b. Fishery Conservation Zone Transition Act, as amended

Partial text of Public Law 95–6, [H.J. Res. 240], 91 Stat. 14, approved February 21, 1977; as amended by Public Law 95-8 [H.R. 3753], 91 Stat. 18, approved March 3, 1977; Public Law 95-73 [H.R. 5638], 91 Stat. 283, approved July 26, 1977; Public Law 95-219 [H.R. 9794], 91 Stat. 1613, approved December 28, 1977; Public Law 95-314 [H.R. 12571], 92 Stat. 376, approved July 1, 1978; Public Law 97-212 [H.R. 3816], 96 Stat. 143 at 148, approved June 30, 1982; Public Law 98-44 [S. 625], 97 Stat. 216, approved July 12, 1983; and by Public Law 98-364 [H.R. 4997], 98 Stat. 440 at 442, approved July 17, 1984

JOINT RESOLUTION To give congressional approval to certain governing international fishery agreements negotiated in accordance with the Magnuson Fishery Conservation and Management Act of 1976, and for other purposes.

Whereas the Government of the United States of America and the Governments of the People's Republic of Bulgaria, the Socialist Republic of Romania, the Republic of China, the German Democratic Republic, the Union of Soviet Socialist Republics, and the Polish People's Republic have signed governing international fishery agreements for the conservation, optimum utilization, and rational management of fisheries subject to the exclusive fishery management jurisdiction of the United States under the Magnuson Fishery Conservation and Management Act of 1976 (Public Law 94-265) (hereinafter referred to as the "Act"); and Whereas the Act provides that after February 28, 1977, no foreign fishing is authorized within the fishery conservation zone, or for anadromous species or Continental Shelf fishery resources beyond the fishery conservation zone, unless (among other exceptions and requirements) such foreign fishing is authorized and conducted pursuant to a governing international fishery agreement; and

Whereas the Act also provides that no governing international fishery agreement shall become effective with respect to the United States before the close of the first 60 calendar days of continuous session of the Congress after the date on which the President transmits to the House of Representatives and to the Senate a document setting forth the text of such governing international agreement; and

Whereas the Act further provides that Congress may prohibit the entering into force and effect of any governing international fishery agreement by enactment of a joint resolution originating in either House of Congress during such 60-day period; and Whereas, the sixty-day period will not elapse with respect to any governing international fishery agreement, referred to in the first clause of this preamble, before March 1, 1977, the date on which the fishery conservation zone of the United States takes effect; and

1 For text, see page 3.

Whereas early congressional action on these governing international fishery agreements is necessary in order that fishing vessels of the foreign nations concerned may be permitted to fish in the fishery conservation zone after February 28, 1977, in compliance with such Act; and Whereas these governing international fishery agreements substantially comply with the requirements relating to such agreements contained in section 201(c) of the Act: Now, therefore, be it

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That this joint resolution may be cited as the "Fishery Conservation Zone Transition Act".2

SEC. 2.3 CONGRESSIONAL APPROVAL OF CERTAIN GOVERNING INTERNATIONAL FISHERY AGREEMENTS.

4

(a) Notwithstanding section 203 of the Magnuson Fishery Conservation and Management Act of 1976, the governing international fishery agreement between the Government of the United States of America and

(1) the Government of the People's Republic of Bulgaria Concerning Fisheries Off the Coasts of the United States, as contained in the message to Congress from the President of the United States dated January 14, 1974;

(2) the Government of the Socialist Republic of Romania Concerning Fisheries Off the Coasts of the United States, as contained in the message to Congress from the President of the United States dated January 10, 1977;

(3) the Government of the Republic of China Concerning Fisheries Off the Coasts of the United States, as contained in the message to Congress from the President of the United States dated January 10, 1977;

(4) the Government of the German Democratic Republic Concerning Fisheries Off the Coasts of the United States, as contained in the message to Congress from the President of the United States dated January 10, 1977;

(5) the Government of the Union of Soviet Socialist Republics Concerning Fisheries Off the Coasts of the United States, as contained in the message to Congress from the President of the United States dated January 10, 1977;

(6) the Government of the Polish People's Republic Concerning Fisheries Off the Coasts of the United States, as contained in the message to Congress from the President of the United States dated September 16, 1976;

(7) 5, 6 the European Economic Community Concerning Fisheries Off the Coasts of the United States, as contained in the

2 16 U.S.C. 1801 note.

3 16 U.S.C. 1823 note.

