National Oceanic and Atmospheric Administration Marine Fisheries Program Authorization Act of 1985
PL 99-659 (S.991), enacted 11/14/1986

100 STAT. 3706 
PUBLIC LAW 99-659—NOV. 14, 1986 
Public Law 99-659 
99th Congress 
- 
' 
An Act 
Nov. 14, 1986 
To amend certain provisions of the law regarding the fisheries of the United States, 
[S. 991] 
and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
TITLE I—FISHERIES CONSERVATION AND 
MANAGEMENT 
SEC. 101. UNITED STATES RIGHTS AND AUTHORITY REGARDING FISH AND 
FISHERY RESOURCES WITHIN THE EXCLUSIVE ECONOMIC 
ZONE. 
(a) DEFINITION OF EXCLUSIVE ECONOMIC ZONE.—Section 3 of the 
Magnuson Fishery Conservation and Management Act (hereinafter 
in this title referred to as the "Act") (16 U.S.C. 1802) is amended— 
(1) by striking out paragraph (8); 
(2) by redesignating paragraphs (6) and (7) as paragraphs (7) 
and (8), respectively; and 
(3) by inserting immediately after paragraph (5) the following 
new paragraph: 
"(6) The term 'exclusive economic zone' means the zone estab-
97 Stat. 1557. 
lished by Proclamation Numbered 5030, dated March 10, 1983. 
For purposes of applying this Act, the inner boundary of that 
zone is a line coterminous with the seaward boundary of each of 
the coastal States.". 
(b) AUTHORITY REGARDING EXCLUSIVE ECONOMIC ZONE.—Title I of 
the Act (16 U.S.C. 1811-1813) is amended to read as follows: 
"TITLE I—UNITED STATES RIGHTS AND AUTHORITY 
REGARDING FISH AND FISHERY RESOURCES 
Claims. 
"SEC. 101. UNITED STATES SOVEREIGN RIGHTS TO FISH AND FISHERY 
16 u s e 1811. 
MANAGEMENT AUTHORITY. 
"(a) IN THE EXCLUSIVE ECONOMIC ZONE.—Except as provided in 
section 102, the United States claims, and will exercise in the 
manner provided for in this Act, sovereign rights and exclusive 
fishery management authority over all fish, and all Continental 
Shelf fishery resources, within the exclusive economic zone. 
"(b) BEYOND THE EXCLUSIVE ECONOMIC ZONE.—The United States 
claims, and will exercise in the manner provided for in this Act, 
exclusive fishery management authority over the following: 
"(1) All anadromous species throughout the migratory range 
of each such species beyond the exclusive economic zone; except 
that that management authority does not extend to any such 
species during the time they are found within any foreign 
nation's territorial sea or exclusive economic zone (or the 
PUBLIC LAW 99-659—NOV. 14, 1986 
100 STAT. 3707 
equivalent), to the extent that that sea or zone is recognized by 
the United States. 
"(2) All Continental Shelf fishery resources beyond the exclu-
sive economic zone. 
•SEC. 102. EXCLUSION FOR HIGHLY MIGRATORY SPECIES. 
16 use 1812. 
"The sovereign rights and exclusive fishery management author-
ity asserted by the United States under section 101 over fish do not 
include, and may not be construed to extend to, highly migratory 
species of fish.". 
(c) CONFORMING AMENDMENTS.—The Act is amended— 
(1) by amending section 2— 
(A) by amending paragraph (1) of subsection (b) to read as 
follows: 
"(1) to take immediate action to conserve and manage the 
16 USC 1801. 
fishery resources found off the coasts of the United States, and 
the anadromous species and Continental Shelf fishery resources 
of the United States, by exercising (A) sovereign rights for the 
purposes of exploring, exploiting, conserving, and managing all 
fish except highly migratory species, within the exclusive eco-
nomic zone established by Presidential Proclamation 5030, 
dated March 10, 1983, and (B) exclusive fishery management 
97 Stat. 1557. 
authority beyond the exclusive economic zone over such anad-
romous species and Continental Shelf fishery resources;"; and 
(B) by amending paragraph (5) of subsection (c) to read as 
follows: 
"(5) to support and encourage active United States efforts to 
obtain internationally acceptable agreements which provide for 
effective conservation and management of fishery resources."; 
(2) by striking out "fishery conservation zone" each place it 
appears therein and inserting "exclusive economic zone"; and 
(3) by amending the entry for title I in the table of contents of 
the Act to read as follows: 
"TITLE I—UNITED STATES RIGHTS AND AUTHORITY REGARDING FISH 
AND FISHERY RESOURCES 
"Sec. 101. United States sovereign rights to fish and fishery management authority. 
"Sec. 102. Exclusion for highly migratory species." 
SEC. 102. FOREIGN FISHING PERMITS. 
Section 204(b) of the Act (16 U.S.C. 1824(b)) is amended— • 
(1) by adding at the end of paragraph (1) the following new 
sentence: "No permit issued under this section may be valid for 
longer than a year; and section 558(c) of title 5, United States 
Code, does not apply to the renewal of any such permit."; 
(2) by striking out ", upon its request" in paragraph (4)(C); 
(3) by amending paragraph (6) by inserting ", or he may 
disapprove all or any portion of the application" immediately 
before the period at the end of subparagraph (A); and 
(4) by amending paragraph (12) to read as follows: 
"(12) SANCTIONS.—(A) If any foreign fishing vessel has been 
used in the commission of any act prohibited by section 307, or 
if the owner or operator of the vessel has committed such an 
act, the Secretary may, or if any civil penalty imposed under 
section 308 or any criminal fine imposed under section 309 has 
not been paid and is overdue, the Secretary shall— 
"(i) revoke such permit, if any, issued for the vessel under 
this subsection, with or without prejudice to the right of the 
Vessels. 
Law 
enforcement and 
crime. 
100 STAT. 3708 
PUBLIC LAW 99-659—NOV. 14, 1986 
3i. foreign nation involved to obtain a permit for such vessel in 
any subsequent year; 
UIJ c? 
"(ii) suspend such permit for the period of time deemed 
appropriate; 
, ;; 
"uii) deny a permit under this subsection to the vessel; or 
"(iv) impose additional conditions and restrictions on the 
- " 
approved application of the foreign nation involved and on 
'^'' 
any permit issued under that application. 
i"*' Any permit which is suspended under this subparagraph for 
nonpayment of a civil penalty shall be reinstated by the Sec-
retary upon the payment of such civil penalty together with 
interest thereon at the prevailing rate. 
"S 
"(B) The Secretary may temporarily deny or suspend the 
permit of any foreign fishing vessel pending the outcome of any 
'^^^ ^' 
' 
administrative proceeding respecting a violation of section 307 
of this Act if the Secretary determines that— 
"(i) based upon information available to the Secretary, 
there are reasonable grounds to believe that the vessel has 
been used in the commission of such violation; 
"(ii) immediate suspension of fishing privileges would 
serve the purposes of this Act; and 
^ j&.av • ^-; 
"(iii) either— 
'.. 
"(I) the violation presents a serious threat to the 
iiiii^ , 
public interest, 
'' •-'*' 
"(II) the violation presents a serious threat to the 
. , 
achievement of any purpose or policy of this Act, or 
' "^ 
"(III) the owner or operator of the vessel has been 
V
; 
involved in a prior violation of this Act. 
In applying this subparagraph— 
"(I) the Secretary must notify the vessel owner of the 
::' •' 
proposed denial or suspension and give the owner a reason-
i
!
> isJ: 
able opportunity, not longer than 10 days from service of 
notice, to respond in writing or otherwise; 
ri:>Y'i "(II) if a permit is denied or suspended under this 
subparagraph, any administrative proceeding respecting 
„ji, ,.;j the violation at issue must be held as promptly as possible; 
and 
"(III) if another permit application is pending for such 
vessel on or after the date of the violation, the Secretary 
need not act on that application before deciding whether or 
w
« 
not to deny or suspend temporarily a permit under this 
lo 
subparagraph,". 
SEC. 103. HEALTH AND SAFETY STANDARDS FOR FOREIGN FISHING 
VESSELS. 
(a) STANDARDS FOR UNITED STATES OBSERVERS.—Subsection (i) of 
16 use 1821. 
section 201 of the Act (19 U.S.C. 1821(i)) is amended— 
(1) by inserting "(A)" after "(1)" in paragraph (1); 
(2) by inserting at the end of paragraph (1) the following new 
.-: / 
3 subparagraph: 
'^ti-^ '" 
"(B) The Secretary shall by regulation prescribe mini-
•'• '"'" 
/.'^ 
if 
mum health and safety standards that shall be maintained 
aboard each foreign fishing vessel with regard to the facili-
ties provided for the quartering of, and the carrying out of 
observer functions by. United States observers."; and 
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(3) by amending subparagraph (B) of paragraph (2) to read as 
f
? 
follows: - - . 
PUBLIC LAW 99-659—NOV. 14, 1986 
100 STAT. 3709 
"(B) the time during which a foreign fishing vessel will 
engage in fishing within the exclusive economic zone will be of 
such short duration that the placing of a United States observer 
aboard the vessel would be impractical; or". 
(b) COMPLIANCE WITH VESSEL SAFETY STANDARDS OF THE FLAG 
COUNTRY.—Paragraph (3) of section 204(b) of the Act (16 U.S.C. 
1824(b)(3)) is amended— 
(1) by striking "and" at the end of subparagraph (E); 
(2) by inserting "and" after the semicolon at the end of 
subparagraph (F); and 
(3) by adding after subparagraph (F) the following new 
i .« 
subparagraph: 
-
* • 
- ,. 
"(G) all applicable vessel safety standards imposed by the 
. * 
foreign country, and shall include written certification that the 
,.- 
,-
vessel is in compliance with those standards;". 
SEC. 104. REGIONAL FISHERY MANAGEMENT COUNCILS. 
(a) VOTING MEMBERS.—(1) Subsection (b) of section 302 of the Act 
(16 U.S.C. 1852(b)) is amended as follows: 
(A) Paragraph (2)(A) is amended to read as follows: 
"(2)(A) The members of each Council required to be appointed by 
the Secretary must be individuals who are knowledgeable and 
experienced with regard to the conservation and management, or 
the recreational or commercial harvest, of the fishery resources of 
the geographical area concerned. The Secretary, in making appoint-
ments under this section, shall, to the extent practicable, ensure a 
fair apportionment, on a rotating or other basis, of the active 
participants (or their representatives) involved in the 
fisheries 
under Council jurisdiction.". 
(B) Paragraph (2)(B) is amended— 
(i) by adding after the first sentence thereof the following 
new sentence: "A Governor may not submit the names of 
individuals to the Secretary for appointment unless the 
f 
Governor has, to the extent practicable, first consulted with 
representatives of the commercial and recreational fishing 
••yfiM: interests of the state regarding those individuals."; 
(ii) by striking out "knowledge or experience" in the third 
sentence thereof and inserting "knowledge and experi-
-ai 
ence";and 
(iii) by adding at the end thereof the following new 
sentence: "An individual is not eligible for appointment by 
i 
the Secretary until that individual complies with the 
applicable financial disclosure requirements under subsec-
tion (k).". 
(C) Paragraph (3) is amended to read as follows: 
"(3) Each voting member appointed to a Council by the Secretary 
in accordance with subsection (b)(2) shall serve for a term of 3 years; 
except that the Secretary may designate a shorter term if necessary 
to provide for balanced expiration to terms of office.". 
(2) The amendments made by paragraph (1) shall apply with 
16 use 1852 
respect to voting members of regional fishery management councils ^°^^-
who are appointed, and to individuals who are nominated for 
appointment as voting members, on or after the date of the enact-
ment of this Act. 
(h) COUNCIL COMMENT ON FEDERAL AND STATE ACTION AFFECTING 
HABITAT.—Section 302 of the Act is further amended— 
(1) by redesignating subsection (i) as subsection (j); and 
. 
100 STAT. 3710 
PUBLIC LAW 99-659—NOV. 14, 1986 
(2) by adding after subsection (h) the following new subsec-
tion: 
"(i) FISHERY HABITAT CONCERNS.—Each Council may comment on, 
or make recommendations concerning, any activity undertaken, or 
proposed to be undertaken, by any State or Federal agency that, in 
the view of the Council, may affect the habitat of a fishery resource 
under its jurisdiction. Within 45 days after receiving such a com-
ment or recommendation from a Council, a Federal agency must 
provide a detailed response, in writing, to the Council regarding the 
matter.". 
State and local 
(c) CLOSURE OF MEETINGS.—Paragraph (4) of section 302(j) of the 
governments. 
Act (as redesignated by subsection (b)) is amended by striking out "; 
information 
except that" and all that follows thereafter and inserting "; except 
16 use 1852. 
that such procedures, in the case of statistics submitted to the 
Council by a State or by the Secretary under section 303(d), must be 
consistent with the laws and regulations of that State, or with the 
procedures of the Secretary, as the case may be, concerning the 
confidentiality of the statistics.". 
(d) COMMITTEES AND PANELS.—Subsection (j) (as redesignated by 
sulssection 0))) of section 302 of the Act is further amended by adding 
at the end thereof the following new paragraph: 
"(5) Each Council shall specify those procedures that are 
necessary or appropriate to ensure that the committees and 
advisory panels established under subsection (g) are involved, on 
a continuing basis, in the development and amendment of 
fishery management plans.". 
