duties vested in the Commission. Each member shall be reimbursed for travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons in Government service employed intermittently.

(e) The Commission shall have an Executive Director, who shall be appointed (without regard to the provisions of title 5, United States Code, governing appointments in the competitive service) by the Chairman with the approval of the Commission and shall be paid at a rate not in excess of the rate for GS-18 of the General Schedule under section 5332 of title 5, United States Code. The Executive Director Shall have such duties as the Chairman may assign.

DUTIES OF COMMISSION

Sec. 202.35 (a) The Commission shall

(1) undertake a review and study of the activities of the United States pursuant to existing laws and international conventions relating to marine mammals, including, but not limited to, the International Convention for the Regulation of Whaling, the Whaling Convention Act of 1949,36 the Interim Convention on the Conservation of North Pacific Fur Seals, and the Fur Seal Act of 1966; 37

(2) conduct a continuing review of the condition of the stocks of marine mammals of methods for their protection and conservation, or humane means of taking marine mammals, of research programs conducted or proposed to be conducted under the authority of this Act, and of all applications for permits for scientific research, public display, or enhancing the survival or recovery of a species or stock; 38

(3) undertake or cause to be undertaken such other studies as it deems necessary or desirable in connection with its assigned duties as to the protection and conservation of marine mammals;

(4) recommend to the Secretary and to other Federal officials such steps as it deems necessary or desirable for the protection and conservation of marine mammals.

(5) recommend to the Secretary of State appropriate policies regarding existing international arrangements for the protection and conservation of marine mammals, and suggest appropriate international arrangements for the protection and conservation of marine mammals;

(6) recommend to the Secretary such revisions of the endangered species list and threatened species list published pursuant to section 1533(c)(1) of this title as may be appropriate with regard to marine mammals; and

(7) recommend to the Secretary, other appropriate Federal officials, and Congress such additional measures as it deems necessary or desirable to further the policies of this Act, in

35 16 U.S.C. 1402.

36 For text, see page 255.

37 80 Stat. 1091; 16 U.S.C. 1151 note.

38 Sec. 5(e)(4) of Public Law 100-711 (102 Stat. 4771) inserted the words ", public display, or enhancing the survival or recovery of a species or stock".

cluding provisions for the protection of the Indians, Eskimos, and Aleuts whose livelihood may be adversely affected by actions taken pursuant to this Act.

(b) The Commission shall consult with the Secretary at such intervals as it or he may deem desirable, and shall provide each annual report required under section 204, before submission to Congress, to the Secretary for comment.39

(c) The reports and recommendations which the Commission makes shall be matters of public record and shall be available to the public at all reasonable times. All other activities of the Commission shall be matters of public record and available to the public in accordance with the provisions of section 552 of title 5, United States Code.

(d) Any recommendations made by the Commission to the Secretary and other Federal officials shall be responded to by those individuals within one hundred and twenty days after receipt thereof. Any recommendations which are not followed or adopted shall be referred to the Commission together with a detailed explanation of the reasons why those recommendations were not followed or adopted.

*

COMMISSION REPORTS

Sec. 204.40 The Commission shall transmit to Congress, by January 31 of each year, a report which shall include

(1) a description of the activities and accomplishments of the Commission during the immediately preceding year; and

(2) all the findings and recommendations made by and to the Commission pursuant to section 202 of this Act together with the responses made to these recommendations.

Sec. 207.42 There are authorized to be appropriated for the fiscal year in which this title is enacted 43 and for the next five fiscal years thereafter such sums as may be necessary to carry out this title, but the sums appropriated for any fiscal year other than the fiscal year ending September 30, 1978, shall not exceed $1,000,000, the sum appropriated for the fiscal year ending September 30, 1978, shall not exceed $2,000,000, the sum appropriated for the fiscal year ending September 30, 1979, shall not exceed $1,000,000, the sum appropriated for the fiscal year ending September 30, 1980, shall not exceed $1,000,000, and the sum appropriated for the fiscal year ending September 30, 1981, shall not exceed $1,000,000.44

39 The reference to the report required under sec. 204 was inserted in lieu of a general reference to reports and recommendations of the Commission by sec. 6(1) of Public Law 97-58 (95 Stat. 987).

40 16 U.S.C. 1404.

41 See boxnote, next page, for current authorizations for carrying out the purposes of this Act. 42 Sec. 207 was amended and restated by sec. 3 of Public Law 95-136 (91 Stat. 1167).

43 Fiscal year 1978.

44 References to the specific amounts to be appropriated in fiscal years 1979, 1980, and 1981 were added by sec. 4 of Public Law 95-316 (92 Stat. 381).

