65S.7: (\u t UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Washington. DC. 20230 OFFICE OF THE ADMINISTRATOR September, 1982 LIST OF LEGISLATIVE AUTHORITIES FOR N0A/N3 This is a digest of the statutory authorities of the National Oceanic and Atmospheric Administration (NOAA), of the Department of Commerce. Each Office is indexed separately; however, the numbering system runs consecutively. The order is (1) Office of the Administrator (2) Assistant Administrator, Fisheries (National Marine Fisheries Service); (3) Assistant Administrator, 'Coastal Zone Management; (4) Assistant Administrator, Research and Development; (5) Assistant Administrator, Oceanic and Atmospheric Services (Environmental Data and Information Service, National Ocean Survey, and the National Weather Service); and (6) Assistant Administrator, National Earth Satellite Service. This document is intended for use as a general information source It should not be used for legal reference. Any legal interpre- tation should be drawn directly from the statutes involved. Prepared by: Kip Robinson and Beverly B. Carter Office of Congressional Affairs, NOAA Support Staff: Wanda L. Holmes Office of Congressional Affairs, NOAA ^»»o^_ Digitized by the Internet Archive in 2012 with funding from LYRASIS Members and Sloan Foundation http://www.archive.org/details/listoflegislativOOunit TABLE OF CONTENTS Office of the Administrator National Climate Program Page National Climate Program Act 1 National Marine Pollution Program National Ocean Pollution Planning Act 2 Office of Minerals and Energy Deep Seabed Hard Mineral Resources Act 3 Ocean Thermal Energy Conversion Act of 1980 4 National Advisory Committee on Oceans and Atmosphere National Advisory Committee on Oceans and Atmosphere Act 6 NOAA Corps Preface 7 List of Authorities Categorized by U.S.C. Titles Title 5 9 Title 10 Title 22 Title 33 Title 37 Title 42 Title 50 i eCOS ''^Co By National Marine Fisheries Service Page Preface ■> 14 Acquisition and Disposal of Surplus Fishery Products ... 17 Agricultural Marketing Act 18 Agriculture Trade Development and Assistance Act of 1954 (P.L. 480) 19 Alaska National Interest Lands Conservation Act 20 American Fisheries Promotion Act 22 Anadromous Fish Conservation Act 23 Antarctic Conservation Act 25 Aquaculture Development Act 26 Artificial Reefs - Liberty Ships 28 Atlantic Coast Fish Study 29 Atlantic Coast Shad Study 30 Atlantic States Marine Fisheries Commission 31 Atlantic Tunas Convention Act (I.C.C.A.T.) 32 Channel Islands National Park 34 Capital Construction Fund - Fishing Vessels 35 Central, Western, and South Pacific Fisheries • Development Act Coastal Zone Management Act Amendments of 1976 37 (Shellfish Study) . 38 Coast Guard, Detail of Personnel from 39 Columbia River Basin Fishery Development (Mitchell Act) . . 40 Commercial Fisheries Research and Development Act of 1964 (P.L. 88-309) 41 Commutation of Rations - Vessel Crews 42 Consolidated Farm and Rural Development Act Amendments . . 43 Cooperative Associations - Fisheries 44 Cooperative Research Units . 45 Crown of Thorns Starfish 46 Defense Production Act of 1950 47 Duties (Fish nets & netting) 48 Education-Fishery 49 Endangered Species Act 50 Estuaries and their Natural Resources • 53 Exchange of Equipment as Part Payment for other Equipment . 54 Farm Credit System Amendment 55 Farrington Act (so-called) 56 Federal Aid in Fish Restoration Act (Di ngel 1 -Johnson ) .... 57 Federal Crop Insurance Act Amendments 58 Federal Power Act 59 Federal Ship Financing Act of 1972 (mortgage insurance and loan guarantees) v 60 1 1 Fish and Wildlife Act of 1956 62 Fish and Wildlife Coordination Act 65 Fisheries Construction and Maintenance 66 Fishermen's Protective Act of 1967 (includes Pel ly Amendment and vessel and gear damage compensation) .... 67 Fishery Attache Program 70 Fishery Market News Service 71 Fishery Research and Experimentation - Reservoirs and Flooded Rice Lands 72 Fishing Fleet Improvement Act (subsidy) 73 Food Fishes & Investi gati ons--Propagat i on (Office of Comissioner of Fish and Fisheries) 74 Fur Seal Act of 1966 75 Grants (Research) to Universities 76 Gulf States Marine Fisheries Commission 7 7 Jellyfish - Control or Elimination 78 Lacey Act 79 Magnuson Fishery Conservation and Management Act of 1976 (MFCMA) 80 Marine Mammal Protection Act of 1972 84 Migratory Game Fish Study Act . 86 Milford Shel 1 f i sheries Research Center 87 Mussels - Propagation 88 North Pacific Fisheries Act of 1954 89 Northern Pacific Halibut Act . 90 Northwest Atlantic Fisheries Act of 1950 91 Offshore Shrimp Fisheries Act . 92 Outer Continental Shelf Lands Act Amendments -- Fishermen's Contingency Fund 93 Oysters - Propagation of Disease - Resistant Strains . . . . 94 Pacific Northwest Electric Power Planning and Conservation Act 95 Pacific Northwest Salmon and Steelhead Enhancement 96 Pacific States Marine Fishery Commission 97 Pollution from Ships (MARPOL) - Fisheries Loan Fund 98 Saltonstall-Kennedy (S/K) Act (so-called) 99 Sockeye Salmon or Pink Salmon Fishing Act of 1947 100 Sponge Act 101 Tuna Conventions Act of 1950 (I.A.T.T.C.) 102 Whale Conservation and Protection Study Act 103 Whaling Convention Act of 1949 104 1 1 1 Office of Coastal Zone Management Coastal Zone Management Act Marine Protection, Research, and Sanctuaries Act (Title III) Outer Continental Shelf Lands Act of 1978 . Pajje 105 107 109 iv Office of Research and Development Page Chesapeake Bay Research and Development Act Ill Comprehensive Environmental Response, 112 Compensation and Liability Act of 1980 Marine Protection, Research, and 113 Sanctuaries Act (Titles I and II) National Sea Grant College and Program Act 115 Radioactive Waste Policy Act (low-level) 116 Solid Waste Disposal 117 Syn-Fuels (Acid Rain) 118 Weather Modification Reporting 119 Wind Energy Systems Act of 1980 120 Office of Oceanic and Atmospheric Services Environmental Data and Information Service Deepwater Port Act of 1974 pa 9 e 121 vi Office of Oceanic and Atmospheric Services National Ocean Survey Preface List of authorities categorized by U.S.C. Titles Title 15 Title 20 Title 31 Title 33 Title 44 Title 50 Page 122 127 vii Office of Oceanic and Atmospheric Services National Weather Service Preface Page 1 29 Airport property and airway property in foreign territories; Authority of the Secretary of Commerce to acquire, establish, and construct .... 130 Cooperation between the Department of Commerce and the Department of Transportation (Coast Guard) concerning weather reporting 131 Cooperative Agreements 132 False Weather Reports 133 Federal Aviation Act -- Duties of the Secretary of Commerce concerning air navigation 134 Federal Property and Administrative Services Act .... 135 Flood Control Act of 1938 and 1954 136 Meteorological Service 137 "Organic Act" of the National Weather Service 138 Study of Thunderstorms and Atmospheric Disturbances; Reports; Expenditures; Cooperation of Other Departments 139 U.S. Naval Oceanographi c Office; pilot charts 140 VI 1 i National Earth Satellite Service Preface Pa^e 141 1x Reorganization Plans Page Plan No. 3 of 1950 Plan No. 5 of 1950 Plan No. 4 of 1970 142 143 144 Office of the Administrator National Climate Program Act 15 U.S.C. 2901 The A a Nat under and t estab whi ch Progr forth revi e f orwa withi revi s ct of i onal stand hei r lish will am. the w and rd a n one ed pe Sept Clim and impl i a Nat be t The goal s comm f i nal year ri odi ember ate P respo cati o ional he le f f ice and ent . 5-ye afte cal ly 17, 19 rogram nd to n ns. Th CI i mat ad agen must s p r i o r i t After ar plan r enact 78, r to as atura e Sec e Pro cy re ubmi t i es o consi to t ment equi re sist t 1 and retary gram sponsi a pre f the deri ng he Pre of thi The Act directs the Secretary to establish an advisory committee of users and producers of climate information and services and interagency groups, as necessary, to assist in carrying out responsibilities under the Act. Also, it directs the Secretary to cooperate with both domestic and international organizations i.nvolved in climate related programs. Annually, each agency participating in the Program must submit its own budget request to the Office of Management and Budget (0MB) and 0MB must review these requests as an integrated, coherent, multi-agency budget plan. 0MB must prepare a unified, horizontal budget which shows how the budget requests of all the program elements relate to one another. The Act directs the Secretary to establish an intergovernmental climate program, including grants, and to work with other appro- priate mission agencies in conducting such program. The Secretary is required to submit a report to the President and the Congress on the activities conducted under the Act. 92 Stat 94 Stat 601 3 217 Public Law 95-367 Public Law 96-547 Act of September 17, 1978 Act of December 17, 1980 Report to Congress: January 30 (annually) A-l Office of the Administrator National Ocean Pollution Planning Act 33 U.S.C. 1701 The Act of 1978 provides for the establishment of a comprehensive 5-year plan for Federal ocean pollution