(e) DISCLOSURE OF FINANCIAL INTEREST.—(1) Section 302 of the Act 
is further amended by adding at the end thereof the following new 
subsection: 
"(k) DISCLOSURE OF FINANCIAL INTEREST.—(1) For purposes of this 
subsection, the term "affected individual" means an individual 
who— 
"(A) is nominated by the Governor of a State for appointment 
as a voting member of a Council in accordance with subsection 
(b)(2); 
"(B) is a voting member of a Council appointed under subsec-
tion 03)(2); or 
"(C) is the executive director of a Council. 
"(2) Each affected individual must disclose any financial interest 
held by— 
"(A) that individual; 
r i 
"(B) the spouse, minor child, or partner of that individual; and 
:©. 
"(C) any organization (other than the Council) in which that 
individual is serving as an officer, director, trustee, partner, or 
employee; 
in any harvesting, processing, or marketing activity that is being, or 
will be, undertaken within any fishery over which the Council 
concerned has jurisdiction. 
"(3) The disclosure required under paragraph (2) shall be made— 
:•' 
' f 
"(A) in the case of an affected individual referred to in 
' -' , 
paragraph (IXA), before appointment by the Secretary; and 
"(B) in the case of an affected individual referred to in 
paragraph (1) (B) or (C), within 45 days of taking office. 
"(4) An affected individual referred to in paragraph (1) (B) or (C) 
must update his or her disclosure form at any time any such 
financial interest is acquired, or substantially changed, by any 
person referred to in paragraph (2) (A), (B), or (C). 
x
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PUBLIC LAW 99-659—NOV. 14, 1986 
100 STAT. 3711 
"(5) The financial interest disclosures required by this subsection 
shall— 
"(A) be made on such forms, in accordance with such proce-
dures, and at such times, as the Secretary shall by regulation 
I - prescribe; and 
"(B) be kept on file, and made available for public inspection 
at reasonable hours, at the Council offices. 
"(6) The participation by an affected individual referred to in 
paragraph (1) (B) or (C) in an action by a Council during any time in 
which that individual is not in compliance with the regulations 
prescribed under paragraph (5) may not be treated as cause for the 
invalidation of that action. 
"(7) Section 208 of title 18, United States Code, does not apply to 
an affected individual referred to in paragraph (1) (B) or (C) during 
any time in which that individual is in compliance with the regula-
tions prescribed under paragraph (5).". 
(2) For purposes of applying subsection (k) of section 302 of the Act 
(as added by paragraph (1)) to voting members and executive direc-
tors of regional fishery management councils who are serving in 
those capacities on the date on which the regulations prescribed to 
carry out that subsection first take effect, each such member or 
director must file a disclosure form under that subsection within 45 
days after that date. 
SEC. 105. FISHERY MANAGEMENT PLANS; DISCLOSURE OF CONFIDEN-
TIAL STATISTICS. 
(a) REQUIRED PROVISIONS.—(1) Section 303(a) of the Act (16 U.S.C. 
1853(a)) is amended— 
(A) by striking out "and" at the end of paragraph (4); 
(B) by striking out the period at the end of paragraph (5) and 
inserting a comma; and 
(C) by adding after 
paragraph (5) the following new 
paragraphs: 
"(6) consider, and may provide for, temporary adjustments, 
after consultation with the Coast Guard and persons utilizing 
the fishery, regarding access to the fishery for vessels otherwise 
prevented from harvesting because of weather or other ocean 
conditions affecting the safety of the vessels; and 
"(7) include readily available information regarding the 
significance of habitat to the fishery and assessment as to the 
effects which changes to that habitat may have upon the 
fishery.". 
(2) The amendments made by paragraph (1) apply to each fishery 
management plan that— 
(A) is submitted to the Secretary of Commerce for review 
under section 304(a) of the Act, or that is prepared by the 
Secretary, after January 1,1987; or 
(B) is in effect on that date, but compliance with those amend-
ments is not required except in conjunction with the amend-
ment to the plan next occurring after that date. 
(b) DISCLOSURE OF CONFIDENTIAL STATISTICS.—The first sentence of 
section 303(d) of the Act (16 U.S.C. 1853(d)) is amended to read as 
follows: "Any statistic submitted to the Secretary by any person in 
compliance with any requirement under subsection (a)(5) shall be 
confidential and shall not be disclosed; except— 
gii 
Regulations. 
Records. 
Public 
information. 
16 u s e 1852 
note. 
Vessels. 
16 u s e 1853 
note. 
Post, p. 3712. 
100 STAT. 3712 
PUBLIC LAW 99-659—NOV. 14, 1986 
"(1) to Federal employees and Council employees who are 
responsible for management plan development and monitoring; 
"(2) when required by court order.". 
* .,-,n v
^ , . 
SEC. 106. ACTION BY SECRETARY REGARDING FISHERY MANAGEMENT 
PLANS. 
.. n c. 
, Section 304 of the Act (16 U.S.C. 1854) is amended as follows: 
(1) Subsection (a) is amended— 
(A) by striking out "(the date of receipt of which is 
^,. 
hereafter in this section referred to as the 'receipt date')" in 
'^'^ 
paragraph (1); 
^ , 
(B) by redesignating subparagraphs (A), (B), and (C) of 
oi V, 
paragraph (1) as subparagraphs (B), (CJ), and (D), respec-
? 
tively; 
(C) by inserting immediately before subparagraph (B), as 
so redesignated, of paragraph (1) the following new 
'•^''' 
' 
^ ^ 
subparagraph: 
^ ' 
' ' 
"(A) immediately make a preliminary evaluation of the 
management plan or amendment for purposes of deciding if 
it is consistent with the national standards and sufficient in 
T 
scope and substance to warrant review under this subsec-
b 
tion and— 
"(i) if that decision is affirmative, implement sub-
paragraphs (B), (C), and (D) with respect to the plan or 
' ' " ' ' 
amendment, or 
"(ii) if that decision is negative— 
. ' ' 
. . . 
"(I) disapprove the plan or amendment, and 
"(II) notify the Council, in writing, of the dis-
approval and of those matters specified in subsec-
-,.c- 
tion (b)(2)(A), (B) and (C) as they relate to the plan 
or amendment;"; 
,.. ( , 
(D) by amending subparagraph (C) (as so redesignated) of 
paragraph (1) by striking out "75-day" and inserting "60-
gu,;.^3V 
. 
day"; 
, 
(E) by amending subparagraph (D) (as so redesignated) of 
paragraph (1) by striking out "30th day" and inserting 
"15th day"; 
(F) by amending paragraph (2)— 
,, 
(i) by striking out "(IXA)" and inserting "(IXB)"; and 
' 1 ' " 
(ii) by striking out the period at the end of subpara-
'; 
graph (C) and inserting "and to fishery access adjust-
' ' 
' 
ments referred to in section 303(aX6)."; and 
(G) by adding at the end thereof the following new 
=
*
D ^ 
paragraph: 
>K 
"(3XA) The Secretary shall take action under this section on any 
fishery management plan or amendment to a plan which the Coun-
• t: A
i
- 
cil characterizes as being a final plan or amendment. 
"(B) For purposes of this section, the term 'receipt date' means the 
5th day after the day on which a Council transmits to the Secretary 
a fishery management plan, or an amendment to a plan, that it 
characterizes as a final plan or amendment." 
(2) Subsection (b) is amended— 
au 
(A) by amending paragraph (IXA) to read as follows: 
ffi 
"(A) the Secretary does not notify the (Douncil in writing 
"(i) his disapproval under subsection (aXlXAXii), or 
CI 
t>fi 
PUBLIC LAW 99-659—NOV. 14, 1986 
100 STAT. 3713 
B <
j ' i' 
"(ii) his disapproval, or partial disapproval, under 
paragraph (2), of the plan or amendment before the 
close of the 95th day after the receipt date; or"; 
i .,^ , 
(B) by striking out "75th day" in paragraph (1)(B) and 
inserting "60th day"; 
itj.i '.,.y- 
(C) by amending paragraph (2) by striking out "paragraph 
(1)(A)" and inserting "paragraph (1)(B)"; and 
-.s-rj: 
(D) hy amending paragraph (8)— 
(i) by striking out "If the Secretary" in subparagraph 
si jj , 
(A) and inserting "If the Secretary disapproves a pro- 
,7. 
, f
^ 
posed plan or amendment under subsection (a)(l)(A)(ii), 
.; 
or", and 
(ii) by striking out "(a)(1)(A)" in each of subpara-
,.,, 
graphs (B)(i) and (C)(i) and inserting "(a)(1)(B)". 
'. 
(3) Subsection (c) is amended— 
(A) by striking out "75-day" in paragraph (2)(A)(ii) and 
inserting "60-day"; 
(B) by striking out "30th day" in paragraph (2)(A)(iii) and 
inserting "15th day"; and 
(C) by striking out "75-day" wherever it appears in para-
graph (2)(B) and inserting "60-day". 
(4) Subsection (e) is amended— 
(A) by inserting ", in cooperation with the Councils," 
immediately after "maintain'; 
J
^ 
(B) by striking out "management," and inserting 
•' 
"management and on the economics of the fisheries,"; and 
(C) by adding at the end thereof the following: "The 
Secretary shall annually review and update the comprehen-
sive program and make the results of the review and 
' 
update available to the Councils.". 
SEC. 107. SUBMISSION OF CERTAIN FALSE STATEMENTS A PROHIBITED 
ACT. 
(a) KNOWING AND WILLFUL SUBMISSION.—Paragraph (1) of section 
307 of the Act (16 U.S.C. 1857(1)) is amended— 
(1) by striking out "or" at the end of subparagraph (G); 
(2) by inserting "or" after the semicolon at the end of subpara-
graph (H); and 
J ; • 
' 3' 
(3) by adding at the end thereof the following new 
sulsparagraph: 
.0 
"(I) to knowingly and willfully submit to a Council, the Sec-
retary, or the Governor of a State false information (including, 
but not limited to, false information regarding the capacity and 
extent to which a United States fish processor, on an annual 
'A 
basis, will process a portion of the optimum yield of a fishery 
that will be harvested by fishing vessels of the United States) 
n 
regarding any matter that the Council, Secretary, or Governor 
is considering in the course of carrying out this Act.". 
(b) CONFORMING AMENDMENT.—Section 309(a)(1) of the Act (16 
U.S.C. 1859(a)(1)) is amended by striking out "or (H)" and inserting 
"(H), or (J)". 
SEC. 108. CIVIL PENALTIES. 
Courts, U.S. 
Section 308 of the Act (16 U.S.C. 1858) is amended— 
^^'^• 
(1) by amending the first sentence of subsection (b) to read as 
follows: "Any person against whom a civil penalty is assessed 
t 
under subsection (a) may obtain review thereof in the United 
100 STAT. 3714 
PUBLIC LAW 99-659—NOV. 14, 1986 
Maritime affairs. 
Claims. 
16 use 1861. 
States district court for the appropriate district by filing a 
* 
complaint in such court within 30 days from the date of such 
order and by simultaneously serving a copy of such complaint 
'' 
by certified mail on the Secretary, the Attorney General and 
the appropriate United States Attorney."; 
'- 
(2) by redesignating subsections (d) and (e) as subsections (e) 
and (f), respectively; and 
(3) by inserting immediately after subsection (c) a new subsec-
tion (d) to read as follows: 
"(d) IN REM JURISDICTION.—A fishing vessel (including its fishing 
gear, furniture, appurtenances, stores, and cargo) used in the 
commission of an act prohibited by section 307 shall be liable in rem 
for any civil penalty assessed for such violation under section 308 
and may be proceeded against in any district court of the United 
States having jurisdiction thereof. Such penalty shall constitute a 
maritime lien on such vessel which may be recovered in an action in 
rem in the district court of the United States having jurisdiction 
over the vessel.". 
,,,-,.,,,; 
SEC. 109. ADMINISTRATIVE FORFEITURES. 
(a) PROCEDURES.—Section 310 of the Act (16 U.S.C. 1860) is 
amended— 
(1) by amending the second sentence of subsection (c) to read 
.,, 
as follows: "The provisions of the customs laws relating to— 
•' 
"(1) the seizure, forfeiture, and condemnation of property 
r 
for violation of the customs law; 
"(2) the disposition of such property or the proceeds from 
the sale thereof; and 
"(3) the remission or mitigation of any such forfeiture; 
shall apply to seizures and forfeitures incurred, or alleged to 
have been incurred, under the provisions of this Act, unless 
such provisions are inconsistent with the purposes, policy, and 
' 
provisions of this Act."; and 
(2) by adding at the end of subsection (d)(1) the following new 
sentence: "Nothing in this paragraph may be construed to 
require the Secretary, except in the Secretary's discretion or 
pursuant to the order of a court under section 311(d), to release 
on bond any seized fish or other property or the proceeds from 
the sale thereof.". 
(b) JURISDICTION OF COURTS.—Section 311 of the Act (16 U.S.C. 
1861) is amended— 
(1) by redesignating subsection (e) as subsection (f); and 
(2) by inserting after subsection (d) the following: 
"(e) PAYMENT OF STORAGE, CARE, AND OTHER COSTS.—Notwith-
standing any other provision of law, after September 30, 1986, the 
Secretary or the Secretary of the Treasury may pay from sums 
received as fines, penalties, or forfeitures of property for violations 
of any provision of this Act— 
"(1) the reasonable and necessary costs incurred in providing 
temporary storage, care, and maintenance of seized fish or other 
property pending disposition of any civil or criminal proceeding 
alleging a violation of any provision of this Act with respect to 
that fish or other property; and 
"(2) a reward to any person who furnishes information which 
leads to an arrest, conviction, civil penalty assessment, or for-
feiture of property for any violation of any provision of this Act. 
