Fisheries Amendments of 1982
PL 97-389 (H.R.3942), enacted 12/29/1982

PUBLIC LAW 97-389—DEC. 29, 1982 
96 STAT. 1949 
Public Law 97-389 
97th Congress 
An Act 
To amend the Commercial Fisheries Research and Development Act of 1964. 
Dec. 29, 1982 
[H.R. 3942] 
Be it enacted by the Senate and House of Representatives of the 
. 
United States of America in Congress assembled, That this Act may Amen'dments of 
be cited as the "Fisheries Amendments of 1982". 
1982. 
TITLE I—COMMERCIAL FISHERIES RESEARCH AND 
DEVELOPMENT ACT 
SEC. 101. (a) Section 4(a) of the Commercial Fisheries Research 
and Development Act of 1964 (16 U.S.C. 779b(a)) is amended— 
(1) by striking the period at the end of paragraph (2) and 
inserting in lieu thereof ", and"; and 
(2) by adding at the end thereof the following new paragraph: 
"(3) $5,000,000 for each of the fiscal years ending September 
30,1984, and September 30,1985.". 
(b) Section 4(b) of the Commercial Fisheries Research and Devel-
opment Act of 1964 (16 U.S.C. 779b(b)) is amended— 
(1) by striking "and" at the end of paragraph (2); 
(2) by inserting ", and" at the end of paragraph (3); and 
(3) by adding at the end thereof the following new paragraph: 
"(4) $2,500,000 for each of the fiscal years ending September 
30,1984, and September 30,1985.". 
(c) Section 4(c) of the Commercial Fisheries Research and Develop-
ment Act of 1964 (16 U.S.C. 779b(c)) is repealed. 
TITLE II—MARINE MAMMAL PROTECTION 
SEC. 201. Section 14 of the North Pacific Fisheries Act of 1954 (16 
U.S.C. 1034) is amended to read as follows: 
"SEC. 14. (a)(1) The Secretary of Commerce is directed to take such 
actions as are necessary and appropriate to determine the effect of 
the Japanese salmon drift gillnet fishery on marine mammal popu-
lations, and to reduce or eliminate the incidental taking of marine 
mammals, particularly Dall's porpoise, by this fishery. Such actions 
shall include, but not be limited to— 
"(A) the placement of duly authorized observers of the United 
States onboard Japanese salmon fishing and research vessels 
while within the Fishery Conservation Zone, for the purpose of 
making scientific observations and studies relating to the biol-
ogy of the Dall's porpoise and the incidental taking of marine 
mammals, seabirds, and king salmon of North American origin; 
"(B) the collection of a representative sample of biological 
material and data on all marine mammals incidentally taken in 
the fishery; and 
"(C) the adoption of requirements, by permit conditions or 
agreement, governing the incidental taking of marine mammals 
by Japanese salmon fishing vessels within the Fishery Conser-
vation Zone, which will insure that new fishing gear or tech-
16 use 779 note. 
•it 
96 STAT. 1950 
PUBLIC LAW 97-389—DEC. 29, 1982 
:.KS dl 
General Permit, 
extension. 
Report, 
availability. 
Publication in 
Federal 
Register. 
Publication in 
Federal 
Register. 
niques, or both, are implemented in the North Pacific salmon 
fishery which will reduce porpoise mortality to the greatest 
extent practicable. 
"(2) The introduction of new fishing gear or techniques, or both, in 
the fishery under paragraph (1) of this subsection shall be accom-
plished no later than is specified in the following timetable: 
"(A) 25 per centum of the fleet by the commencement of the 
1984 season; 
"(B) 50 per centum of the fleet by the commencement of the 
1985 season; 
"(C) 75 per centum of the fleet by the commencement of the 
1986 season; and 
"(D) 100 per centum of the fleet in order to be eligible for a 
new permit for the period after June 9,1987. 
