76 STAT.]
PUBLIC LAW 87-814-OCT. 15, 1%2
923
P u b l i c Law 87-814 AN ACT To amend the Act of September 7, WSO, to extend the regulatory authority of the Federal and State agencies concerned under the terms of the Convention for the Establishment of an Inter-American Tropical Tuna Commission, signed at Washington May 31, 1949, and for other purposes.
October 15, 1962 [S. 2568]
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2 of the Tuna Conveni o n s Act of Act entitled "Tuna Conventions Act of 1950" (16 U.S.C. 951) is tamendment. 1950, amended by repealing subsection (e) in its entirety and substituting 64 Stat. 777. therefor a new subsection (e) as follows: "(e) 'United States' shall include all areas under the sovereignty " United States. " of the United States, the Trust Territory of the Pacific Islands, and the Canal Zone." SEC. 2. Section 6 of the Act entitled "Tuna Conventions Act of 1950" (16 U.S.C. 955) is amended by striking out the phrase "head of the enforcement agency" where it appears once each in subsections (a) and (b) and inserting in lieu thereof in both places the term "Secretary of the Interior," and by adding a new subsection (c) immediately following subsection (b), as follows: "(c) Regulations required to carry out recommendations of the R e g u l a t i o n s. commission made pursuant to paragraph 5 of article II of the Convention for the Establishment of an Inter-American Tropical Tuna Commission shall b3 promulgated as hereinafter provided by the Sec- 1 UST 230. retary of the Interior upon approval of such recommendations by the Secretary of State and the Secretary of the Interior. The Secretary P u b l i c a t i o n in of the Interior shall cause to be published in the Federal Register a. R. general notice of proposed rulemaking and shall afford interested persons an opportunity to participate in the rulemaking through (1) submission of written data, views, or arguments, and (2) oral presentation at a public hearing. Such regulations shall be published in the Federal Register and shall be accompanied by a statement of the considerations involved in the issuance of the regulations. After Applicability. publication in the Federal Register such regulations shall be applicable to all vessels and persons subject to the jurisdiction of the United States on such date as the Secretary of the Interior shall prescribe, but in no event prior to an agreed date for the application by all countries whose vessels engage in fishing for species covered by the convention in the regulatory area on a meaningful scale in terms of effect upon the success of the conservation program, oi effective measures for the implementation of the commission's recommendations applicable to all vessels and persons subject to their respective jurisdictions. The Secretary of the Interior shall suspend at any time the application of any such regulations when, after consultation with the Secretary of State and the United States Commissioners, he determines that foreign fishing operations in the regulatory area are such as to constitute a serious threat to the achievement of the objectives of the commission's recommendations. The regulations thus promulgated may include the selection for regulation of one or more of the species covered by the convention; the division of the convention waters into areas; the establishment of one or more open or closed seasons as to each area; the limitation of the size of the fish and quantity of the catch which may be taken from each area within any season during which fishing is allowed; the limitation or prohibition of the incidental catch of a regulated species which may be retained, taken, possessed, or landed by vessels or persons fishing for other species of fish; the requiring of such clearance certificates for vessels as may be necessary to carry out the purposes of the convention and this Act; and such other measures incidental thereto as the Secretary of the Interior may
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