research and development and monitoring programs in order to provide planning for, coordi- nation of, and dissemination of information with respect to such programs within the Federal Government. The Act directs the Administrator of NOAA, in consultation with the Director of the Office of Science and Technology Policy, and other appropriate Federal officials, to submit to the Congress a comprehensive 5-year plan which shall include a detailed listing of all Federal programs relating to environmental research and development pertaining to marine pollution, general research on marine ecosystems, and research into the inputs, fates, and environmental effects of petroleum, sewage sludge, and other pollutants in the marine environment. The Act requires the Administrator to carry out a comprehensive, coordinated, and effective ocean pollution research and develop- ment and monitoring program in a manner consistent with the Plan. The Administrator is directed to provide financial assistance in the form of grants or contracts for research and development and monitoring projects or activities. The projects and activities supported by grants or contracts made or entered into shall be administered through existing Federal programs. The Administrator is directed to ensure that the results, findings, and information regarding ocean pollution research and development and monitoring programs conducted or sponsored by the Federal Government be disseminated in a timely manner, to relevant depart- ments, agencies, and instrumentalities of the Federal Government, and to other persons having an interest in ocean pollution research and development. The Act of May 30, 1980, amended section 4(a) to change the reporting date from Febraury to September of the odd years. It also amends the title of the original Act to read "National Ocean Pollution Act". Funds are authorized to $4 million for FY 82. NOAA at a level of $3 million for FY 81 and 92 Stat. 228 93 Stat. 34 94 Stat. 420 Public Public Public Law Law Law 95-273 96-17 96-255 Act of Act of Act of May 8, June 4, May 30, 1978 1979 1980 Report to Congress: February 1 5 - (biennial ly) A- 2 Office of the Administrator Deep Seabed Hard Mineral Resources Act 30 U.S.C. 1401 note. The Act of June 28, 1980, establishes an interim domestic legal regime under which technology could be developed and explora- tion and recovery of hard mineral resources of the deep seabed could take place, pending adoption of a comprehensive Law of the Sea Treaty. The Act establishes a system of licenses for exploration and permits for commercial recovery to be issued by the Administrator of NOAA. The Administrator shall issue regulations to implement the provisions of the Act, and the specific terms, conditions, and restrictions applied to the license or permit. The Act pro- hibits the issuance of licenses until July 1, 1981, and permits unti 1 January 1 , 1 988. The Act rate th of asse commerc trator , support "reci pr permits a u t h o r i citizen Act of Fund. requ e Dee ssi ng i al r to CO envi ocati i ssu ze an s. I 1979" i res the p Ocean M the effe ecovery a nduct a c ronment al ng states ed by oth d regulat t creates , and est Administrator of NOAA to expand and accele- ining Environmental Study (DOMES) program cts on the environment from exploration and ctiviti.es. It also requires the Adminis- ontinuing program of ocean research to assessment activity. The Act establishes a " system for recognition of licenses and er nations which, through legislation, e deep seabed mining activities of their the "Deep Seabed Hard Minerals Removal Tax ablishes a Deep Seabed Revenue Sharing Trust Under the Act, U.S. citizens who are engaged in exploration or commercial recovery before an international agreement enters into force, shall be able to continue their operations without the imposition of terms, conditions, and restrictions which would make continuation economically unviable. The Act requires the Administrator to consult with any Regional Fishery Management Council, prior to the issuance, transfer, modi fication, or renewal of a license or permit, if such activities could adversely affect any fishery within the FCMA or anadromous species or Continental Shelf fishery resource. The Act requires that any vessel used for the commercial recovery of hard mineral resources or for the processing at sea of hard mineral resources must be a vessel documented under the laws of the United States. 94 Stat. 533 Public Law 96-283 Act of June 28, 1980 Report to Congress: December 31 (biennially) A-3 Office of the Administrator Ocean Thermal Energy Conversion Research, Development, and Demonstration Act (OTEC) 42 U.S.C. 9001 note. The Act of July 17, 1980, establishes a research, development, and demonstration program for OTEC facilities. The Act directs the Secretary of Energy, after consultation with the Administrators of NOAA, MARAD, NASA, and the heads of other Federal agencies and public and private organizations, to prepare a comprehensive program management plan for the conduct of research, development, and demonstration activities, and a market development plan that will make possible the commercial delivery of the ten thousand megawatts of electricity by year 1999. The Act authorizes funds for FY 82 at a level of $60 million for operating expenses, and $25 million for OTEC demonstration plants. Ocean Thermal Energy Conversion Act of 1980 42 U.S.C. 9101 note. • The Act of August 3, 1980, establishes a licensing and regulatory system for OTEC facilities and plantships; establishes a legal regime for the development of OTEC as a commercial energy tech- nology; and provides for the protection of the marine and coastal environment, and of the rights and responsibilities of adjacent coastal states with approved coastal zone management programs. The Act authorizes the Administrator of NOAA to develop a program for the licensing of OTEC facilities and plantships. The Act also requires the Administrator to enforce the terms of the licenses and regulations, and conduct an environmental assessment program in conjunction with the licensing regime. The Act amends title XI of the Merchant Marine Act, 1936, (46 U.S.C. 1 271-1 27 9b) to create a special sub-account in the Federal Ship Financing Fund, to be known as the OTEC Demonstration Fund, which shall be used for obligation guarantees. The Secretary of Commerce may guarantee or make a commitment to guarantee payment of the principal and interest on an obligation which aids in financing the construction, reconstruction, or reconditioning of a commercial demonstration OTEC facility or plantship owned by A-4 citizens of the United States. Such obligations may be in an aggregate principal amount which does not exceed 87.5% of the actual cost or depreciated actual cost of the facility or plant- ship. The Act authorizes funds at a level of $3.5 million for FY 82 and FY 83 for licensing, and establishes an additional $2 billion loan guarantee program to finance up to 87.5% of the cost of five pilot and demonstration plants. 94 94 Stat Stat 941 974 Public Law 96-310 Public Law 96-320 Act of July 17 Act of August 1980 1980 Report to Congress: (P.L. 96-320 -- March, 1983) A-5 Office of the Administrator National Advisory Committee on Oceans and Atmosphere Act (NACOA) 33 U.S.C. 857-1 2 The A the N to un and a and t carry pheri annua overa pheri time ct of A ati onal dertake tmosphe advis ing out c Admin 1 repor 1 1 asse c activ to time ugust 16, Advi sory a contin r i c s c i e n e the Sec of the p i s t r a t i o n t to the ssment of i t i e s and be reque 1971 , e Commi tt uing rev ce and s retary o urposes . The C Presi den the sta may sub sted by stablished a committee to be known as ee on Oceans and Atmosphere (NACOA), iew of the progress of the marine ervice programs of the United States, f Commerce with respect to the of the National Oceanic and Atmos- ommittee shall submit a comprehensive t and the Congress setting forth an tus of the Nation's marine and atmos- mit such other reports as may from the President. The Committee originally consisted of twenty-five Presidentially- appointed members drawn from state and local government, industry, science, and other appropriate areas, with observers from each department and agency of the Federal Government concerned with marine and atmospheric matters. The President shall designate one of the members to serve as the Chairman and one as the Vice Chairman Members of the Committee shall, while serving on business of the Committee, be entitled to receive compensation at rates not to exceed $100 per diem, including travel time. The Act of August 5, 1975, amended sec. 4 of the Act to include the review of the progress of national ocean policy and coastal zone management. It also established a new committee to be composed of 18 Presidentially-appointed members selected for their knowledge and expertise in marine and atmospheric policy areas. The Act of June 29, 1978, extended the term of each of the present NACOA members by one year. 85 Stat . 344 Publ ic Law 9 2-1 25 Act of 86 Stat . 