PUBLIC LAW 99-659—NOV. 14, 1986 
100 STAT. 3715 
Any person assessed a civil penalty for, or convicted of, any violation 
of any provision of this Act shall be liable for the cost incurred in 
storage, care, and maintenance of any fish or other property seized 
in connection with the violation concerned.". 
SEC. no. REPEAL. 
Section 401 of the Act (16 U.S.C. 1881; relating to the Law of Sea 
Treaty), and the entry referring to that section in the table of 
contents of the Act, are repealed. 
SEC. 111. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATION.—Section 406 of the Act (16 U.S.C. 1882) 
is amended by adding at the end thereof the following new 
paragraphs: 
"(12) $69,000,000 for fiscal year 1986. 
"(13) $70,800,000 for fiscal year 1987. 
.1. 
"(14) $72,900,000 for fiscal year 1988. 
"(15) $75,000,000 for fiscal year 1989.". 
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t
>
) LIMITATIONS REGARDING CERTAIN N O A A FISHERY RESEARCH 
VESSELS.—During fiscal years 1986 and 1987, the Secretary of Com-
merce may not replace with chartered fishery survey vessels the 
fishery research vessels of the National Oceanic and Atmospheric 
- ^ 
Administration operated by the Atlantic Marine Center, unless a 
period of 90 days has expired after the Secretary has submitted to 
Congress a full and complete statement (including relevant support-
ing studies) concerning the proposed chartering and the reasons 
therefor. 
SEC. 112. CLERICAL AMENDMENTS. 
Section 3(4) of the Act (16 U.S.C. 1802(4)) is amended— 
(1) by striking out "Artica islandica" in the listing of mollusks 
and inserting in lieu thereof "Arctica islandica"; and 
(2) by striking out "Hippiospongia canaliculata" in the listing 
of sponges and inserting in lieu thereof "Spongia cheiris' . 
SEC. 113. DIRECTIONS REGARDING FISHERY MANAGEMENT COUNCIL 
MEMBERSHIP. 
Notwithstanding section 302 of the Act (16 U.S.C. 1852) and 
16 USC1852 
effective on and after the date of the enactment of this Act, the note. 
Secretary shall take action to ensure, to the extent practicable, that 
i -; * i 
those persons dependent for their livelihood upon the fisheries 
within the respective jurisdictions of the Regional Fishery Manage-
ment Councils are fairly represented as voting members of the 
Councils. 
TITLE II—FISH AND SEAFOOD 
PROMOTION 
Fish and Seafood 
Promotion Act of 
1986. 
SEC. 201. SHORT TITLE. 
16 USC 4001 
This title may be cited as the "Fish and Seafood Promotion Act of 
1986". 
SEC. 202. FINDINGS. 
16 USC 4001. 
The Congress finds that— 
(1) the commercial fishing industry of the United States 
significantly contributes to the national economy, and could 
100 STAT. 3716 
PUBLIC LAW 99-659—NOV. 14, 1986 
" 
make a greater contribution if fish resources within the United 
: 
States Exclusive Economic Zone were more fully utilized; 
(2) the commercial fisheries of the United States provide 
significant employment in coastal areas and in processing and 
distribution centers; 
. 
(3) fish contribute an important nutritional component to the 
', 
American diet; 
(4) increased consumption of seafood in the United States 
could significantly lower the risk of many cardiovascular 
diseases; 
! 
(5) Federally supported development programs for commer-
cial fisheries are unable to meet present and future marketing 
needs; 
(6) many fish species are underutilized by the United States 
fishing industry because of underdeveloped markets; and 
(7) the United States fishing industry has the potential to 
expand greatly its contribution to interstate and foreign com-
merce, favorably affecting the balance of trade. 
Business and 
SEC. 203. PURPOSE. 
16 USCM002. 
The purpose of this title is to— 
(1) strengthen the competitive position of the United States 
commercial fishing industry in the domestic and international 
marketplace; 
» 
(2) encourage the development and utilization of all species of 
fish available for harvest by the United States fishing industry; 
(3) encourage the utilization of domestically-produced fish 
through enhancement of markets, promotion, and public 
relations; 
'• 
(4) help the United States fishing industry develop methods to 
improve quality and efficiency in the marketplace; 
(5) educate and inform consumers on the use of fish; 
Research and 
(6) develop better coordination of fisheries marketing and 
development. 
promotion activities with commercial fisheries research and 
development programs; and 
. 
(7) educate and inform the public about the nutritional value 
of fish in the diet. 
. 
. 
16 use 4003. 
SEC. 204. DEFINITIONS. 
- 
.. • * 
As used in this title, the term— 
(1) "consumer education" means actions undertaken to 
inform consumers on matters related to the consumption of fish 
and fish products; 
(2) "council" means a seafood promotional council established 
under section 210 of this title; 
(3) "fish" means finfish, mollusks, crustaceans, and all other 
forms of aquatic animal life used for human consumption; the 
term does not include marine mammals and seabirds; 
(4) "Fund" means the Fisheries Promotional Fund established 
in section 209 of this title; 
(5) "harvester" means any individual who is in the business of 
catching or growing fish for purposes of sale; 
(6) "importer" means any person in the business of importing 
fish or fish products into the United States from another coun-
try for commercial purposes or who acts as an agent, broker, or 
consignee for any person or nation that produces, processes or 
l^U 
i>I 
PUBLIC LAW 99-659—NOV. 14, 1986 
100 STAT. 3717 
K markets fish or fish products outside of the United States for 
sale or other commercial purpose in the United States; 
(7) "marketer" means any person who is in the business of 
selling fish or fish products in the wholesale, retail, or res-
;; taurant trade, but whose primary business function is not the 
iO processing or packaging of fish or fish products in preparation 
'A for sale; 
(8) "marketing and promotion" means an activity aimed at 
encouraging the consumption of fish or fish products or expand-
^ 
ing or maintaining commercial markets for fish or fish 
products; 
(9) "member" means any person serving on the National 
Council or on any council; 
(10) "National Council" means the National Fish and Seafood 
Promotional Council established in section 205 of this title; 
ji 
(11) "person" means any individual, group of individuals, 
partnership, corporation, association, cooperative, or any pri-
v:u vate entity organized or existing under the laws of the United 
States or any State, commonwealth, territory or possession of 
yr the United States; 
(12) "processor" means any person who is in the business of 
u 
preparing or packaging fish or fish products (including fish 
JO. of the processor's own harvesting) for sale; 
10 
(13) "receiver" means any person who owns fish processing 
vessels and any person in the business of acquiring fish directly 
.' 
from harvesters; 
J
*
: 
(14) "research" means any type of research designed to ad-
vance the image, desirability, usage, marketability, production 
or quality of fish and fish products; 
(15) "sector" means— 
1 
(A) the sector consisting of harvesters; 
(B) the sector consisting of importers; 
(C) the sector consisting of marketers; 
d 
(D) the sector consisting of processors; 
•' 
(E) the sector consisting of receivers; or 
u 
(F) the consumer sector consisting of persons profes-
'. 
sionally engaged in the dissemination of information 
• 
pertaining to the nutritional benefits and preparation of 
fish and fish products; 
(16) "Secretary" means the Secretary of Commerce, or the 
'- Secretary's designee; and 
•
> 
(17) "United States" means the several States, the District of 
Columbia, Puerto Rico, the Virgin Islands, Guam, American 
Samoa, the Northern Mariana Islands and any other territory, 
possession, or commonwealth of the United States. 
SEC. 205. ESTABLISHMENT OF THE NATIONAL COUNCIL. 
16 USC 4004. 
(a) EsTABUSHMENT.—There is established the National Fish and 
Seafood Promotional Council. 
(b) COMPOSITION OF THE NATIONAL COUNCIL.—(1) The National 
Council shall be composed of the Secretary, who shall be a 
nonvoting member, and fifteen voting members appointed by the 
' 
Secretary. 
(2) Nominations for appointees shall be submitted in a manner 
prescribed by the Secretary. 
(c) REGIONAL REPRESENTATION.—The National Council shall be 
comprised of regional representation from the Northeast, Southeast, 
100 STAT. 3718 
PUBLIC LAW 99-659—NOV. 14, 1986 
Pacific, and Alaska regions. The Northeast region shall consist of 
the States of Maine, New Hampshire, Massachusetts, Rhode Island, 
Connecticut, New York, New Jersey, Delaware, Pennsylvania, 
Maryland and Virginia. The Southeast region shall consist of the 
States of North Carolina, South Carolina, Georgia, Florida, Ala-
bama, Mississippi, Louisiana and Texas, the Commonwealth of 
Puerto Rico, and the territory of the Virgin Islands. The Pacific 
region shall consist of the States of Idaho, Washington, Oregon, 
California, and Hawaii, the territories of Guam and American 
Samoa, and the Commonwealth of the Northern Mariana Islands. 
The Alaska region shall consist of the State of Alaska. 
(d) VOTING MEMBERS.—(1) The voting members of the National 
Council shall be— 
(A) three members who reside in or do substantial fishing 
industry business in the Northeast region; 
(B) three members who reside in or do substantial fishing 
industry business in the Southeast region; 
(C) three members who reside in or do substantial fishing 
ti 
industry business in the Pacific region; 
(D) three members who reside in or do substantial fishing 
i' 
industry business in the Alaska region; 
i 
(E) two members-at-large with demonstrated expertise in 
fresh-water and inland commercial fisheries and who are not 
^ 
residents of the states of the Alaska, Pacific, Southeast, or 
f 
Northeast regions; and 
(F) one member-at-large who is either a person professionally 
f- engaged in the dissemination of information pertaining to the 
2 
nutritional benefits and preparation of fish and fish products or 
a person who is a member of an organized labor union and has 
expertise in the United States fisheries. 
(2) Of the members appointed pursuant to each of paragraphs 
(1)(A) through (D) of this subsection, one shall be a harvester, one 
shall be a processor or a receiver, and one shall be a marketer. 
(e) TERM OF OFFICE.—Members of the National Council shall be 
appointed for a term of 4 years. A vacancy in the National Council 
shall not affect its ability to function. The Secretary shall appoint a 
new member within sixty days to fill a vacancy in an unexpired 
term. Any member may remain on the National Council beyond 
that member's term until a successor is appointed. 
(f) CHAIRMAN.—The National Council shall annually elect a Chair-
man by a majority of those voting, if a quorum is present. Ten 
members of the National Council shall constitute a quorum, but a 
lesser number may hold hearings. 
(g) FIRST MEETING.—The National Council shall first meet within 
one hundred and eighty days after the date of enactment of this Act. 
. ,
^
^
^ 
(h) COMPENSATION OF MEMBERS.—Members of the National Coun-
M
K
j
f j€ • V
; 
^jj gjiall serve without compensation, but shall be reimbursed in 
accordance with section 5703 of title 5, United States Code, for 
resisonable travel costs and expenses incurred in performing their 
duties as members of the National Council. 
16 u s e 4005. 
SEC. 206. FUNCTIONS AND DUTIES OF THE NATIONAL COUNCIL. 
(a) FUNCTIONS AND DUTIES.—The National Council shall— 
-fj 
(1) prepare and submit to the Secretary, for the Secretary's 
review and approval, an annual marketing and promotion plan 
^; 
which contains descriptions of consumer education, research, 
and other marketing and promotion activities of the National 
PUBLIC LAW 99-659—NOV. 14, 1986 
100 STAT. 3719 
Patents and 
trademarks. 
Labeling. 
Fraud. 
Council for the following year, including plans to coordinate the 
activities of councils established under section 210 of this title; 
(2) prepare and submit to the Secretary, for the Secretary's 
review and approval, an annual budget of the anticipated ex-
penses and disbursements of the National Council, including 
probable costs of consumer education, research, and other 
marketing and promotion plans or projects, and referenda 
under section 210 of this title; 
(3) maintain accounting records of the receipt and disburse-
ment of all funds entrusted to the National Council, subject to 
the Secretary's right to review or inspect such records; 
(4) maintain such books and records as the Secretary deter-
mines appropriate; and 
(5) prepare and submit to the Secretary from time to time 
such reports or proposals as the Secretary or the National 
Council determines appropriate for furthering the purposes and 
policies of this title. 
(b) ANNUAL PLAN.—Each annual marketing and promotion plan 
shall be directed to— 
(1) increasing the general demand for fish and fish products; 
(2) encouraging, expanding, or improving the marketing and 
promotion and utilization of fish and fish products; and 
(3) improving the dissemination of data collected by consumer 
education, research, and other marketing promotion activities. 
(c) PROHIBITION ON CERTAIN REFERENCES.—Consumer education 
and other marketing and promotion activities of the National Coun-
cil shall contain no reference to a private brand or trade name and 
shall avoid use of deceptive acts or practices in behalf of fish or fish 
products or with respect to the quality, value, or use of any compet-
ing product or group of products. In addition, the National Council 
may not promote the consumption or purchase of a single or group 
of similar fish species (such as members of the same genera); except 
that the Council may use illustrations of a single or group of similar 
fish species in the course of promoting the generic consumption of 
fish and fish products. 
(d) EXECUTIVE DIRECTOR.—The National Council may employ and 
determine the salary of an executive director, but such salary shall 
not exceed Senior Executive Service Level 6. The executive director 
shall have demonstrated expertise in the marketing and promotion 
of food products and may, without regard to the provisions of title 5, 
United States Code, with the approval of the National Council, 
select and employ additional staff as necessary. 
