sary to establish an effective oilspill management plan, the potential risk of harm to the local environment from such spills, and the need for additional legislative or administrative actions to minimize these risks. CHANGES IN EXISTING LAW In compliance with subsection (4) of rule XXIX of the Standing Rules of the Senate, changes in existing law made by the bill, as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new material is printed in italic, existing law in which no change is proposed is shown in roman); SECTION 30 OF THE FEDERAL BOAT SAFETY ACT OF 1971 (46 U.S.C. 1479) AUTHORIZATION FOR APPROPRIATIONS FOR STATE BOATING SAFETY PROGRAMS SEC. 30. For the purpose of providing financial assistance for State boating safety programs there is authorized to be appropriated $7,500,000 for each of the fiscal years beginning with fiscal year 1972 through 1976; $2,500,000 for the fiscal transition period of July 1, 1976, through September 30, 1976; and $10,000,000 for each of the fiscal years 1977 [and 1978,], 1978, 1979 and 1980, SUBSECTION (b) OF THE FIRST SECTION OF THE ACT OF AUGUST 27, 1935 (RELATING TO LOAD LINES FOR CERTAIN VESSELS) (46 U.S.C. 88 (b)) (b) [All] The requirements of this Act shall not apply to (1) all cannery tender or fishing tender vessels of not more than five hundred gross tons used in the salmon or crab fisheries of the States of Oregon, Washington, and Alaska [except those constructed after the effective date of this subsection or those converted to either of such services after five years from the effective date of this subsection and] which were constructed, or with respect to which construction was begun or contracted for, before January 1, 1980, or which were converted to such use, or with respect to which conversion to such use was begun or contracted for, before January 1, 1980, so long as such conversion was completed before January 1, 1983 (in the case of conversions); or (2) all vessels of not more than five thousand gross tons used in the processing or assembling of fishery products in the fisheries of the States of Oregon, Washington, and Alaska, except those constructed after August 15, 1974, or those converted to any of such services after January 1, 1983 [, are exempt from the requirements of this Act]. SECTION 10 OF THE ACT OF MAY 28, 1908 (RELATING TO SEAGOING BARGES) (46 U.S.C. 395) SEC. 10. (a) The head of the department in which the Coast Guard is operating shall require the Coast Guard to inspect, before the same shall be put into service and at least once in every year thereafter, the hull and equipment of every seagoing barge of one hundred gross tons or over carrying passengers; and to determine to its satisfaction that such barge is of a structure suitable for the service in which she is to be employed, has suitable accommodations for the crew and passengers, and is in a condition to warrant the belief that she may be used in navigation with safety to life. (b) The head of the department in which the Coast Guard is oper ating also shall require the Coast Guard to inspect, before the same shall be put into service and at least once in every two years thereafter, the hull and equipment of every seagoing barge of one hundred gross tons or over, not carrying passengers; and to determine to its satisfaction that such barge is of a structure suitable for the service in which she is to be employed, has suitable accommodations for the crew, if manned, and is in a condition to warrant the belief that she may be used in navigation with safety to life. (c) During the period beginning on January 1, 1977, and ending January 1, 1982, the provisions of subsection (b) shall not apply to vessels of not more than five thousand gross tons used in the processing or assembling of fishery products in the fisheries of the State of Oregon, Washington, and Alaska. [(c) (d) Upon the satisfactory completion of the inspection authorized herein, a certificate of inspection shall be issued in the manner and for the purposes prescribed in sections 4421 and 4423 of the Revised Statutes. о 95TH CONGRESS 2d Session } SENATE { REPORT No. 95-818 AMEND THE CENTRAL, WESTERN, AND SOUTH MAY 12 (legislative day, APRIL 24), 1978.-Ordered to be printed (Filed under authority of the order of the Senate of MAY 11 (legislative day, APRIL 24,) 1978) Mr. CANNON, from the Committee on Commerce, Science, and REPORT [To accompany H.R. 11657] The Committee on Commerce, Science, and Transportation, to which was referred the bill (H.R. 11657) to authorize appropriations to carry out the Central, Western, and South Pacific Fisheries Development Act until the close of fiscal year 1983, and for other purposes, having considered the same, reports favorably thereon with an amendment in the nature of a substitute and an amendment to the title and recommends that the bill as amended do pass. PURPOSE OF THE BILL This legislation has two principal purposes. One is to reauthorize the Central, Western, and South Pacific Fisheries Development Act in order to continue the present programs being carried out under that act. The other purpose is to provide a mechanism for the United States to work closely with the 12 nations in the South Pacific which are in the process of claiming 200 mile fishery zones, and are thereby encompassing more than 7 million square miles of ocean and potentially rich fishing area. This bill would provide for the cooperative development of the tuna and other fishery resources in that vast area. BACKGROUND AND NEEDS In February 1970, the Pacific Islands Development Commission (PIDC) was created for the purpose of assisting in the development of the tuna resources of the Central, Western, and South Pacific Ocean. The Commission, consisting of the chief executives of the Gov ernments of Hawaii, American Samoa, Guam, and the Trust Territory of the Pacific Islands, perceived the need to diversify the economic base of the region by using available natural resources. In February 1972, the Congress enacted the Central, Western, and South Pacific Fisheries Development Act in support of the Commission's efforts. The Secretary of Commerce is