1181 Public Law 92-567 Act of 89 Stat . 394 Public Law 94-69 Act of 91 Stat . 265 Public Law 95-63 Act of 92 Stat . 347 Public Law 95-304 Act of 93 Stat . 74 Publ ic Law 96-26 Act of August 16, 1971 October 25, 1972 August 5, 1975 July 5, 1977 June 29, 1978 June 21 , 1979 Reports to Congress: By June 30 of each year. A-6 Office of the Administrator Commissioned Corps The United States Coast and Geodetic Survey, founded under the authority of the Act of 10 February 1807 (2 Stat. 413), regularly employed commissioned officers and personnel of the Armed Forces in carrying out its responsibilities in mapping and charting. The Act of 10 July 1932 (4 Stat. 570) provided, inter alia , for the employment of the vessels and personnel of the Navy Depart- ment on all hydrographic and oceanographi c work. Additionally, commissioned officers of the Typographic Bureau of the War Depart- ment with qualified civilian special assistants were employed in typographic and geodetic surveys. In fact, at one time, one-third of all Naval officers on active duty had been assigned to the Coast Survey for varying parts of their careers. As a result of the First World War, Congress passed the Act of May 22, 1917, (40 Stat. 87) to "temporarily increase the commissioned and warrant and enlisted strength of the Navy and Marine Corps, and for other purposes". This Act also provided for the appoint- ment by and with the advice and consent of the Senate of the field officers of the Coast and Geodetic Survey as hydrographic and geodetic engineers and established a system of equivalent ranks .with counterparts in the Army and the Navy. Shortly after the passage of the Act of May 22, 1917, a set of joint regulations signed by the Secretaries of War, Navy, and Commerce, on August 27, 1917, specified the "duties to be performed by such of the personnel, vessels, equipment, and stations of the United States Coast and Geodetic Survey, by Executive Order of the President of the U.S. in accordance with the provisions of sec. 16, Act of May 22, 1917." On September 24, 1917, three Coast and Geodetic Survey vessels, along with 38 commissioned officers were transferred to the War Department. Other personnel and ships were also transferred to and from the services by Executive Orders 2782, 2861 , 3028, 3029, and 3044. At the end of World War I the officers and ships of the Coast and Geodetic Survey returned to their primary task of nautical chart- ing. The Act of January 1, 1942, (56 Stat. 8) was passed to "regu- late the distribution and promotion of Commissioned Officers of the Coast and Geodetic Survey and for other purposes." This Act dropped all mention of the term "relative rank" and established the percentage of officers in various grades from Ensign through Rear Admiral. Shortly after the passage of this Act, ships and 94 officers of the Coast and Geodetic Survey were transferred to the War and Navy Departments. Once again, at the end of World War II the ships and officers of the Coast and Geodetic Survey returned to their primary task of nautical charting. A-7 Various legislation since the Act of January 19, 1942, has been passed to further define the status and entitlements of Coast and Geodetic Survey Commissioned Officers. These include the Act of July 26, 1947, (61 Stat. 501), the Act of March 29, 1944, (58 Stat. 130), the Act of October 14, 1966, (80 Stat. 907), and the Act of December 31, 1970, (84 Stat. 1863). Pursuant to Presidential Reorganization Plan No. 2 of 1965, (59 Stat. 1318) the Commissioned Corps of the Coast and Geodetic Survey was transferred to the Environmental Science Services Administration (ESSA) and became the Commissioned Corps of ESSA. Later by virtue of Reorganization Plan No. 4 of 1970, the ESSA Corps became the Commissioned Corps of the National Oceanic and Atmospheric Administration. A-8 Office of the Administrator Commissioned Corps The following provisions of 5 U.S.C. are applicable to officers of the NOAA Corps: Sec. 2901 - 2906 - Commissions and Oaths of Office. Sec. 3331 - 3333 - Oaths of Office, affidavits, loyalty. Sec. 3501 - 3504 - Retention, performance, restoration and empl oyment Sec. 4104 - 4118 - Training. Sec. 4501 - Incentive Awards. Sec. 5501 - 5503; 5505; 5507 - 5509 - General provisions for pay admi ni strati ons. Sec. 5512 - 5514 - Withholding pay for indebtedness. 'Sec. 5516 - 5517 - Withholding state income taxes. Sec. 5531 - 5533; 5534a; 5536 - Dual pay and dual employment. Sec. 5901 - 5903 - Uniform allowances. Sec. 5911 - Rental rates quarters and facilities. Sec. 5943 - Foreign currency appreciation allowances. Sec. 7311; 7313; 7321 - 7325; 7326 - Political activity. Sec. 7342 - Foreign gifts and decorations. Sec. 7903 - Protective clothing and equipment. Sec. 8301 - Uniform retirement data. Sec. 8311 - 8322 - Forfeiture of annuities and retired pay. Sec. 8501 - 8508 - Unemployment compensation. A-9 The following provisions of title 10, U.S.C. are applicable to the NOAA Corps, either by assimilation or direct inclusion: Sec. 701 - 704 - Leave (33 U.S.C. §857a(10)). Sec. 716 - Transfer of officers between the Commissioned Corps of NOAA and the Armed Forces. Sec. 802 Sec. 1001 Sec. 1035 Sec. 1036 Sec. 1040 Chap. 55 Applicability, of UCMJ. Regulations relating to pay and allowances. Deposits of Savings (33 U.S.C. §857a(12)). Escorts for dependents (33 U.S.C. §857a ( 1 .) ) • Transportation of dependent patients. Medical and Dental Care. Sec. 1124 - Cash awards while serving with the Armed Forces. Chap. 61 - Retirement or separation for physical disability (33 U.S.C. §857a(2)). Chap. 69, except Sec. 1374, 1375 and 1376(a) - retired grade (33 U.S.C. §857a(3)). Chap. 71 - Computation of retired pay (33 U.S.C. §587a(4)). Chap. 73 - Annuities Based on Retired or Retainer Pay (33 U.S.C. §857a(5)). Chap. 75 - Death Benefits (33 U.S.C. §857a(6)). Sec. 2634 - Motor Vehicles for Members on change of permanent station (33 U.S.C. §857a(ll )). Sec. 2731 - 2732; 2735 - Property loss incident to service (33 U.S.C. §857a(8)). Sec. 2771 - Final settlement of deceased members' accounts (33 U.S.C. §857a(7)). Sec. 5571 & 6019 - Officers of vessels of the U.S. shall be citizens of the U.S. (R.S. 1428). Sec. 7211 - Attendance at meetings of technical, professional, or scientific organizations. A-10 Sec. 7571 - 7572 - Quarters or other accommodations. Sec. 7576 - Quarters: extension phones. Title 22, U.S.C.: Sec. 267a - Same; appointment of delegates; compensation - authority to appoint officers of the U.S. Coast and Geodetic Survey to attend meetings of the International Geodetic Association. Sec. 2396(a)(16) - Availability of funds - general expenditures (sersvices of Coast and Geodetic Survey officers) - authority to provide services of C&GS officers not to exceed 20 for the purposes of international development, peace and security. The following sections of title 33, U.S.C. are applicable to the NOAA Corps. Sec. 851 - Authorized numbers of commissioned officers. Sec. 853a - Authorized numbers in permanent rank. Sec. 853b Sec. 853c - Promotion to grade above LTJG. Mandatory consideration for promotion to LT. & LCDR. Sec. 853d - Mandatory consideration for promotion to CDR & CAPT. Sec. 853e Sec. 853f Sec. 853g Sec. 853h Sec. 853i Sec. 853 j Promotion of ensigns; separations. Length of service for promotion. Involuntary transfers to retired list & separations Lump sum payment upon involuntary separation. Appointments and promotion made by the President. Examinations for promotion. Sec. 853J-1 Temporary appointments and promotions. Sec. 853k - Retirement for age. Sec. 8531 - Retirement for length of service. A-ll Sec. 853o - Computation of retired pay. Sec. 853o-l - Credit of service as desk officer and junior engineer. Sec. 853p - Rank upon retirement. Sec. 853q - Retired rank and pay pursuant to other laws not affected. Sec. 853r - Personnel Board. Sec. 853t - Original appointments. Sec. 854 - Qualification for appointment or promotion. Sec. 854a - Service credit as deck officer or junior engineer for promotion purposes. Sec. 854a- 1 - Temporary appointment or promotion in time of war or national emergency. Sec. 854a-2 - Date of acceptance of promotion. Sec. 855 - Cooperation with and transfer to DOD. Sec. 856 - Relative rank when serving with the Armed Forces. • Sec. 857 - Service for purposes of servicemen's and veterans* benefit Sec. 857-1 - Definitions. Sec. 857-2 - Retired grade, retired pay. Sec. 857-3 - Service for purposes of certain rights, privileges, immunities and benefits. Sec. 857-4 - Commissary and quartermaster supplies. Sec. 857-5 - Service in C&GC and ESSA. Sec. 857a Sec. 858 - Sec. 864 - Sec. 868 - Sec. 874 - Sec. 875 - - Assimilation of certain provisions of 10 U.S.C. Rules when cooperating with the military departments. Retirement generally. Commissary and quartermaster supplies. Transportation of deceased officer's effects. Power of officers as notaries. Sec. 876 - Fees for notarial acts. A-l 2 All provisions of title 37, U.S.C. applicable to members of the uniformed services apply to the NOAA Corps. The following pro- visions mention the NOAA Corps by