(e) FUNDING OF REFERENDUM.—The National Council may enter 
into agreements with applicants proposing to establish a council 
under section 210 of this title for the purposes of funding a referen-
dum establishing the council. The National Council may enter into 
agreements with the councils established under section 210 of this 
title for the purpose of funding a referendum to establish quality 
standards, or a referendum to terminate any such council. 
(f) AGREEMENTS.—The National Council may enter into agree-
ments to develop and carry out activities authorized under this title. 
(g) TERMINATION OF NATIONAL COUNCIL.—The National Council 
shall cease to exist on October 1,1990. 
SEC. 207. DUTIES OF THE SECRETARY WITH REGARD TO THE NATIONAL 
16 USC 4006. 
COUNCIL. 
(a) DUTIES OF THE SECRETARY.—The Secretary shall— 
5 USC 5332. 
100 STAT. 3720 
PUBLIC LAW 99-659—NOV. 14, 1986 
(1) within sixty days after its submission by the National 
Council, review the annual marketing and promotion plan and 
budget and, if the Secretary determines that such plan and 
budget are in accordance with the purposes and policies of this 
title, approve such plan and budget; 
(2) administer the Fund and, in accordance with subsection (b) 
of this section, withdraw from the Fund such sums as are 
necessary to carry out the National Council's approved market-
ing and promotion plan and budget; 
Regulations. 
(3) promulgate regulations necessary to carry out the pur-
poses and policies of this title; 
(4) provide such administrative assistance as the National 
Council may require for purposes of its initial organization and 
operation; and 
(5) make all appointments to the National Council within 
ninety days after the date of enactment of this Act. 
(b) WITHDRAWAL OF FUNDS.—The Secretary shall make withdraw-
als of sums from the Fund under this section at the request of the 
National Council, unless the Secretary determines that the purposes 
for which such sums are requested are not reasonably likely to 
further the purposes and policies of this title. 
16 use 4007. 
SEC. 208. VOLUNTARY PAYMENTS. 
Any person may make voluntary payments to assist the National 
- i-< 
Council to carry out its annual marketing and promotion plan and 
annual budget. The Secretary shall deposit such payments into the 
Fund. 
16 use 4008. 
SEC. 209. ESTABLISHMENT OF FISHERIES PROMOTIONAL FUND. 
(a) ESTABLISHMENT OF THE FUND.—There is established in the 
Treasury of the United States a Fisheries Promotional Fund. The 
Fund shall be available, to the extent provided for in appropriation 
Acts, for the purpose of making payments to carry out the annual 
marketing and promotion plan and annual budget of the National 
Council under this title. 
(b) DEPOSITS.—There shall be deposited in the Fund— 
* ' • " ' ' 
(1) the moneys transferred to the Fund under section 2(b)(2) of 
the Act of August 11, 1939 (commonly known as the Saltonstall-
Kennedy Act; 15 U.S.C. 713c-3(b)); 
(2) payments made voluntarily pursuant to section 208 of this 
title; and 
(3) receipts from investments made under subsection (c) of this 
section. 
(c) DEPOSITS AND INVESTMENTS.—Sums in the Fund that are not 
currently needed for the purposes of the Fund shall be kept on 
deposit in appropriate interest-bearing accounts that shall be estab-
lished by the Secretary of the Treasury, or invested in obligations of, 
or guaranteed by, the United States. Any revenue accruing from 
such deposits and investments shall be deposited in the Fund. 
(d) AUTHORIZATION.—There are authorized to be appropriated 
from the Fund, for the purposes of carrying out the annual market-
ing and promotion plan and annual budget of the National Council 
i'iC;' .
=
? 
under this title, such sums as are deposited in the Fund under 
subsection (b) of this section in each fiscal year beginning in fiscal 
year 1987 through fiscal year 1990. 
, , . . . . . . . . , . , . . . . , . 
PUBLIC LAW 99-659—NOV. 14, 1986 
100 STAT. 3721 
'.;>:• 
tO 
(e) AMENDMENTS TO THE SALTONSTALL-KENNEDY ACT.—Subsection 
(b) of section 2 of the Act of August 11, 1939 (15 U.S.C. 713c-3(b)), is 
amended— 
^ 
(1) by inserting "(1)" before "The Secretary of Agriculture"; 
'^ 
(2) by striking out "separate fund" and all that follows there-
after and inserting in lieu thereof the following: "separate fund 
' only for— 
"(A) use by the Secretary— 
"(i) to provide financial assistance for the purpose of 
carrying out fisheries research and development 
projects approved under subsection (c), and 
"(ii) to implement the national fisheries research and 
development program provided for under subsection 
(d); and 
"(B) the provision of moneys, subject to paragraph (2), to 
,,^ 
,. carry out the purposes of the Fisheries Promotion Fund 
established under section 208(a) of the Fish and Seafood 
Promotion Act of 1986."; and 
(3) by adding at the end thereof the following new paragraph: 
"(2) There are transferred from the fund established under para-
graph (1) to the Fisheries Promotion Fund referred to in paragraph 
(1)(B) $750,000 in fiscal year 1987, $3,000,000 in each of fiscal years 
1988 and 1989, and $2,000,000 in fiscal year 1990.". 
SEC. 210. ESTABLISHMENT OF A COUNCIL. 
(a) APPLICATION.—An application for a charter for a seafood 
marketing council for one or more species of fish and fish products 
of that species may be filed by persons who meet the requirements 
specified in accordance with subsection (b)(6) of this section. 
(b) FORM OF APPUCATION.—An application for a charter for a 
council shall be made by filing with the Secretary the text of a 
proposed charter in such form as shall be prescribed by regulation 
by the Secretary. The text of a proposed charter must contain such 
information as the Secretary considers necessary or appropriate for 
carrying out the provisions of this title, including— 
(1) the name of the council and a provision proclaiming its 
>
f establishment; 
;; 
(2) a declaration of the purposes and objectives of the council; 
(3) a description of the species of fish and fish products for 
which the council will implement marketing and promotion 
plans under section 211 of this title; 
(4) the identification of each sector and the number and terms 
of representatives of each sector that will be represented as 
voting members of the council; 
(5) the identification of those sectors (including the sector 
consisting of harvesters, the sector consisting of receivers, and, 
if subject to assessment, the sector consisting of importers) 
subject to a referendum to establish a council under subsection 
(e) of this section; 
•^'- 
(6) a specification for each sector described under paragraph 
(5) of this subsection of the minimum requirements, as meas-
ured by income, volume, or other relevant factors, that a person 
engaging in business in the sector must meet in order to partici-
pate in a referendum; 
(7XA) a description of the procedures for determining assess-
ment rates under section 213 of this title; 
Research and 
development. 
Ante, p. 3720. 
16 use 4009. 
Regulations. 
100 STAT. 3722 
PUBLIC LAW 99-659—NOV. 14, 1986 
(B) the proposed rate or rates that will be imposed by the 
council on receivers and, if subject to assessment, importers 
during its first year of operation; 
(C) the maximum amount an assessment rate for any period 
may be raised above the rate applicable for the immediately 
preceding period; and 
(D) the maximum rate or rates that can be imposed by a 
council on receivers or importers during the operation of the 
/ ; 
council; 
(8) a provision setting forth the definition of a quorum for 
making decisions on council business and the procedures for 
selecting a chairman of the council; 
(9) a provision setting forth the voting procedures by which 
votes may be cast by proxy; and 
(10) such other provisions relating to administration of the 
council as the Secretary considers necessary. 
The text of a proposed charter shall be accompanied by a document 
identifying, to the extent practicable by address of place of business, 
the persons (hereinafter referred to as "sector participants") that 
are considered by the applicants to meet the requirements specified 
in paragraph (6) of this subsection. The text of a proposed charter 
shall include provisions setting forth procedures for. providing re-
funds to those sector participants subject to assessment under sec-
tion 213 of this title, and may also include provisions which establish 
...^ . - 
a maximum limit on the amount that any one sector participant 
may be required to pay under an assessment for any period. 
(c) CONTENTS OF CHARTER.—The Secretary may not approve a 
proposed charter filed under subsection (a) of this section unless 
such charter provides that— 
(1) the council will have voting members representing the 
' ' 
'" ' 
harvesting, receiving and, if subject to assessment, importing 
sectors; and 
(2) the members of the council shall serve without compensa-
tion, but shall be reimbursed for their reasonable expenses 
incurred in performing their duties as members of the council. 
(d) REVIEW OF CHARTER.—(1) Within 180 days of the receipt of an 
application to establish a council, the Secretary shall— 
(A) identify, to the extent practicable, those sector partici-
pants that meet the requirements for eligibility to participate in 
the referendum under subsection (e) of this section; 
(B) determine, to the extent practicable, if the charter is 
accompanied by a petition comprised of the signatures or cor-
porate certifications, as the case may be, of no less than three 
sector participants in each sector identified in accordance with 
subsection (b)(5) of this section who collectively accounted for, in 
the twelve-month period immediately preceding the month in 
which the application was filed, not less than 10 percent of the 
value of the fish or fish products described in accordance with 
subsection 0))(3) of this section that were handled by each such 
sector during that period; and 
(C) determine if the proposed charter is consistent with the 
provisions of this title and any other applicable law. 
(2) If any negative determination is made under paragraph (1) of 
this subsection regarding a proposed charter, the Secretary shall 
advise in writing the sector participants who made the application 
of the reasons for such determination. A corrected application may 
be submitted thereafter to the Secretary for approval. 
PUBLIC LAW 99-659—NOV. 14, 1986 
100 STAT. 3723 
(e) CONDUCT OF REFERENDUM.—(1) Upon making affirmative deter-
minations under subsection (d)(1) of this section regarding a pro-
posed charter, the Secretary, within 90 days after the date of the last 
of such determinations, shall conduct a referendum on the adoption 
of the proposed charter among all sector participants identified in 
accordance with subsection (d)(1)(A) of this section. The Secretary 
shall by order establish the council and approve the proposed char-
ter, if the referendum votes which are cast in favor of the proposed 
charter constitute a majority of the sector participants voting in 
each sector and the majority collectively accounts for, in the twelve-
month period immediately preceding the month in which the pro-
posed charter was filed under subsection (a) of this section, at least 
sixty-six percent of the value of the fish and fish products described 
in accordance with subsection (b)(3) of this section that were handled 
by that sector during such period. 
(2) Not less than thirty days prior to holding a referendum under 
this subsection, the Secretary shall— 
(A) publish (by such means as will result in wide publicity in 
regions affected by the proposed charter) the text of the pro-
posed charter and a list of those sector participants eligible to 
vote in the referendum; and 
(B) provide for public comment, including the opportunity for 
a public meeting. 
(3)(A) The Secretary shall pay all costs of a referendum which 
establishes a council under this subsection. Within two years after a 
council is established the council shall reimburse the Secretary for 
any expenses incurred for the conduct of the referendum from 
assessments collected by the council. Prior to the holding of a 
referendum under this subsection, the Secretary shall require the 
q-
applicants to post a bond or other security acceptable to the Sec-
retary, in an amount which the Secretary determines to be suffi-
cient to pay any expenses incurred for the conduct of the referen-
dum, and shall immediately recover such amount if a referendum 
fails to result in the establishment of a council. 
(B) As used in this paragraph, the term "expenses incurred for the 
conduct of the referendum" does not include salaries of Government 
employees or other administrative overhead, but is limited to those 
additional direct costs incurred in connection with conduct of the 
referendum. 
(f) NOMINATIONS.—(1) Within thirty days after a council is estab-
lished under subsection (e) of this section, the Secretary shall solicit 
from the sectors represented on the council nominations for mem-
bers of the council. If the harvesters and receivers represented on 
,, 
, 
the council are engaged in business in two or more regions of the 
United States, the nominations made under this paragraph, and the 
appointments to the council made under paragraph (8) of this 
subsection, must, to the extent practicable, result in equitable 
representation for the constituent regions. 
(2) No person is eligible for nomination or appointment as a 
member of a council unless such person is knowledgeable and 
experienced with regard to the activities of, and is or has been 
actively engaged in the business of, the sector which such person 
will represent on the council. 
(3) The Secretary shall, within sixty days after the end of the 
thirty-day period referred to in paragraph (1) of this subsection, 
appoint the members of the council from among the nominees. 
(4) A vacancy on a council shall be filled, within sixty days after 
the vacancy occurs, in the same manner in which the original 
• * X s . ' ' 
100 STAT. 3724 
PUBLIC LAW 99-659—NOV. 14, 1986 
appointment was made. A member appointed to fill a vacancy 
occurring before the expiration of the term for which the member's 
predecessor was appointed shall be appointed only for the remainder 
of such term. 
(5) The Secretary shall remove any member of a council if the 
council concerned first recommends, by not less than two-thirds of 
its members, removal for cause. Such a recommendation of a council 
must be in writing and accompanied by a statement of the reasons 
upon which the recommendation is based. 
(g) NATURE OF A COUNCIL.—A council is not an instrumentality of 
the United States Government. 
16 use 4010. 
SEC. 211. FUNCTIONS AND POWERS OF COUNCILS. 
