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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The Northwest Atlantic Fisheries Act of 1950 (16 U.S.C. 981-991) is repealed as of March 1, 1977.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 (cm2) 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

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

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

1316 U.S.C. 1823 note. Sec. 5 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.

(relating to criminal offenses) and 310 (relating to civil forfeiture) of such Act of 1976 shall not apply with respect to any such violation.

(d) DEFINITIONS.-As used in this section, the terms "anadromous species”, “Continental Shelf fishery resources”, “fishery conservation zone”, 15 "fishing", "fishing vessel”, "Secretary", and "vessel of the United States" shall have the same respective meanings as are given to such terms in section 3 of the Magnuson Fishery Conservation and Management Act of 1976.

15 The term “fishery conservation zone", as used in the Magnuson Fishery Conservation and Management Act, was replaced with the term "exclusive economic zone”, by sec. 101(cX2) of Public Law 99-659 (100 Stat. 3707).

d. Governing International Fishery Agreement with Japan

Partial Text of Public Law 101-224 (National Oceanic and Atmospheric Adminis

tration Ocean and Coastal Programs Authorization Act of 1989; H.R. 1668), 103 Stat. 1905, approved December 12, 1989

AN ACT To authorize appropriations for certain ocean and coastal programs of the

National Oceanic and Atmospheric Administration. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 7.1 INTERNATIONAL FISHERY AGREEMENT.

Notwithstanding any provision of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), the governing international fishery agreement entered into between the Government of the United States and the Government of Japan, as contained in the Message to Congress from the President of the United States dated October 30, 1989, is approved by the Congress and shall enter into force and effect with respect to the United States on the date of the enactment of this Act.

1 16 U.S.C. 1823 note.

e. Governing International Fishery Agreement with Soviet Union Partial Text of Public Law 100-629 (H.R. 4919), 102 Stat. 3287, approved November

7, 1988

AN ACT To approve the governing international fishery agreement between the

United States and the Union of the Soviet Socialist Republics, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.1 SOVIET UNION FISHING AGREEMENT.

That notwithstanding any provision of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), the governing international fishery agreement entered into between the Government of the United States and the Government of the Union of the Soviet Socialist Republics, as contained in the Message to Congress from the President of the United States dated June 22, 1988, is approved by the Congress and shall enter into force and effect with respect to the United States on the date of the enactment of this Act.

*

SEC. 5.1 NORTH PACIFIC AND BERING SEA FISHERIES ADVISORY BODY.

(a) IN GENERAL.- The Secretary of State shall establish an advisory body on the fisheries of the North Pacific and the Bering Sea, which shall advise the United States representative to the International Consultative Committee created in accordance with Article XIV of the governing international fishery agreement entered into between the United States and the Union of Soviet Socialist Republics, as contained in the Message to Congress from the President of the United States dated June 22, 1988. (b) MEMBERSHIP.

(1) IN GENERAL.-The advisory body established pursuant to this section shall consist of 12 members, as follows:

(A) The Director of the Department of Fisheries of the State of Washington.

(B) The Commission of the Department of Fish and Game of the State of Alaska.

(C) Five members appointed by the Secretary of State from among persons nominated by the Governor of Alaska on the basis of their knowledge and experience in commercial harvesting, processing, or marketing of fishery resources.

(D) Five members appointed by the Secretary of State from among persons nominated by the Governor of Washington on the basis of their knowledge and experience in

1 16 U.S.C. 1823 note.

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