specific reference: Sec. 101 (3) - Definitions. Sec. 201 (a) - Pay grades. Sec. 205 Sec. 403 Sec. 501 Sec. 502 Sec. 503 Sec. 706 Sec. 801 Sec. 1001 Creditable service for pay; and increase in basic pay and allowances. Basic allowance for quarters. Payments for unused accrued leave. Absences due to sickness, wounds, and certain other causes . Absence without leave or over-leave. Allotments and assignments of pay. Restrictions on payment to certain officers. Regulations relating to pay and allowances. Title 43, U.S.C: Sec. 208(e) - Underwater Diving Techniques and Safety. Sec. 253 - Medical services by PHS. Title 50, U.S.C: Sec. 552 - Persons subject to this chapter (Article II) - (authority to subject personnel of the Coast and Geodetic Survey to the Uniform Code of Military Justice while such personnel area assigned to and serving with the Armed Forces of the United States). Regulations governing cooperation of the National Oceanic and Atmos pheric Administration with the Department of Defense concerning the commissioned corps are contained in the Memorandum of Understanding between the Department of Commerce and Department of Defense which was approved in November 1981. A-13 National Marine Fisheries Service Preface In using t by the Nat stood that and in the i n the pla Commerce o organi zat i i n whi ch t in one Sec Secretary bi 1 i ty is which cont of Commerc by the Sec hi s di gest i o n a 1 M a r i these law United St cement of r the Seer on changes he printed retary but now has th shared by ain some a e but does retary of of the ne Fi she s , as pr ates Cod the auth etary of that ha languag because e respon both Sec uthori ty not att the Inte basi c ri es i nted e (U. ori ti the ve ta e of of o sibil retar that empt ri or, stat Servi i n t S.C.) es i n Inter ken p the s rgani ity. ies . i s t to de if a utory aut ce (NMFS) he Statut , are not either t ior becau lace. Th tatute pi zati onal In some This dig o be exer scribe th ny. hori ti es it s h o u es at La 1 i teral he Secre se of th ere are aces the changes , cases th est 1 i st cised by e author execi sed Id be under- rge (Stat.) ly accurate tary of e historical i nstances authority the other e responsi- s those laws the Secretary ity exercised A fu resp the the ,Fish thos ther Plan Inte of a two at t rt her onsi b respo Secre and e 1 aw ei n i s Nos ri or 11 of Reorg he en compl ility nsi bi 1 tary. Wildli s pass s now . 3 an and th f i cers a n i z a t d of t i cat is f ity For fe S ed p plac d 5 e Se , ag i aon hi s ion in ound i n in a s u i nstan e r v i c e . ri or to ed i n t of 1950 cretary e n c i e s , Plans documen descr the bordi ce, s Reg May he Se , tra of C and are r t. i bi ng t fact th nate De ome aut ardless 24, 195 cretary nsf erre ommerce empl oye eproduc he current placement of at some older statutes placed partmental entity rather than hority is shown to be in the of the specific language of 0, the authority contained On that date, Reorganization d to the Secretary of the , respectively, all functions es of their Departments. These ed as Exhibit A and Exhibit B As background for the users of this digest, it may be useful to review briefly the historical organizational changes referred to above . By the aspect a Comm food f sugges the Pr the ci wi thou approp expend Stat . Act of i n the i ssi one ishes o t remed esi dent vil off t addit ri a ted ed unde 503). Feb con r of f th ial , wi icer i ona to c r th (In ruary serva Fish e sea measu th th s or 1 sal arry e di r the a 9, 1971, tion of f and Fish coasts an res. The e advice empl oyees ary (16 S out the r ection of ppropri at the Congress recognized the national isheries by authorizing appointment of eries to study the decrease of the d lakes of the United States, and to Commissioner was to be appointed by and consent of the Senate, from among of the Government and was to serve tat. 594). The sum of $5,000 was equired study, with the money to be the Secretary of the Treasury (16 ion acts which followed there was no NMFS - 14 reference to Treasury.) In 1988, the original Act was amended to authorize a salary of $5,000 per year for the Commissioner of Fish and Fisheries and to require that he not hold any other office or employment under the authority of the United States or any state (25 Stat. 1 ). The Fish Commission and the Office of the Commissioner of Fish and Fisheries functioned as an independent establishment of the Govern- ment from February 9, 1871, to July 1, 1903, when, by the Act of February 14, 1903 (32 Stat. 827), the Fish Commission and the Office of the Commissioner of Fish and Fisheries were placed in the Depart- ment of Commerce and Labor which was created by the latter Act. That same Act transferred from the Department of the Treasury to the Department of Commerce and Labor jurisdiction, supervision and con- trol over the fur-seal, salmon and other fisheries of Alaska (32 Stat. 828). Thereafter, this entity was called the Bureau of Fi sheri es . By the Act of March 4, 1915 (37 Stat. 736), the Department of Commerce and Labor was divided into two separate departments and the Bureau of Fisheries remained with the Department of Commerce until July 1, 1939, when the 1939 Reorganization Plan No. 11 (53 Stat. 1433) transferred the Bureau of Fisheries to the Department of the Interior. This plan also transferred to Interior from the Department of Agriculture the Bureau of Biological Survey. The Bureau of Fisheries and the Bureau of Biological Survey, both in the Department of the Interior, were consolidated into one agency to be known as the Fish and Wildlife Service by the 1940 Reorgani zati onal Plan No. Ill (54 Stat. 1232), which became effective June 30, 1940. By the terms of the Fish and Wildlife Act of 1956, approved August 8, 1956 (70 Stat. 1119), there was established within the Department of the Interior to succeed the then existing Fish and Wildlife Service, the United States Fish and Wildlife Service consisting of two separate agencies, each with the status of a Federal Bureau, the Bureau of Commercial Fisheries and the Bureau of Sport Fisheries and Wildlife. Effective October 9, 1970, Reorganization Plan No. 4 of 1970 (84 Stat. 2090) transferred to the Secretary of Commerce the functions vested by law in the Bureau of Commercial Fisheries, and the functions vested by law in the Secretary of the Interior or the Department of the Interior which were then administered through the Bureau of Commercial Fisheries. Four functions of the Bureau of Commercial Fisheries were excluded from the transfer: o Great Lakes fishery research and activities related to the Great Lakes Fisheries Commission; NMFS - 15 o Missouri River Reservoir research; o The Gulf Breeze Biological Laboratory at Gulf Breeze, Florida; and o Trans-Alaska pipeline investigations. Also, transferred to. the Secretary of Commerce by this Plan were the functions of Interior relating to migratory marine species of game fish as authorized by Public Law 86-359 (16 U.S.C. 760e- 760g). This Reorganization Plan is reproduced at the end of this document as Exhibit C. A Transfer of Functions Statement is set forth as Exhibit D. Staff members reading the text of these laws in the United States Code should be aware of the fact that the changes made by the 1939 Reorganization Plan which transferred fish and wildlife from Commerce and Agriculture to Interior were reflected in the Code generally by editorial changes to substitute Secretary of the Interior for Secretary of Commerce or Secretary of Agriculture. The justifi- cation for the change was then made in a footnote citing the Reorgani- zation Plan. The editors of the United States Code in the 1976 Edition, in most instances, have made references to Reorganization Plan #4 of 1970 either by footnote or by appropriate changes in the text . NMFS - 16 National Marine Fisheries Service Acquisition and Disposal of Surplus Fishery Products 15 U.S.C. 71 3c- 2 15 U.S.C. 713c-3 7 U.S.C. 61 2c 16 U.S.C. 742e 23 F.R. 2304 The Act authorizes the Secretary of Agriculture to divert surplus domestic fishery products from the normal channels of trade and commerce by acquiring them and providing for their distribution through Federal, state, and private relief channels. By a Memorandum of Understanding signed by the Acting Secretary of the Interior on May 22, 1958, and by the Acting Secretary of Agriculture on July 1, 1958, in order to avoid uneconomical and duplicate activity in fishery products procurement and distribution, which could have occurred by reason of the transfer authorized by the Fish and Wildlife Act of 1956 (16 U.S.C. 742e), it was agreed the Department of the Interior (changed to the Department of Commerce by virtue of Reorganization Plan No. 4 of 1970) will request the Department of Agriculture to handle procurement and disposition of surplus fishery products for which a program of surplus products disposal is determined to be necessary. Such determination is to be made by the Secretary of Commerce who will then transfer the necessary funds to the Secretary of Agriculture to carry out the program. (Earlier provisions on the subject of acquis- ition and disposal of surplus fishery products may be found in 50 Stat. 27, 50 Stat. 61, and 52 Stat. 441.) Public Law 76-393 Act of August 11, 1939 Public Law 83-466 Act of July 1, 1954 Public Law 84-1024 Act of August 8, 1956 Public Law 89-348 Act of November 8, 1965 53 Stat . 