The subsec. designation "(a)" and a new subsec. (b) were added by sec. 10(a) of Public Law 97-212 (96 Stat. 148).

5 Pars. (7), (8), (9), and (10) were added by Public Law 95-8 (91 Stat. 18). 6 Sec. 106 of Public Law 98-364 (98 Stat. 442) included the following:

"SEC. 106. Notwithstanding any provisions of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), and upon certification by the Secretary of State to the President of the Senate and the Speaker of the House of Representatives that a new governing international fishery agreement in conformity with such Act has been negotiated by the United

Continued

message to Congress from the President of the United States dated February 21, 1977;

(8) 5 the Government of Japan Concerning Fisheries Off the Coasts of the United States (for 1977), as contained in the message to Congress from the President of the United States dated February 21, 1977;

(9) 5. 7 the Government of the Republic of Korea Concerning Fisheries Off the Coasts of the United States, as contained in the message to Congress from the President of the United States dated February 21, 1977;

(10) 5.7 the Government of Spain Concerning Fisheries Off the Coasts of the United States, as contained in the message to Congress from the President of the United States dated February 21, 1977; and

8

(11) the Government of Mexico Concerning Fisheries Off the Coasts of the United States, as contained in the message to Congress from the President of the United States dated October 7, 1977;

is hereby approved by the Congress as a governing international fishery agreement for purposes of the Magnuson Fishery Conservation and Management Act of 1976. Each such agreement referred to in paragraphs (1) through (6) shall enter into force and effect with respect to the United States on the date of the enactment of this joint resolution, and each such agreement referred to in paragraphs (7) through (11) shall enter into force and effect with respect to the United States on February 27, 1977.9

(b) 4 Notwithstanding such section 203—

(1) the governing international fishery agreement referred to the subsection (a)(5), as extended until July 1, 1983 pursuant to the Diplomatic Notes referred to in the message to the Congress from the President of the United States dated May 11, 1982, is hereby approved by the Congress as a governing international fishery agreement for the purposes of such Act of 1976;

(2) the governing international fishery agreement between the American Institute in Taiwan and the Coordination Council for North American Affairs, as contained in the message to

States and the European Economic Community, the existing governing international fishery agreement referred to in section 2(a)(7) of the Fishery Conservation Zone Transition Act (16 U.S.C. 1823, note) may be extended or reinstated, as the case may be, and may be in force and effect with respect to the United States, for the period of time ending on the earlier of (1) the effective date of the new governing international fishery agreement, or (2) September 30, 1984.". 7 Sec. 10(b) of Public Law 97-212 (96 Stat. 148) included the following:

"(b) Notwithstanding any provision of the Act entitled 'An Act for the conservation and management of the fisheries, and for other purposes', dated April 13, 1976 (16 U.S.C. 1810 et seq.), the governing international fishery agreements referred to in section 2(a) (9) and (10) of the Fishery Conservation Zone Transition Act shall be extended, and shall be in force and effect with respect to the United States, for the period of time ending on

"(1) the deadline for completion of Congressional review, pursuant to section 203(a) of such 1976 Act, of any new governing international fishery agreement signed, on or before July 31, 1982, by the United States and the respective foreign government that is a party to the agreement in question; or

“(2) July 31, 1982, if the United States and the respective foreign government that is a party to the agreement in question fail to sign a new governing international fishery agreement on or before that date.".

8 Par. (11) was added by sec. 1 of Public Law 95-219 (91 Stat. 1613).

This sentence was amended and restated by Public Law 95-8 in order to reflect the additions of pars. (7) through (10); further amended by Public Law 95-219 to reflect the addition of par.

the House of Representatives and the Senate from the Secretary of State dated June 15, 1982, is hereby approved by the Congress as a governing international fishery agreement for the purposes of the Act of 1976; and

(3) the governing international fishery agreement referred to in subsection (a 6), as extended until July 1, 1983 pursuant to the Diplomatic Notes referred to in the message to the Congress from the President of the United States dated June 21, 1982, is hereby approved by the Congress as a governing international fishery agreement for the purposes of such Act of 1976.

Each such governing international fishery agreement shall enter into force and effect with respect to the United States on July 1, 1982.

