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(1) within the jurisdiction of a nation having naturally occurring or artificially established anadromous fish populations of the

same species as the imported or export product; or

(2) on the high seas according to an international agreement among nations with jurisdiction over more than 1 percent of

the stocks of anadromous fish being so harvested. (b) ISSUANCE OF CERTIFICATES. For the purposes of subsection (a), a valid certificate of legal origin may be issued only by a nation which

(1) is the nation having jurisdiction over the vessel or other means by which the fish or fish product was harvested; and

(2) maintains regular harvests of anadromous fish in a manner consistent with the criteria for lawful harvests set out

in subsection (a). (c) BILATERAL OR MULTILATERAL AGREEMENTS.—Efforts undertaken by the Secretary of State pursuant to subsection (a) may, at the discretion of the Secretary, be directed toward achieving either bilateral or multilateral agreements, including trade agreements, whichever the Secretary determines to be most likely to result in the earliest possible date or dates of agreement by those nations which individually have in excess of $1,000,000, or the equivalent, in import or export trade in anadromous fish and anadromous fish products.

(d) REGULATIONS.—The Secretary of Commerce shall, within 180 days after the date of enactment of this Act, promulgate regulations providing for

(1) the issuance of certificates of legal origin pursuant to agreements under subsection (a) for anadromous fish and anadromous fish products legally harvested by vessels of the United States;

(2) the delegation of the authority to issue certificates of legal origin to States, territories, or possessions of the United States which the Secretary of Commerce determines to have implemented a program which is sufficient to accomplish the purposes of subsection (a); and

(3) an orderly transition to such regulations, sufficient to ensure that United States commerce in anadromous fish and

anadromous fish products is not unduly disrupted. (e) REPORT REQUIRED.—The Secretary of Commerce, after consultation with the Secretary of the Treasury, shall, within 180 days after the date of enactment of this Act, submit to the Congresso a report

(1) making recommendations as to the need for the adoption of United States import and export restrictions on anadromous fish and anadromous fish products consistent with subsection (a); and

(2) identifying, evaluating, and making recommendations regarding any specific statutory or regulatory changes that may be necessary for the adoption of such restrictions. (f) CERTIFICATION.-If, at any time following the promulgation of the regulations required by subsection (d), the Secretary of Commerce finds that any nation is engaging in trade in unlawfully taken anadromous fish or anadromous fish products, the Secretary shall certify that fact to the President, which certification shall be

deemed to be a certification for the purposes of section 8(a(1) of the Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)(1)).

c. 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 interna

tional 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) 1 (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 fish

ery 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

For text, see page 3.

Whereas early congressional action on these governing internation

al 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 INTERNA

TIONAL FISHERY AGREEMENTS. (a) 4 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.

4 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 mes. sage 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

(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 Octo

ber 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) - 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 axt) of the Fishery Conservation Zone Transition Ad (16 US.C. 1623, Dote, 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.".

Sec 100 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 2a) (9) and (10) of the Fishery Conservation Zone Transition Act shall be extended, and shall be in forve 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 203a) 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 agree ment 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.".

• 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. () through (105, further amended by Public Law 95–219 to reflect the addition of par.

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