A bill to authorize appropriations to carry out the Fishery Conservation and Management Act of 1976 during fiscal years 1980, 1981, and 1982, and for other purposes.
PL 96-61 (S.917), enacted 08/15/1979

PUBLIC LAW 96-61—AUG. 15, 1979 
93 STAT. 407 
Public Law 96-61 
96th Congress 
An Act 
To authorize appropriations to carry out the Fishery Conservation and Management 
Act of 1976 during fiscal years 1980, 1981, and 1982, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That section 406 of 
the Fishery Conservation and Management Act of 1976 (16 U.S.C. 
1882) is amended by inserting at the end thereof the following: 
"(6) $33,000,000 for the fiscal year ending September 30, 1980. 
"(7) $40,000,000 for the fiscal year ending September 30, 1981. 
"(8) $47,000,000 for the fiscal year ending September 30,1982.". 
SEC. 2. Section 4311(a) of the Revised Statutes of the United States 
(46 U.S.C. 251(a)) is amended by adding at the end thereof the 
following new sentence: "For the purposes of this subsection, the 
term 'fisheries' shall include the planting, cultivation, catching, 
taking, or harvesting of fish, shellfish, marine animals, pearls, shells, 
or marine vegetation at any place within the fishery conservation 
zone established by section 101 of the Fishery Conservation and 
Management Act of 1976 (16 U.S.C. 1811).". 
SEC. 3. (a) Section 201(e) of the Fishery Conservation and Manage-
ment Act of 1976 (16 U.S.C. 1821(e)) is amended— 
(1) by redesignating paragraphs (1) through (4) as subpara-
graphs (A) and (D), respectively; 
(2) by inserting "(D" immediately after "ALLOCATION OF AL-
LOWABLE LEVEL.—"; and 
(3) by adding at the end thereof the following new paragraph: 
"(2)(A) For the purposes of this paragraph— 
"(i) The term 'certification' means a certification made by 
the Secretary that nationals of a foreign country, directly or 
indirectly, are conducting fishing operations or engaging in 
trade or taking which diminishes the effectiveness of the 
International Convention for the Regulation of Whaling. A 
certification under this section shall also be deemed a 
certification for the purposes of section 8(a) of the Fisher-
men's Protective Act of 1967 (22 U.S.C. 1978(a)). 
"(ii) The term 'remedial period' means the 365-day period 
beginning on the date on which a certification is issued with 
respect to a foreign country. 
"(B) If the Secretary issues a certification with respect to any 
foreign country, then each allocation under paragraph (1) that— 
"(i) is in effect for that foreign country on the date of 
issuance; or 
"(ii) is not in effect on such date but would, without regard 
to this paragraph, be made to the foreign country within the 
remedial period; 
shall be reduced by the Secretary of State, in consultation with 
the Secretary, by not less than 50 percent. 
"(C) The following apply for purposes of administering subpar-
agraph (B) with respect to any foreign country: 
Aug. 15, 1979 
[S. 917] 
Fishery 
Conservation 
and 
Management 
Act of 1976, 
amendment. 
Appropriation 
authorization. 
"Fisheries." 
"Certification.' 
"Remedial 
period." 
Allocation, 
reduction. 
93 STAT. 408 
PUBLIC LAW 96-61—AUG. 15, 1979 
"(i) If on the date of certification, the foreign country has 
harvested a portion, but not all, of the quantity of fish 
specified under any allocation, the reduction under subpara-
graph (B) for that allocation shall be applied with respect to 
the quantity not harvested as of such date. 
Reallocation. 
"(ii) If the Secretary notified the Secretary of State that it 
is not likely that the certification of the foreign country will 
be terminated under section 8(d) of the Fishermen's Protec-
^"/^a- 
tive Act of 1967 before the close of the period for which an 
allocation is applicable or before the close of the remedial 
period (whichever close first occurs) the Secretary of State, 
in consultation with the Secretary, shall reallocate any 
portion of any reduction made under subparagraph (B) 
among one or more foreign countries for which no certifica-
tion is in effect. 