authorized under that act to carry out, directly or by contract, a program for the development of the tuna and other latent fisheries resources of the area. The program includes: exploration for, and stock assessment of, tuna and other fish; improvement of harvesting techniques; gear development; biological resource monitoring; and an economic evaluation of the potential for tuna and other fisheries. This program is presently carried out by the Pacific Tuna Development Foundation (PTDF). Although the act became effective in 1972, the tuna program was not initiated by the Department of Commerce until fiscal year 1975. Even when it was initiated, the Department did not request appropriations under the 1972 act but rather obtained funds for the program from the so-called Saltonstall-Kennedy trust fund (15 U.S.C. 713c-3). These Federal funds are being supplemented by contributions from the members of the PIDC and the tuna industry. The current authorization of Public Law 92-444 expires on September 30, 1979. However, because the Saltonstall-Kennedy trust fund is being used to capacity for other purposes, this bill is necessary to continue this worthwhile program. Of critical importance is the current international jurisdictional developments in the South Pacific area. At the present time, the nations of the South Pacific are asserting jurisdiction over fisheries resources out to 200 miles, and are establishing an organization, tentatively entitled the South Pacific Regional Fishery Agency, to oversee the management of the species within this area. The new 200-mile jurisdictional assertion will add an estimated 7 million square miles of exclusive fishery zones to existing territorial waters. The nations involved include Australia, the Cook Islands, Fiji, the Gilbert Islands, Nauru, New Zealand, Niue, Papua, New Guinea, the Solomons, Tonga. Tuvalu, and Western Samoa. The United States and its trust territories are not members of the parent South Pacific forum; however, negotiations are presently underway which will attempt to bring the United States into this regional fishery agency. This bill will demonstrate the interest and commitment of the Congress in developing the fishery resources of the South and Western Pacific area. Should the United States become a member of a South Pacific regional fishery agency, this bill would authorize the Secretary of Commerce, in consultation with representatives of all member nations of the agency, the Secretary of State, and the industry, to develop and carry out a program for research and development of fisheries resources of the region. Such a program would have as its objective not only increasing the capacity to harvest and to understand the species in the area, but also to develop the resources of the area and to facilitate bringing increased economic benefits to all the member nations through increased availability of fishery resources. It is contemplated that the Secretary would work closely with the member na S.R. 818 tions of the agency, as well as the other enumerated parties, in seeking to maximize the benefits which may result from such development efforts. In addition to these economic and developmental benefits, this bill, by expanding the availability of tuna in the Central, Western, and South Pacific, should offer relief to the United States tuna fleet, which is now facing an uncertain future in the eastern Pacific Ocean. A further advantage of the Central, Western, and South Pacific tuna stocks is that the principal species, skipjack, is not associated with porpoise populations, and even the yellowfin do not have the same relationship with porpoises as the yellowfin in the Eastern Pacific. Thus, development of these tuna fisheries will not exacerbate the tuna-porpoise problem, but on the contrary, may offer some relief. The committee held hearings on S. 2878, the Senate bill, and the bill received the unanimous support of the State Department, the Department of Commerce, the tuna industry, and the Pacific Tuna Development Foundation. The committee thus reported H.R. 11657, with an amendment in the nature of a substitute. SUMMARY OF THE BILL Section 7(1) of the bill amends section 2 of the Central, Western, and South Pacific Fisheries Development Act and states that the Secretary of Commerce may carry out the development programs under this act by contracting with the Pacific Tuna Development Foundation or another agency or organization. The PTDF has expended significant sums and effort in the fisheries research programs carried out under this act and has been very successful with such programs; however, the committee also recognized the need for the Secretary to have considerable flexibility in choosing whom to contract with for any given project. Section 1(2) amends section 3 of the act by requiring the Secretary of Commerce, in carrying out the purposes of the act, to consult with the Secretary of State, the Commonwealth of the Northern Mariana Islands, and all appropriate member nations of the South Pacific regional fishery agency in addition to the parties the Secretary is presently required to consult with. The committee intends that the Secretary have discretion in determining which research, development, or other programs under this act would make it appropriate to consult with which nations. The intent of this provision is to insure that all parties, whom the Secretary determines have a legitimate and significant interest in any program carried out under this act, be consulted in the development of the program and prior to the program's implementation. Section 1(3) of the bill establishes a new mechanism authorizing the Secretary of Commerce, in consultation with representatives of all interested member nations of a South Pacific regional fishery agency, and all other parties enumerated in section 3 of the act, to develop and carry out a program for research and development of the fishery resources of the region. This provision is to insure that, if the United States becomes a member of a South Pacific regional fishery agency, then the Secretary can immediately begin a coordinated and S.R. 818 |