^, 
1 :; 
(a) ACTIVITIES OF A COUNCIL.—(1) Each council shall— 
, ^ -^j 
(A) Adopt a seal which shall be judicially noticed; 
' 
(B) implement all terms of its charter; 
(C) prepare and submit to the Secretary, for review and 
approval under section 212(a)(1) of this title, a marketing and 
promotion plan and amendments to such plan which contain 
descriptions of the projected consumer education, research, and 
other marketing and promotion activities of the council; 
(D) implement and administer an approved marketing and 
promotion plan and amendments to such plan; 
(E) determine the assessments to be made under section 213 of 
this title and administer the collection of such assessments to 
finance council expenses described in paragraph (2) of this 
subsection; 
Reports. 
(F) receive, investigate and report to the Secretary accounts of 
violations of rules or orders relating to assessments collected 
under section 213 of this title, or quality standard requirements 
established under subsection (c) of this section; 
(G) prepare and submit to the Secretary, for review and 
approval under section 212(a)(1) of this title, a budget (on a fiscal 
year basis) of the anticipated expenses and disbursements of the 
council, including— 
(i) all administrative and contractual expenses; 
"•'' ' 
(ii) the probable costs of consumer education, research, 
and other marketing and promotion plans or projects; 
' • 
(iii) the costs of the collection of assessments; and 
,'' 
(iv) the expense of repayment of the costs of each referen-
dum conducted in regard to the council; 
Records. 
(H) maintain books and records, prepare and submit to the 
Reports. 
Secretary such reports from time to time as may be necessary 
for appropriate accounting with respect to the receipt and 
.^,^^, disbursement of funds entrusted to it, and cause a complete 
audit report to be submitted to the Secretary at the end of each 
fiscal year; 
(I) reimburse the Secretary for the expenses incurred for the 
conduct of the referendum to establish the council or any 
subsequent referendum to terminate the council that fails; and 
Reports. 
(J) prepare and submit to the Secretary from time to time 
such reports or proposals as the council determines appropriate 
to further the purposes of this title. 
(2) Funds collected by a council under section 213 of this title shall 
be used by the council for— 
V 
|* 
PUBLIC LAW 99-659—NOV. 14, 1986 
100 STAT. 3725 
,J3 
(A) research, consumer education, and other marketing and 
promotion activities regarding the quality and marketing of fish 
and fish products; 
(B) other expenses, as described in subsection (a)(1)(G) of this 
section; 
(C) such other expenses for the administration, maintenance, 
and functioning of the council as may be authorized by the 
,1 Secretary; 
(D) any reserve fund established under subsection (b)(5) of this 
section and any administrative expenses incurred by the Sec-
retary specified as reimbursable under this title. 
(3) Marketing and promotion plans and amendments to such plans 
prepared by a council under subsection (a)(1)(C) of this section shall 
be designed to increase the general demand for fish and fish prod-
ucts described in accordance with section 210(b)(3) of this title by 
encouraging, expanding, and improving the marketing, promotion 
and utilization of such fish and fish products, in domestic or foreign 
markets, or both, through consumer education, research, and other 
marketing and promotion activities, 
(4) Consumer education and other marketing and promotion 
activities carried out by a council under a marketing and promotion 
plan and amendments to such plan may not contain references to 
any private brand or trade name and shall avoid the use of deceptive 
acts or practices in promoting fish or fish products or with respect to 
the quality, value, or use of any competing product or group of 
products. 
(b) AUTHORITY OF A COUNCIL.—A council may— 
(1) sue and be sued; 
(2) enter into contracts; 
? 
(3) employ and determine the salary of an executive director 
who may, with the approval of the council, employ and deter-
mine the salary of such additional staff as may be necessary; 
(4) collaborate with other councils and with the National 
Council in establishing and implementing a national marketing 
and promotion plan for one or more species of fish or fish 
products; and 
(5) establish a reserve fund from monies collected and re-
ceived under section 213 of this title to permit an effective and 
sustained program of research, consumer education, and other 
marketing and promotion activities regarding the quality and 
marketing of fish and fish products in years when production 
and assessment income may be reduced, but the total reserve 
fund may not exceed the amount budgeted for the current fiscal 
year of operation. 
(c) QuAUTY STANDARDS.—(1) A council may develop and submit to 
the Secretary for approval, or upon the request of a council the 
Secretary shall develop, quality standards for a fish or fish product 
described in accordance with section 210(b)(3) of this title. Any 
quality standard developed under this paragraph shall be consistent 
with the purposes of this title. 
(2) A quality standard developed under paragraph (1) of this 
subsection may be adopted by a council by a majority of the mem-
bers of the council if first approved, in a referendum conducted by 
the council, by a majority of the sector participants of the sector 
concerned voting and the majority collectively accounted for, in the 
twelve-month period immediately preceding the month in which the 
referendum is held, not less than sixty-six percent of the value of the 
im>i 
Patents and 
trademarks. 
Labeling. 
Fraud. 
'BW^i 
100 STAT. 3726 
PUBLIC LAW 99-659—NOV. 14, 1986 
fish or fish products described in accordance with section 210(b)(3) of 
this title that were handled by that sector during such period. 
(3) With respect to a quality standard adopted under paragraph (2) 
of this subsection, the council shall develop and file with the Sec-
retary an official identification in the form of a symbol, stamp, label, 
or seal that will be used to indicate that a fish or fish product meets 
the quality standard at the time the official identification is affixed 
to the fish or fish product, or is affixed to or printed on the 
packaging material of the fish or fish product. 
Regulations. 
(4) The Secretary shall establish by regulation procedures for the 
use of an official identification filed with the Secretary under 
paragraph (3) of this subsection. Misuse of an official identification 
established under this section shall constitute a violation of this 
title. 
(5) Prior to issuing final regulations under paragraph (4) of this 
subsection, the Secretary shall— 
(A) publish the proposed regulations by such means as will 
result in wide publicity in affected regions; and 
(B) provide for public comment and the opportunity for a 
public hearing. 
(6) A council may receive, investigate and report to the Secretary 
accounts of violations of regulations issued under paragraph (4) of 
this subsection. 
(7) Any regulation issued under paragraph (4) of this subsection 
shall be repealed immediately by the Secretary upon the termi-
nation under section 216 of this title of the council that developed 
the official identification to which the regulations apply. 
(8) The procedures applicable to the adoption and the taking effect 
of a quality standard developed under this subsection also apply to a 
subsequent amendment or the termination of such standard. 
(d) AMENDMENT OF A CHARTER.—A council may submit to the 
Secretary amendments to the text of the council's charter. Any 
proposed amendments to a charter shall be approved or dis-
approved in the same manner as the original charter was approved 
under section 210 (d) and (e) of this title, with the exception of section 
210(d)(lXB). 
16 use 4011. 
SEC. 212. FUNCTIONS AND POWERS OF THE SECRETARY. 
(a) DUTIES OF THE SECRETARY.—In addition to the duties prescribed 
under section 210 of this title, the Secretary shall— 
(1) review, for consistency with the provisions of this title and 
other applicable law, and approve or disapprove, marketing and 
promotion plans and budgets within sixty days after their 
submission by a council; 
(2) immediately notify a council in writing of the disapproval 
of a marketing and promotion plan or budget, together with 
reasons for such disapproval; 
(3) issue orders and amendments to such orders that are 
necessary to implement quality standards under section 211(c) 
of this title; 
Regulations. 
(4) promulgate regulations necessary to carry out the pur-
poses of this title; 
(5) enforce the provisions of this title, as provided under 
section 217 of this title; and 
(6) make all appointments to councils in accordance with 
section 210(f) of this title. 
* " ' 
PUBLIC LAW 99-659—NOV. 14, 1986 
100 STAT. 3727 
(b) ASSISTANCE.—The Secretary may provide, on a reimbursable or 
other basis, such administrative or technical assistance as a council 
may request for purposes of the initial organization and subsequent 
operation of the council. 
SEC. 213. ASSESSMENTS. 
16 USC 4012. 
(a) AUTHORITY.—A council shall impose and administer the collec-
tion of the assessments that are necessary to pay for all expenses 
incurred by the council in carrying out its functions under this title. 
(b) METHOD OF IMPOSITION.—(1) Assessments shall be imposed on 
sector participants in the receiving sector or the importing sector, or 
both, as specified in an approved council charter. 
(2) An assessment on sector participants in the receiving sector 
Maritime affairs, 
shall be— 
(A) except for an owner of a fish processing vessel, in the form 
f 
?' 
of a percentage of the value of the fish described in accordance 
*' 
J with section 210(b)(3) of this title when purchased by such 
participants from fish harvesters; and 
(B) for an owner of a fish processing vessel, in the form of a 
percentage of the value of the fish described in accordance with 
section 210(b)(3) of this title and harvested by such a vessel that 
is no less than the value of such fish, if such fish had been 
.aroijfc.ns 
- 
purchased by a receiver other than an owner of such a vessel. 
(3) An assessment on sector participants in the importing sector 
shall be in the form of a percentage of the value, as determined for 
the purposes of the customs laws, of the fish or fish products 
described in accordance with section 210(b)(3) of this title when 
entered, or withdrawn from warehouse for consumption, in the 
customs territory of the United States by such sector participants. 
(c) PROHIBITION ON ASSESSMENT.—A council may not impose an 
assessment on any person that was not eligible to vote in the 
referendum establishing the council under section 210(e) of this title 
by reason of failure to meet the requirements specified under sec-
tion 210(b)(6) of this title, unless such person, after the date on which 
such referendum is held, meets the requirements of section 210(b)(6) 
of this title. 
(d) VOLUNTARY PAYMENTS.—Any person may make voluntary pay-
ments or in-kind contributions to a council for purposes of assisting 
the council in carrying out its functions. 
(e) DEPOSIT OF FUNDS.—All funds collected or received by a council 
under this section shall be deposited by the council in an appro- 
. i 
.; 
priate account in the name of the council specified in its charter. 
Funds eligible to be collected or received by a council shall be 
limited to those authorized under this section. 
(f) INFORMATION.—(1) Sector participants shall make available to 
the Secretary such information and data as is necessary for the 
effectuation, administration or enforcement of this title or any order 
or regulation issued pursuant to this title. Except as provided in 
paragraphs (2) and (3) of this subsection, any information obtained 
in carrying out this subsection shall be kept confidential by all 
officers and employees of the Department of Commerce, inde-
pendent accountants and other persons who have access to such 
information. 
< ot 
J 
(2) If the Secretary or an employee of the United States Govern-
ment is a party to a suit or administrative action involving an 
assessment, order, or regulation issued under this title, the Sec-
retary may disclose information obtained under paragraph (1) of this 
€U 
100 STAT. 3728 
PUBLIC LAW 99-659—NOV. 14, 1986 
subsection to the extent allowed by the judicial or administrative 
officer presiding over such suit or action. 
>;,. 
>
. 
(3) This subsection shall not prohibit— 
(A) the issuance of general or statistical statements based 
upon reports of a number of persons subject to the provisions of 
this title which do not identify the information furnished by any 
person; or 
(B) the publication by direction of the Secretary of the name 
of any person violating a requirement relating to an assessment 
t 
imposed under subsection (a) of this section or to quality stand-
1 
ards implemented by the Secretary under section 211(c) of 
this title, and a statement of the particular provisions of the 
requirement violated by such person. 
Law 
(4) Any individual who is required to keep information confiden-
enforcement and tial under this subsection and who knowingly violates this subsec-
'^"'"^' 
tion shall, upon conviction, be— 
(A) subject to a fine of not more than $1,000 or to imprison-
ment for not more than one year, or both; and 
"
^
^ 
(B) removed from office if an officer or employee of a council 
or the Department of Commerce. 
16 u s e 4013. 
SEC. 214. P E T I T I O N S . 
• :'• 
- • • 
(a) FILING OF PETITION.—Any person subject to assessment under 
section 213 of this title may file a written petition with the Sec-
retary alleging that— 
(1) the assessment, 
^
"
' 
(2) the plan approved under section 212(a)(1) of this title on 
which the assessment is based, or 
(3) any obligation imposed under the plan, 
is not in accordance with law and requesting the Secretary to 
modify or take other appropriate action regarding the assessment or 
plan. 
(b) FORM OF PETITION.—Any such petition shall be in writing and 
filed within the period prescribed by the Secretary. A person who 
files a petition under this section shall be given an opportunity for a 
hearing regarding the petition in accordance with regulations issued 
by the Secretary. After such a hearing, or if no hearing is requested, 
after consideration of all documentation and other evidence, the 
Secretary shall make a ruling upon such petition. 
16 u s e 4014. 
SEC. 215. REFUNDS. 
a w . 
Notwithstanding any other provision of this title, any person who 
pays an assessment under this title may demand and shall promptly 
receive from the council a refund of such assessment. A demand for 
refund must be made in accordance with the procedures, and within 
such time, as shall be prescribed by the council and approved by the 
Secretary. Procedures to provide such a refund shall be established 
before any such assessment may be collected. Such procedures shall 
allow any person to request a refund for not less than ninety days 
from such collection, and provide that any such refund shall be 
made within sixty days after demand for such refund is made. 
16 u s e 4015. 
SEC. 216. TERMINATION OF A COUNCIL. 
(a) PETITION FOR TERMINATION.—(1) A petition to terminate a 
council may be filed with the Secretary by no less than three sector 
participants in any one sector. Any petition filed under this subsec-
PUBLIC LAW 99-659—NOV. 14, 1986 
100 STAT. 3729 
tion shall be accompanied by a written document explaining the 
reasons for such petition. 
