An Act to give effect to the International Convention for the Conservation of Atlantic Tunas, signed at Rio de Janeiro, May 14, 1966, by the United States of American and other countries, and for other purposes.
PL 94-70 (H.R.5522), enacted 08/05/1975

PUBLIC LAW 94-70—AUG. 5, 1975 
89 STAT. 385 
Public Law 94-70 
94th Congress 
An Act 
Atlantic Tunas 
Convention Ac t of 
1975. 
16 u s e 971 note. 
16 u s e 971. 
20 UST 2887. 
To give effect to the International Convention for the Conservation of Atlantic 
Aug. 5, 1975 
Tunas, signed at Rio de Janeiro May 14, 1966, by the United States of America 
[H.R. 5522] 
and other countries, and for other purposes. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled^ That this Act may be 
cited as the "Atlantic Tunas Convention Act of 1975". 
DEFINITIONS 
SEC. 2. For the purpose of this Act— 
(1) The term "Convention" means the International Conven-
tion for the Conservation of Atlantic Tunas, signed at Rio de 
Janeiro May 14, 1966, including any amendments or protocols 
which are or become effective for the United States. 
(2) The term "Commission" means the International Commis-
sion for the Conservation of Atlantic Tunas provided for in article 
III of the Convention. 
(3) The term "Council" means the Council established within 
the International Commission for the Conservation of Atlantic 
Tunas pursuant to article V of the Convention. 
(4) The term "fisheries zone" means the entire zone established 
by the United States under the Act of October 14, 1966 (80 Stat. 
908; 16'U.S.C. 1091-1094), or similar zones established by other 
parties to the Convention to the extent that such zones are recog-
nized by the United States. 
(5) The term "fishing" means the catching, taking, or fishing 
for, or the attempted catching, taking, or fishing for any species 
of fish covered by the Convention, or any activities in support 
thereof. 
(6) The term "fishing vessel" means any vessel engaged in 
catching fish or processing or transporting fish loaded on the 
high seas, or anj' vessel outfitted for such activities. 
(7) The term "Panel" means any panel established by the Com-
mission pursuant to article VI of the Convention. 
(8) The term "person" means every individual, partnership, 
corporation, and association subject to the jurisdiction of the 
United States. 
(9) The term "Secretary" means the Secretary of Commerce, 
(10) The term "State" includes each of the States of the United 
States, the District of Columbia, the Commonwealth of Puerto 
Rico, and the territories and possessions of the United States. 
COMMISSIONERS 
SEC. 3. (a) The United States shall be represented by not more than 16 USC 971a. 
three Commissioners who shall serve as delegates of the United States 
on the Commission, and who may serve on the Council and Panels of 
the Commission as provided for in the Convention. Such Commis-
sioners shall be appointed by and serve at the pleasure of the President. 
89 STAT. 386 
PUBLIC LAW 94-70—AUG. 5, 1975 
Not more than one such Commissioner shall be a salaried employee of 
any State or political subdivision thereof, or the Federal Government. 
The Commissioners shall be entitled to select a Chairman and to 
adopt such rules of procedure as they find necessary. 
(b) The Secretary of State, in consultation with the Secretary, may 
designate from time to time and for periods of time deemed appropri-
ate Alternate United States Commissioners to the Commission. Any 
Alternate United States Commissioner may exercise at any meeting of 
the Commission, Council, any Panel, or the advisory committee estab-
lished pursuant to section 4 of this Act, all powers and duties of a 
United States Commissioner in the absence of any Commissioner 
appointed pursuant to subsection (a) of this section for whatever 
reason. The number of such Alternate United States Commissioners 
that may be designated for any such meeting shall be limited to the 
number of United States Commissioners appointed pursuant to sub-
section (a) of this section who will not be present at such meeting. 
(c) The United States Commissioners or Alternate Commissioners, 
although officers of the United States while so serving, shall receive no 
compensation for their services as such Commissioners or Alternate 
Commissioners. 