(c) 10 Notwithstanding such section 203

(1) the governing international fishery agreement referred to in subsection (a)5), as extended until December 31, 1985,11 pursuant to the Diplomatic Notes referred to in the message to the Congress from the President of the United States dated May 8, 1984,11 is hereby approved by the Congress as a governing international fishery agreement for the purposes of such Act of 1976;

(2) the governing international fishery agreement referred to in subsection (a)(6), as extended until December 31, 1985,11 pursuant to the Diplomatic Notes referred to in the message to the Congress from the President of the United States dated May 8, 1984,11 is hereby approved by the Congress as a governing international fishery agreement for the purposes of such Act of 1976; and

(3) the governing international fishery agreement referred to in subsection (a)(4), as contained in the message to the House of Representatives and the Senate from the President of the United States dated May 3, 1983, is hereby approved by the Congress as a governing international fishery agreement for the purposes of such Act of 1976.

The government international fishery agreements referred to in paragraphs (1) and (2) shall enter into force and effect with respect to the United States on July 1, 1984; and the governing international fishery agreement referred to in paragraph (3) 12 shall enter into force and effect with respect to the United States on July 1, 1983.

SEC. 4. REPEAL OF NORTHWEST ATLANTIC FISHERIES ACT OF 1950. The Northwest Atlantic Fisheries Act of 1950 (16 U.S.C. 981-991) is repealed as of March 1, 1977.

10 Sec. 105 of Public Law 98-44 (97 Stat. 217) added subsec. (c).

11 Sec. 105 of Public Law 98-364 (98 Stat. 442) amended subsec. (c)1) and (c)2) by substituting December 31, 1985 and May 8, 1984 in lieu of July 1, 1984 and May 3, 1983, respectively.

12 Sec. 105 of Public Law 98-364 (98 Stat. 442) added the words to this point in this sentence in lieu of the words "Each such governing international fishery agreement".

SEC. 5.13 RECIPROCAL FISHERIES AGREEMENT BETWEEN THE UNITED STATES AND CANADA.

(a) 14 CONGRESSIONAL APPROVAL.-The Congress hereby approves the Reciprocal Fisheries Agreement for 1978 between the Government of the United States and the Government of Canada (hereinafter in this section referred to as the "Agreement") as contained in the message to Congress from the President of the United States dated May 1, 1978. The Agreement shall be in force and effect with respect to the United States from January 1, 1978, until such later date in 1978 as may be determined pursuant to the terms of the Agreement.

(b) APPLICATION.-During the period when the Agreement is in force and effect with respect to the United States

(1) vessels and nationals of Canada may fish within the fishery conservation zone, or for anadromous species and Continental Shelf fishery resources beyond such zone, but only pursuant to, and in accordance with, the provisions of the Agreement; and

(2) title II of the Magnuson Fishery Conservation and Management Act of 1976 (relating to foreign fishing and international fishery agreements) and section 307 of such Act of 1976 (relating to prohibited acts) shall not apply with respect to fishing within the fishery conservation zone, or for anadromous species and Continental Shelf fishery resources beyond such zone, by vessels and nationals of Canada which is pursuant to, and in accordance with, the provisions of the Agreement. (c) FISHING STATISTICS.-(1) Any person who

(A) owns or operates any fishing vessel which

or

(i) is a vessel of the United States, and

(ii) engages in fishing to which the Agreement applies;

(B) directly or indirectly receives, or may receive, fish to which the Agreement applies in the course of a commercial activity in quantities determined by the Secretary to be sufficient to assist in the carrying out of this paragraph,

shall submit to the Secretary such statistics (including, but not limited to, catch data) regarding such fishing or such receipt of fish as are necessary to fulfill the obligations of the United States under article XIII of the Agreement. The Secretary, after consultation with the Secretary of State, shall issue such regulations as are necessary and appropriate to carry out the purposes of this paragraph. Section 303(d) of the Magnuson Fishery Conservation and Management Act of 1976 (relating to the confidentiality of statistics) shall apply with respect to all statistics submitted under this paragraph. (2) Any violation of paragraph (1), or of any regulation issued pursuant to paragraph (1), by any person shall be deemed to be an act prohibited by section 307 of the Magnuson Fishery Conservation and Management Act of 1976. Any person who commits any such violation shall be liable to the United States for a civil penalty as provided for in section 308 of such Act of 1976. Sections 309

13 16 U.S.C. 1823 note. Sec. was added by Public Law 95-73 (91 Stat. 283).

14 Subsec. (a) was amended and restated by Public Law 95-314 (92 Stat. 376). Former subsec. (a) concerned congressional approval for a 1977 Reciprocal Fisheries Agreement between the United States and Canada.