message to Congress from the President of the United States dated February 21, 1977;

(8)4 the Government of Japan Concerning Fisheries Off the Coasts of the United States (for 1977), as contained in the message to Congress from the President of the United States dated February 21, 1977;

(9)4,6 the Government of the Republic of Korea Concerning Fisheries Off the Coasts of the United States, as contained in the message to Congress from the President of the United States dated February 21, 1977;

(10) 4,6 the Government of Spain Concerning Fisheries Off the Coasts of the United States, as contained in the message to Congress from the President of the United States dated February 21, 1977; and

(11)7 the Government of Mexico Concerning Fisheries Off the Coasts of the United States, as contained in the message to Congress from the President of the United States dated October 7, 1977;

is hereby approved by the Congress as a governing international fishery agreement for purposes of the Magnuson Fishery Conservation and Management Act of 1976. Each such agreement referred to in paragraphs (1) through (6) shall enter into force and effect with respect to the United States on the date of the enactment of this joint resolution, and each such agreement referred to in paragraphs (7) through (11) shall enter into force and effect with respect to the United States on February 27, 1977.8

(b) 3 Notwithstanding such section 203

(1) the governing international fishery agreement referred to the subsection (a)(5), as extended until July 1, 1983 pursuant to the Diplomatic Notes referred to in the message to the Congress from the President of the United States dated May 11, 1982, is hereby approved by the Congress as a governing international fishery agreement for the purposes of such Act of 1976;

(2) the governing international fishery agreement between the American Institute in Taiwan and the Coordination Council for North American Affairs, as contained in the message to the House of Representatives and the Senate from the Secretary of State dated June 15, 1982, is hereby approved by the

effect with respect to the United States, for the period of time ending on the earlier of (1) the effective date of the new governing international fishery agreement, or (2) September 30, 1984.". Sec. 10(b) of Public Law 97-212 (96 Stat. 148) included the following:

"(b) Notwithstanding any provision of the Act entitled 'An Act for the conservation and management of the fisheries, and for other purposes', dated April 13, 1976 (16 U.S.C. 1810 et seq.), the governing international fishery agreements referred to in section 2(a) (9) and (10) of the Fishery Conservation Zone Transition Act shall be extended, and shall be in force and effect with respect to the United States, for the period of time ending on

"(1) the deadline for completion of Congressional review, pursuant to section 203(a) of such 1976 Act, of any new governing international fishery agreement signed, on or before July 31, 1982, by the United States and the respective foreign government that is a party to the agree ment in question; or

"(2) July 31, 1982, if the United States and the respective foreign government that is a party to the agreement in question fail to sign a new governing international fishery agreement on or before that date.".

7 Par. (11) was added by sec. 1 of Public Law 95-219 (91 Stat. 1613).

This sentence was amended and restated by Public Law 95-8 in order to reflect the additions of pars. (7) through (10); further amended by Public Law 95-219 to reflect the addition of par.

Congress as a governing international fishery agreement for the purposes of the Act of 1976; and

(3) the governing international fishery agreement referred to in subsection (a)(6), as extended until July 1, 1983 pursuant to the Diplomatic Notes referred to in the message to the Congress from the President of the United States dated June 21, 1982, is hereby approved by the Congress as a governing international fishery agreement for the purposes of such Act of 1976. Each such governing international fishery agreement shall enter into force and effect with respect to the United States on July 1, 1982.

(c) 9 Notwithstanding such section 203

(1) the governing international fishery agreement referred to in subsection (a)(5), as extended until December 31, 1985,10 pursuant to the Diplomatic Notes referred to in the message to the Congress from the President of the United States dated May 8, 1984,10 is hereby approved by the Congress as a governing international fishery agreement for the purposes of such Act of 1976;

(2) the governing international fishery agreement referred to in subsection (a)(6), as extended until December 31, 1985,10 pursuant to the Diplomatic Notes referred to in the message to the Congress from the President of the United States dated May 8, 1984,10 is hereby approved by the Congress as a governing international fishery agreement for the purposes of such Act of 1976; and

(3) the governing international fishery agreement referred to in subsection (a)(4), as contained in the message to the House of Representatives and the Senate from the President of the United States dated May 3, 1983, is hereby approved by the Congress as a governing international fishery agreement for the purposes of such Act of 1976.

The government international fishery agreements referred to in paragraphs (1) and (2) shall enter into force and effect with respect to the United States on July 1, 1984; and the governing international fishery agreement referred to in paragraph (3) 11 shall enter into force and effect with respect to the United States on July 1, 1983.

SEC. 4. REPEAL OF NORTHWEST ATLANTIC FISHERIES ACT OF 1950. The Northwest Atlantic Fisheries Act of 1950 (16 U.S.C. 981991) is repealed as of March 1, 1977.

Sec. 105 of Public Law 98-44 (97 Stat. 217) added subsec. (c).

10 Sec. 105 of Public Law 98-364 (98 Stat. 442) amended subsec. (cX1) and (c)(2) by substituting December 31, 1985 and May 8, 1984 in lieu of July 1, 1984 and May 3, 1983, respectively. 11 Sec. 105 of Public Law 98-364 (98 Stat. 442) added the words to this point in this sentence in lieu of the words "Each such governing international fishery agreement".

SEC. 5.12 RECIPROCAL FISHERIES AGREEMENT BETWEEN THE UNITEE STATES AND CANADA.

