SEC. 3. Section 304 of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1434) is amended (1) by striking out "and" immediately after "fiscal year 1977,"; and (2) by adding immediately after "fiscal year 1978" the following: "and not to exceed $2,250,000 for fiscal year 1981". Approved August 29, 1980. LEGISLATIVE HISTORY: HOUSE REPORT No. 96-894, pt. 1 (Comm. on Merchant Marine and Fisheries) and pt. 2 (Comm. on Science and Technology), both accompanying H.R. 6616. SENATE REPORT No. 96-148 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD: Vol. 125 (1979): May 22, considered and passed Senate. Vol. 126 (1980): May 12, 13, H.R. 6616 considered and passed House; passage vacated and S. 1140, amended, passed in lieu. Aug. 18, Senate concurred in House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 16, No. 35 (1980): Aug. 29, Presidential statement. To authorize appropriations for fiscal years 1981, 1982, and 1983 for the Atlantic Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Sept. 4, 1980 [S. 2549] Atlantic Tunas SECTION 1. AMENDMENTS TO ATLANTIC TUNAS CONVENTION ACT OF of 1975, 1975. The Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971 et seq.) is amended as follows: (1) Section 4 is amended appropriation authorization. Advisory committee. (A) by redesignating paragraphs (1) and (2) as subpara- 16 USC 971b. graphs (A) and (B), respectively; (B) by striking out "paragraph (1)" in subparagraph (B) (as so redesignated) and inserting in lieu thereof "subparagraph (A)"; and (C) by amending the first and second sentences to read as follows: "There is established an advisory committee which shall be com- Membership. posed of "(1) not less than five nor more than twenty individuals appointed by the United States Commissioners who shall select such individuals from the various groups concerned with the fisheries covered by the Convention; and "(2) the chairmen (or their designees) of the New England, MidAtlantic, South Atlantic, Caribbean, and Gulf Fishery Management Councils established under section 302(a) of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1852(a)). Each member of the advisory committee appointed under paragraph Term of office. (1) shall serve for a term of two years and shall be eligible for reappointment.". (2) Section 10 is amended by striking out "and 1980" and inserting in lieu thereof "1980, 1981, 1982, and 1983". SEC. 2. OBSERVER PROGRAM REGARDING CERTAIN FOREIGN FISHING. (a) DEFINITIONS.-As used in this section (1) The term "Act of 1976" means the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1801 et seq.). (2) The term "billfish" means any species of marlin, spearfish, sailfish or swordfish. (3) The term "Secretary" means the Secretary of Commerce. (b) OBSERVER PROGRAM.-The Secretary shall establish a program under which a United States observer will be stationed aboard each foreign fishing vessel while that vessel (1) is in waters that are within (A) the fishery conservation zone established under section 101 of the Act of 1976, and 16 USC 971h. 16 USC 1827. 16 USC 1811. 20 UST 2887. Foreign Fishing Observer Fund, establishment. 16 USC 1858. 16 USC 1857. 16 USC 971i. Submittal to Congress. 20 UST 2887. (B) the Convention area as defined in Article I of the International Convention for the Conservation of Atlantic Tunas; and (2) is taking or attempting to take any species of fish if such taking or attempting to take may result in the incidental taking of billfish. The Secretary may acquire observers for such program through contract with qualified private persons. (c) FUNCTIONS OF OBSERVERS.-United States observers, while aboard foreign fishing vessels as required under subsection (b), shall carry out such scientific and other functions as the Secretary deems necessary or appropriate to carry out this section. (d) FEES.-There is imposed for each year after 1980 on the owner or operator of each foreign fishing vessel that, in the judgment of the Secretary, will engage in fishing in waters described in subsection (b)(1) during that year which may result in the incidental taking of billfish a fee in an amount sufficient to cover all of the costs of providing an observer aboard that vessel under the program established under subsection (a). The fees imposed under this subsection for any year shall be paid to the Secretary before that year begins. All fees collected by the Secretary under this subsection shall be deposited in the Fund established by subsection (e). (e) FUND.-There is established in the Treasury of the United States the Foreign Fishing Observer Fund. The Fund shall be available to the Secretary as a revolving fund for the purpose of carrying out this section. The Fund shall consist of the fees deposited into it as required under subsection (d). All payments made by the Secretary to carry out this section shall be paid from the Fund, only to the extent and in the amounts provided for in advance in appropriation Acts. Sums in the Fund which are not currently needed for the purposes of this section shall be kept on deposit or invested in obligations of, or guaranteed by, the United States. (f) PROHIBITED ACTS.