Fishery Conservation Zone Transition Act (Joint Resolution by the Senate and the House of Representatives)

PUBLIC LAW 95..;6-FEB. 2!, 1977 FISHERY CONSERVATION ZONE TRANSITION ACT 91 STAT. 14 Feb. 21. 1977 [HJ. Res. 240] 16 USC 1801 note. 16 USC 1821. Fishery Conservation Zone Transition Act, 16 USC 1801 note. PUBLIC LAW 95-6-FEB. 21. 1977 Public Law 95-6 95th Congress Joint Resolution To give congressional approval to certain governtax international fi;:ht:'rr agree ments negotiated In-accordance with the Fisher. Conservatton and ~anagt'ment Act of 1976. and for other purposes, 'Vhereas the Government of the United States of America and the Governments of the People's Republic of Bulg-aria. the Socialist Republic of Romania, the Republic of China, the German Demo cratic Re public, the Union of Soviet Socialist Republics, and the Polish People's Hppublic hal-e signed gon>rninf! inrr-rnar iona l fishery agl'Cl'mlmts for the conservation, .opt imurn ut il izut ion. and rational management of fisheries subject to the exclusive fishery rnannjrement jurisdiction of the Cniterl States under th« Fishery COIlSl'IT1Ltion and ~lallag('lJlcnt Act of 1!l7G (Public Law il-l-:2t;;l) (hereina f'tur rvferred to as the "Act.") ; and ,Yhcrcas the Act provides that after FdHUUr'j' :2H. Wi7, no foro ign fishing is authorized within the fishery conscrvar ion zone. or for ll.nadl'OIIIOUS species 01' Cont iuentul Shelf fishery rI'SOIIl'"('S lx-yon«] the fisher)' conservation zone. unless (among other except ions und requrrernents ) such foreign fishing is authorized and conducted pursuant to a governing international fishery agl't'ement: and ,YheretLS the Act also provides that no governing international fishery IlgTC('llIent shall U('COlllC etf(,ctire with respect to tho {"nitL'(! Stun-s 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 Representati 1'(>,0; and to the Senate a document setting forth the text of such governing internat ionul ugt't'cment; and 'Vhel'L'as the Act further provides that Congress muy prohibit the enter-ing into force and effect of any gOl'erning international fishery Ugl'l'ClllL'llt by enactment of u. joint resolution originating in either House of Congress during such 60-day pcriod : and 'Vlll'reas, the sixt y-dny IWl'iod will no! (·1 aPS(' with rp",!lt·<'! to nnv governing international fishery agreement, referred to in the first clause of this preumble, before March 1. Hl77. the dare on which the fisher)' conservation zone of die rnited Stutes t ukes dfl'(·t: and 'Ylwreas cur-ly congressional action on these !-."O\'erning' intcrnat ional fishery usrreerneuts is necessary in order t hut fishing vessels of the foreign ~ations concerned may be permitted to fish in the fishery conservation zone after February 28, 1977, in compliance with such Act; and ,\Yhcreas these governing international fishery agreements substan tially comply with the requirements relat ing to such a::f('crlll'nts con tained in section 201 (c) of the Act: Xow, therefore, be it Itesolced by the Senate and House of Representatires oj the United States of America in Congress assembled, That this joint resolution may be cited as the "Fishery Conservation Zone Transition Act". Supra. 16 USC 1824. 16 USC 1826, "Governing international fishery agreement." PUBLIC L-\W 95-6-FEB. 21,1977 91 STAT. 15 SEC. 2. CG;"GRESSIO~AL .\I)PROVAL OF CERTAI~ GOVERNI~G I~TER- 16 USC 1823 ~ATIOXAL FISHERY AGREE:\lE~TS. note. Xotwithstan-iinz section :21);3 of the Fishery Conservation and Man a:!p;nf'm .\ct of 1:17(;, t he ~f)\"l'I'rliJl;: iutc-rnut ionu l fishery a;:n'enlcnt 16 USC 1823. ;ft.'!',';'·(':: t:,," G'J'.'('nU,lcr:' of rlll: r-lliteJ ~t:ltes of Arucricu lLllJ UJ t:.'c GO':i':ELH::lt of the People's Republic of Bulgaria Con c"r,,:n!.:' Fishe rics Off the Coasts of the United States, as contained i,'l tl. .. ;~"s:;age to C'0rsress from the President of the United States <l:l!:"! ,I :1.l:· ;;~r\' 14. I!) 'x; !::.) t:;,~ \ i';'.'l:r';WlCl;C of the Socialist I\epublic of Romania Con (;(:rn;::-,:!: Fisl.eries Orr the Coasts of the Tnitcd States. as contained if; t ae n;bsa;:<! to Conzress from the President of the United States daH·zl.Turluary Iii. 1077; (:;) . !,,; (;or(::':~rnc::L of the Rcpubl ic of China Concerning Fish eries ();; tL'.' Coasts ci t.he United States, as contained in the mes Er.~E: to Ccr.zress from tile President of the United States dated Junuary 1(,.'i~~77; Ii) t li- (;ti','''l"ldllt'n( o f t lu- (J':l'IJl:lll Il"!Iltwrati(' !'''llull1ir: Con c;:r;.~:,:: F:,.,e!·i,~sOf' tl.e Coasts of the United Stutes, as contained in : ri'- n,(''':'':,j ;..;.~ to Conrress from the President of the united States (!