservation zone shall be regulated in accordance with paragraph 1(c) of the annex to the Convention; except that if the Secretary finds "(1) on the basis of the marine mammal research program referred to in subsection (a) (1), that the population of Dall porpoise or of any other marine mammal affected by such incidental taking is below optimum sustainable population and is not trending upward toward such level or is in danger of depletion; or "(2) that the contemplated research efforts cannot be successfully implemented or that necessary and desirable potential reductions or elimination of incidental taking of marine mammals, although feasible, are not being realized, the Secretary, acting through the Secretary of State, shall immediately initiate negotiations with the Government of Japan to modify the Convention or recommend such other action as is necessary to limit or eliminate the incidental taking of marine mammals to the extent feasible and, in any event, to the extent required to assure that such populations attain and remain at their optimum sustainable population levels. "(c) After June 9, 1981, the taking of marine mammals incidental Regulations. to fishing operations by Japanese vessels within the fishing conservation zone shall be regulated pursuant to the Marine Mammal Protec tion Act of 1972 (16 U.S.C. 1361 et seq.). Report to 16 USC 1035. Effective dates. 16 USC 1021 note. "(d) The Secretary shall submit to Congress a report, prepared in consultation with the Secretary of State, on May 1 of 1979, 1980, and 1981 which shall set forth the activities undertaken by the United States and Japan to implement the objectives referred to in subsection (a) (1), (2), and (3) and the results of such activities. The report shall detail the steps taken by both nations to implement the Convention, the results of all research and statistical reporting and analysis carried out pursuant to the Convention and a description of all enforcement activities and their disposition. The report shall include an analysis of salmon harvesting and research, estimates of the magnitude of incidental taking of Dall porpoises (Phocoenoides dalli) by Japanese fishing vessels, estimates, as possible, of the abundance, distribution, recruitment rates, status, trends, and impacts of incidental taking upon the optimum sustainable populations of Dall porpoises, and any proposals for adoption of fishing gear or techniques designed to reduce or eliminate such incidental taking. If available information is inadequate to provide the basis for such estimates or proposals, the report shall include an indication of what research efforts are needed to provide the requisite information. "SEC. 15. The Secretary, the Secretary of State, and the Secretary of the department in which the Coast Guard is operating may administer this Act consistent with the terms of the Convention on a provisional basis pending the exchange by all the contracting parties of instruments of ratification or approval of the Protocol Amending the International Convention for the High Seas Fisheries of the North Pacific Ocean, signed at Tokyo on April 25, 1978, in accordance with article II thereof.". SEC. 2. This Act, including the amendments made by this Act, shall take effect on the date of enactment of this Act, except the amendments made by paragraph (10) of the first section of this Act shall take effect on October 1, 1978. Approved July 28, 1978. LEGISLATIVE HISTORY: HOUSE REPORT No. 95–1194 (Comm. on Merchant Marine and Fisheries). CONGRESSIONAL RECORD, Vol. 124 (1978): June 6, considered and passed House. June 14, considered and passed Senate, amended. June 28, House concurred in certain Senate amendments; in others with amendments. July 13, Senate concurred in House amendments. To authorize appropriations to carry out the Fishery Conservation and Management Act of 1976 during fiscal year 1979, to provide for the regulation of foreign fish processing vessels in the fishery conservation zone, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 406 of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1882) is amended by adding at the end thereof the following new paragraph: Aug. 28, 1978 [H.R. 10732] Fishery Conservation and Management Act of 1976, amendments. "(5) $30,000,000 for the fiscal year ending September 30, 1979.". Appropriation SEC. 2. (a) Section 2(a) (7) of the Fishery Conservation and Man- authorization. agement Act of 1976 (16 U.S.C. 1801 (a) (7)) is amended by striking out "United States fishermen" and inserting in lieu thereof "the United States fishing industry". (b) Section 2(b) (6) of such Act (16 U.S.C. 1801(b)(6)) is amended by inserting immediately after "development" the following: "by the United States fishing industry". SEC. 3. Section 3 of the Fishery Conservation and Management Act Definitions. of 1976 (16 U.S.C. 1802) is amended by redesignating paragraph (25) as paragraph (27), and by inserting the following new paragraphs immediately after paragraph (24): "(25) The term 'United States fish processors' means facilities located within the United States for, and vessels of the United States used or equipped for, the processing of fish for commercial use or consumption. "(26) The term 'United States harvested fish' means fish caught, taken, or harvested by vessels of the United States within any fishery for which a fishery management plan prepared under title III or a preliminary fishery management plan prepared under 16 USC 1851. section 201 (h) has been implemented.". SEC. 4. Title II of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1821-1825) is amended as follows: (1) Section 201(a) (2) is amended by striking "(f)" and inserting in lieu thereof "(g)". (2) Section 201(c)(3) is amended by striking out "exceed" and inserting in lieu thereof "harvest an amount of fish which exceeds". (3) Section 201 is amended by redesignating subsections (f) and (g) as (g) and (h), respectively, and by inserting after subsection (e) the following new subsection: "(f) FOREIGN ALLOCATION REPORT.