1411 68 Stat . 376 70 Stat. 11 24 79 Stat . 1311 NMFS-17 National Marine Fisheries Service Agricultural Marketing Act of 1946 7 U.S.C. 1621-1627 The Act is designed to promote a scientific approach to the problems of marketing, transportation, and distribution of agricultural products, wherein agricultural products include fish and shellfish and any products therof including processed and manufactured products. The Act requires a determination of methods of processing, packaging and marketing and their publication. Costs, improvement of standards of quality and condition, development of new markets, elimination of artifi- cial barriers to free movement, and increasing consumer education are also called for in the Act. In addition, the Act requires inspection and certification of products in interstate commerce, collection and dissemination of marketing statistics, development of procurement standards and specifications, and promotion of research for handling storage and preservation of products. Funding is provided the Secrtary of Agriculture annually as deemed necessary by •Congress .* When e to the 2304), f erred pertai perfor the In and Wi zat i on to the does n nacted Secre the D all f n to f med un terior ldlife Plan Secre ot ci t in 1946 tary of i rector uncti ons i sh, she der 7 U. , consis Act of No. 4 su tary of e these , the statute made the grant of authority Agriculture. On March 22, 1958 (23 F.R. of the Bureau of the Budget (BOB) trans- of the department of Agriculture which llfish and any products thereof (now S.C. 1621-1627), to the Department of tent with various provisions of the Fish 1956 (16 U.S.C. 742e). The 1970 Reorgani- bsequently transferred these functions Commerce (NOAA/NMFS). The U.S. Code (1976) changes in program responsibility. *In 1958, BOB (now 0MB) transferred funds in the amount of $5,000 from Department of Agriculture (.03% of the 1958 Market- ing Services financing estimate) to DOI/Bureau of Commercial Fisheries. No funds are currently beng made available to NOAA/NMFS under this authority. Also, see statement included herein with the discussion of the Fish and Wildlife Act of 1956. 60 Stat 69 Stat 1087 553 P.L. 733, 79th C. Act of August 14, 1946 P.L. 272, 84th C. Act of August 9, 1955 NMFS-18 National Marine Fisheries Service Agricultural Trade Development and Assistance Act of 1954, as amended (sometimes known as Public Law 480) 7 U.S.C. 1704 (b)(3) The Act authorizes the use of foreign currencies which accrue from the sales of surplus agricultural commodities for the conduct and support of scientific activities overseas and to collect, collate, translate, abstract, and disseminate scien- tific and technological information, and to promote and sup- port programs of medical and scientific research, cultural and educational development, health, nutrition, and sanitation. The Act requires that there be specific appropriations for the use of such foreign currencies. The Bureau of Commercial Fisheries received its first appropriation under this authority in the budget for the fiscal year ending June 30, 1962. Funds have been made available to the National Marine Fisheries Service under this authority. 68 72 73 73 80 Stat Stat Stat Stat Stat 456 27 5 258 607 15 29 Publ Publ Publ Publ Publ c c c c c Law Law Law Law Law 83-480 85-477 86-108 86-341 89-808 Act Act Act Act Act of of of of of July June July Sept Nov . 10, 30, 28, 21 11 , 1954 1958 1959 , 1959 1966 NMFS-19 National Marine Fisheries Service Alaska National Interest Lands Conservation Act 16 U.S.C. 3101 The Act p tain publ nation of life Refu and Sceni parks and refuges a establ i sh establ i sh hi bi ted, pol 1 uti on rovides for the designation and conservation of eer- ie lands in the State of Alaska, including the desig- units of the National Park Service, National Wild- ge, National Forest Service, and the National Wild c Rivers System. The Act expands 3 existing national creates 10 new parks; establishes 9 new wildlife nd expands or redesignates 7 existing wildlife refuges; es a conservation area and a recreation area; and es a national forest monument where lumbering is pro- but mining is allowed provided it does not cause water which would interfere with commercial fishing. The Act directs the initiation of a comprehensive program for the purpose of assessing and evaluating oil and gas and hard rock mineral resources on Federal land. It requires the Secre- tary of Agriculture, in consultation with the Secretaries of Commerce and the Interior and the State of Alaska, to prepare a document which analyzes mine development, and the protection of fishery resources from damages from mining. It requres the Secretary of Agriculture to prepare an EIS covering a proposed activities on Forest Service lands. The Act in conn any fis requi re ti ve pi through It requ to i ni t and adm which s redi rec role of ti ng th 1 aborat and gas Arcti c mammal s al so ecti o hery s the anni n fish i res i ate i ni st hall ti ng the at po ory i expl envi r , and requi n wi th habi ta Secre g proc hatch the Se and ca rati on addres the Un 1 abora 1 icy. n , amo orati o onment mi gra res the the ap t or f i tary of ess for ery and cretari rry out of the s and o i ted St tory ' s The st ng othe n, deve , i ncl u tory wa Secre proval shery Agri c the e aquae es of a stu Naval btai n ates A f aci 1 i udy i s r thin 1 opmen ding i ter f o tary of C of any p value may ulture to nhancemen ulture fa the Inter dy of the Arctic R recommend rctic res ties in d to asses gs, asses t , and tr mpact on wl , and e ommerc 1 an of be af i m p 1 e t to f CI 1 1 tl ior , D mi ssi esearc a t i o n s earch evel op s the sing t anspor fish, n 1 a r g i e be c opera fected ment a i shery es and ef ense on , fa h Labo on th policy ing an future he imp tati on mari ne ng the onsul t ti ons . It coope resou acti v , and c i 1 i t i ratory e need , and d impl use o act of on th and 1 body ed when ra- rces ities. Energy es for the emen- f the oil e and of NMFS-20 knowledge on Arctic ice conditions and developing practical and efficient means of dealing with potential oil spills and other hazards associated with resource development. The Act also establishes the Alaska Land Use Council chaired by the Governor of Alaska and a person appoi the President with the advice and consent of the Sen Council is to have 13 members, one of whom is to be The functions of the Council include the conduct of and provision of advice to the heads of Federal agen respect to on-going, planned and proposed land and r in Alaska, and the providing of recommendations to a Federal officials on a broad variety of matters incl posed regulations and management plans, the improvem coordination and consultation between the state and governments, orderly economic development and use of lands within the State. It establishes the Federal Committee, whose major function is to coordinate tho and functions of Federal agencies which could affect administration of lands and resources in Alaska. Th of the Federal Coordination Committee is the Federal of the Alaska Land Use Council. The Committee has s members, of which the Administrator of NOAA is one. to be co- nted by ate. The from NOAA. studi es ci es wi th esource uses ppropri ate uding pro- ent of Federal Federal Coordi nati on se programs the e Chai rman Co-Chai rman even other The Act also provides for continued access by the Federal agen- cies to navigation, weather, climate and fisheries research and monitoring facilities, and for coordination with appropriate agency heads with respect to the establishment of new facilities 94 Stat. 2371 Public Law 96-487 Act of Dec. 2, 1980 NMFS-21 National Marine Fisheries Service American Fisheries Promotion Act 16 U.S.C. 1801 note. The Act of December 22 ; 1980, combines two major pieces of legis- lation into a single law. Title II of Act makes a number of amendments to the Saltonstall- Kennedy (S/K) Act relative to the availability and use of funds for fisheries research and development projects. It authorizes the Secretary of Commerce to appoint six U.S. fishery trade officers to promote U.S. fishing interests. The Act amends Title XI of the Merchant Marine Act, 1936, to broaden its coverage to include fishery facilities on land as well as fishing vessels. The Secretary is also authorized to guarantee obligations for fishing vessels and fishery facilities used for underutilized fisheries. In addition, the Act extends the Fisheries Loan Fund established under the Fish and Wildlife Act of 1956 until September 30, 1982 for the purpose of providing loans to fishermen to avoid defaults on obligations covering fishing vessels. The Act also amends the Fishery Conservation (FCMA) to provide for a means to reduce forei the United States fishery conservation zone, the criteria upon which the Secretary of Stat of Commerce shall base determinations on the able levels of foreign fishing. The Act pres level of fees to be assessed foreign nations within the fishery conservation zone and esta for observer coverage of foreign fishing acti within the fishery conservation zone. It cha the FCMA to read, the "Magnuson Fishery Conse ment Act." and Management Act gn fishing within It also revises e and the Secretary al 1 ocati on of al 1 ow cribes a higher desi ri ng to f i sh blishes a program vities conducted nges the title of rvation and Manage- In addition, the Act makes a number of amendments to the Fisher- men's Protective Act which, in part, extends the time within which an owner or operator of a fishing vessel who suffered damage to his vessel or gear could apply for compensation under section 10 of the Act. A similar extension is made to commercial fishermen who may have suffered damages as a result of oil and gas activities being conducted on the United States Outer Conti- nental Shelf. 