legislation: 95-hr-12637
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| 95-hr-12637 | 95 | hr | 12637 | A bill to amend the North Pacific Fisheries Act of 1954. | Public Lands and Natural Resources | 1978-05-09 | 1978-07-28 | Public Law 95-326. | House | Rep. Murphy, John M. [D-NY-17] | NY | D | M001098 | 2 | (House agreed to certain Senate amendments with amendments) Amends the North Pacific Fisheries Act of 1954 to define: (1) "fishery conservation zone of the United States" to mean the zone established by the Fishery Conservation and Management Act of 1976, and (2) "fishing vessel" to mean vessels engaged in the catching, processing, or transporting of fish in the Convention area (North Pacific Ocean waters and adjacent seas), or vessels outfitted for such activities, or vessels in normal support of such a vessel. Provides that the United States shall be represented on the International North Pacific Fisheries Commission (INPFC) by not more than four United States Commissioners appointed by the President. Requires that of the four commissioners appointed by the President to serve on the International North Pacific Fisheries Commission, one shall be a resident of the State of Washington and two shall be residents of the State of Alaska. States that such Commissioners shall appoint an Advisory Committee, members of which shall have knowledge or experience with respect to the fisheries covered by the International Convention for the High Seas Fisheries of the North Pacific Ocean. Stipulates that such members shall be officers or employees of State fishery agencies except that two-thirds of the membership shall be residents of Alaska. States that not more than five members of the Committee shall be paid transportation expenses or per diem. Amends such Act to authorize the Secretary of State (under present law the President), with the concurrence of the Secretary of Commerce, to accept or reject certain recommendations made by the International North Pacific Fisheries Commission. Amends such Act to require the Secretary of Commerce (1) to enforce all provisions of this Act and the International Convention for the High Seas Fisheries of the North Pacific Ocean, and (2) to adopt regulations in consultation with the Secretary of the Department in which the Coast Guard is operating, to carry out the objectives of this Act and the Convention. Stipulates that the Secretary of Commerce and the Secretary of the department in which the Coast Guard is operating shall enforce this Act. Specifies certain enforcement powers granted to enforcement officers. Allows enforcement officers to enforce the provisions of the Convention or this Act in the Convention area outside the U.S. fishery conservation zone and similar zones of Canada and Japan. Gives United States enforcement officers the right (1) to board and inspect any Canadian or Japanese fishing vessel catching or processing anadromous species covered by the Convention and (2) to detain the vessel and deliver it to the authorized officials of the flag nation, if such officers believe that any such fishing vessel or person engaged in operations are in violation of any provision of the Convention. Makes it unlawful for any person to violate any provision of the Convention or this Act; to refuse to permit an enforcement officer to board and inspect any fishing vessel; to forcibly assault or resist any such enforcement officer; and to interfere with the apprehension of any other person who has committed an act prohibited by this Act. Subjects any person found guilty of a civil violation to a fine not to exceed $25,000 for each violation. Makes any person found guilty of a criminal offense punishable by a fine of not more than $50,000 or by imprisonment of not more than six months or both, except that, if in the commission of any offense, the person uses a dangerous weapon or engages in conduct that causes bodily injury to any authorizing enforcement officer, the offense is punishable by a fine of not more than $100,000 or imprisonment of not more than ten years or both. Authorizes appropriations to the Secretary of Commerce to carry out research and observer programs. Authorizes appropriations for a sonar salmon research demonstration project in the Artic-Yukon-Kuskokwin region beginning October 1, 1978, and ending September 30, 1981. Provides that each Canadian or Japanese fishing vessel which is authorized to fish within the U.S. fishery conservation zone shall have on board a registration permit setting forth the terms and conditions contained in the Convention that apply with respect to such operations. Declares that the objective of the Convention shall be interpreted to protect the North American Salmon and the reduction or elimination of the incidental taking of marine mammals. Requires the Secretary of Commerce to take such actions to assure the full implementation of marine mammal research and the reduction or elimination of the incidental taking of marine mammals, including the placement of duly authorized agents on board Japanese fishing vessels for scientific observations relating to the incidental taking of marine mammals. Requires the Secretary of Commerce, after consultation with the Secretary of State, to report to Congress on the steps taken by the United States and Japan to implement the Convention and the results of all research carried out pursuant to the Convention, including estimates of the incidental taking of the Dall's porpoise. Authorizes the administration of this Act consistent with the terms of the Convention on a provisional basis pending the exchange by all the Contracting Parties of instruments of ratification or approval of the Protocol in accordance with Article II thereof. | 2025-01-14T18:51:33Z |