The Secretary shall have the authority to decide, based upon availa-
ble fishery research, which types of fishing gear or techniques offer 
the most practical and effective opportunity for reducing porpoise 
mortality, and to specify which of these fishing gear or techniques, 
or both, must be implemented during the time periods specified in 
subparagraphs (A) through (D) of this paragraph. In addition, the 
National Marine Fisheries Service may require the implementation 
of new gear types or fishing techniques, or both, on a faster schedule 
if the Service determines that faster implementation is technically 
and economically feasible. 
"(b) The General Permit issued under the Marine Mammal Pro-
tection Act of 1972 (16 U.S.C. 1361 et seq.) to the Federation of Japan 
Salmon Fisheries Cooperative Association on May 7, 1981 (herein-
after referred to as the 'General Permit'), is extended through 
June 9, 1987, unless earlier terminated by the Secretary pursuant 
to applicable law: Provided, That— 
"(1) all other provisions of the General Permit and applicable 
law shall remain in effect during that period; 
"(2) the Secretary shall by January 1 of each year during that 
period prepare and make available a report covering the results 
of the annual review required by condition B-2 of the General 
Permit and a proposed action plan for the forthcoming fishing 
season setting forth monitoring, research and development, and 
any other necessary actions to assure compliance with the 
General Permit, resolve questions about the status and trends of 
marine mammals affected by the Japanese high seas and land-
based salmon gillnet fisheries, and reduce the annual incidental 
take of marine mammals in the Fishery Conservation Zone, and 
shall publish a notice of availability of the report in the Federal 
Register. The Secretary shall, by April 30 of each year during 
this period, prepare and make available a report covering a 
final action plan and shall publish a notice of availability of the 
report in the Federal Register. 
(3) the Memorandum of Understanding between the Govern-
ment of the United States of America and the Government of 
Japan dated June 3, 1981, relating to such incidental taking 
shall be modified or renegotiated by June 9,1984, so as to apply 
to this extended period and to ensure the conduct of necessary 
monitoring and research and development efforts to implement 
the action plans described in paragraph (2) of this subsection. 
"(c) The taking of marine mammals incidental to fishing oper-
ations by Japanese salmon fishing vessels within the Fishery Con-
servation Zone shall be regulated in accordance with the General 
PUBLIC LAW 97-389—DEC. 29, 1982 
96 STAT. 1951 
Permit, except that the Secretary shall take appropriate steps, 
including the suspension or modification of the General Permit, if 
the Secretary determines that the General Permit holder or certifi-
cate holders are not adhering to the conditions of the General 
Permit or to the conditions specified in paragraphs (a)(1)(C) and (a)(2) 
of this section and publishes such determination and its basis in the 
Federal Register. 
"(d) The terms and conditions under which the General Permit is 
issued may be modified by the Secretary in such manner as the 
Secretary determines to be consistent with and necessary to carry 
out the purposes of the Marine Mammal Protection Act of 1972 (16 
U.S.C. 1361 et seq.) and this Act. 
"(e) The Secretary shall ensure that any Memorandum of Under-
standing between the Government of Japan and the Government of 
the United States of America shall require no less of a commitment 
to marine mammal research and seabird research than that 
required by this section and the Memorandum of Understanding in 
effect on the date of enactment of the Fisheries Amendments Act of 
1982. 
"(f)(1) In order to assure full implementation of the provisions of 
this section, the Secretary shall include as a condition of such 
General Permit and any Memorandum of Understanding that the 
Government of Japan or the permit holder, shall provide— 
"(A) appropriate funding each year to carry out fully a joint 
research program on Ball's porpoise and other marine mam-
mals incidentally taken in the Japanese fishery; and 
"(B) a full report each year on the activities undertaken by 
the Government of Japan and the General Permit holder relat-
ing to marine mammal research and the progress toward the 
elimination of the incidental taking of marine mammals in the 
fishery. 
"(2) If the Secretary finds that such research cannot be success-
fully conducted because of a lack of adequate funding by the Govern-
ment of Japan or the General Permit holder the Secretary shall 
immediately suspend the General Permit until such time as ade-
quate funding is provided.". 
