Page:United States Statutes at Large Volume 90 Part 1.djvu/410

 90 STAT. 360

Ante, p. 331.

Infra. 22 USC 1973.

22 USC 1972 note. 22 USC 1973 note.

PUBLIC LAW 94-265—APR. 13, 1976 conform such regulations to the provisions of such treaty, in anticipation of the date when such treaty shall come into force and effect for, or otherwise be applicable to, the United States. SEC. 402. REPEALS. (a) The Act of October 14, 1966 (16 U.S.C. 1091-1094), is repealed as of March 1, 1977. (b) The Act of May 20, 1964 (16 U.S.C. 1081-1086), is repealed as of March 1, 1977. SEC. 403. FISHERMEN'S PROTECTIVE ACT AMENDMENTS. (a) AMENDMENTS.—The Act of August 27, 1954 (22 U.S.C. 1972), is amended— (1) by amending section 2 thereof to read as follows: "SEC. 2. If— "(1) any vessel of the United States is seized by a foreign country on the basis of claims in territorial waters or the high seas which are not recognized by the United States; or "(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 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; 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— "(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."; and (2) by amending section 3(a) thereof by inserting immediately before the last sentence thereof the following new sentence: "For purposes of this section, the term 'other direct charge' means any levy, however characterized or computed (including, but not limited to, any computation based on the value of a vessel or the value of fish or other property on board a vessel), which is imposed in addition to any fine, license fee, or registration fee." (b) EFFECTIVE DATE,—The amendment made by subsection (a)(1) shall take effect March 1, 1977. The amendment made by subsection (a)(2) shall apply with respect to seizures of vessels of the United States occurring on or after December 31, 1974. SEC. 404. MARINE MAMMAL PROTECTION ACT AMENDMENT. (a) AMENDMENT.—Section 3(15)(B) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1362(15)(B)) is amended by striking

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