ADVISORY COMMITTEE 
16 use 971b. 
SEC. 4. The United States Commissioners shall appoint an advisory 
committee which shall be composed of not less than five nor more than 
twenty individuals who shall be selected from the various groups con-
20 UST 2887. 
cerned with the fisheries covered by the Convention. Each member of 
the advisory committee shall serve for a term of two years and be 
eligible for reappointment. Members of the advisory committee may 
attend all public meetings of the Commission, Council, or any Panel 
and any other meetings to which they are invited by the Commission, 
Council, or any Panel. The advisory committee snail be invited to 
attend all nonexecutive meeting of the United States Commissioners 
and at such meetings shall be given opportunity to examine and to be 
heard on all proposed programs of investigation, reports, recom-
mendations, and regulations of the Commission. Members of the 
advisory committee shall receive no compensation for their services as 
such members. On approval by the United States Commissioners— 
Transportation 
(1) if not more than three members of the advisory committee 
expenses. 
are designated by the committee to attend any meeting of the 
Commission, Council, or advisory committee, or of any Panel, 
each of such members shall be paid for his actual transportation 
expenses and per diem incident to his attendance; and 
(2) in any case in which more than three members are desig-
nated by the advisory committee to attend any such meeting, each 
such member to whom paragraph (1) does not apply may be paid 
for his actual transportation expenses and per diem incident to 
his attendance. 
SECRETARY OF STATE TO ACT FOR THE UNITED STATES 
16 use 971c. 
SEC. 5. (a) The Secretary of State is authorized to receive on behalf 
of the United States, reports, requests, and other communications of 
the Commission, and to act thereon directly or by reference to the 
appropriate authorities. The Secretary of State, with the concurrence 
of the Secretary and, for matters relating to enforcement, the Secre-
tary of the department in which the Coast Guard is operating, is 
authorized to take appropriate action on behalf of the United States 
PUBLIC LAW 94-70—AUG. 5, 1975 
89 STAT. 387 
with regard to recommendations received from the Commission pur-
suant to article VIII of the Convention. The Secretary and, when 
appropriate, the Secretary of the department in which the Coast 
Guard is operating, shall inform the Secretary of State as to what 
action he considers appropriate within five months of the date of 
the notification of the recommendation from the Commission, and 
again within forty-five days of the additional sixty-day period pro-
vided by the Convention if any objection is presented by another 
contracting party to the Convention, or within thirty days of the 
date of the notification of an objection made within the additional 
sixty-day period, whichever date shall be the later. After any notifi-
cation from the Commission that an objection of the United States 
is to be considered as having no effect, the Secretary shall inform 
the Secretary of State as to what action he considers appropriate 
within forty-five days of the sixty-day period provided by the Con-
vention for reaffirming objections. The Secretary of State shall take 
steps under the Convention to insure that a recommendation pursuant 
to article VIII of the Convention does not become effective for the 
United States prior to its becoming effective for all contracting parties 
conducting fisheries affected by such recommendation on a meaningful 
scale in terms of their effect upon the success of the conservation 
program, unless he determines, with the concurrence of the Secretary, 
and, for matters relating to enforcement, the Secretary of the depart-
ment in which the Coast Guard is operating, that the purposes of the 
Convention would be served by allowing a recommendation to take 
effect for the United States at some earlier time. 
(b) The Secretary of State, in consultation with the Secretary and 
the Secretary of the department in which the Coast Guard is oper-
ating, is authorized to enter into agreements with any contracting 
party, pursuant to paragraph 3 of article IX of the Convention, 
relating to cooperative enforcement of the provisions of the Conven-
tion, recommendations in force for the United States and such party 
or parties under the Convention, and regulations adopted by the 
LTnited States and such contracting party or parties pursuant to 
recommendations of the Commission. Such agreements may authorize 
personnel of the United States to enforce measures under the Conven-
tion and under regulations of another party with respect to persons 
under that party's jurisdiction, and may authorize personnel of 
another party to enforce measures under the Convention and under 
United States regulations with respect to persons subject to the juris-
diction of the United States. Enforcement under such an agreement 
may not take place within the territorial seas or fisheries zone of 
the United States. Such agreements shall not subject persons or vessels 
under the jurisdiction of the United States to prosecution or assess-
ment of penalties by any court or tribunal of a foreign country. 
