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CENTRAL, WESTERN, AND SOUTH PACIFIC FISHERIES DEVELOPMENT ACT

[Public Law 92-444, Approved Sept. 29, 1972, 86 Stat. 744]

[Amended through Public Law 101-627, Nov. 28, 1990]

AN ACT To authorize a program for the development of tuna and other latent fisheries resources in the Central, Western, and South Pacific Ocean.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That [16 U.S.C. 758e note] this Act may be cited as the "Central, Western, and South Pacific Fisheries Development Act".

SEC. 2. [16 U.S.C. 758e] The Secretary of Commerce (hereafter referred to in this Act as the "Secretary") is authorized to carry out, directly or by contract, with the Pacific Fisheries Development Foundation or other agency or organization, a program for the development of the tuna and other latent fisheries resources of the Central, Western, and South Pacific Ocean. The program shall include, but not be limited to, exploration for, and stock assessment of, tuna and other fish; improvement of harvesting techniques; gear development; biological resource monitoring; and an economic evaluation of the potential for tuna and other fisheries in such area.

SEC. 3. [16 U.S.C. 758e-1] In carrying out the purposes of this Act, the Secretary shall consult, and may otherwise cooperate, with the Secretary of the Interior, the Secretary of State, the State of Hawaii and other affected States, the governments of American Samoa and Guam, the Office of the High Commissioner of the Trust Territory of the Pacific Islands, the Commonwealth of the Northern Mariana Islands, educational institutions, the commercial fishing industry, and all appropriate member nations of a South Pacific regional fishery agency (hereinafter referred to in this Act as the "agency"), if such an agency is formed.

SEC. 4. [16 U.S.C. 758e-1a] In addition to the authority granted in section 2, the Secretary, in consultation with representatives of all interested member nations of the agency, and those parties set forth in section 3, may establish in accordance with section 2, a cooperative program for the development of tuna and other latent fisheries resources of the Central, Western, and South Pacific Ocean to be submitted to the President and the Congress within one year following official formation of the agency. The Secretary shall make available to all interested member nations of the agency the results and findings of research or development projects carried out under this Act.

[SEC. 5. Repealed by sec. 102 of P.L. 99-386 (100 Stat. 821).] SEC. 6. [16 U.S.C. 758e-3] The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this Act. Any contract entered into pursuant to section 2 of this Act

shall be subject to such terms and conditions as the Secretary deems necessary and appropriate to protect the interests of the United States.

SEC. 7. [16 U.S.C. 758e-4] As used in this Act, the term "Central, Western, and South Pacific Ocean" means that area of the Pacific Ocean between latitudes 30 degrees north to 30 degrees south and from longitudes 120 degrees east to 130 degrees west.

SEC. 8. [16 U.S.C. 758e-5] There is authorized to be appropriated for the period beginning July 1, 1973, and ending June 30, 1976, the sum of $3,000,000, and for the period beginning July 1, 1976, and ending September 30, 1979, the sum of $4,000,000, and for each of the fiscal years 1980, 1981, 1982, 1983, 1984, 1985, 1986, 1987, 1988,1 1989, 1990, 1991, 1992, 1993, 1994, and 1995, the sum of $5,000,000, to carry out the purposes of this Act. Sums appropriated pursuant to this section shall remain available until expended.

1 The amendment made by P.L. 101-627 which directed the amendment to be made to section

7 was carried out to section 8 to reflect the probable intent of Congress and the renumbering of section 7 as 8 by P.L. 95–295.

NORTHERN PACIFIC HALIBUT ACT OF 1982

NORTHERN PACIFIC HALIBUT ACT OF 1982

[Public Law 97–176, Approved May 17, 1982, 96 Stat. 78]

[Amended through Public Law 102-251, Mar. 9, 1992]

AN ACT To give effect to the Protocol Amending the Convention for the Preservation of the Halibut Fishery of the Northern Pacific Ocean and Bering Sea, signed at Washington, March 29, 1979.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That [16 U.S.C. 773 note] this Act may be cited as the "Northern Pacific Halibut Act of 1982".

SEC. 2. [16 U.S.C. 773] As used in this Act the term:

(a) "Convention” means the Convention between the United States of America and Canada for the Preservation of the Halibut Fishery of the Northern Pacific Ocean and Bering Sea, signed at Ottawa, Canada on March 2, 1953, as amended by the Protocol Amending the Convention, signed at Washington March 29, 1979, and includes the regulations promulgated thereunder.

(b) "Commission" means the International Pacific Halibut Commission provided for by article III of the Convention.

(c) 1 "Fishery conservation zone" means the fishery conservation zone of the United States established by section 101 of the Magnuson Fishery Conservation and Management Act of 19762 (16 U.S.C. 1801 et seq.).

(d) "Convention waters" means the maritime areas off the west coast of the United States and Canada described in article I of the Convention.

(e) "Halibut" means fish of the species Hippoglossus stenolepis inhabiting Convention waters.

1 Effective upon the date on which the Agreement between the United States and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for the United States, section 302(a)(1) of Public Law 102-251 amends section 2(c) to read as follows:

"(c) 'Exclusive economic zone' means the zone established by Proclamation Numbered 5030, dated March 10, 1983. For purposes of applying this Act, the inner boundary of that zone is a line coterminous with the seaward boundary of each of the coastal States.". Section 302(a)(2) of such Public Law adds at the end of section 2 the following:

"(h) 'Special areas' means the areas referred to as eastern special areas in Article 3(1) of the Agreement between the United States of America and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990; in particular, the term refers to those areas east of the maritime boundary, as defined in that Agreement, that lie within 200 nautical miles of the baselines from which the breadth of the territorial sea of Russia is measured but beyond 200 nautical miles of the baselines from which the breadth of the territorial sea of the United States is measured.".

2 Section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1997 (Division A, title II of P.L. 104-208; 110 Stat. 3009-41) changed (by amendment) the short title of such Act to the Magnuson-Stevens Fishery and Conservation and Management Act and provided that "all references to the Magnuson Fishery Conservation and Management Act shall be redesignated as references to the Magnuson-Stevens Fishery Conservation and Management Act". Since such section did not actually amend each occurrence of the short title in law, the former short title appears here.

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