An Act to authorize appropriations to carry out the Fishery Conservation and Management Act of 1976 during fiscal year 1979, to provide for the regulation of foreign fish processing vessels in the fishery conservation zone, and for other purposes.
PL 95-354 (H.R.10732), enacted 08/28/1978

PUBLIC LAW 95-354—AUG. 28, 1978 
92 STAT. 519 
Public Law 95-354 
95th Congress 
An Act 
To authorize appropriations to carry out tlie Fishery Conservation and Manage-
ment Act of 1976 during fiscal year 1979, to provide for the regulation of foreign 
fish processing vessels in the fishery conservation zone, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United /States of America in Congress assembled, That section 406 of 
the Fishery Conservation and Management Act of 1976 (16 U.S.C. 
1882) is amended by adding at the end thereof the following new 
paragraph: 
" (5) $30,000,000 for the jfiscal year ending September 30,1979.". 
SEC. 2. (a) Section 2(a) (7) of the Fishery Conservation and Man-
agement Act of 1976 (16 U.S.C. 1801(a) (7)) is amended by striking 
out "United States fishermen" and inserting in lieu thereof "the United 
States fishing industry". 
(b) Section 2(b)(6) of such Act (16 U.S.C. 1801(b)(6)) is 
amended b;^ inserting immediately after "development" the following: 
"by the United States fishing industry". 
SEC. 3. Section 3 of the Fishery Conservation and Management Act 
of 1976 (16 U.S.C. 1802) is amended by redesignating paragraph (25) 
as paragraph (27), and by inserting the following new paragraphs 
immediately after paragraph (24): 
"(25) The term 'United States fish processors' means facilities 
located within the United States for, and vessels of the United 
States used or equipped for, the processing of fish for commercial 
use or consumption. 
" (26) The term 'United States harvested fish' means fish caught, 
taken, or harvested by vessels of the United States within any 
fishery for which a fishery management plan prepared under title 
III or a preliminary fishery management plan prepared under 
section 201 (h) has been implemented.". 
SEC. 4. Title II of the Fishery Conservation and Management Act 
of 1976 (16 U.S.C. 1821-1825) is amended as follows: 
(1) Section 201(a) (2) is amended by striking"(f)"and insert-
ing in lieu thereof " (g)". 
(2) Section 201(c)(3) is amended by striking out "exceed" 
and inserting in lieu thereof "harvest an amount of fish which 
exceeds". 
(3) Section 201 is amended by redesignating subsections (f) 
and (g) as (g) and (h), respectively, and by inserting after sub-
section (e) the following new subsection: 
"(f) FOREIGN ALLOCATION REPORT.—The Secretary of the Treasur-y, 
in cooperation with the Secretary and the Secretary of State, shall 
prepare and submit a report to the Congress and the President, not 
later than July 1 of each year, setting forth— 
"(1) a list of species of all allocations made to foreign nations 
pursuant to subsection (e) and all permits issued pursuant to sec-
tion 204(b) (6) (B); and 
"(2) all tariff and nontariff trade barriers imposed by such 
nations on the importation of such species from the United 
States.". 
Aug. 28, 1978 
[H.R. 10732] 
Fishery 
Conservation and 
Management Act 
of 1976, 
amendment. 
Appropriation 
authorization. 
Definitions. 
16 u s e 1851. 
16 u s e 1821. 
Report to 
Congress and 
President. 
16 u s e 1824. 
92 STAT. 520 
PUBLIC LAW 95-354—AUG. 28, 1978 
16 use 1821. 
(4) Section 201(h)(1), as redesignated by paragraph (3), is 
amended to read as follows: 
"(1) shall contain a preliminary description of the fishery and 
a preliminary determination as to— 
" (A) the optimum yield from such fishery; 
"(B) when appropriate, the capacity and extent to which 
United States fish processors will process that portion of such 
optimum yield that will be harvested by vessels of the United 
States; and 
"(C) the total allowable level of foreign fishing with 
respect to such fishery;". 
16 use 1824. 
(5) Section 204(b) (3)'is amended— 
(A) by amending subparagraph (D) to read as follows: 
"(D) the estimated amount of tonnage of fish which will 
be caught, taken, or harvested in each such fishery by each 
such vessel during the time the permit is in force;", 
(B) by redesignating subpara'^raph (E) as subparagraph 
(F),and 
(C) by inserting immediately after subparagraph (D) the 
following new subparagraph: 
"(E) the amount or tonnage of United States harvested 
fish, if any, which each such vessel proposes to receive at sea 
from vessels of the United States; and". 