94 Stat. 3275 Public Law 96-561 Act of December 22, 1980 NMFS-22 National Marine Fisheries Service Anadromous Fish Conservation Act 16 U.S.C. 757a-757g The Act authorizes the Secretaries of to enter into cooperative agreements w or severally, to conserve, develop, an fishery resources of the Nation that a from water resource developments or wi United States has made international c Similar agreements are authorized to c enhance Great Lakes and Lake Champlain Act) that ascend streams to spawn. Th control of the sea lamprey to the auth The Federal share of the cost shall no whenever two or more states having a c basin jointly enter into a cooperative authorized by the Act, the Federal sha be increased to a maximum 66-2/3 perce percent by the 1974 Act). Not more th funds appropriated in any one fiscal y in any one state. The Secretary shall ■studies carried out under the Act, mak Secretary of Health, Education, and We the elimination or reduction of pollut and wildlife in interstate or navigabl mendations and enforcement measures in by HEW shall be designed to enhance th and shall take into consideration all of such waters.* Commerce and the ith the states, j d enhance the ana re subject to dep th respect to whi onservation agree onserve, develop, fish (added by t e Act of 1974 add ority of the Seer t exceed 50% exce ommon interest in agreement for wo re of the costs s nt (increased fro an $1 mi 1 1 i on of ear shal 1 be obi i , on the basis on e recommendations lfare (HEW) conce ants detrimental e waters. Such r itiated pursuant e qual i ty of such other legitimate Interi or oi ntly dromous 1 e t i o n ch the ments . and he 1978 ed etary . pt that any rk hall m 60 any gated the to the mi ng to f i sh ecom- thereto waters users The Act of cooperati ve the Interio striped bas amount of g i nvesti gate striped bas addition to striped bas 1982. The City of Bal Aquarium in November studi es r, states s. The s eographi c factors s populat the basi s studies Act also timore, M Bal ti mor 16, 1979 adds a new section 7 to provide for between the Departments of Commerce, and , and other non-Federal interests involving tudies are to address such factors as the al location of spawning of this species and that are responsible for the decline in ions. Additional funding is authorized in c authorization for the Act to carry out the , at a level of $2 million for fiscal year directs that the aquarium to be built by the aryland, shall be known as the "National The Act extends the authorization of appropriations for both the Departments of Commerce, and the Interior at a level of $15 million for fiscal year 1982, to carry out the anadromous fish conservation projects. NMFS-23 Report to Congress: Annually (concerning striped bass) 79 84 88 92 93 Stat Stat Stat Stat Stat 11 25 214 398 1 278 859 Publi Publi Publ Publ Publ c Law 89-304 Act of October 30, 1965 c Law 91-249 Act of May 14, 1970 c Law 93-362 Act of July 30, 1974 c Law 95-464 Act of October 17, 1978 c Law 96-464 Act of November 16, 1979 *The text of section 757(f) in the 1976 Edition of the U.S. Code continues the use of the term "Secretary of the Interior" but contains a Transfer of Functions statement re: Reorganiza tion Plan No. 4 of 1970. NMFS-24 National Marine Fisheries Service Antarctic Conservation Act of 1978 16. U.S.C. 2401 note.; 22 U.S. C. 1971 note. This Act provides for the conse nated species of bird, plants a It directs the Director of the establish a permit and regulato of plants and animals native to of nonnative species into Antar in Antarctica and the activitie areas of Antarctica. If the Di tion involving any native mamma the meaning of the Marine Mamma which is an endangered or threa Species Act of 1973, or any nat the Migratory Bird Treaty Act, application to the Secretary of the Interior, as appropriate, determines that a permit should not issue a permit under the An however, the appropriate Secret to that action under one of thr the option of denying the permi Act. The Director is authorize permit under specified conditio hearing, any modification or re such hearing. The Secretary of regulations requiring advance n or within Antarctica. rvati on nd mamma Nati onal ry syste Antarct ctica, t s of U.S rector r 1 which 1 Protec tened sp i ve bi rd he shal 1 Commerc If the a not be tarcti c ary issu ee 1 aws , t under d to mod ns . If vocati on State i ot i f i cat and protection of desig- ls native to Antarctica. Science Foundation to m to control the taking ica, the introduction he disposal of pollutants . citizens in certain eceives a permit applica- is a marine mammal within tion Act, any species ecies under the Endangered which is protected under submit a copy of the e or to the Secretary of ppropriate Secretary issued, the Director may Conservation Act. If, es a permit with respect the Director retains the Antarctic Conservation i f y , suspend, or revoke a the permittee requests a may be made only after s authorized to promulgate ion of any expedition to Civil and criminal penalties are provided. However, assessment of civil and criminal penalties under this Act does not preclude the assessment of such penalties for violations of the Marine Mammal Protection Act, the Endangered Species Act, or the Migra- tory Bird Treaty Act. Enforcement of the Antarctic Conservation Act is the responsibility of the Director, the Secretaries of the Treasury, Commerce, the Interior, and the Department in which the Coast Guard is operating. The Act also amends the Fishermen's Protective Act to clarify that a vessel's documentation or certification under U.S. laws would not be affected if commanded by a person other than a citizen of the U.S. during any fishing voyage beyond the U.S. fishery con- servation zone. This amendment is retroactive to January 1, 1978. 92 Stat. 2048 Public Law 95-541 Act of October 28, 1978 NMFS-25 National Marine Fisheries Service National Aquaculture Act of 1980 16 U.S.C. 2801 note. The Act of September 26, 1980, promotes aquaculture in the U.S. by establishing a National Aquaculture Plan to coordinate domestic programs and increase the availability of fisheries resources. The Act p ture Deve as 1 ead a program, with the other app managemen i ndust ry . an adviso the pi an. have the The Act r •ment of a a complet duals and rovi des 1 opment gency in The Sec Secretar ropri ate t counci The Se ry commi The PI potenti a equi res quacul tu e p r o f i 1 i nsti tu for the Plan, de coordi n retary o ies of A Federal 1 s , and c retary ttee to an shal 1 1 for cu the Seer re in th e for th t i ons i n estab si gna at i ng f Com gri cu offi repre may, assi s i den 1 1 u r i eta ry e U.S e aqu vol ve 1 i shm ti ng and merce 1 ture cers , senta if de t i n tify ng on to c . for acul t d i n ent the impl i s , an sta ti ve emed the thos a c arry the ure all of a Depa emen di re d th tes , s of app l m t e aq omme out pur i ndu aspe Nat rtme ting cted e In reg the ropr ial uati rci a a c pose stry cts i onal nt of an aq to CO teri or i onal aquae i ate, devel o c spec 1 or o ont i nu of ma and t of aqu Aqua Comm uacu nsul , an fish ul tu esta pmen i es ther i ng i nta he i acul cul - erce 1 ture t d ery re blish t of whi ch basi s. assess- i ni ng ndi vi - ture. The Act requires the Secretary of Commerce to establish and maintain an Aquaculture Information Center for the collection, analysis and distribution of scientific and other information regarding aquaculture. It establishes within the Office of Science and Technology Policy an interagency aquaculture coordi- nating group. The purpose of the group is to increase the over- all effectiveness and productivity of Federal aquaculture research, transfer, and assistance programs. The Act also authorizes the Secretaries of Commerce, the Interior, and Agriculture to provide financial assistance in the form of grants, not to exceed 50% of the cost, in carrying out demonstra- tion projects. It provides for the establishment of a loan guarantee program to be administered by the Secretary of Commerce. Any guarantee made shall be for no more than 87 1/2 percent of the actual loan. It also authorizes and directs the Secretary of Commerce to establish a Federal insurance program where such insurance is not available from the private sector. NMFS-26 Appropriations to the Department of Commerce are authorized at a level of $10 million for fiscal year 1982, and $12 million for fiscal year 1983. 