If a State requests the opportunity for an agency hearing on the record, the Secretary shall not apply regulations promulgated pursuant to this act within that State's boundaries unless the hearing record 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, the Secretary shall undertake a continuing review of the laws and regulations of all States to which subsection (d) applies or may apply and the extent to which such laws and regulations are enforced. APPROPRIATIONS SEC. 10.21 There are authorized to be appropriated to carry out this Act, including use for payment of the United States share of the joint expenses of the Commission as provided in article X of the Convention, not more than $2,000,000 for each of the fiscal years 1989, 1990, 1991, 1992, and 1993. SEPARABILITY SEC. 11.22 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. 21 16 U.S.C. 971h. Sec. 208 of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4462) amended and restated sec. 10, extending the authorization of appropriations through fiscal years 1989 through 1993. Previously, Public Law 95-33 (91 Stat. 173) extended the authorization through fiscal year 1980. Sec. 1(2) of Public Law 96-339 (94 Stat. 1069) further extended the authorization through fiscal year 1983. Sec. 101 of Public Law 9844 (97 Stat. 216) extended the authorization through fiscal year 1986. Sec. 404 of Public Law 99-659 (100 Stat. 3737) extended the authorization through fiscal year 1989. 22 16 U.S.C. 971 note. fish seized if the process has been levied, on receiving from COOPERATION: COMMISSION'S FUNCTIONS NOT RESTRAINED BY TE SEC. 9.20 (a) The United States Commissioners, through the S retary of State and with the concurrence of the agency, institut or organization concerned, may arrange for the cooperation of a cies of the United States Government, and of State and private: stitutions and organizations in carrying out the provisions of art: IV of the Convention. (b) All agencies of the Federal Government are authorized, up the request of the Commission, to cooperate in the conduct of s entific and other programs, and to furnish facilities and persone for the purpose of assisting the Commission in carrying out its c ties under the Convention. If a (c) None of the prohibitions deriving from this Act, or containe in the laws or regulations of any State, shall prevent the Commis sion from conducting or authorizing the conduct of fishing oper ations and biological experiments at any time for purposes of s entific investigation, or shall prevent the Commission from dis charging any other duties prescribed by the Convention. rec sua (d)(1) Except as provided in paragraph (2) of this subsection nothing in this Act shall be construed so as to diminish or to it crease the jurisdiction of any State in the territorial sea of the United States. red (2) In the event a State does not request a formal hearing and after notice by the Secretary, the regulations promulgated pursu ant to this Act to implement recommendations of the Commission shall apply within the boundaries of any State bordering on any Convention area if the Secretary determines that any such State reg (A) has not, within a reasonable period of time after the promulgation of regulations pursuant to this Act, enacted laws or promulgated regulations which implement any such recommendation 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. 20 16 U.S.C. 971g. St ar th ΤΕ a fi State requests the opportunity for an agency hearing on the d, the Secretary shall not apply regulations promulgated purt to this act within that State's boundaries unless the hearing d supports a determination under paragraph (A) or (B). Such lations shall apply until the Secretary determines that the e is effectively enforcing within its boundaries measures which not less restrictive than such regulations. ) To insure that the purposes of subsection (d) are carried out, Secretary shall undertake a continuing review of the laws and lations of all States to which subsection (d) applies or may ly and the extent to which such laws and regulations are ened. APPROPRIATIONS SEC. 10.21 There are authorized to be appropriated to carry out ́s Act, including use for payment of the United States share of : joint expenses of the Commission as provided in article X of the nvention, not more than $2,000,000 for each of the fiscal years 89, 1990, 1991, 1992, and 1993. SEPARABILITY SEC. 11.22 If any provision of this Act or the application of such ovision to any circumstance or persons shall be held invalid, the alidity of the remainder of the Act and the applicability of such rovision to other circumstances or persons shall not be affected ereby. 