20 UST 2887. 
Cooperative 
enforcement 
agreements. 
ADMINISTRATION 
SEC. 6. (a) The Secretary is authorized and directed to administer 
16 USC 971d. 
and enforce all of the provisions of the Convention, this Act, and 
regulations issued pursuant thereto, except to the extent otherwise 
provided for in this Act. In carrying out such functions the Secre- Regulations, 
tary is authorized and directed to adopt such regulations as may 
be necessary to carry out the purposes and objectives of the Conven-
tion and this Act, and with the concurrence of the Secretary of State, 
he may cooperate with the duly authorized officials of the government 
of any party to the Convention. In addition, the Secretary may utilize, 
89 STAT. 388 
PUBLIC LAW 94-70—AUG. 5, 1975 
Regulations. 
20 UST 2887. 
Regulations. 
Publication in 
Federal Register. 
Publication in 
Federal Register. 
with the concurrence of the Secretary of the department in which the 
Coast Guard is operating insofar as such utilization involves enforce-
ment at sea, with or without reimbursement and by agreement with 
any other Federal department or agency, or with any agency of any 
State, the personnel, services, and facilities of that agency for enforce-
ment purposes with respect to any vessel in the fisheries zone, or 
wherever found, with respect to any vessel documented under the 
laws of the United States, and any vessel numbered or otherwise 
licensed under the laws of any State. When so utilized, such personnel 
of the States of the United States are authorized to function as Fed-
eral law enforcement agents for these purposes, but they shall not be 
held and considered as employees of the United States for the pur-
poses of any laws administered by the Civil Service Commission. 
(b) Enforcement activities at sea under the provisions of this Act 
for fishing vessels subject to the jurisdiction of the United States shall 
be primarily the responsibility of the Secretary of the department in 
which the Coast Guard is operating, in cooperation with the Secretary 
and the United States Customs Service. The Secretary after consulta-
tion with the Secretary of the department in which the Coast Guard is 
operating, shall adopt such regulations as may be necessary to provide 
for procedures and methods of enforcement pureuant to article IX of 
the Convention. 
(c) (1) Upon favorable action by the Secretary of State under sec-
tion 5(a) of this Act on any recommendation of tlie Commission made 
pursuant to article VIII of the Convention, the Secretary shall pro-
mulgate, pursuant to this subsection, such regulations as may be 
necessary and appropriate to carry out such recommendation. 
(2) To promulgate regulations referred to in paragraph (1) of this 
subsection, the Secretary shall publish in the Federal Register a gen-
eral notice of proposed rulemaking and shall afford interested persons 
an opportunity to participate in the rulemaking through (A) submis-
sion of written data, views, or arguments, and (B) oral presentation at 
a public hearing. Such regulations shall be published in the Federal 
Register and shall be accompanied by a statement of the considerations 
involved in the issuance of the regulations, and by a statement, based 
on inquiries and investigations, assessing the nature and effectiveness 
of the measures for the implementation of the Commission's recom-
mendations which are being or will be carried out by countries whose 
vessels engage in fishing the species subject to such recommendations 
within the waters to which the Convention applies. After publication 
in the Federal Register, such regulations shall be applicable to all ves-
sels and persons subject to the jurisdiction of the United States on such 
date as the Secretary shall prescribe. The Secretary shall suspend at 
any time the application of any such regulation when, after consulta-
tion with the Secretary of State and the United States Commissioners, 
he determines that fishing operations in the Convention area of a con-
tracting party for whom the regulations are effective are such as to 
constitute a serious threat to the achievement of the Commission's 
recommendations. 