(2) If the Secretary determines that a petition filed under para-
graph (1) of this subsection is accompanied by the signatures, or 
corporate certifications, as the case may be, of no less than three 
sector participants in a sector referred to in paragraph (1) of this 
subsection who collectively accounted for, in the twelve-month 
period immediately preceding the month in which such petition was 
filed, not less than 20 percent of the value of the fish or fish products 
described in accordance with section 210(b)(3) of this title that were 
handled by that sector during such period, the Secretary, within 90 
days after such determination, shall conduct a referendum for 
termination of the council among all sector participants in that 
sector. 
(3) Not less than 30 days prior to holding a referendum under this 
subsection, the Secretary shall publish a notice of such referendum, 
including the document explaining the reasons for the petition filed 
under paragraph (1) of this subsection and any other relevant 
information the Secretary considers appropriate. 
(4) If the referendum votes which are cast in favor of terminating 
the council constitute a majority of the sector participants voting 
and the majority, in the period referred to in paragraph (2) of this 
subsection, collectively accounted for not less than sixty-six percent 
of the value of such fish and fish products that were handled during 
such period by a sector referred to in paragraph (1) of this subsec-
tion, the Secretary shall by order terminate the council effective as 
of a date by which the affairs of the council may be concluded on an 
orderly basis. 
(5) The Secretary initially shall pay all costs of a referendum Securities. 
conducted under this subsection. Prior to conducting such a referen-
dum, the Secretary shall require petitioners to post a bond or other 
security acceptable to the Secretary in an amount which the Sec-
retary determines to be sufficient to pay any expenses incurred for 
the conduct of such referendum. 
(6)(A) If a referendum conducted under this subsection fails to 
result in the termination of the council, the Secretary shall imme-
diately recover the amount of the bond posted by petitioners under 
paragraph (5) of this subsection. 
(B) If a referendum conducted under this subsection results in the 
termination of the council, the Secretary shall recover the expenses 
incurred for the conduct of the referendum from the account estab-
lished by the council under section 213(e) of this title. If the amount 
remaining in such account is insufficient for the Secretary to re-
cover all expenses incurred for the conduct of the referendum, the 
Secretary shall recover the balance of such expenses from 
the petitioners that posted a bond under paragraph (5) of this 
subsection. 
(b) PAYMENT OF REMAINING FUNDS.—If a council is terminated 
under subsection (a) of this section, the Secretary, after recovering 
all expenses incurred for the conduct of the referendum under 
. ,, 
subsection (a) of this section, shall take such action as is necessary 
:--.>'\r-
and practicable to ensure that moneys remaining in the account 
established by the council under section 213(e) of this title are paid 
on a prorated basis to the sector participants from whom those 
moneys were collected under section 213 of this title. 
100 STAT. 3730 
PUBLIC LAW 99-659—NOV. 14, 1986 
Courts, U.S. 
16 use 4016. 
District of 
Columbia. 
SEC. 217. ENFORCEMENT. 
(a) AUTHORITY.—(1) The district courts of the United States shall 
have jurisdiction specifically to enforce and to prevent and restrain 
any person from violating any assessment, order or regulation made 
or issued under this title. 
(2)( 
A) If a council has reason to believe that a person subject to an 
assessment, order or regulation made or issued under this title is 
violating such assessment, order or regulation, it may refer the 
matter to the Secretary. 
(B) Except as provided in subparagraphs (C) or (D) of this para-
graph, any civil action authorized to be brought under this subsec-
tion, when referred by a council under subparagraph (A) of this 
paragraph, shall be referred to the Attorney General for appropriate 
action. 
(C) If the Secretary believes that the administration and enforce-
ment of the provisions of this title would be adequately served by 
taking administrative action under subsection (b) of this section or 
by providing written notice or warning to any person committing a 
violation of this title, the Secretary is not required to refer such 
violation to the Attorney General. 
(D) Whenever a matter has been referred by a council under 
subparagraph (A) of this paragraph and the Secretary or the Attor-
ney General fails within 60 days of such referral to take appropriate 
action, the council may, upon filing notice with the Secretary or 
Attorney General, as appropriate, and other interested parties, 
bring an action in its own name. 
(b) RECOVERY OF COSTS.—(1)(A) When a council brings an action 
under subsection (a)(2) of this section, the council may recover costs 
of litigation and, where the action is brought to collect an unpaid 
assessment, interest from the date the amount became due and 
payable. 
(B) Any person who violates any provision of an order (including a 
cease and desist order previously issued under this paragraph) or 
regulation issued by the Secretary under this title, or who fails or 
refuses to pay, collect, or remit any assessment required under this 
title, may be assessed a civil penalty by the Secretary of not less 
than $500 nor more than $5,000 for each such violation. Each 
violation shall be a separate offense. In addition to, or in lieu of, a 
civil penalty under this subparagraph, the Secretary may issue an 
order requiring such person to cease and desist from continuing 
such violation. 
(C) No penalty shall be assessed, or cease and desist order issued, 
under this paragraph unless the affected person is given notice and 
opportunity for a hearing before the Secretary with respect to such 
violation. 
(D) Any order of the Secretary under this paragraph assessing a 
penalty or imposing a cease and desist order shall be final and 
conclusive, unless the affected person files an appeal from the 
Secretary's order with the appropriate United States court of 
appeals. 
(2)(A) Any person against whom a violation is found under para-
graph (1) of this subsection may obtain review of such action in the 
United States court of appeals for the circuit in which such person 
resides or has his place of business, or in the United States Court of 
Appeals for the District of Columbia Circuit, by filing a notice of 
appeal in such court within thirty days after the date of such order 
PUBLIC LAW 99-659—NOV. 14, 1986 
100 STAT. 3731 
and by simultaneously sending a copy of such notice by certified 
mail to the Secretary. 
(B) The Secretary shall promptly file in the court a certified copy 
of the record upon which such violation was found. 
(C) The findings of the Secretary shall be set aside only if found to 
be unsupported by substantial evidence or not in accordance with 
law. 
(3)(A) If any person fails to pay a civil penalty under this subsec-
tion after it has become final, the Secretary shall refer the matter to 
the Attorney General. 
(B) The Attorney General shall institute appropriate action to 
recover the amount assessed under this subsection in a district court 
of the United States. 
(C) If, within sixty days after such referral, the Attorney General 
fails to institute such appropriate action, the council to whose 
programs the assessment, order or regulation relates may institute 
an action in its own name. 
SEC. 218. INVESTIGATIONS. 
(a) AUTHORITY TO MAKE INVESTIGATIONS.—The Secretary may 
make such investigations as the Secretary determines necessary 
to— 
(1) carry out the Secretary's responsibilities under this title; 
and 
(2) determine whether any person has engaged in any act or 
practice which constitutes a violation of the provisions of this 
title. 
(b) OATHS AND AFFIRMATIONS.—For the purpose of investigations 
under subsection (a) of this section, the Secretary may administer 
oaths and affirmations, subpoena witnesses, compel their attend-
ance, take evidence, and require the production of any books, 
papers, and documents which are relevant to the inquiry. The 
attendance of such witnesses and the production of any such records 
may be required from any place in the United States. 
(c) COURT ORDERS.—In case of contumacy or refusal to obey a 
subpoena issued under this section by any person, the Secretary 
may invoke the aid of any court of the United States within the 
jurisdiction of which such investigation or proceeding is carried on, 
or where such person resides or has his business, to require the 
attendance and testimony of witnesses and the production of books, 
papfers, and documents. Such court may issue an order requiring 
such person to appear before the Secretary to produce records or to 
give testimony relating to the matter under investigation. 
SEC. 219. REPORT. 
The Secretary shall, not later than March 1, 1989, submit to the 
Congress a report on the effectiveness of the implementation of this 
title in achieving the purposes of this title. 
16 use 4017. 
16 use 4001 
note. 
TITLE III—INTERJURISDICTIONAL 
FISHERIES 
SEC. 301. SHORT TITLE. 
This title may be cited as the "Interjurisdictional Fisheries Act of 
1986". 
Inter-
jurisdictional 
Fisheries Act of 
1986. 
16 use 4101 
note. 
100 STAT. 3732 
PUBLIC LAW 99-659—NOV. 14, 1986 
16 u s e 4101. 
SEC. 302. PURPOSES. 
' 
" 
{
^
B 
The purposes of this title are— 
^
* 
(1) to promote and encourage State activities in support of the 
management of interjurisdictional fishery resources; and 
(2) 
to 
promote 
and 
encourage 
management 
of 
interjurisdictional fishery resources throughout their range. 
16USC4102. 
SEC. 303. DEFINITIONS. 
? ' - - ' 
- : ^ 
: J 
" ? 
For the purposes of this title: 
(1) The term "Federal fishery management plan" means a 
plan developed under the Magnuson Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.). 
(2) The term "fishery resource" means finfish, mollusks, 
crustaceans, and any other form of marine animal or plant life, 
other than marine mammals and birds. 
(3) The term "interjurisdictional fishery resource" means— 
(A) a fishery resource for which a fishery occurs in waters 
^--' 
' 
under the jurisdiction of one or more States and the exclu-
,;- 
sive economic zone established by Proclamation Numbered 
97 Stat. 1557. 
- i;,. 
5030, dated March 10, 1983; 
(B) a fishery resource for which there exists an interstate 
TJI f
f 
fishery 
management plan; or 
(C) a fishery resource which migrates between the waters 
*'" 
under the jurisdiction of two or more States bordering on 
f
^ 
the Great Lakes. 
For purposes of applying section 305(a)(3) during fiscal year 
1987, 
a Federal fishery management plan or an interstate fish-
ery management plan for the fishery resource need not be in 
existence, but a plan of either kind for that resource must be in 
the development process during that year. 
(4) The term "interstate fishery management plan" means a 
plan for managing fisheries developed and adopted by an inter-
state commission. 
(5) The term "interstate commission" means a commission or 
other administrative body established by an interstate compact. 
(6) The term "interstate compact" means a compact that has 
been entered into by two or more States, established for the 
purposes of conserving and managing interjurisdictional fishery 
resources throughout their range, and consented to and ap-
proved by Congress. 
(7) The term "project" means a program for research in 
support of the management of an interjurisdictional fishery 
''''^'''•'''^Xi^i 
resource or an interstate cooperative fishery management 
agreement. 
(8) The term "Secretary" means the Secretary of Commerce. 
(9) The term "State" means any of the several States of the 
United States, the Commonwealth of Puerto Rico, American 
Samoa, the Virgin Islands, Guam, or the Northern Mariana 
Islands. 
(10) The term "State agency" means any department, agency, 
commission, or official of a State authorized under the laws of 
.; 
j
,
w
>
,
i 1 
the State to regulate commercial fisheries or enforce laws relat-
ing to commercial 
fisheries......... 
,, 
PUBLIC LAW 99-659—NOV. 14, 1986 
100 STAT. 3733 
SEC. 304. APPORTIONMENT. 
16 USC 4103. 
(a) TIME WHEN APPORTIONMENTS MADE.—Funds appropriated 
under section 308(a) shall be apportioned by the Secretary among 
the States on October 1 of each fiscal year, or as soon thereafter as 
'•'••^ -^ '^'^ 
practicable. 
(b) APPORTIONMENT FORMULA.—The amount of funds apportioned 
to each State shall be determined by the Secretary as the ratio 
which the equally weighted average of the volume and value of 
fishery resources harvested by domestic commercial fishermen and 
received within such State during the 3 most recent calendar years 
for which data satisfactory to the Secretary are available bears to 
the total equally weighted average of the volume and value of all 
fishery resources harvested by domestic commercial fishermen re-
ceived within all of the States during those calendar years. 
(c) LIMITATIONS.—(1) No State may receive an apportionment 
under subsection (b) for either fiscal year 1987 or fiscal year 1988 
which is less than one-half of one percent of the total amount of 
funds available for that fiscal year. 
(2) For any fiscal year after fiscal year 1988, no State that, under 
the apportionment formula in subsection (b), has a ratio of one-third 
of one percent or higher may receive an apportionment for any 
fiscal year which is less than one percent of the total amount of 
funds available for that fiscal year. 
(3) For any fiscal year after fiscal year 1988, no State may receive 
an apportionment under this section for any fiscal year if that 
State's ratio under the apportionment formula in subsection O
b
) is 
less than one-third of one percent, unless the State— 
(A) is signatory to an interstate fishery compact; 
(B) has entered into an agreement with the Secretary or the 
Secretary of the Interior under which the personnel, services, 
and equipment of the State and the Federal agency concerned 
will be made mutually available for the enforcement of Federal 
and State laws pertaining to the protection of fishery resources; 
(C) borders one or more of the Great Lakes; or 
j ris 
(D) has entered into an interstate cooperative fishery manage-
ment agreement and has in effect an interstate 
fisheries 
management or interstate fisheries research program. 
(4) No State that, under the apportionment formula in subsection 
(b), has a ratio of less than one-third of one percent and meets any of 
the requirements set forth in paragraph (1) (A), (B), (C), or (D) may 
receive an apportionment for any fiscal year which is less than one-
half of one percent of the total amount of funds available for 
apportionment for such fiscal year. 
(5) No State may receive an apportionment for any fiscal year 
under this section which is more than 6 percent of the total amount 
of funds available for apportionment for such fiscal year. 
(d) UNUSED APPORTIONMENTS.—Any part of an apportionment for 
any fiscal year to any State— 
(1) that is not obligated during that year; 
(2) with respect to which the State notifies the Secretary that 
it does not wish to receive that part; or 
(3) that is returned to the Secretary by the State, 
may not be considered to be apportioned to that State and shall be 
added to such funds as are appropriated pursuant to section 308(a) 
for the next fiscal year (and shall be treated as having been appro-
100 STAT. 3734 
PUBLIC LAW 99-659—NOV. 14, 1986 
J- 
priated for such next year) for apportionment under subsection (a). 
