jurisdiction of the United States over the vessel and its personnel, in accordance with the provisions of this Act, while the vessel is located within the safety zone, and (2) the vessel owner or operator has designated an agent in the United States for receipt of service of process in the event of any claim or legal proceeding resulting from activities of the vessel or its personnel while located within such a safety zone.

(d) The customs laws administered by the Secretary of the Treasury shall not apply to any deepwater port licensed under this Act, but all foreign articles to be used in the construction of any such deepwater port, including any component thereof, shall first be made subject to all applicable duties and taxes which would be imposed upon or by reason of their importation if they were imported for consumption in the United States. Duties and taxes shall be paid thereon in accordance with laws applicable to merchandise imported into the customs territory of the United States.

(e) The United States district courts shall have original jurisdiction of cases and controversies arising out of or in connection with the construction and operation of deepwater ports, and proceedings with respect to any such case or controversy may be instituted in the judicial district in which any defendant resides or may be found, or in the judicial district of the adjacent coastal State nearest the place where the cause of action arose.

(f) Section 4(a) (2) of the Act of August 7, 1953 (67 Stat. 462) is amended by deleting the words "as of the effective date of this Act" in the first sentence thereof and inserting in lieu thereof the words ", now in effect or hereafter adopted, amended, or repealed”.

ANNUAL REPORT BY SECRETARY TO CONGRESS

SEC. 20. Within 6 months after the end of each fiscal year, the Secretary shall submit to the President of the Senate and the Speaker of the House of Representatives (1) a report on the administration of the Deepwater Port Act during such fiscal year, including all deepwater port development activities; (2) a summary of management, supervision, and enforcement activities; and (3) recommendations to the Congress for such additional legislative authority as may be necessary to improve the management and safety of deepwater port development and for resolution of jurisdictional conflicts or ambiguities.

NEGOTIATIONS WITH CANADA AND MEXICO

SEC. 22. The President of the United States is authorized and requested to enter into negotiations with the Governments of Canada and Mexico to determine:

(1) the need for intergovernmental understandings, agreements, or treaties to protect the interests of the people of Canada, Mexico, and the United States and of any party or parties involved with the construction or operation of deepwater ports; and

(2) the desirability of undertaking joint studies and investigations designed to insure protection of the environment and to eliminate any legal and regulatory uncertainty, to assure that the

interests of the people of Canada, Mexico, and the United States are adequately met.

The President shall report to the Congress the actions taken, the progress achieved, the areas of disagreement, and the matters about which more information is needed, together with his recommendations for further action.

3. North Pacific Fisheries Act of 1954, as amended

Public Law 83-579 [S. 3713], 68 Stat. 698; 16 U.S.C. 1022-1035, approved August 12, 1954, as amended by Public Law 85-114 [S. 2212], 71 Stat. 310, approved July 24, 1957; Public Law 92-471 [H.R. 9501], 86 Stat. 784, approved October 9, 1972; Public Law 95-326 [H.R. 12637], 92 Stat. 399, approved July 28, 1978; and by Public Law 95-553 [S. 3551], 92 Stat. 2072, approved October 30, 1978

AN ACT To give effect to the International Convention for the High Seas Fisheries of the North Pacific Ocean, signed at Tokyo, May 9, 1952,1 and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "North Pacific Fisheries Act of 1954".

SEC. 2. As used in this Act, the term

(a)2 "Convention" means the International Convention for the High Seas Fisheries of the North Pacific Ocean with a protocol and annex relating thereto signed at Tokyo, May 9, 1952, as amended by the Protocol Amending the International Convention for the High Seas Fisheries of the North Pacific Ocean, signed at Tokyo, April 25, 1978.

(b) "Commission" means the International North Pacific Fisheries Commission provided for by article II of the Convention;

(c) "United States Section" means the United States Commissioners to the Commission;

(d) "Convention area" means all waters, other than territorial waters, of the North Pacific Ocean which for the purposes of this Act shall include the adjacent seas;

(e) "Fishery conservation zone" means the fishery conservation zone of the United States established by section 101 of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1801 et seq.). (f) "Fishing vessel" means

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(1) any vessel engaged in catching fish within the Convention area or in processing or transporting fish loaded in the Convention area;

(2) any vessel outfitted to engage in any activity described in paragraph (1); or

(3) any vessel in normal support of any vessel described in paragraph (1) or (2).

(g) "Permit" means a permit issued by the Secretary of State in cooperation with the Secretary under section 13 of this Act.

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(h) "Secretary" means the Secretary of Commerce.

SEC. 3. (a) The United States shall be represented on the Commission by not more than four United States Commissioners to be

1 UST 380; TIAS 2786; 205 UNTS 65. See boxnote on p. 447.

2 Subsection (a) was amended and restated by Sec. 1(1)(A) of Public Law 95-326 (92 Stat. 399). Former subsection (a) made references to only the 1952 Convention.

Sec. 1(1) (B) of Public Law 95-326 (92 Stat. 399) struck out subsection (e) (defining "fishing vessel") and added new subsections (e) through (h).

