Page:United States Statutes at Large Volume 98 Part 1.djvu/488

 98 STAT. 440

PUBLIC LAW 98-364—JULY 17, 1984 Public Law 98-364 98th Congress

An Act July 17, 1984 [H.R. 4997]

To authorize appropriations to carry out the Marine Mammal Protection Act of 1972, for fiscal years 1985 through 1988, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I Fish and fishing.

Tuna.

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SEC. 101. The last sentence of section 101(a)(2) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371(a)(2)) is amended to read as follows: "For purposes of applying the preceding sentence, the Secretary— "(A) shall insist on reasonable proof from the government of any nation from which fish or fish products will be exported to the United States of the effects on ocean mammak of the commercial fishing technology in use for such fish or fish products exported from such nation to the United States; and "(B) in the case of yellowfin tuna harvested with purse seines in the eastern tropical Pacific Ocean, and products therefrom, to be exported to the United States, shall require that the government of the exporting nation provide documentary evidence that— "(i) the government of the harvesting nation has adopted a regulatory program governing the incidental taking of marine mammals in the course of such harvesting that is comparable to that of the United States; and "(ii) the average rate of that incidental taking by the vessels of the harvesting nation is comparable to the average rate of incidental taking of marine mammals by United States vessels in the course of such harvesting.". SEC. 102. Section 104(h) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1374(h)) is amended— (1) by inserting "(1)" after "(h)"; and (2) by adding at the end thereof the following paragraphs: "(2)(A) Subject to subparagraph (B), the general permit issued under paragraph (1) on Etecember 1, 1980 to the American Tunaboat Association is extended to authorize and govern the taking of marine mammals incidental to commercial purse seine fishing for yellowfin tuna during each year after December 31, 1984. "(B) The extension granted under subparagraph (A) is subject to the following conditions: "(i) The extension shall cease to have force and effect at the time the general permit is surrendered or terminated. "(ii) The permittee and certificate holders shall use the best marine mammal safety techniques and equipment that are economically and technologically practicable. "(iii) During the period of the extension, the terms and conditions of the general permit that are in effect on the date of the enactment of this paragraph shall apply, except that—

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