94 Stat. 1198 Public Law 96-362 Act of Sept. 26, 1980 Reports to Congress: September 30 (biennially) NMFS-27 National Marine Fisheries Service Artifical Reefs - Liberty Ships 16 U.S.C. 1 220-1 220c The Act provides that a state may apply to the Secretary of Commerce for one or more Liberty ships, which otherwise would be designated by the Secretary for scrapping, for the purpose of sinking such ships to establish offshore artificial reefs for the conservation of marine life. The Secretary must seek and consider the views of the Secretaries of the Interior and Defense and any other appropriate Federal officer on the pro- posed sinking. The transfer is to be accomplished with no cost to the Federal Government. 86 Stat. 617 Public Law 92-402 Act of August 22, 1972 NMFS-28 National Marine Fisheries Service Atlantic Coast Fish Study for Development and Protection of Fish Resources " 16 U.S.C. 760a-760c This Act directs the Secretary of Commerce to undertake a comprehensive and continuing study of species of fish of the Atlantic coast, including bays, sounds, and tributaries, for the purpose of recommending to the states of the Atlantic coast appropriate measures for the development and protection of such resources and their wisest utilization, whether for sport or commercial fishing or both. 64 Stat. 474 Public Law 81-730 Act of Aug. 25, 1950 NMFS-29 National Marine Fisheries Service Atlantic Coast Shad Study 16 U.S.C. 759 This Act authorizes the Secretary of the Interior to undertake, through the Fish and Wildlife Service, a comprehensive and continuing study of the shad of the Atlantic coast for the purpose of recommending to the Atlantic Coast States, through the Atlantic States Marine Fisheries Commission, measures to be taken to arrest decline, increase abundance, and promote the wisest utilization of such shad resources at a cost not to exceed $75,000 per annum for a six-year period.* 63 Stat. 616 Public Law 249, 81st Cong. Act of Aug. 18, 1949 * The 1976 Edition of the U.S. Code omits the text of the law. Codification note indicates text is omitted. NMFS-30 National Marine Fisheries Service Atlantic States Marine Fisheries Commission 16 U.S.C. 667a This resolution authorizes the named states to enter into a compact for cooperative effort and mutual assistance for the uniform, common or mutual regulation of fishing in the terri- torial waters and bays and inlets of the Atlantic Ocean on which such named states border or have jurisdiction. The subsequent interstate compact, as amended, designates the Fish and Wildlife Service as the primary research agency of the Commission, cooperating with the research agencies of each named state.* 54 Stat. 261 56 Stat. 267 64 Stat. 467 Pub. Res. 79, 76th Cong Public Law 77-539 Public Law 81-721 Joint Resolution of June 8, 1940 Act of May 4, 1942 Act of Aug. 19, 1950 * The 1976 Edition of the U.S. Code omits the text of these laws but contains a codification note summarizing them. However, there is no reference to Reorganization Plan No. 4 of 1970 and the transfer made thereunder. NMFS-31 National Marine Fisheries Service Atlantic Tunas Convention of 1975 16 U.S.C. 971 The Act authorizes the Se of the Secretary of Comme conservation recommendati sion for the Conservation to enforcement, the concu ment in which the Coast G the procedures for implem for the Conservation of A mulgation of regulations cretary rce, to ons mad of Atl rrence uard is enti ng tl anti c by the ecommen ted Sta al Regi of S rece e by antic of th oper the I Tuna Secre d a t i o tes . ster an opportunity to comment lations, they would be ap suspended if it is determ Commission for whom the c is fishing in such a way .achievement of the Commis regulations which may be embargo provisions are pr sultation with the Secret Department in which the C to enter into agreements implemention of the provi . Af pi i ca i ned onser as to sion' promu ovi de ary o oast rel at s i o n s ter pub bl e to that a vati on consti s recom 1 gated d. The f Comme Guard i i n g to of ICC tate , wi th ive, accept the Interna Tunas, and e Secretary ati ng. The nternationa s (ICCAT) t tary of Com ns of the C Proposed r to afford i 1 i cati on of U.S. f i sher member coun regul ati ons tute a seri mendati ons . are describ Secretary rce and the s operating cooperat i ve AT. the con , or ob ti onal with r of the Act pr 1 Commi hrough merce f ommi ssi egul ati nterest the fi men but try of are ef ous thr The k ed, and of Stat Secret , is a u enf ore curre ject Commi espec Depa escri ssi on the p or th on th ons m ed pe nal r shal the f ecti eat t i nds impo e , in ary o t h o r i ement nee to s- t rt- bes ro- e at ust rsons egu- 1 be ve o the of rt con- f the zed and The Act authorizes the President to appoint not more than three Commissioners and additional Alternate Commissioners to repre- sent the United States on the International Commission for the Conservation of Atlantic Tunas. An advisory committee may be appointed by the Commissioners. The Committee is to be composed of no less than five, but no more than twenty persons, represen- tative of the various groups concerned with Atlantic tuna f i sheri es . Prohibitions are listed and fines and forfeitures are prescribed for violations. No penalty shall be assessed unless the person accused of committing the violation is given notice and oppor- tunity for a hearing. Upon failure of any person to pay an NMFS-32 assessed penalty, the Secretary of Commerce may request the Attorney General to institute a civil action in a district court of the United States to collect the penalty. Authority is granted to the U.S. Commissioners, through the Secretary of State, to arrange for the cooperation of agencies of Federal, state, and private institutions and organizations in carrying out the scientific and other programs of the Commi ssi on. The Act of May 26, 1977, changes the definition of the term "fisheries zone" to conform the language of the statute to the Magnuson Fishery Conservation and Management Act of 1976. The Act of September 4, 1980 authorizes the Secretary of Commerce to establish a 100% observer program under which a U.S. observer will be stationed aboard each foreign vessel within the fishery conservation zone. A Foreign Fishing Observer Fund is established to be available to the Secretary as a revolving fund for the purposes of carrying out the observer program. In addition, the Act establishes five new positions on the ICCAT advisory committee. It authorizes appropriations for fiscal years 1982 and 1983. 89 Stat. 385 Public Law 94-70 Act of August 5, 1975 90 Stat. 331 Public Law 94-265 Act of April 13, 1976 90 Stat. 173 Public Law 95-33 Act of May 26, 1977 94 Stat. 1069 Public Law 96-339 Act of September 4, 1980 NMFS-33 National Marine Fisheries Service Channel Islands National Park and Recreation Act of 1978 16 U.S.C. 1 note. The Act of March 5, 1980 Authorizes the development of the Channel Islands National Park in the State of California, which will include San Miguel, Prince, Santa Rosa, Santa Cruz, Anacapa, and Santa Barbara Islands, including the rocks, islets, submerged lands, and waters within one nautical mile of each island. It directs the Secretary of the Interior to develop, in cooperation and consultation with the Secretary of Commerce, the State of California, and various knowledgeable Federal and private entities, a natural resources study report for the park, including an inventory of all terrestrial and marine species, indicating their population dynamics, and probable trends as to future numbers and welfare. The Act also authorizes the Secrertary of the Interior to conduct a study relating to the use of lands in the area for purposes of wind energy research. The Secretary is further authorized to issue permits for the use of such lands as a site for installation and field testing of an experimental wind turbin generating system. 