SEC. 202. The first sentence of section 201(b)(1) of the Act of 
October 21,1972 (16 U.S.C. 1401(b)(1)), is amended to read as follows: 
"Effective September 1, 1982, the Commission shall be composed of 
three members who shall be appointed by the President, by and with 
the advice and consent of the Senate.". 
Ante, p. 1949. 
Research 
program 
funding. 
Report. 
Permit 
suspension. 
Effective date. 
TITLE III—NORTH ATLANTIC SALMON TREATY 
SEC. 301. This title may be cited as the "Atlantic Salmon Conven-
tion Act of 1982". 
SEC. 302. As used in this title, the term— 
(1) "Act of 1976" means the Act entitled "An Act to provide 
for the conservation and management of the fisheries, and for 
other purposes", approved April 13,1976 (16 U.S.C. 1801 et seq.); 
(2)' Commission means any of the Commissions of the Orga-
nization that are established by the Convention; 
(3) "Commissioner" means a United States Commissioner 
appointed under section 403 of this title; 
(4) "Convention" means the Convention for the Conservation 
of Salmon in the North Atlantic Ocean, signed at Reykjavik, 
Iceland, on March 2,1982; 
Atlantic Salmon 
Convention Act 
of 1982. 
16 u s e 3601 
note. 
Definitions. 
16 u s e 3601. 
96 STAT. 1952 
PUBLIC LAW 97-389—DEC. 29, 1982 
Council and 
Commissions, 
membership. 
16 u s e 3602. 
Compensation. 
5 u s e 8101 et 
seq., 28 USC 2671 
et seq. 
5 USC app. 
16 USC 3603. 
'tj.;<>s 
(5) "Council" means the Council established by the Conven-
tion; 
(6) "fishing" has the same meaning as such term has in 
section 3(10) of the Act of 1976 (16 U.S.C 1802(10)); 
(7) "Organization" means the North Atlantic Salmon Conser-
vation Organization established under the Convention; 
(8) "person" has the same meaning as such term has in 
section 3(19) of the Act of 1976 (16 U.S.C. 1802(19)); and 
(9) "salmon" means all species of salmon which migrate in or 
into the waters of the Atlantic Ocean north of 36 degrees north 
latitude. 
SEC. 303. (a) The United States shall be represented on the Council 
and Commissions by three United States Commissioners to be 
appointed by the President to serve at his pleasure. Of such Commis-
sioners, one shall be an official of the United States Government, 
and two shall be individuals (not officials of the United States 
Government) who are knowledgeable or experienced concerning the 
conservation and management of salmon of United States origin. 
O
b
) The Secretary of State, in consultation with the Secretary of 
Commerce and the Secretary of the Interior, may designate alter-
nate United States Commissioners. In the absence of a Commis-
sioner appointed under subsection (a) of this section, an alternate 
Commissioner may exercise at any meeting of the Organization, the 
Council, or any Commission all functions of such Commissioner. 
(c) Individuals who serve as Commissioners and alternate Com-
missioners shall not receive any compensation for such service. Such 
individuals shall be considered to be Federal employees while per-
forming such service, except for purposes of injury compensation or 
tort claims liability as provided in chapter 81 of title 5, United 
States Code, and chapter 171 of title 28, United States Code. 
(d) In carrying out their functions under the Convention, the 
Commissioners may consult with the appropriate Regional Fishery 
Management Councils established by section 302 of the Act of 1976 
(16 U.S.C. 1852), and may consult with such other interested parties 
as they consider appropriate. The Federal Advisory Committee Act 
(5 U.S.C. App. 1 et seq.) shall not apply to consultations described in 
this subsection. 