(3) The regulations required to be promulgated under paragraph 
(1) of this subsection may— 
(A) select for regulation one or more of the species covered 
by the Convention; 
"(B) divide the Convention waters into areas; 
(C) establish one or more open or closed seasons as to each such 
PUBLIC LAW 94-70—AUG. 5, 1975 
89 STAT. 389 
20 UST 2887 
(D) limit the size of the fish and quantity of the catch which 
may be taken from each area within any season during which 
fishing is allowed; 
(E) limit or prohibit the incidental catch of a regulated species 
which may be retained, taken, possessed, or landed by vessels or 
persons fishing for other species of fish; 
(F) require records of operations to be kept by any master or 
other person in charge of any fishing vessel; 
(G) require such clearance certificates for vessels as may be 
necessary to carry out the purposes of the Convention and this 
Act; 
(H) require proof satisfactory to the Secretary that any fish 
subject to regulation pursuant to a recommendation of the Com-
mission offered for entry into the United States has not been 
taken or retained contrary to the recommendations of the Com-
mission made pursuant to article VIII of the Convention which 
have been adopted as regulations pursuant to this section; and 
(I) impose such other requirements and provide for such other 
measures as the Secretary may deem necessary to implement any 
recommendation of the Commission. 
(4) Upon the promulgation of regulations provided for in para- Regulations, 
graph (3) of this subsection, the Secretary shall promulgate, with the 
concurrence of the Secretary of State and pursuant to the procedures 
prescribed in paragraph (2) of this subsection, additional regulations 
which shall become effective simultaneously Avith the application of 
the regulations provided for in paragraph (3) of this subsection, 
which prohibit— 
(A) the entry into the United States of fish in any form of 
those species which are subject to regulation pursuant to a recom-
mendation of the Commission and which were taken from the 
Convention area in such manner or in such circumstances as would 
tend to diminish the effectiveness of the conservation recommen-
dations of the Commission; and 
(B) the entry into the United States, from any country when 
the vessels of such country are being used in the conduct of fish-
ing operations in the Convention area in such manner or in such 
circumstances as would tend to diminish the effectiveness of the 
conservation recommendations of the Commission, of fish in any 
form of those species which are subject to regulation pursuant 
to a recommendation of the Commission and which were taken 
from the Convention area. 
(5) In the case of repeated and flagrant fishing operations in the 
Convention area by the vessels of any country which seriously threaten 
the achievement of the objectives of the Commission's recommenda-
tions, the Secretary with the concurrence of the Secretary of State, 
may by regulations promulgated pursuant to paragraph (2) of this 
subsection prohibit the entry in any form from such country of other 
species covered by the Convention as may be under investigation by 
the Commission and which were taken in the Convention area. Any 
such prohibition shall continue until the Secretary is satisfied that 
the condition warranting the prohibition no longer exists, except that 
all fish in any form of the species under regulation which were pre-
viously prohibited from entry shall continue to be prohibited from 
entry. 
(d)(1) Not withstanding section 5(a) and subsec+ion (c) of this 
section, the recommendations of the Commission concerning bluefin 
tuna (Thunnus thynnus thynnus) which were proposed at the third 
57-194 O - 77 - 29 
89 STAT. 390 
PUBLIC LAW 94-70—AUG. 5, 1975 
Regulations. 
Publication in 
Federal Register. 
20 UST 2887. 
regular meeting of the Council during the period beginning Novem-
ber 20 and ending November 26, 1974, shall apply with respect to 
persons and vessels subject to the jurisdiction of the United States 
immediately upon the taking effect of the regulations required to be 
promulgated under paragraph (2) of this subsection. 