Any notification or return of funds referred to in paragraph (2) or (3) 
by a State is irrevocable. 
16 u s e 4104. 
SEC. 305. STATE PROJECTS. 
' 
^ 
. 
i-,f; 
si. 
c
^ 
(a) IN GENERAL.—(1) Any State may, through its State agency or 
an interstate commission, submit to the Secretary a proposal for a 
project which includes full plans, specifications, and cost estimates 
for such project. The total cost of all items included for engineering, 
planning, inspection, and unforeseen contingencies in connection 
with any works to be constructed as part of such a proposed project 
shall not exceed 10 percent of the total cost of such works, and shall 
be paid by the State as a part of its contribution to the total cost of 
the works. 
(2) No part of any funds appropriated under any authorization 
contained in section 308 may be obligated with respect to any project 
until the proposal for such project has been submitted under para-
graph (1) and approved by the Secretary. The Secretary, before 
approving any proposal for a project, must evaluate the proposal as 
to— 
(A) the soundness of design; 
(B) the possibilities of securing productive results; 
(C) the minimization of duplication with other research 
projects in support of the management of interjurisdictional 
fishery resources and carried out under this title or under any 
other law or regulation; 
fti 
(D) the organization and management of the project; 
(E) the methods proposed for monitoring and evaluating the 
success or failure of the project; 
(F) the consistency of the project with the purposes of this 
title specified in section 302; and 
(G) such other criteria as the Secretary may prescribe. 
(3) The Federal share of the cost of any project conducted under 
this title shall not exceed 75 percent of the total estimated cost of 
the project, unless— 
(A) the State has adopted an interstate fishery management 
plan for the resource to which the project applies; or 
(B) the State has adopted fishery regulations which the Sec-
retary has determined are consistent with any Federal fishery 
management plan for the species to which the project applies; 
in which case the Federal share shall not exceed 90 percent of the 
total estimated cost of the project. 
(4)(A) If the Secretary approves or disapproves a proposal for a 
project, the Secretary shall promptly give written notification, 
including, if disapproved, a detailed explanation of the reasons for 
the disapproval, to the State agency submitting the proposal or, if 
the proposal is submitted through an interstate commission, such 
commission and the State. 
(B) For the purposes of this title, funds apportioned under this 
section to any State shall be treated as having been obligated with 
respect to a project during the fiscal year in which the written 
notification of approval required under subparagraph (A) for the 
project proposal is made. 
(b) RESTRICTION.—The expenditure of funds under this title shall 
be applied only to projects for which a proposal has been approved 
under subsection (a), except that up to $25,000 each fiscal year may 
be obligated for a State to carry out an agreement with the Sec-
PUBLIC LAW 99-659—NOV. 14, 1986 
100 STAT. 3735 
retary or the Secretary of the Interior under which the personnel, 
services and equipment of the State and the Federal agency con-
cerned will be made mutually available for the enforcement of 
Federal and State laws pertaining to the protection of fishery 
resources. If otherwise applied, such funds shall be replaced by the 
State before the State may receive any additional funds under this 
title. 
(c) PAYMENT.—When the Secretary determines that a project 
carried out under a proposal approved by the Secretary has been 
completed, or where the Secretary otherwise deems it appropriate, 
the Secretary shall cause to be paid to the proper authority of the 
State, or to the official or depository designated by the interstate 
commission if the State agency specifies that payment is to be made 
to the interstate commission, the Federal share of the project. Any 
payment made to an interstate commission shall be charged against 
the apportionment of the State concerned. 
SEC. 306. PROPERTY. 
State and local 
fiTOVGrillTlGIlts 
(a) APPLICATION OF FEDERAL AND STATE LAWS.—All work, includ- i6 use 4105. 
ing the furnishing of labor and materials, needed to complete any 
project approved by the Secretary shall be performed in accordance 
with applicable Federal and State laws under the direct supervision 
of the State agency, and in accordance with regulations as the 
Secretary may prescribe. 
(b) TITLE.—Title to all property, real and personal, acquired for 
the purposes of completing any project approved by the Secretary 
vests in the State. 
(c) DISPOSAL.—If a State disposes of any real or personal property 
acquired under this title, the State shall pay into the Treasury of 
the United States the amount of any proceeds resulting from the 
property disposed to the extent of and in the same ratio that funds 
provided under this title were used in the acquisition of the prop-
erty. In no case shall the amount paid into the Treasury of the 
United States under this section exceed the amount of funds pro-
vided by this chapter for the acquisition of the property involved. 
SEC. 307. REPORTS. 
16 USC 4106. 
After consultation with the States receiving funds under this title 
and with any interstate commission involved in carrying out a 
project under this title, the Secretary shall submit to the Committee 
on Merchant Marine and Fisheries of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of 
the Senate not later than 90 days after the end of the fiscal year 
1988, and each second fiscal year occurring after that fiscal year, a 
report which contains— 
(1) a description of each project and law enforcement effort 
receiving funds under this title during the last 2 fiscal years 
ending before such report is submitted; 
(2) a specification of the total amount of funds from the 
Federal Government and the total amount of funds from each 
State spent on each project and a law enforcement effort receiv-
ing funds under this title during the last 2 fiscal years ending 
before such report is submitted; 
,r.. . ... 
(3) an assessment of each project and law enforcement effort 
receiving funds under this title during the last 2 fiscal years 
ending before such report is submitted to determine whether 
such project is furthering the purposes of this title; and 
100 STAT. 3736 
PUBLIC LAW 99-659—NOV. 14, 1986 
(4) a statement specifying all funds which have been appor-
tioned pursuant to section 305(a) and are available for obliga-
tion by a State or the Secretary but which have not been 
obligated. 
16 use 4107. 
SEC. 308. AUTHORIZATION OF APPROPRIATIONS. 
» 
* 
(a) GENERAL APPROPRIATIONS.—There are authorized to be appro-
priated to the Department of Commerce for apportionment to carry 
out the purposes of this title $5,000,000 for each of Hscal years 1987, 
1988, and 1989. 
(b) ADDITIONAL APPROPRIATIONS.—In addition to the amounts au-
thorized in subsection (a), there are authorized to be appropriated to 
the Department of Commerce $2,500,000 for each of fiscal years 1988 
and 1989, which shall be available in such amounts as the Secretary 
may determine appropriate for the purposes of this title; except 
that— 
(1) in providing funds to States under this subsection, the 
Secretary shall give a preference to those States regarding 
which the Secretary determines there is a commercial fishery 
failure or serious disruption affecting future production due to a 
fishery resource disaster arising from natural or undetermined 
; 
causes, and any sums made available under this subsection may 
be used either by the States or directly by the Secretary in 
cooperation with the States for any purpose that the Secretary 
determines is appropriate to restore the fishery affected by such 
a failure or to prevent a similar failure in the future; and 
(2) the funds authorized to be appropriated under this subsec-
tion shall not be available to the Secretary for use as grants for 
chartering fishing vessels. 
Amounts appropriated under this subsection shall remain available 
until expended. 
(c) DEVELOPMENT OF MANAGEMENT PLANS.—In addition to the 
amounts authorized under subsections (a) and (b), there are au-
thorized to be appropriated to the Department of Commerce 
. - ^. 
$350,000 for each of fiscal years 1988 and 1989 to support the efforts 
of the following interstate commissions to develop interstate fishery 
management plans for interjurisdictional fishery resources: 
(1) The commission established by the Atlantic States Marine 
Fisheries Compact, as consented to and approved by Public Law 
77-539 (56 Stat. 267), approved May 4,1942. 
(2) The commission established by the Pacific Marine Fish-
eries Compact, as consented to and approved by Public Law 
^ 80-232 (61 Stat. 419), approved July 24,1947. 
^.j, »! 
(3) The commission established by the Gulf States Marine 
. Fisheries Compact, as consented to and approved by Public Law 
r.iut. gjgg ^gg g^^^ rjQ^^ approved May 19,1949. 
SEC. 309. REPEAL. 
The Commercial Fisheries Research and Development Act of 1964 
(16 U.S.C. 779 et seq.) is repealed. 
16 use 4101 
SEC. 310. EFFECTIVE DATE. 
''°^" 
This title takes effect October 1,1987. 
PUBLIC LAW 99-659—NOV. 14, 1986 
100 STAT. 3737 
TITLE IV—MISCELLANEOUS PROVISIONS 
SEC. 401. NOAA MARINE FISHERIES PROGRAM AUTHORIZATIONS. 
The National Oceanic and Atmospheric Administration Marine 
Fisheries Program Authorization Act (Public Law 98-210; 97 Stat. 
1409) is amended— 
(1) in section 2(a), by striking out "and" after "1984,", and by 
inserting ", $27,882,000 for fiscal year 1986, $28,121,314 for fiscal 
year 1987, $28,915,392 for fiscal year 1988, and $29,764,234 for 
fiscal year 1989" immediately after "1985"; 
(2) in section 3(a), by striking out "and" after "1984,", and by 
inserting ", $25,933,000 for fiscal year 1986, $26,633,191 for fiscal 
year 1987, $27,385,248 for fiscal year 1988, and $28,189,171 for 
fiscal year 1989" immediately after "1985"; and 
(3) in section 4(a), by striking out "and" after "1984,", and by 
inserting ", $11,395,000 for fiscal year 1986, $11,702,665 for fiscal 
year 1987, $12,033,120 for fiscal year 1988, and $12,386,365 for 
-> r si 
fiscal year 1989" immediately after "1985". 
SEC. 402. ANADROMOUS FISH CONSERVATION ACT AUTHORIZATIONS. 
Section 4(a) of the Anadromous Fish Conservation Act (16 U.S.C. 
757d(a)) is amended— 
(1) by striking out "and 1985." in paragraph (4) and inserting 
"1985, and 1986."; and 
(2) by adding after paragraph (4) the following: 
"(5) $7,702,500 for fiscal year 1987. 
"(6) $7,920,000 for fiscal year 1988. 
"(7) $8,152,500 for fiscal year 1989.". 
SEC. 403. CENTRAL. WESTERN, AND SOUTH PACIFIC FISHERIES DEVELOP-
MENT ACT AUTHORIZATIONS. 
Section 8 of the Central, Western, and South Pacific Fisheries 
i 
L . 
Development Act (16 U.S.C. 758e-5) is amended— 
(1) by striking "and" after "1984,"; and 
(2) by inserting immediately after "1985" the following: ", 
^- 
1986,1987, and 1988". 
SEC. 404. ATLANTIC TUNAS CONVENTION ACT OF 1975 AUTHORIZATIONS. 
Section 10 of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 
971h) is amended by striking out "year 1976, the period beginning 
July 1, 1976, and ending September 30, 1976, and fiscal years 1977, 
1978, 1979, 1980, 1981, 1982, 1983, 1984, 1985, and 1986" and insert-
ing "years 1986,1987,1988, and 1989". 
SEC. 405. GREAT LAKES FISHERY COMMISSION. 
(a) INCREASE IN NUMBER OF COMMISSIONERS.—Section 3 of 
the 
Great Lakes Fishery Act of 1956 (16 U.S.C. 932) is amended to read 
as follows: 
"SEC. 3. (aXD The United States shall be represented on the 
Commission by 4 Commissioners who shall be appointed by the 
President and who may not receive compensation for service as 
Commissioners. Of the Commissioners— 
"(A) 1 shall be an official of the United States Government; 
and 
i 
"(B) 3 shall be individuals who reside in different Great Lakes 
States and who are knowledgeable regarding the fisheries of the 
100 STAT. 3738 
PUBLIC LAW 99-659—NOV. 14, 1986 
Great Lakes, except that 1 of them must also be an official of 
Great Lakes State. 
"(2) The President shall appoint an alternate Commissioner who 
shall perform the duties of a Commissioner— 
"(A) until a vacancy referred to in subsection (b)(3) is filled; 
and 
"(B) in the event of the absence of a Commissioner from any 
meeting of the United States Section or the Commission. 
"(b)(1) Except as provided in paragraph (2), the term of office of 
Commissioners appointed under subsection (a)(1)(B) is 6 years. 
"(2) Of the Commissioners first appointed under subsection 
(a)(1)(B) after the date of the enactment of this subsection, 1 shall be 
appointed for a term of 2 years, 1 shall be appointed for a term of 4 
years, and 1 shall be appointed for a term of 6 years. 
"(3) Whenever a vacancy occurs among Commissioners appointed 
under subsection (a)(1)(B), the President shall appoint an individual 
to fill that vacancy for the remainder of the applicable term.". 
16 use 932 note. 
(b) TRANSITION.—The term of office of each United States Commis-
sioner on the Great Lakes Fishery Commission who is serving on the 
date of enactment of this Act is terminated (except the United 
States Government official appointed under section 3(a) of the Great 
Lakes Fishery Act of 1956 (16 U.S.C. 932(a), as in effect before the 
date of enactment). However, the individuals appointed to those 
terms shall continue to serve as Commissioners until the President 
makes appointments under section 3(b)(2) of the Act of 1956 (as 
added by subsection (a)), which appointments shall be made within 
60 days after the date of enactment. 
(c) CONFORMING AMENDMENT.—Section 201 of the Act entitled 
"An Act to amend the North Pacific Fisheries Act of 1954, and for 
other purposes", approved October 9, 1972 (22 U.S.C. 2672a) is 
amended by striking out "the Great Lakes Fishery Commission,". 