SEC. 304. (a) The Secretary of State may— 
(1) receive, on behalf of the United States, reports, requests, 
recommendations, proposals, and other communications of the 
Organization and its subsidiary organs; 
(2) with the concurrence of the Secretary of Commerce and 
the Secretary of the Interior, approve, object to, or withdraw 
objections to regulatory measures proposed in accordance with 
the Convention; and 
(3) act upon, or refer to other appropriate authority, any 
communication referred to in paragraph (1) of this subsection 
other than a proposed regulatory measure. 
(b) If the concurrence required under subsection (a)(2) of this 
section has not been obtained by the Secretary of State— 
(1) regarding the approval of, or the objection to, a proposed 
regulatory measure within forty-five days after the measure 
was received on behalf of the United States; or 
(2) regarding the withdrawal of an objection of the United 
States to a proposed regulatory measure within forty-five days 
after such withdrawal is proposed by the Secretary of State; 
PUBLIC LAW 97-389—DEC. 29, 1982 
96 STAT. 1953 
the Secretary of State shall submit the matter in disagreement, 
together with a statement of the opposing positions, to the President 
for timely disposition. 
SEC. 305. (a) The Secretary of Commerce, in cooperation with the ^^e^^ations. 
Secretary of the Interior and the Secretary of the department in ^^ ^°^ ^^^^• 
which the Coast Guard is operating, shall promulgate such regula-
tions pursuant to section 553 of title 5, United States Code, as may 
be necessary to carry out the purposes and objectives of the Conven-
tion and this title, and to implement regulatory measures that are 
binding on the United States under the Convention. Any such 
regulation may be made applicable, as necessary, to all persons and 
all vessels subject to the jurisdiction of the United States, wherever 
located. 
(b) The Secretary of Commerce, in cooperation with the Secretary 
of the Interior, shall prepare all statements, reports, and notifica-
tions required by Articles 14 and 15 of the Convention and submit 
such documents to the Secretary of State for transmission to the 
Organization. 
SEC. 306. (a) In carrying out the provisions of the Convention, the 1
6 use 3605. 
Secretary of Commerce, in consultation with the Secretary of the 
• , 
Interior, may arrange for the cooperation of agencies of the United 
States and the States, and of private institutions and organizations. 
(b) Appropriate agencies of the United States may cooperate in 
the conduct of scientific and other programs, and may furnish 
facilities and personnel, for the purposes of assisting the Organiza- 
...g ..-j.. 
tion in carrying out its duties under the Convention. Such agencies 
* 
. 
may accept reimbursement from the Organization for providing 
such services, facilities, and personnel. 
SEC. 307. (a) It is unlawful for any person, or any vessel, subject to 1
6 U
S
C 3606. 
the jurisdiction of the United States— 
(1) to conduct directed fishing for salmon in waters seaward of 
twelve miles from the baselines from which the breadths of 
territorial se£is are measured, in waters of the Atlantic Ocean 
north of 36 degrees north latitude; or 
(2) to violate any provision of the Convention or this title, or 
of any regulation promulgated under this title. 
- , ,,, 
, -,; 
O
b
) Any person who commits any act that is unlawful under 
subsection (a) of this section shall— 
(1) be liable to the United States for a civil penalty under 
section 308 of the Act of 1976 (16 U.S.C. 1858) to the same extent 
as if such act were an act prohibited under section 307 of the 
Act of 1976 (16 U.S.C. 1857); and 
(2) be guilty of an offense under section 309 of the Act of 1976 
(16 U.S.C 1859) to the same extent as if such act were an act 
prohibited by section 307(1) (D), (E), (F), or (H) of the Act of 1976 
(16 U.S.C 1857(1) (D), (E), (F), or (H)). 
(c) Any vessel used in the commission of an act which is unlawful 
under subsection (a) of this section shall be subject to civil forfeiture 
under section 310 of the Act of 1976 (16 U.S.C. 1860) to the same 
extent as if such vessel was used in the commission of an act 
prohibited by section 307 of the Act of 1976 (16 U.S.C. 1857). 