(2) Not later than the thirtieth day after the date of enactment of 
this Act, the Secretary shall promulgate such regulations as may be 
necessary and appropriate to carry out the purposes of paragraph 
(1) of this subsection, including, after consultation with the Secretary 
of the department in which the Coast Guard is operating, regula-
tions providing procedures and methods of enforcement. Notwith-
standing provisions of section 553 of title 5 of the United States Code, 
such regulations may be promulgated without general notice of pro-
posed rulemaking, and such regulations may take effect on the date 
they are published in the Federal Register. Such regulations shall 
remain in force and effect with respect to persons and vessels subject 
to the jurisdiction of the United States until the last date on which 
the recommendations referred to in paragraph (1) can take effect 
under paragraph (3) of article V I I I of the Convention, and if such 
recommendations do take effect under the Convention with respect 
to the United States on or before such last date, such regulations shall 
remain in force and effect, subject to the provisions of the Convention 
and this Act, for so long as such recommendations are so in effect. 
VIOLATIONS; FINES AND FORFEITURES; APPLICATION OF RELATED LAWS 
16 use 971e. 
SEC. 7. (a) It shall be unlawful— 
(1) for any person in charge of a fishing vessel or any fishing 
vessel subject to the jurisdiction of the United States to engage 
in fishing in violation of any regulation adopted pursuant to 
section 6 of this Act; or 
(2) for any pei-son subject to the jurisdiction of the United 
States to ship, transpor^t, purchase, sell, offer for sale, import, 
export, or have in custody, possession, or control any fish w^hich 
he knows, or should have known, were taken or retained contrary 
to the recommendations of the Commission made pursuant to 
article V I I I of the Convention and adopted as regulations pur-
suant to section 6 of this Act, without regard to the citizenship 
of the person or vessel which took the fish. 
(b) It ^hall be unlawful for the master or any person in charge 
of any fishing vessel subject to the jurisdiction of the United States 
to fail to make, keep, or furnish any catch returns, statistical records, 
or oither reports as are required by regulations adopted pursuant to 
this Act to be made, kept, or furnished by such master or person. 
(c) It shall be unlawful for the master or any person in charge 
of any fishing vessel subject to the jurisdiction of the United States 
to refuse to permit any person authorized to enforce the provisions 
of this Act and any regulations adopted pursuant thereto, to board 
such vessel and inspect its cateh, equipment, books, documents, records, 
or other articles or question the persons onboard in accordance with 
the provisions of this Act, or the Convention, as the case may be, or 
to obstruct such officials in the execution of such duties. 
(d) It shall be unlawful for any person to import, in violation of 
any regulation adopted pursuant to section 6(c) or (d) of this Act, 
from any country, any fish in any form of those species subject to 
regulation pursuant to a recommendation of the Commission, or any 
fish in any form not under regulation but under investigation by the 
PUBLIC LAW 94-70—AUG. 5, 1975 
89 STAT. 391 
Commission, during the {)eriod such fish have been denied entry in 
accordance with the provisions of section 6 (c) or (d) of this Act. 
In the case of any fish as described in this subsection offered for entry 
in the United States, the Secretary shall require proof satisfactory 
to him that such fish is not ineligible for such entry under the terms 
of section 6 (c) or (d) of this Act. 
(e) (1) Any person who— 
(A) violates any provision of subsection (a) of this section 
shall be assessed a civil penalty of not more than $25,000, and 
for any subsequent violation of such subsection (a) shall be 
assessed a civil penalty of not more than $50,000; 
(B) violates any provision of subsection (b) or (c) of this sec-
tion shall be assessed a civil penalty of not more than $1,000, and 
for any subsequent violation of such subsection (b) or (c) shall 
be assessed a civil penalty of n^t more than $5,000; or 
(C) violates any provision of subsection (d) of this section shall 
be assessed a civil penalty of not more than $100,000. 
(2) The Secretary is responsible for the assessment of the civil 
penalties provided for in paragraph (1). The Secretary may remit 
or mitigate any civil penalty assessed by him under this subsection 
for good cause shown. 
(3) No penalty shall be assessed under this subsection unless the 
person accused of committing any violation is given notice and oppor-
tunity for a hearing with respect to such violation. 