-(1) It is unlawful for any person who is the owner or operator of a foreign fishing vessel to which this section applies (A) to violate any regulation issued under subsection (g); (B) to refuse to pay the fee imposed under subsection (d) after being requested to do so by the Secretary; or (C) to refuse to permit an individual who is authorized to act as an observer under this section with respect to that vessel to board the vessel for purposes of carrying out observer functions. (2) Section 308 of the Act of 1976 (relating to civil penalties) applies to any act that is unlawful under paragraph (1), and for purposes of such application the commission of any such act shall be treated as an act the commission of which is unlawful under section 307 of the Act of 1976. (g) REGULATIONS.-The Secretary shall issue such regulations as are necessary or appropriate to carry out this section. SEC. 3. REPORTS REGARDING-BLUEFIN TUNA. The Secretary of Commerce shall prepare, for each biennial period commencing with the period covering calendar years 1981 and 1982, and submit to the Congress a report setting forth, with respect to such biennial period (1) the level of taking of bluefin tuna by United States fishermen in the Convention area as defined in Article I of the International Convention for the Conservation of Atlantic Tunas; (2) the status of bluefin tuna stocks within such Convention area and the trends in their population level; and (3) related information resulting from the implementation of the observer program under section 2 of this Act. The report required under this section shall be submitted to the Congress within sixty days after the close of the biennial period covered by the report. There are authorized to be appropriated such Appropriation sums as may be necessary to carry out this section. Approved September 4, 1980. authorization. LEGISLATIVE HISTORY: HOUSE REPORT No. 96-1017 accompanying H.R. 6310 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 96-708 (Comm. on Commerce, Science, and Transportation). May 20, considered and passed Senate. June 3, H.R. 6310 considered and passed House; passage vacated and S. 2549, July 28, Senate concurred in House amendments with amendments. Aug. 22, House concurred in Senate amendments. Public Law 96-350 96th Congress An Act To facilitate increased enforcement by the Coast Guard of laws relating to the importation of controlled substances, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) it is unlawful for any person on board a vessel of the United States, or on board a vessel subject to the jurisdiction of the United States on the high seas, to knowingly or intentionally manufacture or distribute, or to possess with intent to manufacture or distribute, a controlled substance. (b) It is unlawful for a citizen of the United States on board any vessel to knowingly or intentionally manufacture or distribute, or to possess with intent to manufacture or distribute, a controlled substance. (c) It is unlawful for any person on board any vessel within the customs waters of the United States to knowingly or intentionally manufacture or distribute, or to possess with intent to manufacture or distribute, a controlled substance. (d) It is unlawful for any person to possess, manufacture, or distribute a controlled substance (1) intending that it be unlawfully imported into the United States; or (2) knowing that it will be unlawfully imported into the United States. (e) Subsections (a), (b), and (c) do not apply to a common or contract carrier, or an employee thereof, who possesses or distributes a controlled substance in the lawful and usual course of the carrier's business or to a public vessel of the United States, or any person on board such a vessel who possesses or distributes a controlled substance in the lawful course of his duties, if the controlled substance is a part of the cargo entered in the vessel's manifest and is intended to be lawfully imported into the country of destination for scientific, medical, or other legitimate purposes. It shall not be necessary for the United States to negative the exception set forth in this subsection in any complaint, information, indictment, or other pleading or in any trial or other proceeding. The burden of going forward with the evidence with respect to this exception is upon the person claiming its benefit. Sept. 15, 1980 [H.R. 2538] Coast Guard. Enforcement of importation laws. 21 USC 955a. Lawful distribution of controlled substances. (f) Any person who violates this section shall be tried in the United Violations. States district court at the point of entry where that person enters the United States, or in the United States District Court for the District of Columbia. (g)(1) Any person who commits an offense defined in subsection (a), Penalties. (b), (c) or (d) of this section shall be punished in accordance with the penalties set forth in section 1010 of the Comprehensive Act. (2) Notwithstanding paragraph (1) of this subsection, any person convicted of an offense under this Act shall be punished in accordance with the penalties set forth in section 1012 of the Comprehensive 21 USC 960. |