Sec. 3 was amended and restated by Sec. 108 of Public Law 92-471 (86 Stat. 784). Subsection (a) was amended and restated by Sec. 1(2) (A) of Public Law 95-326 (92 Stat. 399). Sec. 1(2) (B) of the same Act provided that this amendment to subsection (a) would become effective on September 27, 1978.

appointed by the President and serve at his pleasure. Each United States Commissioner shall be appointed for a term of office of not to exceed four years, but is eligible for reappointment. Any United States Commissioner may be appointed for a term of less than four years if such appointment is necessary to insure that the terms of office of not more than one Commissioner will expire in any one year. Of the Commisioners, who shall receive no compensation for their services as Commissioners

1) one shall be an official of the United States Government; (2) two shall be residents of the State of Alaska; and

(3) one shall be a resident of the State of Washington.

An individual is not eligible for appointment under paragraph (2) or (3) as a Commissioner unless the individual is knowledgeable or experienced concerning the fisheries covered by the Convention.

(b) The Secretary of State, in consultation with the Secretary of Commerce, may designate from time to time Alternate United States Commissioners to the Commission. An Alternate United States Commissioner may exercise, at any meeting of the Commission or of the United States Section or of the Advisory Committee established pursuant to section 4, all powers and duties of a United States Commissioner in the absence of a duly designated Commissioner for whatever reason. The number of such Alternate United States Commissioners that may be designated for any such meeting shall be limited to the number of authorized United States Commissioners that will not be present.

SEC. 4. (a) The United States Section shall appoint an advisory committee of not less than six and not more than twenty-one members and shall fix the terms of office thereof. The members shall be appointed from among

(1) individuals who are knowledgeable or experienced with respect to the fisheries covered by the Convention; and

(2) officers and employees of the fishery agencies of States the residents of which maintain a substantial fishery in the Convention area;

except that two-thirds of the membership of the committee shall consist of individuals, appointed under paragraphs (1) and (2), who are residents of Alaska.

(b) Any or all members of the advisory committee shall attend all sessions of the Commission except executive sessions.

(c) The advisory committee shall be invited to all nonexecutive meetings of the United States Section and at such meetings shall be granted opportunity to examine and to be heard on all proposed programs of study and investigation, reports, and recommendations of the United States Section.

(d) The members of the advisory committee shall receive no compensation for their services as such members. On approval by the United States Section, not more than five members of the committee, designated by the committee, shall be paid for transportation expenses and per diem incident to attendance at meetings of the Commission or the United States Section; except that in the case in which

Subsection (a) was amended and restated by Sec. 1(3) (A) of Public Law 95-326 (92 Stat. 400). Public Law 92-471 deleted the word "may" and inserted "shall".

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(1) one member is so designated, such member shall be from among the members representing Alaska;

(2) two or three members are so designated, two members shall be from among those representing Alaska; and

(3) four or five members are so designated, three members shall be from among those representing Alaska.

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SEC. 5. [Repealed by Public Law 92-471 (86 Stat. 786).]

SEC. 6. The Secretary of State, with the concurrence of the Secretary, may accept or reject, on behalf of the United States, recommendations made by the Commisison in accordance with article III, section 1 of the Convention.

SEC. 7.10 (a) The Secretary shall administer and, except to the extent otherwise provided for in this Act, enforce the provisions of the Convention, this Act, and regulations issued under this Act.

(b) In carrying out such functions, the Secretary—

(1) shall, in consultation with the Secretary of the department in which the Coast Guard is operating and the United States Section, adopt such regulations as may be necessary to carry out the purposes and objectives of the Convention and this Act; and (2) may, with the concurrence of the Secretary of State, cooperate with the duly authorized officials of the government of any party to the Convention.

(c) The Secretary may adopt regulations which apply only to stocks of fish in the Convention area north of the parallel of north latitude of 48 degrees and 30 minutes, but such regulations shall not apply in the Convention area south of the 49th parallel of north latitude with respect to sockeye salmon (Oncorhynchus nerka) or pink salmon (Oncorhynchus gorbuscha).

SEC. 8.11 Any agency of the Federal Government is authorized, upon request of the Commission, to cooperate in the conduct of scientific and other programs, and to furnish, on a reimbursable basis, facilities and personnel for the purpose of assisting the Commission in carrying out its duties under the Convention. Such agency may accept reimbursement from the Commission.

SEC. 9.12 (a) This Act shall be enforced by the Secretary and the Secretary of the department in which the Coast Guard is operating. Such Secretaries may by agreement utilize, on a reimbursable basis or otherwise, the personnel, services, equipment (including aircraft and vessels), and facilities of any other Federal agency, including all elements of the Department of Defense, and of any State agency, in the performance of such duties. Such Secretaries shall, and the head of any Federal or State agency which has entered into an agreement with either such Secretary under the preceding sentence may (if the agreement so provides), authorize officers (hereinafter in this Act referred to as "enforcement officers") to enforce the provisions of the Convention, this Act, and regulations adopted the permits issued

tion * •

The words to this point beginning with "On approval by the United States Secwere substituted in lieu of the second sentence in subsection (d) by Sec. 1(3)(B) of Public Law 95-326 (92 Stat. 400).

Sec. 6 was amended and restated by Sec. 1(4) of Public Law 95-326 (92 Stat. 400). 10 Sec. 7, as added by Sec. 101 of Public Law 92-471 (86 Stat. 784), was amended and restated by Sec. 1(5) of Public Law 95-326 (92 Stat. 400).

11 Formerly Sec. 7 and redesignated as Sec. 8 by Public Law 92-471 (86 Stat. 784). 19 Sec. 9, as added by Sec. 102 of Public Law 92-471 (86 Stat. 784), was amended and restated by Sec. 1(6) of Public Law 95-326 (92 Stat. 400).