(4) Upon any failure of any person to pay a penalty assessed under Civil action, 
this subsection, the Secretary may request the Attorney General to 
institute a civil action in a district court of the United States for any 
district in which such person is found, resides, or transacts business to 
collect the penalty and such court shall have jurisdiction to hear and 
decide any such action. 
(f) All fish taken or retained in violation of subsection (a) of this 
section, or the monetary value thereof, may be forfeited. 
(g) All provisions of law relating to the seizure, judicial forfeiture, 
and condemnation of a cargo for violation of the customs laws, the 
disposition of such cargo or the proceeds from the sale thereof, and 
the remission or mitigation of such forfeitures shall apply to seizures 
and forfeitures incurred, or alleged to have been incurred, under the 
provisions of this Act, insofar as such provisions of law are applicable 
and not inconsistent with the provisions of this Act. 
Notice and 
hearing. 
Forfeiture. 
ENFORCEMENT 
SEC. 8; (a) Any person authorized in accordance with the provisions 16 USC 971f. 
of this Act to enforce the provisions of this Act and the regulations 
issued thereunder may— 
(1) with or without a warrant, board any vessel subject to the 
jurisdiction of the United States and inspect such vessel and its 
catch and, if as a result of such inspection, he has reasonable cause 
to believe that such vessel or any person on board is engaging in 
operations in violation of this Act or any regulations issued 
thereunder, he may, with or without a warrant or other process, 
arrest such person; 
(2) arrest, with or without a warrant, any person who violates 
the provisions of this Act or any regulation issued thereunder 
in his presence or view; 
(3) execute any warrant or other process issued by an officer 
or court of competent jurisdiction; and 
89 STAT. 392 
PUBLIC LAW 94-70—AUG. 5, 1975 
(4) seize, whenever and wherever lawfully found, all fish taken 
or retained by a vessel subject to the jurisdiction of the United 
States in violation of the provisions of this Act or any regulations 
issued pursuant thereto. Any fish so seized may be disposed of 
pursuant to an order of a court of competent jurisdiction, or, if 
perishable, in a manner prescribed by regulation of the Secretary. 
(b) To the extent authorized under the convention or by agreements 
between the United States and any contracting party concluded pur-
suant to section 5(b) of this Act for international enforcement, the 
duly authorized officials of such party shall have the authority to 
carry out the enforcement activities specified in section 8(a) of this 
Act with respect to persons or vessels subject to the jurisdiction of the 
United States, and the officials of the United States authorized pur-
suant to this section shall have the authority to carry out the enforce-
ment activities specified in section 8(a) of this Act with respect to 
persons or vessels subject to the jurisdiction of such party, except 
that where any agreement provides for arrest or seizure of persons or 
vessels under United States jurisdiction it shall also provide that the 
person or vessel arrested or seized shall be promptly handed over to a 
United States enforcement officer or another authorized United States 
official. 
(c) Notwithstanding the provisions of section 2464 of title 28, 
United States Code, when a warrant of arrest or other process in 
rem is issued in any cause under this section, the marshal or other 
officer shall stay the execution of such process, or discharge any fish 
seized if the process has been levied, on receiving from the claimant 
of the fish a bond or stipulation for the value of the property with 
sufficient surety to be approved by a judge of the district court having 
jurisdiction of the offense, conditioned to deliver the fish seized, if 
condemned, without impairment in value or, in the discretion of the 
court, to pay its equivalent value in money or otherwise to answer 
the decree of the court in such cause. Such bond or stipulation shall 
be returned to the court and judgment thereon against both the prin-
cipal and sureties may be recovered in event of any breach of the 
conditions thereof as determined by the court. In the discretion of the 
accused, and subject to the direction of the court, the fish may be sold 
for not less than its reasonable market value at the time of seizure and 
the proceeds of such sale placed in the registry of the court pending 
judgment in the case. 
COOPERATION: 
COMMISSION'S 
FUNCTIONS 
NOT RESTRAINED BT THIS 
ACT 
OR 
STATE 
L A W S 
16 use 971g. 