NOTE.-Sec. 7 of Public Law 97-58 (95 Stat. 987) (16 U.S.C. 1384 and 1407), as amended, provides the following authorizations for carrying out the functions of this Act: "SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

"(a) DEPARTMENT OF COMMERCE.-There are authorized to be appropriated to the Department of Commerce, for purposes of carrying out such functions and responsibilities as it may have been given under title I (other than section 104(h)(3)) of the Marine Mammal Protection Act of 1972, $7,223,000 for fiscal year 1982, $8,000,000 for fiscal year 1983, and $8,800,000 for each of fiscal years 1984, 1985, 1986, 1987, and 1988. There are authorized to be appropriated to the Department of Commerce, for purposes of carrying out such functions and responsibilities as it may have been given under such title (other than section 114(e)(8)), $12,250,000 for fiscal year 1989, $12,740,000 for fiscal year 1990, $13,250,000, for fiscal year 1991, $13,780,000 for fiscal year 1992, and $14,331,000 for fiscal year 1993.

"(b) DEPARTMENT OF THE INTERIOR.-There are authorized to be appropriated to the Department of the Interior, for purposes of carrying out such functions and responsibilities as it may have been given under such title I, $1,600,000 for fiscal year 1982, $1,760,000 for fiscal year 1983, $2,000,000 for fiscal year 1984, $2,500,000 for fiscal year 1985, $3,000,000 for each of fiscal years 1986, 1987, 1988, and 1989, $3,120,000 for fiscal year 1990, $3,240,000, for fiscal year 1991, $3,370,000 for fiscal year 1992, and $3,500,000 for fiscal year 1993.

"(c) MARINE MAMMAL COMMISSION.-There are authorized to be appropriated to the Marine Mammal Commission, for purposes of carrying out title II of such Act of 1972, $672,000 for fiscal year 1982, $1,000,000 for fiscal year 1983, $1,100,000 for each of fiscal years 1984, 1985, 1986, 1987, 1988, and 1989, $1,140,000 for fiscal year 1990, $1,190,000, for fiscal year 1991, $1,230,000 for fiscal year 1992, and $1,280,000 for fiscal year 1993.".

16. Fishermen's Protective Act of 1967, as amended 1

Public Law 83-680 [H.R. 9584], 68 Stat. 883, approved August 27, 1954; as amended by Public Law 90-482 [S. 2261], 82 Stat. 729, approved August 12, 1968; Public Law 92-219 [H.R. 3304], 85 Stat. 286, approved December 23, 1971; Public Law 92-569 [H.R. 7117], 86 Stat. 182, approved October 26, 1972; Public Law 92-594 [S. 3545], 86 Stat. 1313, approved October 27, 1972; Public Law 94-265 [Fishery Conservation and Management Act of 1976; H.R. 200], 90 Stat. 331 at 360, approved April 13, 1976; Public Law 94-273 [Fiscal Year Adjustment Act; S. 2445], 90 Stat. 375 at 377, approved April 21, 1976; Public Law 95-194 [S. 1184], 91 Stat. 1413, approved November 18, 1977; Public Law 95-376 [H.R. 10878], 92 Stat. 714, approved September 18, 1978; Public Law 95-541 [Antarctic Conservation Act of 1978; H.R. 7749], 92 Stat. 2048, approved October 28, 1978; Public Law 96-61 [S. 917], 96 Stat. 407, approved August 15, 1979; Public Law 96–289 [H.R. 6614], 94 Stat. 605, approved June 28, 1980; Public Law 96-561 [American Fisheries Promotion Act; S. 2163], 94 Stat. 3275 at 3301, approved December 22, 1980; Public Law 97-68 [S. 1191], 95 Stat. 1040, approved October 26, 1981; Public Law 98-364 [H.R. 4997], 98 Stat. 440 at 444, approved July 17, 1984; Public Law 99-659 [S. 991], 100 Stat. 3706; approved November 14, 1986; Public Law 100-151 [H.R. 28931, 101 Stat. 884, approved November 3, 1987; Public Law 100-350 [H.R. 4621], 102 Stat. 660, approved June 27, 1988; Public Law 100-711 [Mammal Protection Act Amendments of 1988; H.R. 4189], 102 Stat. 4755 at 4772, approved November 23, 1988; and by Public Law 101-627 [Fishery Conservation Amendments of 1990; H.R. 2061], 104 Stat. 4436, approved November 28, 1990

AN ACT To protect the rights of vessels of the United States on the high seas and in territorial waters of foreign countries.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the purposes of this Act 2 the term "vessel of the United States" shall mean any private vessel documented or certificated under the laws of the United States. Notwithstanding any other law, the documentation or certification of any such vessel shall not be considered to be affected, for the purposes of this Act, in any manner or to any extent if at any time during any voyage for the purpose of fishing beyond the fishery conservation zone 3 (as defined in section 3(8) of the Magnuson Fishery Conservation and Management Act of 1976 (16 U.S.C. 1802(8)), the vessel is commanded by other than a citizen of the United States.*

Sec. 2.5 If

1 Public Law 90-482 provided that this Act may be cited as the "Fisherman's Protective Act of 1967".

2 22 U.S.C. 1971.