-The Secretary of the Treasury, in cooperation with the Secretary and the Secretary of State, shall prepare and submit a report to the Congress and the President, not later than July 1 of each year, setting forth "(1) a list of species of all allocations made to foreign nations pursuant to subsection (e) and all permits issued pursuant to section 204(b) (6) (B); and "(2) all tariff and nontariff trade barriers imposed by such nations on the importation of such species from the United States.". 16 USC 1821. Report to President. 16 USC 1824. 16 USC 1821. 16 USC 1824. Publication in (4) Section 201 (h) (1), as redesignated by paragraph (3), is amended to read as follows: "(1) shall contain a preliminary description of the fishery and a preliminary determination as to (A) the optimum yield from such fishery; "(B) when appropriate, the capacity and extent to which United States fish processors will process that portion of such optimum yield that will be harvested by vessels of the United States; and "(C) the total allowable level of foreign fishing with respect to such fishery;". (5) Section 204 (b) (3) is amended (A) by amending subparagraph (D) to read as follows: (D) the estimated amount of tonnage of fish which will be caught, taken, or harvested in each such fishery by each such vessel during the time the permit is in force;", (B) by redesignating subparagraph (E) as subparagraph (F), and (C) by inserting immediately after subparagraph (D) the following new subparagraph: "(E) the amount or tonnage of United States harvested fish, if any, which each such vessel proposes to receive at sea from vessels of the United States; and". (6) Section 204 (b) (4) is amended by striking out "such application in the Federal Register and" and inserting in lieu thereof "a notice of receipt of the application in the Federal Register. Any such notice shall summarize the contents of the applications from each nation included therein with respect to the matters described in paragraph (3) and shall be set forth under the name of each Council to which it will be transmitted for comment. The Secretary of State". (7) Section 204 (b) (6) is amended— (A) by inserting "(A)" before "After" in the first sentence thereof, (B) by inserting ", subject to subparagraph (B)," immediately after "may approve" in the second sentence thereof, and (C) by adding at the end thereof the following new subparagraph: "(B)(i) In the case of any application which specifies that one or more foreign fishing vessels propose to receive at sea United States harvested fish from vessels of the United States, the Secretary may approve the application unless the Secretary determines, on the basis of the views, recommendations, and comments referred to in subparagraph (A) and other pertinent information, that United States fish processors have adequate capacity, and will utilize such capacity, to process all United States harvested fish from the fishery concerned. "(ii) The amount or tonnage of United States harvested fish which may be received at sea during any year by foreign fishing vessels under permits approved under this paragraph may not exceed that portion of the optimum yield of the fishery concerned which will not be utilized by United States fish processors. "(iii) In deciding whether to approve any application under this subparagraph, the Secretary may take into account, with respect to the foreign nation concerned, such other matters as the Secretary deems appropriate.". (8) Section 204(b) (7) is amended by redesignating subpara- 16 USC 1824. graph (D) as subparagraph (F), and inserting immediately after subparagraph (C) the following new subparagraphs: "(D) If the permit is issued other than pursuant to an application approved under paragraph (6) (B), the restriction that the foreign fishing vessel may not receive at sea United States harvested fish from vessels of the United States. "(E) If the permit is issued pursuant to an application approved under paragraph (6) (B), the maximum amount or tonnage of United States harvested fish which may be received at sea from vessels of the United States.". SEC. 5. Title III of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1851-1861) is amended as follows: (1) Section 302 (h) (5) is amended by inserting "the capacity 16 USC 1852. and extent to which United States fish processors will process United States harvested fish from," immediately after "from,”. (2) Section 303 (a) (4) is amended (A) by striking out "and" at the end of subparagraph (A); (B) by striking out "; and" at the end of subparagraph (B) and inserting in lieu thereof ", and" and (C) by adding at the end thereof the following new subparagraph: "C) the capacity and extent to which United States fish processors, on an annual basis, will process that portion of such optimum yield that will be harvested by fishing vessels of the United States; and". (3) Section 303 (a) (5) is amended by striking out "and number of hauls." and inserting in lieu thereof "number of hauls, and the estimated processing capacity of, and the actual processing capacity utilized by, United States fish processors.". (4) Section 307 is amended (A) by striking out "and" at the end of paragraph (1)(H); (B) by striking out the period at the end of paragraph (2) and inserting in lieu thereof "; and"; and (C) by adding at the end thereof the following new paragraph: "(3) for any vessel of the United States, and for the owner or operator of any vessel of the United States, to transfer directly 16 USC 1853. 16 USC 1857. |