SEC 9. (a) The United States Commissioners, through the Secretary 
of State and with the concurrence of the agency, institution, or 
organization concerned, may arrange for the cooperation of agencies 
of the United States Government, and of State and private institutions 
and organizations in carrying out the provisions of article IV of the 
20 UST 2887. 
Convention. 
PUBLIC LAW 94-70—AUG. 5, 1975 
89 STAT. 393 
(b) All agencies of the Federal Government are authorized, upon 
the request of the Commission, to cooperate in the conduct of scientific 
and other programs, and to furnish facilities and personnel for the 
purpose of assisting the Commission in carrying out its duties under 
the Convention. 
. 
20 UST 2887. 
(c) None of the prohibitions deriving from this Acit, or contained 
in the laws or regulations of any State, shall prevent the Commission 
from conducting or authorizing the conduct of fishing operations and 
biological experiments at any time for purposes of scientific investiga-
tion, or shall prevent the Commission from discharging any other 
duties prescribed by the Convention. 
(d) (1) Except as provided in paragraph (2) of this subsection, 
nothing in this Act shall be construed so as to diminish or tx) increase 
the jurisdiction of any State in the territorial sea of the United 
States. 
(2) In the event a State does not request a formal hearing and after 
notice by the Secretary, the regulations promulgated pursuant to this 
Act to implement recommendations of the Commission shall apply 
within the boundaries of any State bordering on any Convention area 
i f the Secretary determines that any such State— 
(A) has not, within a reasonable period of time after the pro-
mulgation of regulations pursuant to this Act, enacted laws or 
promulgated regulations which implement any such recommenda-
tion of the Commission within the boundaries of such State; or 
(B) has enacted laws or promulgated regulations which (i) 
are less restrictive than the regulations promulgated pursuant to 
this Act, or (ii) are not effectively enforced. 
If a State requests the opportunity for an agency hearing on the 
record, the Secretary shall not apply regulations promulgated pursu-
ant to this Act within that State's boundaries unless the hearing rec-
ord supports a determination under paragraph (A) or (B). Such 
regulations shall apply until the Secretary determines that the State is 
effectively enforcing within its boundaries measures which are not less 
restrictive than Such regulations. 
(e) To insure that the purposes of subsection (d) are carried out, Laws and 
the Secretary shall undertake a continuing review of the laws and reg- regulations, 
ulations of all States to which subsection (d) applies or may apply 
and the extent to which such laws and regulations are enforced. 
review. 
APPROPRIATIONS 
SEC. 10. There are authorized to be appropriated out of any moneys 16 USC 971h. 
in the Treasury not otherwise appropriated, for fiscal year 1976, the 
period beginning July 1, 1976, and ending September 30, 1976, and 
fiscal year 1977 such sums as may be necessary for carrying out the 
purposes and provisions of this Act, including— 
(1) necessary travel expenses of the United States Commis-
sioners, Alternate United States Commissioners, and authorized 
advisors in accordance with the Federal Travel Regulations and 
sections 5701, 6702, 6704 through 5708, and 5731 of title 5, United 
States Code; and 
(2) the United States share of the joint expenses of the Com-
mission as provided in article X of the convention. 
89 STAT. 394 
PUBLIC LAW 94-70—AUG. 5, 1975 
SEPARABILITY 
16 use 971 note. 
SBO. 11. If any provision of this Act or the application of such 
provision to any circumstance or persons shall be held invalid, the 
validity of the remainder of the Act and the applicability of such 
provision to other circumstances or persons shall not be affected 
thereby. 
Approved August 5, 1975. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 94-295 (Coram, on Merchant Marine and Fisheries). 
SENATE REPORT No. 94-269 (Comm. on Commerce). 
CONGRESSIONAL RECORD, Vol. 121 (1975): 
June 16, considered and passed House. 
July 11, considered and passed Senate, amended. 
July 22, House concurred in Senate amendments.