Imagini ale paginilor
PDF
ePub

(4) to express the sense of the United States Congress that, pending such international agreement or guidelines, no person should physically alter, disturb, or salvage the R.M.S. Titanic in any research or exploratory activities which are conducted.

SEC 3.3 DEFINITIONS.

For the purposes of this Act, the term

(a) "Administrator" means the Administrator of the National Oceanic and Atmospheric Administration (NOAA);

(b) "person" means any individual (whether or not a citizen or national of the United State), any corporation, partnership, association, or other entity (whether or not organized, or existing under the law of any State), and any Federal, State, local, or foreign government or any entity of any such government; (c) "R.M.S. Titanic" means the shipwrecked vessel R.M.S. Titanic, her cargo or other contents, including those items which are scattered on the ocean floor in her vicinity; and

(d) "Secretary" means the Secretary of State.

SEC. 4.1 COMMENDATION.

The Congress of the United States highly commends the members of the joint international expedition which discovered the R.M.S. Titanic.

SEC. 5. INTERNATIONAL GUIDELINES.

(a) The Administrator is directed to enter into consultation with the United Kingdom, France, Canada, and other interested nations to develop international guidelines for research on, exploration of, and if appropriate, salvage of the R.M.S. Titanic, which

(1) are consistent with its national and international scientific, cultural, and historical significance and the purposes of this Act; and

(2) promote the safety of individuals involved in such operations.

(b) In carrying out subsection (a), the Administrator shall consult with the Secretary and shall promote full participation by other interested Federal agencies, academic and research institutions, and members of the public.

SEC. 6. INTERNATIONAL AGREEMENT.

(a) The Secretary is directed to enter into negotiations with the United Kingdom, France, Canada, and other interested nations to develop an international agreement which provides for

(1) the designation of the R.M.S. Titanic as an international maritime memorial; and

(2) research on, exploration of, and if appropriate, salvage of the R.M.S. Titanic consistent with the international guidelines developed pursuant to section 5 and the purposes of this Act. (b) In carrying out the requirements of subsection (a), the Secretary shall consult with the Administrator, who shall provide research and technical assistance to the Secretary.

16 U.S.C. 450rr-1. 416 U.S.C. 450rr-2.

16 US.C. 450TT-3. $188.C. 450TT-4.

(c) The Secretary and the Administrator shall report semiannually to the Committee on Merchant Marine and Fisheries and the Committee on Foreign Affairs in the House of Representatives and to the Committee on Foreign Relations and the Committee on Commerce, Science, and Transportation in the Senate on the progress of the negotiations and consultations.

(d) Upon adoption of an international agreement as described in subsection (a), the Secretary shall provide notification of the agreement and recommendations for legislation to implement the agreement to the Committee on Merchant Marine and Fisheries and the Committee on Foreign Affairs in the House of Representatives and to the Committee on Foreign Relations and the Committee on Commerce, Science, and Transportation in the Senate.

SEC. 7.7 SENSE OF CONGRESS REGARDING CONDUCT OF FUTURE ACTIVITIES.

It is the sense of Congress that research and limited exploration activities concerning the R.M.S. Titanic should continue for the purpose of enhancing public knowledge of its scientific, cultural, and historical significance: Provided, That, pending adoption of the international agreement described in section 6(a) or implementation of the international guidelines described in section 5, no person should conduct any such research or exploration activity which would physically alter, disturb, or salvage the R.M.S. Titanic.

SEC. 8.8 DISCLAIMER OF EXTRATERRITORIAL SOVEREIGNTY.

By enactment of this Act, the United States does not assert sovereignty, or sovereign or exclusive rights or jurisdiction over, or the ownership of, any marine areas or the R.M.S. Titanic.

716 U.S.C. 450rr-5.

16 U.S.C. 450rr-6.

Public Law 99-5 [H.R. 1093], 99 Stat. 7, approved March 15, 1985; amended by Public Law 102-251 [Flower Garden Banks National Marine Sanctuary; H.R. 3866], 106 Stat. 60, approved March 9, 1992

AN ACT To give effect to the Treaty Between the Government of the United States of America and the Government of Canada Concerning Pacific Salmon, signed at Ottawa, January 28, 1985.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the Pacific Salmon Treaty Act of 1985".

SEC. 2.1 DEFINITIONS.

As used in this title, unless the context otherwise requires, the term

(a) "Commission" means the Pacific Salmon Commission established by the Treaty;

(b) "enhancement" means manmade improvements to natural habitats, or the application of artificial fish culture technology, that will lead to the increase of salmon stocks;

(c) "Magnuson Act" means the Act entitled "the Magnuson Fishery Conservation and Management Act," as approved April 13, 1976, and as later amended (16 U.S.C. section 1801 et seq.);

(d) “Panel” means any of the Panels established by the Treaty;

(e) "person" means any individual (whether or not a citizen or national of the United States), any corporation, partnership, association, or other entity (whether or not organized or existing under the laws of any State);

(f) "salmon" means any anadromous species of the family Salmonidae and genus Oncorhynchus, commonly known as Pacific salmon, including but not limited to:

Popular names
Chinook or King Salmon
Coho or Silver Salmon

Pink or Humpback Salmon

Chum or Dog Salmon

Sockeye or Red Salmon

Scientific name
Oncorhynchus tshawytscha
Oncorhynchus kisutch
Oncorhynchus gorbuscha

Oncorhynchus keta

Oncorhynchus nerka

and shall also include Steelhead (Salmo gairdneri);

(g) "Secretary" means the Secretary of Commerce;

(h)2 "Special areas" means the areas referred to as eastern special areas in Article 3(1) of the Agreement between the United States of America and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990; in

116 U.S.C. 3631.

* Sec. 306(a) of Public Law 102-251 (106 Stat. 66) redesignated subsecs. (h) through (j) as subsecs. (i) through (k) and added a new subsec. (h). (208)

[merged small][merged small][ocr errors][merged small][merged small]

SEC. 3.3 UNITED STATES HECHTEN.
(a) COMMISSIONERS.-Lie
the Commission by fur

knowledgeable or experienced cer
pointed by and serve the 1s I
shall be an official of me Inte

a nonvoting member of ne

[ocr errors]

resident of the State if a EL IL
of at least six qualified moma
that State; one shall be a
Washington and shall be apprames
fied individuals nominated by the i
one shall be appointed from

uals nominated by the tray her me
Oregon or Washington. Two of the me
two-year terms; all other accomment
Each Commissioner is ege fra
appointed to fill a vacancy song
term of office shall be apponet ir ze
Unless otherwise agreed, the TENTS
Section shall rotate annual among i
order of rotation determined by cc at the firs
(b) ALTERNATE COMMISSIONERS-The Sement
sultation with the Secretary and the Sentrum
designate an Alternate Commissioner for
the respective lists referred to in section a
an Alternate Commissioner for the Federa
absence of a Commissioner, the Altera
cise all functions of such Commissioner ar
mission or of the United States Section
are eligible for reappointment and may amer
United States Section.

(c) SOUTHERN PANEL.-The United States the southern Panel by six Panel members of

316 U.S.C. 3632.

m

219

le the leg>ect to the Antarctic

c Converg the parees south, ees south, 5 degrees s east; 60

O degrees es south,

rm "Ant

of finfish, ganisms,

nce.

he Comving Revention. he Conving ReI entered 7, 1982. s.-The d activi

g, hunturing of

in sub

xpected ph (A);

aration through

in har

ng into, r introUnited rtation States. 1, partentity

'ommittion of

(1) one shall be an official of the United States Government, with salmon fishery management responsibility and expertise; (2) one shall be an official of the State of Oregon, with salmon fishery management responsibility and expertise;

(3) one shall be an official of the State of Washington, with salmon fishery management responsibility and expertise;

(4) two shall be appointed from a list submitted by the treaty Indian tribes of individuals with salmon fishery management responsibility and expertise; and

(5) one shall be appointed from the commercial or recreational sector who is knowledgeable and experienced in the salmon fisheries for which the southern Panel is responsible. (d) NORTHERN PANEL.-The United States shall be represented on the northern Panel by six Panel members, of whom

(1) one shall be an official of the United States Government, with salmon fishery management responsibility and expertise; (2) one shall be an official of the State of Alaska, with salmon fishery management responsibility and expertise; and

(3) four shall be individuals knowledgeable and experienced in the salmon fisheries for which the northern Panel is responsible.

(e) FRASER RIVER PANEL.-The United States shall be represented on the Fraser River Panel by four Panel members, of whom

(1) one shall be an official of the United States Government, with salmon fishery management responsibility and expertise; (2) one shall be an official of the State of Washington, with salmon fishery management responsibility and expertise;

(3) one shall be appointed from a list submitted by the treaty Indian tribes of individuals with salmon fishery management responsibility and expertise for the fisheries for which the Fraser River Panel is responsible; and

(4) one shall be appointed from the commercial sector of the salmon fishing industry concerned with fisheries for which the Fraser River Panel is responsible.

(f) PANEL APPOINTMENTS.-Panel members described in subsections (c)(2), (c)(3), (d)(2), and (e)(2) shall be appointed by the Governor of the applicable State. Panel members described in subsections (c)(4) and (e)(3) shall be appointed by the Secretary of the Interior from lists of nominations provided by the appropriate treaty Indian tribes. All other Panel members shall be appointed by the Secretary: Provided, That at least one member of the northern Panel shall be a voting member of the North Pacific Fishery Management Council, at least one member of the southern Panel shall be a voting member of the Pacific Fishery Management Council; and the Panel members described in subsections (c)(5), (d)(3), and (e)(4) shall be appointed from lists of nominations provided by the Governors of the applicable States. The appointing authorities listed above may also designate an alternate Panel member, meeting the same qualifications and having the same term of office, to serve in the absence of a Panel member appointed under this subsection. Panel members and alternate Panel members, other than the southern Panel member described in subsection (c)(5), shall serve four-year terms; except that the Secretary of State shall designate

« ÎnapoiContinuă »