3 The term "fishery conservation zone" originally was defined in sec. 3(8) of the Magnuson Fishery Conservation and Management Act of 1976. Public Law 99-659 struck out par. 8, changed any reference to "fishery conservation zone" in that Act to be a reference to "exclusive economic zone", and provided a definition of "exclusive economic zone" in par. 6, which reads as follows:

"(6) The term 'exclusive economic zone' means the zone established by Proclamation Numbered 5030, dated March 10, 1983. For purposes of applying this Act, the inner boundary of that zone is a line coterminous with the seaward boundary of each of the coastal States.".

4 This sentence was added by sec. 14 of Public Law 95-541 (92 Stat. 2057).

522 U.S.C. 1972. Sec. 403(a) of the Magnuson Fishery Conservation and Management Act of 1976 (Public Law 94-265; 90 Stat. 360) amended and restated sec. 2. The amendments made by Sec. 403 became effective on Mar. 1, 1977. Sec. 2 formerly read as follows:

Continued

6

(1) any vessel of the United States is seized by a foreign country on the basis of claims to jurisdiction that are not recognized by the United States, or on the basis of claims to jurisdiction recognized by the United States but exercised in a manner inconsistent with international law as recognized by the United States;

(2) any general claim of any foreign country to exclusive fishery management authority is recognized by the United States, and any vessel of the United States is seized by such foreign country on the basis of conditions and restrictions under such claim, if such conditions and restrictions—

(A) are unrelated to fishery conservation and management,

(B) fail to consider and take into account traditional fishing practices of vessels of the United States,

(C) are greater or more onerous than the conditions and restrictions which the United States applies to foreign fishing vessels subject to the exclusive fishery management authority of the United States (as established in title I of the Magnuson Fishery Conservation and Management Act of 1976), or

(D) fail to allow fishing vessels of the United States equitable access to fish subject to such country's exclusive fishery management authority;

the Secretary of State, unless there is clear and convincing credible evidence that the seizure did not meet the requirements under paragraph (1) or (2), as the case may be, shall immediately take such steps as are necessary-7

(i) for the protection of such vessel and for the health and welfare of its crew;

(ii) to secure the release of such vessel and its crew; and (iii) to determine the amount of any fine, license fee, registration fee, or other direct charge reimbursable under section 3(a) of this Act.

Sec. 3.8 (a) In any case where a vessel of the United States is seized by a foreign country under the conditions of section 2 and a

"Sec. 2. In any case where

"(a) a vessel of the United States is seized by a foreign country on the basis of rights or claims in territorial waters or the high seas which are not recognized by the United States; and

"(b) there is no dispute of material facts with respect to the location or activity of such vessel at the time of such seizure, the Secretary of State shall as soon as practicable take such action as he deems appropriate to attend to the welfare of such vessel and its crew while it is held by such country to secure the release of such vessel and crew, and to immediately ascertain the amount of any fine, fee, or other direct charge which may be reimbursable under section 3(a).". 6 Sec. 303(a)(1) of Public Law 98-364 (98 Stat. 444) amended and restated par. (1). It previously read as follows:

"(1) any vessel of the United States is seized by a foreign country on the basis of claims by territorial waters or the high seas which are not recognized by the United States; or".

Sec. 303(c) of Public law 98-364 further stated that this amendment would apply with respect to seizures made after April 1, 1983, by foreign countries of vessels of the United States.

7 Sec. 303(a)2) of Public Law 98-364 (98 Stat. 444) substituted the text to this point after subpar. (D) in lieu of the following: "and there is no dispute as to the material facts with respect to the location or activity of such vessel at the time of such seizure, the Secretary of State shall immediately take such steps as are necessary-".

Sec. 303(c) of Public Law 98-364 further stated that this amendment would apply with respect to seizures made after April 1, 1983, by foreign countries of vessels of the United States.

822 U.S.C. 1973. Public Law 90-482 amended sec. 3 by adding the words "license fee, registration fee, or any other direct charge." Public Law 92-569 redesignated sec. 3 as sec. 3(a), added the last sentence, and added a new subsec. (b).