Public Law 96-61 96th Congress An Act To authorize appropriations to carry out the Fishery Conservation and Management Aug. 15, 1979 [S. 917] and authorization. "Fisheries." Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 406 of Fishery the Fishery Conservation and Management Act of 1976 (16 U.S.C. Conservation 1882) is amended by inserting at the end thereof the following: Management “(6) $33,000,000 for the fiscal year ending September 30, 1980. Act of 1976, “(7) $40,000,000 for the fiscal year ending September 30, 1981. amendment. "(8) $47,000,000 for the fiscal year ending September 30, 1982.". Appropriation SEC. 2. Section 4311(a) of the Revised Statutes of the United States (46 U.S.C. 251(a)) is amended by adding at the end thereof the following new sentence: "For the purposes of this subsection, the term 'fisheries' shall include the planting, cultivation, catching, taking, or harvesting of fish, shellfish, marine animals, pearls, shells, or marine vegetation at any place within the fishery conservation zone established by section 101 of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1811).". SEC. 3. (a) Section 201(e) of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1821(e)) is amended (1) by redesignating paragraphs (1) through (4) as subparagraphs (A) and (D), respectively; (2) by inserting "(1)" immediately after "ALLOCATION OF ALLOWABLE LEVEL.-"; and (3) by adding at the end thereof the following new paragraph: "(2)(A) For the purposes of this paragraph "(i) The term 'certification' means a certification made by "Certification." the Secretary that nationals of a foreign country, directly or indirectly, are conducting fishing operations or engaging in trade or taking which diminishes the effectiveness of the International Convention for the Regulation of Whaling. A certification under this section shall also be deemed a certification for the purposes of section 8(a) of the Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)). "(ii) The term 'remedial period' means the 365-day period beginning on the date on which a certification is issued with respect to a foreign country. "Remedial period." "(B) If the Secretary issues a certification with respect to any Allocation, foreign country, then each allocation under paragraph (1) that— reduction. "(i) is in effect for that foreign country on the date of issuance; or "(ii) is not in effect on such date but would, without regard to this paragraph, be made to the foreign country within the remedial period; shall be reduced by the Secretary of State, in consultation with the Secretary, by not less than 50 percent. "(C) The following apply for purposes of administering subparagraph (B) with respect to any foreign country: eallocation. 2 USC 1978. USC 1824. "(i) If on the date of certification, the foreign country has harvested a portion, but not all, of the quantity of fish specified under any allocation, the reduction under subparagraph (B) for that allocation shall be applied with respect to the quantity not harvested as of such date. "(ii) If the Secretary notified the Secretary of State that it is not likely that the certification of the foreign country will be terminated under section 8(d) of the Fishermen's Protective Act of 1967 before the close of the period for which an allocation is applicable or before the close of the remedial period (whichever close first occurs) the Secretary of State, in consultation with the Secretary, shall reallocate any portion of any reduction made under subparagraph (B) among one or more foreign countries for which no certification is in effect. "(iii) If the certification is terminated under such section 8(d) during the remedial period, the Secretary of State shall return to the foreign country that portion of any allocation reduced under subparagraph (B) that was not reallocated under clause (ii); unless the harvesting of the fish covered by the allocation is otherwise prohibited under this Act. "(iv) The Secretary may refund or credit, by reason of reduction of any allocation under this paragraph, any fee paid under section 204. "(D) If the certification of a foreign country is not terminated under section 8(d) of the Fishermen's Protective Act of 1967 before the close of the last day of the remedial period, the Secretary of State "(i) with respect to any allocation made to that country and in effect (as reduced under subparagraph (B)) on such last day, shall rescind, effective on and after the day after such last day, any harvested portion of such allocation; and "(ii) may not thereafter make any allocation to that country under paragraph (1) until the certification is terminated.". (b) Section 8 of the Fishermen's Protective Act of 1967 (22 U.S.C. 1978) is amended (1) by amending subsection (a) by redesignating paragraph (3) as paragraph (4), and by inserting immediately after paragraph (2) the following new paragraph: "(3) In administering this subsection, the Secretary of Commerce or the Secretary of the Interior, as appropriate, shall "(A) periodically monitor the activities of foreign nationals that may affect the international programs referred to in paragraphs (1) and (2); "(B) promptly investigate any activity by foreign nationals that, in the opinion of the Secretary, may be cause for certification under paragraph (1) or (2); and "(C) promptly conclude; and reach a decision with respect to; any investigation commenced under subparagraph (B).". (2) by redesignating subsections (d) through (g) as subsections (e) through (h), respectively; and (3) by adding immediately after subsection (c) the following new subsection: "(d) After making a certification to the President under subsection (a), the Secretary of Commerce or the Secretary of the Interior, as the case may be, shall periodically review the activities of the nationals of the offending country to determine if the reasons for which the certification was made no longer prevail. Upon determining that Publication in such reasons no longer prevail, the Secretary concerned shall termi- Federal Register. nate the certification and publish notice thereof, together with a statement of the facts on which such determination is based, in the Federal Register.". SEC. 4. Notwithstanding the provisions of section 4132 of the Widow Maker, Revised Statutes of the United States (46 U.S.C. 11), or any other documentation. provision of law, the Secretary of the department in which the United States Coast Guard is operating shall cause the vessel Widow Maker, owned by Strohe Brothers of Lake Charles, Louisiana, to be documented as a vessel of the United States, upon compliance with the usual requirements, with the privilege of engaging in the coastwide trade and the fisheries so long as such vessel is owned by a citizen of the United States. Approved August 15, 1979. LEGISLATIVE HISTORY: HOUSE REPORT No. 96-170 accompanying H.R. 1798 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 96-72 (Comm. on Commerce, Science, and Transportation). Apr. 30, considered and passed Senate. June 25, H.R. 1798 considered and passed House; passage vacated and S. 917, Aug. 1, Senate concurred in House amendment; action vitiated and Senate Aug. 2, House concurred in Senate amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 15, No. 33: Sept. 27, 1979 [H.R. 111] nama Canal t of 1979. USC 3601 ite. To provide for the operation and maintenance of the Panama Canal under the Be it enacted by the Senate and House of Representatives of the SHORT TITLE SECTION 1. This Act may be cited as the "Panama Canal Act of 1979". 1201. Definitions. 1202. Appointment and compensation; duties. 1203. Transfer of Federal employees. 1204. Compensation of individuals in the uniformed services. 1205. Deduction from basic pay of amounts due for supplies or services. 1206. Cost of living allowance. 1207. Educational travel benefits. 1208. Privileges and immunities of certain employees. 1209. Inapplicability of certain benefits to certain noncitizens. 1211. Definitions. Subchapter II-Wage and Employment Practices 1212. Panama Canal Employment System; merit and other employment require ments. Sec. 1216. Uniform application of standards and rates. 1217. Recruitment and retention remuneration. 1218. Benefits based on basic pay. 1219. Salary protection upon conversion of pay base. 1220. Review and adjustment of classifications, grades, and pay level. 1221. Panama Canal Board of Appeals; duties. 1222. Appeals to Board; procedure; finality of decisions. 1223. Administration by the President. 1224. Applicability of certain laws. 1225. Minimum level of pay; minimum annual increases. Subchapter III-Conditions of Employment and Placement 1231. Transferred or reemployed employees. 1232. Placement. Subchapter IV-Retirement 1241. Early retirement eligibility. 1242. Early retirement computation. 1243. Retirement under special treaty provisions. 1244. Obligation of Commission for unfunded liability. 1245. Cash relief to certain former employees. 1246. Appliances for employees injured before September 7, 1916. Subchapter V-Leave 1251. Leave for jury or witness service. Subchapter VI-Application to Related Personnel 1261. Law enforcement; Canal Zone Civilian Personnel Policy Coordinating Board; related employees. Subchapter V-Accounts With the Republic of Panama 1341. Payments to the Republic of Panama. 1342. Transactions with the Republic of Panama. 1343. Disaster relief. 1844. Congressional restraints on property transfers and tax expenditures. |