~jrt·d .Iu nu.i rv i()~ 1~ji7; (;'ij I:l.· (;';\'('I'llllli'llt of t he l 'nion of :-'ovi(·t .socialist Republ ics ("01 "('r:,i,::! Fi']H'l'ipS Of!' Ow Cou-r s of t h« ('nitt·d Stntp~, as con tair:.,.\ ;:, t:l(' rLc:-;"a;:e to COll:!TeSS from the President of the United Stares (hre:d .Ianuary 10, 1:J77; and (ij) t !il' Governrnent of the Polish People's Republic Concern in~ Fish('ril'.' OfT 1111' COII"t" of till' Uu itvd Sinks, us contu iuo.I ill t:w r:,(>!-;.,;a:!l: to COllgre:iS from the President of the United States t":nted September 16, 1976, is hereby approved by the Congress as a go\"(~rnillg- international fishery a;:ret'lllf·nt for purposes of the Fishery Conservation and ~Ian :ll!",rllellt Ad of 1:)7fi. Each such ll;:t'C('lllcnt shal l enter into force and 16 USC 1801 (,::'e:t with respect to the United States on the date of the enactment note. of this joint r.-solut ion. SEC. 3. U[E~m!E:-'"TS TO FISHERY CO:-'-SERVATION AND MANAGE }IE:-'-T ...cr OF 1976. Tho Fi";,:it'r-y Ccn-vrvur ion and Management Ad of 1D7u (1(j u.S.C. 1:~Ol et S(·'!.) is :Hlwnd"d (1) Ly adding immediutcly after section 2();') the following new scct ion : ·SEC. zns, TRAXSITIOXAL PROVISIONS. ";:.l) ; )j'F::-;r;'I,'~ .-For purposes of this section, the term 'governing intcrnur ional fishery ag-rl.lement' does not include any govprning inter national fishorv agrN'ment other than a g-o\'crning- intcrnut ional fishery al!n~('!TIC'nt apIJ!'on,d by the Congress pursuant to section 2 of the F:,,:;c'y Conservation Zone Transition Act, or pursuant to any amend :;.(lIlt to such sect ion 2 if t-he erfccti ve date of such amendment is not later than February 2S, 1977. "(b) ,AcTIOX BY Corrxcu.s.c-Section 204(b) (5) shall not apply to ~!,y application submitted by a foreign nation pursuant to a g-0vel'll in:; international fishery agreement for permits authorizing fishing tlu:'ing 1077 by vessels of that nation within the fishery conservation zone or for anadromous species or Continental Shelf fishery resources beyond such zone, but each appropriate Council may prepare and submit comments to the Secretary on such application "( 1) if the application has been recei ved by the Council on or before the date of the enactment of this section, within 7, days after such date ; or 91 STAT. 16 PUBLIC LAW 95-6-FEB. 21, 1977 "(2) if the application is received by the Council from thE- Sec retary of State after such date of enactment, within 7 days after the date on which t.he Council receives the upplicarioru 5 esc app. 1. The provisions of the Federal Ad visory Committee Act shall not apply to the actions of any Council in propuring such comments. 16 lise 1824. "(c) PEIDfITs.-L'"ntil May 1, 1977, the requirement in section::J4(a) that foreign fishing- vessels hu ve Oil board 11 valid permit issued under section 204: shall not apply in the case of any foreign fishing veS:5CI for which IL permit. is issued un do r an upplicut ion to which subsection (I» applies. The fa ilure of any such vesse-l to comply with such requ irenivnt before such dare shall not be deemed to be a violut ion of sr-ct.ion ;307(1) 16 esc 1857. (A.). "Cd) PF.lmIT FEI-:s.-l~ntil ~fay 1, ID77, the requirement in section 204(1)) (11), regarding the payment of applicable fees before foreign fishing permits are issued, may IJe wai ved by the Secretary with respect to permits to be issued under any application to which subsection (b) applies if the Secretary is satisfied that the foreign nation which made the application will pay the applicable fees before such date. Any permit i-suc.l uncle r the wu i vor provided by this subsection shall expire on Muy 1, l~j"j". if the :-;p,.Tl'tal'j' docs not receive OIl or lx-fore such elate the applicable fees for the permit."; and (:2) by amending the table of contents by.inserting immediately after "Sec. :lO;'j, Import prnhihl t lous.' the following: "Sec. 206. Transitional provisions." SEC. 4. HEI'E.\L OF !'OHTIIWEST ATLANTIC FISHERIES ACT OF 19:;0. Repeal. The );ol'th\\'('.st Ail:J.Il1.kJ.:.~ sJll'ril'sAd of ID50 (Hi U.S.C. DSl-DDl) is repealed ll'5 ()f ~Ian:h 1, 1U77. Approved February 21, 1977. LEGISLATIVE HISTORY: CONGRESSIONAL RECORD. Vol. 123 (1977): Feb, 8. considered and passed House. Feb. 10. considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS. Vol. 13. No.9: Feb. 21. Preaidential statement. :"ole.-A change haa been made in the .lip law Cormal to provide Cor one-time preparation of copy to be used for publication of both slip laws and the l'oited Statea Statutea at Large volumes. Commenbl from WIers are invited by the Office of the Federal Register-, ~ational Arcmv"" and Record. Service, Waahington, D.C. 2().t.()8.