Publication in 
(6) Section 204(b) (4) is amended by striking out "such appli-
Federal Register. 
cation in the Federal Register and" and inserting in lieu thereof 
"a notice of receipt of the application in the Federal Register. Any 
such notice shall summarize the contents of the applications f 
I'om 
each nation included therein with respect to the matters described 
in paragraph (3) and shall be set forth under the name of each 
Council to which it will be transmitted for comment. The Secre-
tary of State". 
(7) Section 204(b)(6) is amended— 
(A) by inserting "(A)" before "After" in the first sen-
tence thereof, 
(B) by inserting ", subject to subparagraph (B)," immedi-
ately after "may approve" in the second sentence thereof, and 
(C) by adding at the end thereof the following new 
subparagraph: 
"(B) (i) In the case of any application which specifies that one 
or more foreign fishing vessels propose to receive at sea United 
States harvested fish from vessels of the United States, the Sec-
retary may approve the application unless the Secretary deter-
mines, on the basis of the views, recommendations, and comments 
referred to in subparagraph (A) and other pertinent information, 
that United States fish processors have adequate capacity, and will 
utilize such capacity, to process all United States harvested fish 
from the fishery concerned. 
PUBLIC LAW 95-354—AUG. 28, 1978 
92 STAT. 521 
"(ii) The amount or tonnage of United States harvested fish 
which may be received at sea during any year by foreign fishing 
vessels under permits approved under this paragraph may not 
exceed that portion of the optimum yield of the fishery concerned 
which will not be utilized by United States fish processors. 
"(iii) In deciding whether to approve any application under 
this subparagraph, the Secretaiy may take into account, with 
respect to the foreign nation concerned, such other matters as the 
Secretary deems appropriate.". 
(8) Section 204(b)(7) is amended by redesignating subpara- 16 USC 1824. 
graph (D) as subparagraph (F), and inserting immediately after 
subparagraph (C) the following new subparagraphs: 
"(D) If the permit is issued other than pursuant to an 
application approved under paragraph (6)(B), the restric-
tion that the foreign fishing vessel may not receive at sea 
United States harvested fish from vessels of the United States. 
"(E) If the permit is issued pursuant to an application 
approved under paragraph (6) (B), the maximum amount or 
tonnage of United States harvested fish which may be received 
at sea from vessels of the United States.". 
SEC. 5. Title III of the Fishery Conservation and Management Act 
of 1976 (16 U.S.C. 1851-1861) is amended as follows: 
(1) Section 302(h)(5) is amended by inserting "the capacity 16 USC 1852. 
and extent to which TTnited States fish processors will process 
United States harvested fish from," immediately after "from,". 
(2) Section 303(a) (4) is amended— 
16 USC 1853. 
(A) by striking out "and" at the end of subparagraph (A); 
(B) by striking out "; and" at the end of subparagraph 
(B) and inserting in lieu thereof ", and" and 
(C) by adding at the end thereof the following new 
subparagraph: 
"(C) the capacity and extent to which United States fish 
processors, on an annual basis, will process that portion of 
such optimum yield that will be harvested by fishing vessels 
of the United States; and". 
(3) Section 303(a) (5) is amended by striking out "and number 
of hauls." and inserting in lieu thereof "number of hauls, and the 
estimated processing capacity of, and the actual processing 
capacity utilized by. United States fish processors.". 
(4) Section 307 is amended— 
16 USC 1857. 
(A) by striking out "and" at the end of paragraph (1) (H); 
(B) by striking out the period at the end of paragraph (2) 
and inserting in lieu thereof "; and"; and 
(C) by adding at the end thereof the following new 
paragraph: 
"(3) for any vessel of the United States, and for the owner or 
operator of any vessel of the United States, to transfer directly 
92 STAT. 522 
PUBLIC LAW 95-354—AUG. 28, 1978 
or indirectly, or attempt to so transfer, any United States har-
vested fish to any foreign fishing vessel, while such foreign vessel 
is within the fishery conservation zone, unless the foreign fishing 
16 use 1824. 
vessel has been issued a permit under section 204 which authorizes 
the receipt by such vessel of United States harvested fish of the 
species concerned.". 
Approved August 28, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 95-1334 accompanying H.R. 13340 and No. 95-1024 (Comm. 
on Merchant Marine and Fisheries). 
SENATE REPORTS: No. 95-935 accompanying S. 3050 and No. 95-815 (Comm. on 
Commerce, Science, and Transportation). 
CONGRESSIONAL RECORD, VoL 124 (1978): 
Apr. 10, considered and passed House. 
June 14, considered and passed Senate, amended. 
July 11, H.R. 13340 considered and passed House; passage vacated; House 
agreed to Senate amendments of H.R. 10732 with an amendment. 
Aug. 4, Senate concurred in House amendment with an amendment. 
Aug. 10, House concurred in Senate amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 35: 
Aug. 28, Presidential statement.