"(iii) If the certification is terminated under such section 
8(d) during the remedial period, the Secretary of State shall 
return to the foreign country that portion of any allocation 
reduced under subparagraph (B) that was not reallocated 
under clause (ii); unless the harvesting of the fish covered by 
the allocation is otherwise prohibited under this Act. 
"(iv) The Secretary may refund or credit, by reason of 
reduction of any allocation under this paragraph, any fee 
1
6 use 1824. 
paid under section 204. 
"(D) If the certification of a foreign country is not terminated 
under section 8(d) of the Fishermen's Protective Act of 1967 
before the close of the last day of the remedial period, the 
Secretary of State— 
"(i) with respect to any allocation made to that country 
and in effect (as reduced under subparagraph (B)) on such last 
day, shall rescind, effective on and after the day after such 
last day, any harvested portion of such allocation; and 
"(ii) may not thereafter make any allocation to that 
country under paragraph (1) until the certification is 
terminated.". 
(b) Section 8 of the Fishermen's Protective Act of 1967 (22 U.S.C. 
1978) is amended— 
(1) by amending subsection (a) by redesignating paragraph (3) 
as paragraph (4), and by inserting immediately after paragraph 
(2) the following new paragraph: 
"(3) In administering this subsection, the Secretary of Com-
merce or the Secretary of the Interior, as appropriate, shall— 
"(A) periodically monitor the activities of foreign nation-
als that may affect the international programs referred to in 
paragraphs (1) and (2); 
"(B) promptly investigate any activity by foreign nationals 
that, in the opinion of the Secretary, may be cause for 
certification under paragraph (1) or (2); and 
"(C) promptly conclude; and reach a decision with respect 
to; any investigation commenced under subparagraph (B).". 
(2) by redesignating subsections (d) through (g) as subsections 
(e) through (h), respectively; and 
(3) by adding immediately after subsection (c) the following 
new subsection: 
"(d) After making a certification to the President under subsection 
(a), the Secretary of Commerce or the Secretary of the Interior, as the 
case may be, shall periodically review the activities of the nationals of 
the offending country to determine if the reasons for which the 
PUBLIC LAW 96-61—AUG. 15, 1979 
93 STAT. 409 
certification was made no longer prevail. Upon determining that Publication in 
such reasons no longer prevail, the Secretary concerned shall termi- ^^^^^^ 
nate the certification and publish notice thereof, together with a 
^^^ ^^' 
statement of the facts on which such determination is based, in the 
Federal Register.". 
SEC. 4. Notwithstanding the provisions of section 4132 of the Widow Maker, 
Revised Statutes of the United States (46 U.S.C. 11), or any other documentation, 
provision of law, the Secretary of the department in which the United 
States Coast Guard is operating shall cause the vessel Widow Maker, 
owned by Strohe Brothers of Lake Charles, Louisiana, to be docu-
mented as a vessel of the United States, upon compliance with the 
usual requirements, with the privilege of engaging in the coastwide 
trade and the fisheries so long as such vessel is owned by a citizen of 
the United States. 
Approved August 15, 1979. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 96-170 accompanying H.R. 1798 (Comm. on Merchant Marine 
and Fisheries). 
SENATE REPORT No. 96-72 (Comm. on Commerce, Science, and Transportation). 
CONGRESSIONAL RECORD, Vol. 125 (1979): 
Apr. 30, considered and passed Senate. 
June 25, H.R. 1798 considered and passed House; passage vacated and S. 917, 
amended, passed in lieu. 
Aug. 1, Senate concurred in House amendment; action vitiated and Senate 
concurred in House amendment with an amendment. 
Aug. 2, House concurred in Senate amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 15, No. 33: 
Aug. 15, Presidential statement.