(a) 13 CONGRESSIONAL APPROVAL.-The Congress hereby approves the Reciprocal Fisheries Agreement for 1978 between the Gover ment of the United States and the Government of Canada (herein after in this section referred to as the "Agreement") as contained in the message to Congress from the President of the United States dated May 1, 1978. The Agreement shall be in force and effect with respect to the United States from January 1, 1978, until such later date in 1978 as may be determined pursuant to the terms of the Agreement.

(b) APPLICATION.-During the period when the Agreement is ir force and effect with respect to the United States

(1) vessels and nationals of Canada may fish within the fishery conservation zone, or for anadromous species and Con- ! tinental Shelf fishery resources beyond such zone, but only pursuant to, and in accordance with, the provisions of the Agreement; and

(2) title II of the Magnuson Fishery Conservation and Management Act of 1976 (relating to foreign fishing and international fishery agreements) and section 307 of such Act of 1976 (relating to prohibited acts) shall not apply with respect to fishing within the fishery conservation zone, or for anadromous species and Continental Shelf fishery resources beyond such zone, by vessels and nationals of Canada which is pursu ant to, and in accordance with, the provisions of the Agree

ment.

(c) FISHING STATISTICS.-(1) Any person who

(A) owns or operates any fishing vessel which

or

(i) is a vessel of the United States, and

(ii) engages in fishing to which the Agreement applies;

(B) directly or indirectly receives, or may receive, fish to which the Agreement applies in the course of a commercial activity in quantities determined by the Secretary to be sufficient to assist in the carrying out of this paragraph,

shall submit to the Secretary such statistics (including, but not lim ited to, catch data) regarding such fishing or such receipt of fish as are necessary to fulfill the obligations of the United States under article XIII of the Agreement. The Secretary, after consultation with the Secretary of State, shall issue such regulations as are necessary and appropriate to carry out the purposes of this paragraph. Section 303(d) of the Magnuson Fishery Conservation and Management Act of 1976 (relating to the confidentiality of statistics) shall apply with respect to all statistics submitted under this paragraph.

(2) Any violation of paragraph (1), or of any regulation issued pursuant to paragraph (1), by any person shall be deemed to be an act prohibited by section 307 of the Magnuson Fishery Conservation and Management Act of 1976. Any person who commits any

12 16 U.S.C. 1823 note. Sec. 5 was added by Public Law 95-73 (91 Stat. 283).

13 Subsec. (a) was amended and restated by Public Law 95-314 (92 Stat. 376). Former subsec. (a) concerned congressional approval for a 1977 Reciprocal Fisheries Agreement between the United States and Canada.

such violation shall be liable to the United States for a civil penalty as provided for in section 308 of such Act of 1976. Sections 309 (relating to criminal offenses) and 310 (relating to civil forfeiture) of such Act of 1976 shall not apply with respect to any such violation. (d) DEFINITIONS.-As used in this section, the terms "anadromous species", "Continental Shelf fishery resources", "fishing conservation zone",14 "fishing", "fishing vessel", "Secretary", and "vessel of the United States" shall have the same respective meanings as are given to such terms in section 3 of the Magnuson Fishery Conservation and Management Act of 1976.

14 The term "fishery conservation zone”, as used in the Magnuson Fishery Conservation and

Management Act, was replaced with the term “exclusive economic zone”, by sec. 101(c)2) of Public Law 99-659 (100 Stat. 3707).

d. Deep Seabed Hard Mineral Resources Act

Public Law 96–283 (H.R. 2759], 94 Stat. 553, approved June 28, 1980; as amended by Public Law 97-416 [H.R. 6120], 96 Stat. 2084, approved January 4, 1983; Public Law 98–623 (H.R. 6342], 98 Stat. 3394 at 3408, approved November 8, 1984; Public Law 99–507 (H.R. 4212], 100 Stat. 1847, approved October 21, 1986; and Public Law 101-178 [H.R. 2120], 103 Stat. 1297, approved November 28, 1989

AN ACT To establish an interim procedure for the orderly development of hard mineral resources in the deep seabed, pending adoption of an international regime relating thereto, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1.1 SHORT TITLE.

This Act may be cited as the "Deep Seabed Hard Mineral Resources Act".

SEC. 2.2 FINDINGS AND PURPOSES.

(a) FINDINGS.-The Congress finds that—

(1) the United States' requirements for hard minerals to satisfy national industrial needs will continue to expand and the demand for such minerals will increasingly exceed the available domestic sources of supply;

(2) in the case of certain hard minerals, the United States is dependent upon foreign sources of supply and the acquisition of such minerals from foreign sources is a significant factor in the national balance-of-payments position;

(3) the present and future national interest of the United States requires the availability of hard mineral resources which is independent of the export policies of foreign nations;

(4) there is an alternate source of supply, which is significant in relation to national needs, of certain hard minerals, including nickel, copper, cobalt, and manganese, contained in the nodules existing in great abundance on the deep seabed;

(5) the nations of the world, including the United States, will benefit if the hard mineral resources of the deep seabed beyond limits of national jurisdiction can be developed and made available for their use;

(6) in particular, future access to the nickel, copper, cobalt, and manganese resources of the deep seabed will be important to the industrial needs of the nations of the world, both developed and developing;

(7) on December 17, 1970, the United States supported (by affirmative vote) the United Nations General Assembly Resolution 2749 (XXV) declaring inter alia the principle that the mineral resources of the deep seabed are the common heritage of

130 U.S.C. 1401 note.

230 U.S.C. 1401.