84 STAT. 308 74 Stat. 212. 46 USC 1403. 78 Stat. 614. Ante, p. 307. Transfer of vessels. 74 Stat. 214. "Citizen of the United States." 41 Stat. 1008. 46 USC 803. "Remodeling." Appropriation. 74 Stat. 214; 78 Stat. 614. vessel for which an application is received in such years and approved under section 3 of this Act for the remodeling of any vessel, a construction subsidy of not more than 35 per centum of the lowest responsible bid for the remodeling of such vessel as a fishing vessel in a shipyard of the United States, as determined and certified to the Secretary by the Maritime Administrator, excluding the costs, if any, of any feature incorporated in the vessel for national defense uses which costs shall be paid by the Department of Defense in addition to such subsidy. The amount of such subsidy for each such vessel shall be determined and certified to the Secretary by the Maritime Administrator based on the periodic survey conducted under subsection (a) of this section." SEC. 4. Section 7 of the United States Fishing Fleet Improvement Act, as amended (46 U.S.C. 1407), is amended by inserting after the first sentence thereof a new sentence to read as follows: "Beginning on the date of enactment of this sentence, if the applicant disapproves the lowest responsible domestic bid certified by the Maritime Administrator for convenience or other reasons, the Secretary may permit the applicant to accept another responsible domestic bid and agree to pay a construction subsidy under subsection (b) or (c) of section 5 of this Act which shall not exceed the amount the Secretary would have paid if the applicant had accepted the lowest responsible domestic bid." SEC. 5. Section 9 of the United States Fishing Fleet Improvement Act, as amended (46 U.S.C. 1409), is amended by changing the first sentence thereof to read as follows: "The Secretary, in the exercise of his discretion, after notice and a public hearing, may approve the transfer of any vessel constructed with the aid of a subsidy to another fishery when, as determined by the Secretary, the operations of such vessel are shown to be uneconomical or less economical either because of an actual decline of the resource in the particular fishery or fisheries in which such vessel operates, or because of changed market conditions or a combination of these factors, and where he determines that such transfer would not cause economic hardship to operators of efficient vessels already operating in the fishery to which the vessel would be transferred, or where he determines that such transfer would enable such vessel to operate in a newly developed fishery not yet utilized to its capacity by operators of efficient vessels." SEC. 6. (a) Paragraph (3) of section 11 of the United States Fishing Fleet Improvement Act, as amended (46 U.S.C. 1411(3)), is amended to read as follows: "(3) 'citizen of the United States' includes a corporation, partnership, or association if it is a citizen of the United States within the meaning of section 2 of the Shipping Act, 1916 (39 Stat: 729), as amended (46 U.S.C. 802), and the amount of interest required to be owned by a citizen of the United States shall be at least 75 per centum,". (b) Section 11 of such Act is further amended by striking out "and" at the end of paragraph (4); by redesignating paragraph (5) as paragraph (6); and by inserting immediately after paragraph (4) the following new paragraph: "(5) 'remodeling' includes the construction through the conversion or reconditioning of any vessel to a fishing vessel and through the rebuilding of any existing fishing vessel, and". SEC. 7. Section 12 of the United States Fishing Fleet Improvement Act, as amended (46 U.S.C. 1412), is amended to read as follows: "SEC. 12. There is authorized to be appropriated for the fiscal years 1970, 1971, and 1972, $20,000,000 per fiscal year to carry out this Act. Such sums are authorized without fiscal year limitation." 84 STAT. 309 SEC. 8. Section 13 of the United States Fishing Fleet Improvement Termination Act, as amended (46 U.S.C. 1413), is amended by striking out "1969" and inserting in lieu thereof "1972". SEC. 9. Section 4(b) (2) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742c (b) (2)) is amended to read as follows: "(2) Mature in not more than ten years, except that where a loan is for all or part of the costs of constructing a new fishing vessel, such period may be fourteen years.”. Approved June 12, 1970. date. 74 Stat. 214; 78 Stat. 614. 70 Stat. 1121. LEG IS LATIVE HISTORY: HOUSE REPORT No. 91-394 (Comm. on Merchant Marine and Fisheries). CONGRESSIONAL RECORD: Vol. 115 (1969): Aug. 12, considered and passed House. Vol. 116 (1970): May 22, considered and passed Senate, amended. 91st Congress, H. R. 13407 An Act To consent to the amendment of the Pacific Marine Fisheries Compact. