An act to authorize appropriations for fiscal years 1981, 1982, and 1983 for the Atlantic Tunas Convention Act of 1975, and for other purposes.
PL 96-339 (S.2549), enacted 09/04/1980

PUBLIC LAW 96-339—SEPT. 4, 1980 
94 STAT. 1069 
Public Law 96-339 
96th Congress 
An Act 
Sept. 4, 1980 
[S. 2549] 
Atlantic Tunas 
Convention Act 
of 1975, 
appropriation 
authorization. 
Advisory 
committee. 
16 use 971b. 
To authorize appropriations for fiscal years 1981, 1982, and 1983 for the Atlantic 
Tunas Convention Act of 1975, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. AMENDMENTS TO ATLANTIC TUNAS CONVENTION ACT OF 
1975. 
The Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971 et seq.) is 
amended as follows: 
(1) Section 4 is amended— 
(A) by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B), respectively; 
(B) by striking out "paragraph (1)" in subparagraph (B) (as 
so redesignated) and inserting in lieu thereof "subparagraph 
(A)"; and 
(C) by amending the first and second sentences to read as 
follows: 
"There is established an advisory committee which shall be com- Membership. 
posed of— 
"(1) not less than five nor more than twenty individuals 
appointed by the United States Commissioners who shall select 
such individuals from the various groups concerned with the 
fisheries covered by the Convention; and 
"(2) the chairmen (or their designees) of the New England, Mid-
Atlantic, South Atlantic, Caribbean, and Gulf Fishery Manage-
ment Councils established under section 302(a) of the Fishery 
Conservation and Management Act of 1976 (16 U.S.C. 1852(a)). 
Each member of the advisory committee appointed under paragraph 
(1) shall serve for a term of two years and shall be eligible for 
reappointment.". 
(2) Section 10 is amended by striking out "and 1980" and 
inserting in lieu thereof "1980,1981,1982, and 1983". 
SEC. 2. OBSERVER PROGRAM REGARDING CERTAIN FOREIGN FISHING. 
(a) DEFINITIONS.—As used in this section— 
(1) The term "Act of 1976" means the Fishery Conservation 
and Management Act of 1976 (16 U.S.C. 1801 et seq.). 
(2) The term "billfish" means any species of marlin, spearfish, 
sailfish or swordfish. 
(3) The term "Secretary" means the Secretary of Commerce. 
(b) OBSERVER PROGRAM.—The Secretary shall establish a program 
under which a United States observer will be stationed aboard each 
foreign fishing vessel while that vessel— 
(1) is in waters that are within— 
(A) the tlshery conservation zone established under section 
101 of the Act of 1976, and 
Term of office. 
16 use 971h. 
16 use 1827. 
16 use 1811. 
94 STAT. 1070 
PUBLIC LAW 96-339—SEPT. 4, 1980 
Foreign Fishing 
Observer Fund, 
establishment. 
(B) the Convention area as defined in Article I of the 
International Convention for the Conservation of Atlantic 
20 UST 2887. 
Tunas; and 
(2) is taking or attempting to take any species of fish if such 
taking or attempting to take may result in the incidental taking 
ofbillfish. 
The Secretary may acquire observers for such program through 
contract with qualified private persons. 
(c) FUNCTIONS OF OBSERVERS.—United States observers, while 
aboard foreign fishing vessels as required under subsection (b), shall 
carry out such scientific and other functions as the Secretary deems 
necessary or appropriate to carry out this section. 
(d) FEES.—There is imposed for each year after 1980 on the owner or 
operator of each foreign fishing vessel that, in the judgment of the 
Secretary, will engage in fishing in waters described in subsection 
(b)(1) during that year which may result in the incidental taking of 
billflsh a fee in an amount sufficient to cover all of the costs of 
providing an observer aboard that vessel under the program estab-
lished under subsection (a). The fees imposed under this subsection 
for any year shall be paid to the Secretary before that year begins. All 
fees collected by the Secretary under this subsection shall be depos-
ited in the Fund established by subsection (e). 
(e) FUND.—There is established in the Treasury of the United 
States the Foreign Fishing Observer Fund. The Fund shall be 
available to the Secretary as a revolving fund for the purpose of 
carrying out this section. The Fund shall consist of the fees deposited 
into it as required under subsection (d). All payments made by the 
Secretary to carry out this section shall be paid from the Fund, only 
to the extent and in the amounts provided for in advance in 
appropriation Acts. Sums in the Fund which are not currently needed 
for the purposes of this section shall be kept on deposit or invested in 
obligations of, or guaranteed by, the United States. 
(f) PROHIBITED ACTS.—(1) It is unlawful for any person who is the 
owner or operator of a foreign fishing vessel to which this section 
applies— 
(A) to violate any regulation issued under subsection (g); 
(B) to refuse to pay the fee imposed under subsection (d) after 
being requested to do so by the Secretary; or 
(C) to refuse to permit an individual who is authorized to act as 
an observer under this section with respect to that vessel to board 
the vessel for purposes of carrying out observer functions. 
16 use 1858. 
(2) Section 308 of the Act of 1976 (relating to civil penalties) applies 
to any act that is unlawful under paragraph (1), and for purposes of 
such application the commission of any such act shall be treated as an 
act the commission of which is unlawful under section 307 of the Act 
16 use 1857. 
of 1976. 
(g) REGULATIONS.—The Secretary shall issue such regulations as 
are necessary or appropriate to carry out this section. 
16 use 971i. 
SEC. 3. REPORTS REGARDING BLUEFIN TUNA. 
Submittal to 
The Secretary of Commerce shall prepare, for each biennial period 
Congress. 
commencing with the period covering calendar years 1981 and 1982, 
and submit to the Congress a report setting forth, with respect to such 
biennial period— 
(1) the level of taking of bluefin tuna by United States fisher-
men in the Convention area as defined in Article I of the 
International Convention for the Conservation of Atlantic 
20 UST 2887. 
Tunas; 
PUBLIC LAW 96-339—SEPT. 4, 1980 
94 STAT. 1071 
(2) the status of bluefin tuna stocks within such Convention 
area and the trends in their population level; and 
(3) related information resulting from the implementation of 
the observer program under section 2 of this Act. 
The report required under this section shall be submitted to the 
Congress within sixty days after the close of the biennial period 
covered by the report. There are authorized to be appropriated such Appropriation 
sums as may be necessary to carry out this section. 
authorization. 
Approved September 4, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 96-1017 accompanying H.R. 6310 (Comm. on Merchant Marine 
and Fisheries). 
SENATE REPORT No. 96-708 (Comm. on Commerce, Science, and Transportation). 
CONGRESSIONAL RECORD, Vol. 126 (1980): 
May 20, considered and passed Senate. 
June 3, H.R. 6310 considered and passed House; passage vacated and S. 2549, 
amended, passed in lieu. 
July 28, Senate concurred in House amendments with amendments. 
Aug. 22, House concurred in Senate amendments. 
79-194 
O—81—pt. 1 
71 : QL3