Page:United States Statutes at Large Volume 96 Part 2.djvu/589

 PUBLIC LAW 97-389—DEC. 29, 1982

96 STAT. 1951

Permit, except that the Secretary shall take appropriate steps, including the suspension or modification of the General Permit, if the Secretary determines that the General Permit holder or certificate holders are not adhering to the conditions of the General Permit or to the conditions specified in paragraphs (a)(1)(C) and (a)(2) of this section and publishes such determination and its basis in the Federal Register. "(d) The terms and conditions under which the General Permit is issued may be modified by the Secretary in such manner as the Secretary determines to be consistent with and necessary to carry out the purposes of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) and this Act. "(e) The Secretary shall ensure that any Memorandum of Understanding between the Government of Japan and the Government of the United States of America shall require no less of a commitment to marine mammal research and seabird research than that required by this section and the Memorandum of Understanding in effect on the date of enactment of the Fisheries Amendments Act of 1982. "(f)(1) In order to assure full implementation of the provisions of this section, the Secretary shall include as a condition of such General Permit and any Memorandum of Understanding that the Government of Japan or the permit holder, shall provide— "(A) appropriate funding each year to carry out fully a joint research program on Ball's porpoise and other marine mammals incidentally taken in the Japanese fishery; and "(B) a full report each year on the activities undertaken by the Government of Japan and the General Permit holder relating to marine mammal research and the progress toward the elimination of the incidental taking of marine mammals in the fishery. "(2) If the Secretary finds that such research cannot be successfully conducted because of a lack of adequate funding by the Government of Japan or the General Permit holder the Secretary shall immediately suspend the General Permit until such time as adequate funding is provided.". SEC. 202. The first sentence of section 201(b)(1) of the Act of October 21, 1972 (16 U.S.C. 1401(b)(1)), is amended to read as follows: "Effective September 1, 1982, the Commission shall be composed of three members who shall be appointed by the President, by and with the advice and consent of the Senate.". TITLE III—NORTH ATLANTIC SALMON TREATY SEC. 301. This title may be cited as the "Atlantic Salmon Convention Act of 1982". SEC. 302. As used in this title, the term— (1) "Act of 1976" means the Act entitled "An Act to provide for the conservation and management of the fisheries, and for other purposes", approved April 13, 1976 (16 U.S.C. 1801 et seq.); (2)' Commission means any of the Commissions of the Organization that are established by the Convention; (3) "Commissioner" means a United States Commissioner appointed under section 403 of this title; (4) "Convention" means the Convention for the Conservation of Salmon in the North Atlantic Ocean, signed at Reykjavik, Iceland, on March 2, 1982;

Ante, p. 1949.

Research program funding. Report.

Permit suspension.

Effective date.

Atlantic Salmon Convention Act of 1982. 16 USC 3601 note. Definitions. 16 USC 3601.

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