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of the Congress is hereby given to the amendments to articles I, II, IV, and X of the Pacific Marine Fisheries Compact, as amended. SEC. 2. Article I of the Pacific Marine Fisheries Compact, as amended, would read substantially as follows: "ARTICLE I "The purposes of this compact are and shall be to promote the better utilization of fisheries, marine, shell and anadromous, which are of mutual concern, and to develop a joint program of protection and prevention of physical waste of such fisheries in all of those areas of the Pacific Ocean and adjacent waters over which the compacting States jointly or separately now have or may hereafter acquire jurisdiction. "Nothing herein contained shall be construed so as to authorize the compacting States or any of them to limit the production of fish or fish products for the purpose of establishing or fixing the prices thereof or creating and perpetuating a monopoly." SEC. 3. Article II of the Pacific Marine Fisheries Compact, as amended, would substantially read as follows: "ARTICLE II "This agreement shall become operative immediately as to those States executing it whenever two or more of the compacting States have executed it in the form that is in accordance with the laws of the executing States and the Congress has given its consent." SEC. 4. Article IV of the Pacific Marine Fisheries Compact, as amended, would read substantially as follows: "ARTICLE IV "The duty of the said commission shall be to make inquiry and ascertain from time to time such methods, practices, circumstances and conditions as may be disclosed for bringing about the conservation and the prevention of the depletion and physical waste of the fisheries, marine, shell and anadromous, in all of those areas of the Pacific Ocean over which the States signatory to this compact jointly or separately now have or may hereafter acquire jurisdiction. The commission shall have power to recommend the coordination of the exercise of the police powers of the several States within their respective jurisdictions and said conservation zones to promote the preservation of those fisheries and their protection against over-fishing, waste, depletion, or any abuse whatsoever and to assure a continuing yield from the fisheries resources of the signatory parties hereto. "To that end the commission shall draft and, after consultation with the advisory committee hereinafter authorized, recommend to the Governors and legislative branches of the various signatory States hereto legislation dealing with the conservation of the marine, shell and anadromous fisheries in all of those areas of the Pacific Ocean over which the signatory States jointly or separately now have or may hereafter acquire jurisdiction. The commission shall, more than one month prior to any regular meeting of the legislative branch in any State signatory hereto, present to the Governor of such State its 84 STAT. 415 Pacific Marine pact, amend- 76 Stat. 763. 84 STAT. 416 recommendations relating to enactments by the legislative branch of that State in furthering the intents and purposes of this compact. "The commission shall consult with and advise the pertinent administrative agencies in the signatory States with regard to problems connected with the fisheries and recommend the adoption of such regulations as it deems advisable and which lie within the jurisdiction of such agencies. "The commission shall have power to recommend to the States signatory hereto the stocking of the waters of such States with marine, shell, or anadromous fish and fish eggs or joint stocking by some or all of such States, and, when two or more of the said States shall jointly stock waters, the commission shall act as the coordinating agency for such stocking." SEC. 5. Article X of the Pacific Marine Fisheries Compact, as amended, would read substantially as follows: "ARTICLE X "The States agree to make available annual funds for the support of the Commission on the following basis: "Eighty percent (80%) of the annual budget shall be shared equally by those member States having as a boundary the Pacific Ocean; and five percent (5%) of the annual budget shall be contributed by any other member State; the balance of the annual budget shall be shared by those member States, having as a boundary the Pacific Ocean, in proportion to the primary market value of the products of their commercial fisheries on the basis of the latest five-year catch records. "The annual contribution of each member State shall be figured to the nearest one hundred dollars. "This amended article shall become effective upon its enactment by the States of Alaska, California, Idaho, Oregon, and Washington and upon ratification by Congress by virtue of the authority vested in it under Article I, section 10, of the Constitution of the United States." SEC. 6. The right to alter, amend, or repeal this Act is expressly reserved. Approved July 10, 1970. LEGISLATIVE HISTORY: HOUSE REPORT No. 91-715 (Comm. on Merchant Marine and Fisheries). CONGRESSIONAL RECORD: Vol. 115 (1969): Dec. 15, considered and passed House. Public Law 91-349 July 23, 1970 An Act To amend title II of the Marine Resources and Engineering Development Act of 1966. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 203 (b)(1) of the National Sea Grant College and Program Act of 1966 is amended by inserting after "for the fiscal year ending June 30, 1970, not to exceed the sum of $15,000,000," the following: "for the fiscal year ending June 30, 1971, not to exceed the sum of $20,000,000, for the fiscal year ending June 30, 1972, not to exceed the sum of $25,000,000, and for the fiscal year ending June 30, 1973, not to exceed the sum of $30,000,000,". Approved July 23, 1970. LEGISLATIVE HISTORY: HOUSE REPORT No. 91-1191 (Comm. on Merchant Marine and Fisheries). July 6, considered and passed House. July 10, considered and passed Senate, amended, in lieu of S. 2293. (27) 86-974 733 |