15 use 1511c. 
SEC. 406. NOAA ESTUARINE PROGRAMS OFFICE. 
(a) ESTABLISHMENT.—The Administrator of the National Oceanic 
and Atmospheric Administration (hereinafter in this section re-
ferred to as the "Administrator") shall establish within the 
Administration an Estuarine Programs Office. 
Ob) FUNCTIONS.—The Estuarine Programs Office shall— 
(1) develop and implement a national estuarine strategy for 
r 
the Administration that integrates the research, regulatory, 
and trusteeship responsibilities of the Administration; 
(2) coordinate the estuarine activities of the various organiza-
tions within the Administration, including activities in estua-
rine research and assessment, fisheries research, coastal 
management, and habitat conservation; 
(3) coordinate the estuarine activities of the Administration 
with the activities of other Federal and State agencies; and 
(4) provide technical assistance to the Administrator, to other 
Federal agencies, and to State and local government agencies 
i n — 
. 
V 
(A) assessing the condition of estuaries; 
(B) identifying estuaries of critical national or regional 
importance; 
(C) identifying technical and management alternatives 
for the restoration and protection of estuarine resources; 
a
n
d 
. 
•» 
, • 
•< 
. 
' 
••.. 
- • •• 
. f " - 
; . . > - - ^ 
PUBLIC LAW 99-659—NOV. 14, 1986 
100 STAT. 3739 
(D) monitoring the implementation and effectiveness of 
estuarine management plans, 
(c) AUTHORIZATION.—There are authorized to be appropriated to 
the Administration not to exceed $500,000 for fiscal year 1987, 
$530,000 for fiscal year 1988, $560,000 for fiscal year 1989, and 
$600,000 for fiscal year 1990 to carry out the provisions of this 
section. 
SEC. 407. NOAA OFFICERS. 
(a) UNDER SECRETARY.—There shall be in the Department of 
Commerce an Under Secretary of Commerce for Oceans and At-
mosphere who shall serve as the Administrator of the National 
Oceanic and Atmospheric Administration established by Reorga-
nization Plan No. 4 of 1970 (5 U.S.C. App. 1) and perform such duties 
as the Secretary of Commerce shall prescribe. The Under Secretary 
shall be appointed by the President by and with the advice and 
consent of the Senate and shall be compensated at the rate now or 
hereafter provided for Level III of the Executive Schedule Pay Rates 
(5 U.S.C. 5314). 
(b) ASSISTANT SECRETARY.—There shall be in the Department of 
Commerce, in addition to the Assistant Secretaries of Commerce 
provided by law before the date of enactment of this Act, one 
additional Assistant Secretary of Commerce who shall have the title 
Assistant Secretary of Commerce for Oceans and Atmosphere and 
shall serve as the Deputy Administrator of the National Oceanic 
and Atmospheric Administration established by Reorganization 
Plan No. 4 of 1970 (5 U.S.C. App. 1) and perform such duties and 
functions as the Under Secretary of Commerce for Oceans and 
Atmosphere shall prescribe. The Assistant Secretary for Oceans and 
Atmosphere shall be appointed by the President by and with the 
advice and consent of the Senate and shall be compensated at the 
rate now or hereafter provided for Level IV of the Executive Sched-
ule Pay Rates (5 U.S.C. 5315). 
(c) APPLICABILITY.—The individual serving on the date of enact-
ment of this Act— 
(A) as the Administrator of the National Oceanic and At-
mospheric Administration shall also serve as the Under Sec-
retary of Commerce for Oceans and Atmosphere until such time 
as a successor is appointed under subsection (a) of this section; 
and 
(B) as the Deputy Administrator of the National Oceanic and 
Atmospheric Administration shall also serve as the Assistant 
Secretary of Commerce for Oceans and Atmosphere until such 
time as a successor is appointed under subsection (h) of this 
section. 
(d) CHIEF SCIENTIST OF NOAA.—Section 2(d) of Reorganization 
Plan No. 4 of 1970 (5 U.S.C. App. 1) is amended to read as follows: 
"(d) There shall be in the Administration a Chief Scientist of the 
National Oceanic and Atmospheric Administration who shall be 
appointed by the President, by and with the advice and consent of 
the Senate, and shall be compensated at the rate now or hereafter 
provided for Level V of the Executive Schedule Pay Rates (5 U.S.C. 
5316). The Chief Scientist shall be the principal scientific adviser to 
the Administrator, and shall perform such other duties as the 
Administrator may direct. The Chief Scientist shall be an individual 
who is, by reason of scientific education and experience, knowledge-
15 u s e 1503b. 
Post, p. 3740. 
15 u s e 1507c. 
Post, p. 3740. 
15 u s e 1503b 
note. 
15 u s e 1511 
note. 
President of U.S. 
Post, p. 3740. 
100 STAT. 3740 
PUBLIC LAW 99-659—NOV. 14, 1986 
Ante, pp. 591, 
708. 
Ante, pp. 856, 
867, 868. 
Ante, p. 814. 
16 u s e 742c. 
Uniformed 
services. 
Corporations. 
Alaska. 
43 u s e 1601 
note. 
eommunications 
and tele-
communications. 
Highways. 
Bridges. 
able in the principles of oceanic, atmospheric, or other scientific 
disciplines important to the work of the Administration.". 
(e) CONFORMING AMENDMENTS.—(1) Section 5314 of title 5, United 
States Code, is amended by striking "Administrator, National Oce-
anic and Atmospheric Administration." and inserting in lieu thereof 
"Under Secretary of Commerce for Oceans and Atmosphere, the 
incumbent of which also serves as Administrator of the National 
Oceanic and Atmospheric Administration.". 
(2) Section 5315 of title 5, United States Code, is amended— 
(A) by striking "Deputy Administrator, National Oceanic and 
Atmospheric Administration." and inserting in lieu thereof 
"Assistant Secretary of Commerce for Oceans and Atmosphere, 
the incumbent of which also serves as Deputy Administrator of 
the National Oceanic and Atmospheric Administration."; and 
(B) by striking "Associate Administrator, National Oceanic 
and Atmospheric Administration.". 
(3) Section 5316 of title 5, United States Code, is amended by 
adding at the end thereof the following: "Chief Scientist, National 
Oceanic and Atmospheric Administration.". 
SEC. 408. TRANSFER OF AUTHORITY FOR REIMBURSEMENT UNDER THE 
FISHERMEN'S PROTECTIVE ACT OF 1967. 
Effective October 1, 1986, paragraph (1) of section 7(f) of the 
Fishermen's Protective Act of 1967 (22 U.S.C. 1977(0(1)) is amended 
to read as follows: 
"(1) the term 'Secretary' means the Secretary of State.". 
SEC. 409. FISHERIES LOAN FUND. 
The third sentence of section 4(c) of the Fish and Wildlife Act of 
1956 (16 U.S.C. 742(c)) is amended to read as follows: "Any funds 
received in the fisheries loan fund after September 30, 1986, shall be 
covered into the Treasury as miscellaneous receipts.". 
SEC. 410. CONVEYANCE AGREEMENT PROVISIONS. 
(a) IN GENERAL.—Under the Agreement dated December 9, 1977, 
between the Commandant of the Coast Guard and Koniag, Incor-
porated, a regional native corporation, pursuant to Public Law 92-
203 (a copy of which is recorded beginning at Book 44, Page 179 of 
the Kodiak Recording District, Kodiak, Alaska) and any conveyance 
made under that Agreement, the rights or title conveyed to Koniag, 
Incorporated, shall be construed to include the following: 
(1) Under the Agreement, welding or other equipment or 
machinery may be operated or maintained on lands conveyed to 
Koniag, Incorporated, if the equipment or machinery does not 
cause harmful electromagnetic interference with the Coast 
Guard Holiday Beach receiver site or is operated or maintained 
under terms and conditions mutually agreeable to the Coast 
Guard and Koniag, Incorporated. Harmful electromagnetic 
interference is defined as radio frequency signals which disrupt 
or degrade communications reception performance. 
(2) The conveyance of the "old shipyard" includes the wharf 
and all lands of any nature beneath the wharf. 
(3) An access and utility easement is intended as part of the 
conveyance for Parcel 2, known as Cliff Point, which consists 
of— 
(A) a 100-foot wide access easement along the existing 
access road or a location that is mutually agreeable to the 
PUBLIC LAW 99-659—NOV. 14, 1986 
100 STAT. 3741 
Coast Guard and Koniag, Incorporated, and includes the 
right to construct and operate an access road, bridges, 
guard rails, and other associated improvements; and 
ij; 
(B) a 40-foot wide utility easement adjacent to the access 
easement in paragraph (3)( 
A) of this subsection or a location 
that is mutually agreeable to the Coast Guard and Koniag, 
Incorporated. 
(4) The construction, maintenance, and operation of a dock 
facility or location of any structure or thing on the premises 
, 
^
^
^ 
described in section (c) of Schedule 4 of the Agreement is not 
inconsistent with the easement for the barge landing easement 
and access to and from the barge landing area reserved by the 
United States Government (hereinafter referred to in this para-
graph as the "Government"), if the dock facility is constructed 
' 
or the structure or thing is located as approved by the Govern-
ment. Approval by the Government is deemed to be granted if a 
proposal for the construction and location of the dock facility, 
'"' structure, or thing is submitted to the Government and— 
(A) the Government does not respond within 60 days of 
receipt of the proposal; or 
(B) if a response with recommendations for modification 
is submitted by the Government within 60 days of receipt of 
the proposal, the proposal is modified in a manner nec-
essary to reasonably satisfy the requirements of the 
>
: 
Government— 
* 
(i) to use the dock facility for a barge landing area as 
contemplated by the easement; and 
(ii) to permit access to and from the barge loading 
area to public highways for the transportation of mate-
rials as specified in Agreement. 
(h) APPLICATION.—All rights or conveyances confirmed by this 
section are subject to the sanctions in the Agreement referred to in 
subsection (a). 
(c) IMPLEMENTATION.—The Commandant of the Coast Guard or Uniformed 
other appropriate Federal officer shall issue the appropriate correc- services, 
tive conveyance and perform any other appropriate ministerial or 
official act necessary to carry out the purposes of this section within 
60 days after the date of the enactment of this title. 
SEC. 411. INCIDENTAL TAKING OF DEPLETED MARINE MAMMALS. 
(a) AMENDMENT OF THE MARINE MAMMAL PROTECTION ACT.— 
Paragraph (5)(A) of section 101(a) of the Marine Mammal Protection 
Act of 1972 (16 U.S.C. 1371(a)(5)(A)) is amended— 
(1) by striking "that is not depleted"; 
(2) in clause (i)— 
(A) by striking "its habitat, and" and inserting in lieu 
thereof "will not have an unmitigable adverse impact"; and 
(B) by inserting "or, in the case of a cooperative agree-
ment under both this Act and the Whaling Convention Act 
of 1949 (16 U.S.C. 916 et seq.), pursuant to section 112(c)" 
immediately after "or section 109(f)"; and 
(3) in clause (ii)(I), by inserting ", and on the availability of 
such species or stock for subsistence uses" immediately after 
"significance". 
O
b
) STATEMENT BY THE SECRETARY.—Paragraph 4 of section 7(b) of 
the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(4)) is 
amended— 
100 STAT. 3742 
PUBLIC LAW 99-659—NOV. 14, 1986 
(1) by striking "and" at the end of subparagraph (A); 
(2) by inserting "and" after the semicolon at the end of 
subparagraph (B); and 
(3) by inserting after 
subparagraph (B) the 
following 
subparagraph: 
"(C) if an endangered species or threatened species of a 
marine mammal is involved, the taking is authorized pursu-
ant to section 101(a)(5) of the Marine Mammal Protection 
Ante, p. 3741. 
Act of 1972;"; 
(4) by striking "and" at the end of clause (ii); 
(5) by redesignating clause (iii) as clause (iv) and by striking 
"clause (ii)" in that clause and inserting in lieu thereof "clauses 
(ii) and (iii)"; and 
(6) by inserting after clause (ii) the following new clause: 
; 
"(iii) in the case of marine mammals, specifies those 
measures that are necessary to comply with section 
101(a)(5) of the Marine Mammal Protection Act of 1972 with 
regard to such taking, and". 
(c) EXEMPTIONS.—Subsection (o) of section 7 of the Endangered 
Species Act of 1973 (16 U.S.C. 1536(o)) is amended— 
(1) in the matter preceding paragraph (1)— 
(A) by inserting ", sections 101 and 102 of the Marine 
16 use 1371, 
Mammal Protection Act of 1972," immediately before "or 
1372. 
any regulation"; and 
(B) by striking "either" and inserting in lieu thereof 
"any"; and 
(2) in paragraph (2)— 
(A) by striking "(b)(4)(iii)" and inserting in lieu thereof 
"a))(4)(iv)"; and 
' 
(B) by inserting "prohibited" immediately before "taking 
of the species". 
Approved November 14, 1986. 
LEGISLATIVE HISTORY—S. 991: 
SENATE REPORTS: No. 99-67 (Comm. on Commerce, Science, and Transportation). 
CONGRESSIONAL RECORD: 
Vol. 131 (1985): Oct. 2, considered and passed Senate. 
Vol. 132 (1986): Aug. 12, considered and passed House, amended. 
Oct. 15, Senate concurred in House amendments with amend-
' 
, 
ments. 
Oct. 16, House concurred in Senate amendments with amend-
ments. 
Oct. 18, Senate concurred in House amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): 
Nov. 14, Presidential statement.