SEC. 308. The Secretary of Commerce and the Secretary of the 
1
6 use 3607. 
department in which the Coast Guard is operating shall enforce the 
provisions of this title and any regulation issued under this title. For 
purposes of such enforcement, such provisions and regulations shall 
be considered to be provisions of the Act of 1976 to which section 311 
96 STAT. 1954 
PUBLIC LAW 97-389—DEC. 29, 1982 
Appropriation 
authorization. 
16 use 3608. 
(a), (b), (c), and (d) of the Act of 1976 (16 U.S.C. 1861 (a), (b), (c), and 
(d), respectively) apply. 
SEC. 309. There are authorized to be appropriated from time to 
time such sums as may be necessary for carrying out the purposes 
and provisions of the Convention and this title, including— 
(1) necessary travel expenses of the Commissioners and alter-
nate Commissioners in accordance with the Federal Travel 
Regulation and sections 5701, 5702, 5704 through 5708, and 5731 
of title 5, United States Code; and 
(2) the United States contribution to the Organization as 
provided in Article 16 of the Convention, not to exceed $50,000 
for fiscal year 1983, and not to exceed, for each succeeding fiscal 
year, the amount assessed by the Organization for the United 
States for such year. 
Effective date. 
16 use 1823 
note. 
16 use 1823 
note. 
M^x> '.'Ji 
46 use 65i, 65j. 
46 use 883. 
TITLE IV—GOVERNING INTERNATIONAL FISHERY 
AGREEMENTS 
SEC. 401. Notwithstanding any other provision of law, the govern-
ing international fishery ^eement entered into between the 
Government of the United States and the Government of Japan 
pursuant to the Magnuson Fishery Conservation and Management 
Act of 1976 (16 U.S.C. 1801 et seq.) signed at Washington on Septem-
ber 10, 1982, is approved, and shall become effective on January 1, 
1983. 
SEC. 402. Notwithstanding any other provision of law, the govern-
ing international fishery agreement entered into between the 
Government of the United States and the Government of Spain 
pursuant to the Magnuson Fishery Conservation and Management 
Act of 1976 (16 U.S.C. 1801 et seq.) signed on July 29, 1982, is 
approved. 
TITLE V—MISCELLANEOUS PROVISIONS 
SEC. 501. Notwithstanding the failure of the vessels named below 
to meet the requirements contained in sections 111 and 112 of the 
Vessel Documentation Act, as amended (46 U.S.C. 65 (i) and (j)), and 
section 27 of the Merchant Marine Act, 1920, as amended (46 U.S.C. 
883), on the date of this Act, the Secretary of the department in 
which the Coast Guard is operating shall cause the vessel Centurion 
(officially numbered 
), owned by Joseph B. Simoncelli, of 
Scranton, Pennsylvania, and the vessel Ellen Ruth (officially num-
bered 
) owned by Jefferson B. Bruton, of Isle of Palms, South 
Carolina, to be documented as vessels of the United States upon 
compliance with all other requirements of law, with the privilege of 
engaging in the coastwise trade. 