21 16 U.S.C. 971h. Sec. 208 of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4462) amended and restated sec. 10, extending the authorization of appropriations through fiscal years 1989 through 1993. Previously, Public Law 95-33 (91 Stat. 173) extended the authorization through fiscal year 1980. Sec. 1(2) of Public Law 96-339 (94 Stat. 1069) further extended the authorization through fiscal year 1983. Sec. 101 of Public Law 9844 (97 Stat. 216) extended the authorization through fiscal year 1986. Sec. 404 of Public Law 99-659 (100 Stat. 3737) extended the authorization through fiscal year 1989. 22 16 U.S.C. 971 note. 4. North Pacific Anadromous Stocks Convention Act of 19%. Partial text of Public Law 102-587 [Oceans Act of 1992, H.R. 5617], 106 Sta 5039 at 5098, approved November 4, 1992 AN ACT To provide Congressional approval of a Governing International Fisher Be it enacted by the Senate and House of Representatives of: United States of America in Congress assembled, TITLE VIII-NORTH PACIFIC ANADROMOUS STOCKS SEC. 8001.1 SHORT TITLE. This title may be cited as the "North Pacific Anadromous Stock Convention Act of 1992". SEC. 8002.a PURPOSE. It is the purpose of this title to implement the Convention for th Conservation of Anadromous Stocks in the North Pacific Ocea signed in Moscow, February 11, 1992. SEC. 8003.3 DEFINITIONS. As used in this title, the term (1) "Anadromous stocks" means stocks of species listed in the Annex to the Convention that migrate into the Conventio area. (2) "Anadromous fish" means fish of the species listed in the Annex to the Convention that migrate into the Convention area. (3) "Authorized officer" means a law enforcement official authorized to enforce this title under section 8009(a). (4) "Commission" means the North Pacific Anadromous Fish Commission provided for by article VIII of the Convention. (5) "Convention" means the Convention for the Conservation of Anadromous Stocks of the North Pacific Ocean, signed in Moscow, February 11, 1992. (6) "Convention area" means the waters of the North Pacific Ocean and its adjacent seas, north of 33 degrees North Latitude, beyond two hundred nautical miles from the baselines from which the breadth of the territorial sea is measured. (7) "Directed fishing" means fishing targeted at a particular species or stock of fish. (8) "Ecologically related species" means living marine species which are associated with anadromous stocks found in the 116 U.S.C. 5001 note. See also the North Pacific Anadromous Stocks Act of 1992 (title VIII of Public Law 102-567; 106 Stat. 4309). 216 U.S.C. 5001. 316 U.S.C. 5002. ! Convention area, including, but not restricted to, both predators and prey of anadromous fish. (9) "Enforcement officer" means a law enforcement official authorized by any Party to enforce this title. (10) "Exclusive economic zone" means the zone established by Proclamation Numbered 5030, dated March 10, 1983. For purposes of applying this title, the inner boundary of that zone is a line coterminous with the seaward boundary of each of the coastal States. (11) "Fish" means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life other than marine mammals and birds. (12) "Fishing" means (A) the catching, taking, or harvesting of fish, or any other activity that can reasonably be expected to result in the catching, taking, or harvesting of fish; or (B) any operation at sea in preparation for or in direct support of any activity described in subparagraph (A). (13) "Fishing vessel" means (A) any vessel engaged in catching fish within the Convention area or in processing or transporting fish loaded in the Convention area; (B) any vessel outfitted to engage in any activity described in subparagraph (A); (C) any vessel described in subparagraph (A) or (B). (14) "Incidental taking" means catching, taking, or harvesting a species or stock of fish while conducting directed fishing for another species or stock of fish. (15) "Party" means Canada, Japan, the Russian Federation, the United States, and any other nation that may accede to the Convention. (16) "Secretary" means the Secretary of State. (17) "United States Section" means the United States Commissioners of the Commission. SEC. 8004.4 UNITED STATES COMMISSIONERS. (a) COMMISSIONERS.-The United States shall be represented on the Commission by not more than three United States Commissioners to be appointed by and serve at the pleasure of the President. Each United States Commissioner shall be appointed for a term of office not to exceed 4 years, but is eligible for reappointment. Of the Commissioners (1) one shall be an official of the United States Government; An individual is not eligible for appointment under paragraph (2) or (3) as a Commissioner unless the individual is knowledgeable or experienced concerning the anadromous stocks and ecologically related species of the North Pacific Ocean. (b) ALTERNATE COMMISSIONERS.-The Secretary, in consultation with the Secretary of Commerce, may designate from time to time Alternate United States Commissioners to the Commission. An Alternate United States Commissioner may exercise all designated 416 U.S.C. 5003. |