SEC. 502. The Merchant Marine Act, 1920 (41 Stat. 988), as 
amended (46 U.S.C. 861 et seq.), is amended by adding at the end of 
section 27: "For the purposes of this section, after December 31, 
1983, or after such time as an appropriate vessel has been con-
structed and documented as a vessel of the United States, the 
transportation of hazardous waste, as defined in section 1004(5) of 
the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 
6903(5)), from a point in the United States for the purpose of the 
incineration at sea of that waste shall be deemed to be transporta-
tion by water of merchandise between points in the United Stat^: 
Provided, however, That the provisions of this sentence shall not 
xxxxxx
xxxxxx
PUBLIC LAW 97-389—DEC. 29, 1982 
96 STAT. 1955 
apply to this transportation when performed by a foreign-flag ocean 
incineration vessel, owned by or under construction on May 1,1982, 
for a corporation wholly owned by a citizen of the United States; the 
term 'citizen of the United States', as used in this proviso, means a 
corporation as defined in sections 2(a) and 2(b) of the Shipping Act, 
1916 (46 U.S.C. 802 (a) and (b)). The incineration equipment on these 
vessels shall meet all current United States Coast Guard and Envi-
ronmental Protection Agency standards. These vessels shall, in 
addition to any other inspections by the flag state, be inspected by 
the United States Coast Guard, including drydock inspections and 
internal examinations of tanks and void spaces, as would be 
required of a vessel of the United States. Satisfactory inspection 
shall be certified in writing by the Secretary of Transportation. Such 
inspections may occur concurrently with any inspections required 
by the flag state or subsequent to but no more than one year after 
the initial issuance or the next scheduled issuance of the Safety of 
Life at Sea Safety Construction Certificate. In making such inspec-
tions, the Coast Guard shall refer to the conditions established by 
the initial flag state certification as the basis for evaluating the 
current condition of the hull and superstructure. The Coast Guard 
shall allow the substitution of an equivalent fitting, material, appli-
ance, apparatus, or equipment other than that required for vessels 
of the United States if the Coast Guard has been satisfied that 
fitting, material, appliance, apparatus, or equipment is at least as 
effective as that required for vessels of the United States.". 
SEC. 503. (a) Section 20 of the Act of March 4, 1915 (38 Stat. 1185), 
as amended (46 U.S.C 688) is amended— 
(1) by redesignating that section as section 20(a); and 
(2) by adding at the end thereof the following new subsection: 
"(b)(1) No action may be maintained under subsection (a) or under 
any other maritime law of the United States for maintenance and 
cure or for damages for the injury or death of a person who was not 
a citizen or permanent resident alien of the United States at the 
time of the incident giving rise to the action, if the incident 
occurred— 
"(A) while that person was in the employ of an enterprise 
engaged in the exploration, development, or production of off-
shore mineral or energy resources—including but not limited to 
drilling, mapping, surveying, diving, pipelaying, maintaining, 
repairing, constructing, or transporting supplies, equipment or 
personnel, but not including transporting those resources by a 
vessel constructed or adapted primarily to carry oil in bulk in 
the cargo spaces; and 
"(B) in the territorial waters or waters overlaying the conti-
nental shelf of a nation other than the United States, its 
territories, or possessions. As used in this paragraph, the term 
'continental shelf has the meaning stated in Article I of the 
1958 Convention on the Continental Shelf. 
"(2) The provisions of paragraph (1) of this subsection shall not be 
applicable if the person bringing the action establishes that no 
remedy was available to that person— 
"(A) under the laws of the nation asserting jurisdiction over 
the area in which the incident occurred; or 
"(B) under the laws of the nation in which, at the time of the 
incident, the person for whose injury or death a remedy is 
sought maintained citizenship or residency.". 
"Citizen of the 
United States." 
Vessel 
inspections. 
"Ck)ntinental 
shelf." 
15UST471. 
96 STAT. 1956 
PUBLIC LAW 97-389—DEC. 29, 1982 
^stri^tion 
(b) The amendment made by this section does not apply to any 
46 use 688 note, action arising out of an incident that occurred before the date of 
enactment of this section. 
SEC. 504. Section 27 of the Merchant Marine Act, 1920 (46 U.S.C. 
883) is amended by inserting the following immediately before the 
period at the end thereof: "Provided further, That for the purposes 
of this section, supplies aboard United States documented fish proc-
; 7isi essing vessels, which are necessary and used for the processing or 
assembling of fishery products aboard such vessels, shall be consid-
ered ship's equipment and not merchandise". 
Approved December 29, 1982. 
. . 
LEGISLATIVE HISTORY—H.R. 3942: 
HOUSE REPORT No. 97-295 (Comm. on Merchant Marine and Fisheries). 
CONGRESSIONAL RECORD: 
Vol. 127 (1981): Nov. 4, considered and passed House. 
sxj 
Vol. 128 (1982): Dec. 10, considered and passed Senate, amended; House con-
, "
r 
curred in Senate amendments.