94 Stat. 67 Public Law 96-199 Act of March 5, 1980 NMFS-34 National Marine Fisheries Service Capital Construction Act of 1970T 46 U.S.C. 1177 Fund - Fishing Vessels (Merchant Marine The Merch of the Me of the Un vessels" Commerce to any or this sect vessel s , in the Un United St Great Lak ries of t the fund to accomp ant Marine Act of 1970 (sec. 21), amends section 607 rchant Marine Act, 1936, to provide that any citizen ited States owning or leasing one or more "eligible may enter into an agreement with the Secretary of to establish a capital construction fund with respect all such vessels. Any agreement entered into under ion shall be for the purpose of providing replacement additional vessels, or reconstructed vessels, built ited States and documented under the laws of the ates for operation in the United States' foreign, es, or noncontiguous domestic trade, or in the fishe- he United States, and shall provide for deposit in of the amounts agreed upon as necessary or appropriate lish the purpose of the fund. Under t "eligib ment fo vessel " st ructe "Eligib United United and ope States , but doc abroad entered built i he t 1 e v r pu i s d ve 1 e v Stat Stat rate wi t umen for i nt n th erminology used in this section of the Act, an essel" is one which may be used subject to the agree- rpose of deposits in the fund, while a "qualified a replacement vessel, additional vessel, or recon- ssel for which withdrawals may be made from the fund, essel" is defined as any vessel constructed in the es, and if reconstructed, reconstructed in the es, documented under the laws of the United States, d in the foreign or domestic commerce of the United h the grandfather proviso that any ship built abroad ted under U.S. flag on April 15, 1970, or built use in our foreign trade pursuant to a contract o before that date shall be considered as though e United States for this purpose. Qualified withdrawals from the fund may be made for the purpose of (1) acquisition, construction or reconstruction of a quali- fied vessel, (2) acquisition, construction or reconstruction of barges and containers which are part of the complement of a qualified vessel, and (3) payment of the principal on indebted- ness incurred in connection with the acquisition, construction or reconstruction of a qualified vessel or barge or container which is part of the complement of a qualified vessel. NMFS-35 Secti depos ings proce on , v of am defer depos purpo for p (nonq of th drawa is su of ta i n th the t on 60 1 ts 1 from eds f essel ounts ring its s ses f urpos u a 1 i f e Sec 1 , an bject x for e fun axabl 7 provi nto the shi ppi n rom sal s , and held i tax on o 1 ong or w h i c es othe ied wit retary d the t to an the ta d to th e year des for fund fr g operat es or ot (3) earn n the fu ordi nary as they h the fu r than t hdrawal s of Comme ax attri i nterest xable ye e last d i n whi ch a defer om the ions of her dis ings fr nd. Th i ncome remai n n d is b hose fo ) may o rce, ar butable charge a r in w ate for the wi ral of fol 1 owi agreem p o s i t i o om inve is prov or cap i n the eing ma r which nly be e taxed to the from t h i c h t h paymen thdrawa Federal ng sour ent ves ns of, stment i si on h ital ga fund or i ntai ne the fu made wi i n the nonqua he last e amoun t of ta 1 i s ma l ncom ces : sel s ( or fro or rei as the i ns on are u d. Wi- nd i s th the year lified date t was x for de . e taxes on (1 ) earn- 2), net m insurance nvestment effect of these sed for the thdrawal s intended permi ssion of with- wi thdrawal for payment deposited The amounts in a capital construction fund are required to be kept in a depository specified in the agreement, and are sub- ject to requirements as may be specified by the Secretary of Commerce. These funds may be invested only in interest-bearing securities approved by the Secretary of Commerce, except that with the consent of the Secretary of Commerce, up to 60 percent of the assets of the fund may be invested in the stock of domestic corporations. Such stock must be fully listed and registered on an exchange resistered with the Securities and •Exchange Commission. The Act of October 1, 1973, amends sec. 607(k)(8). It clari- fies the definition of "noncontiguous trade" for Capital Con- struction Fund withdrawal purposes to include trade between two or more points within Alaska, Hawaii, Puerto Rico, or any other territory or possession of the United States. As a consequence, a vessel which has been built with such capital construction funds is legally permitted to trade between all points in our outlying states, territories, and possessions. 94 Stat. 87 Stat. 1026 Public Law 91-469 421 Public Law 93-116 Act of October Act of October 21 , 1970 1 , 1973 NMFS-36 National Marine Fisheries Service Central , Act Western, and South Pacific Fisheries Development 16 U.S.C. 758 Note The Act a di rectly Tuna Deve a program f i sheries Pacific with the the State ments of Commi ssi o the Commo i nsti tuti priate me agency if uthori or by 1 opmen for t resou cean. Secret of Ha Ameri c ner of nweal t ons , t mber n such zes t cont r t Fou he de rces Cons ary o wai i an Sa the h of he co ati on an ag he Secretary of Commerce to carry out, act, in conjunction with the Pacific ndation or other agency or organization, velopment of the tuna and other latent of the Central, Western, and South ultation and cooperation is authorized f the Interior, the Secretary of State, and other affected states, the govern- moa and Guam, the Office of the High Trust Territory of the Pacific Islands, the Northern Mariana Islands, educational mmercial fishing industry, and all appro- s of any South Pacific regional fishery ency is formed. The Act also authorizes the Secretary to establish, in cooperation with representatives of the proposed agency and other parties, a cooperative program for the development of tuna and other latent fisheries resources of the Central, Western, and South Pacific Ocean to be submitted to the President and the Congress within one year following official formation of the proposed agency. The Secretary must make available to all interested members of the proposed agency the results and findings of research or development projects carried out under the Act. The Act of June 16, 1978, extends the appropriation authori- zation for three years (FY 1980 through FY 1982) at a level of $5 million per year. 80 Stat . 444 Public Law 92-444 Act of 90 Stat . 809 Public Law 94-343 Act of 92 Stat . 319 Public Law 95-295 Act of September 29, July 6, 1976 June 16, 1978 1972 NMFS-37 National Marine Fisheries Service Coastal Zone Management Act (CZMA) Amendments of 1976 (Shellfish Study)' 16 U.S.C. 1451 et seq. The CZMA Amendments of 1976 (sec. 16), directs the Secre- tary of Commerce to undertake a comprehensive study of all aspects of the molluscan shellfish industry, including the harvesting, processing, and transportation of such shellfish; and to evaluate the impact on that industry of Federal law concerning water quality on the molluscan shel 1 f i sh i ndustry . 90 Stat. 1017 Public Law 94-370 Act of July 26, 1976 NMFS-38 National Marine Fisheries Service Coast Guard - Detail of Personnel 16. U.S.C. 743a This Act authorizes the chief executives of Coast Guard, Army, Navy and Air Force; Atomic Energy Commission; and National Aeronautics and Space Administration to detail commissioned, enlisted or civil personnel for duty under the Director of the Bureau of Sport Fisheries and Wildlife, when such personnel can be spared for detail duty. The Act also authorizes these agencies to make equipment available to the Director on a loan basi s.* 23 Stat. 494 88 Stat. 1 23 No Public Law Number Public Law 93-280 Act of March 3, 1885 Act of May 10, 1974 Note : Pursuant to Reorganization Plan No. 4 the Secretary of Commerce is substituted for the Director of the Bureau of Sport .Fisheries and Wildlife. The 1976 Edition of the U.S. Code fails to indicate this change. Statutory History Act March 3, 1885 Ch. 360, §(1), 23 Stat 494 renumbered by P.L. 93-280, §1(1), May 10, 1974, 88 Stat. 123. 23 Stat. 494 ("Act March 3, 1885") was entitled "Propagation of Food Fishes". The Act of 1885 was codified 16 U.S.C. §743. §743 Repealed. P.L. 93-280, §1(2), May 10, 1974, 88 Stat. 1 23. NMFS-39 National Marine Fisheries Service Columbia River Basin Fishery Development Program (sometimes known as the Mitchell Act ) 16 U.S.C. 755-757 This Act authorizes the Sec salmon cultural stations in It also authorizes the seer tigations and engineering a ments to conserve the fishe River and its tributaries; in the Columbia River Basin and spawning conditions for tory fish from irrigation p migration of fish over obst rizes other activities for Columbia River Basin and to vices of the agencies of th and Idaho. retary of Washi ngt etary to nd biolog ry res our to constr for the f i sh ; th rojects ; ructi ons . the conse utilize e States Comm on , condu i cal ces o uct a impro e pro and f The rvati the f of Wa erce to regon , ct nece surveys f the C n d i n s t vement tection aci 1 i ta Act al on of f aci 1 i ti shi ngto estab and Id ssary and e ol umbi all de of fee of mi ting f so aut i s h in es and n , Ore lish aho. i nves xperi a vi ces ding gra- ree ho- the ser- gon, '52 Stat 60 Stat 345 932 Public Law Publ i c Law 75-502 Act of May 11 , 1938 79-676 Act of August 8, 1946 NMFS-40 National Marine Fisheries Service Commercial Fisheries Research and Development Act of 1964 16 U.S.C. 779-779f The Act authorizes the Secretary of Commerce to cooperate with the states through their respective agencies responsi- ble for commercial fisheries in carrying out research and development projects on commercial fisheries resources of the Nation. Under the Act, appropriated funds are appor- tioned among the states on a basis determined by the commer- cial fishing activity in each of the states during recent years, The Secretary is authorized to pay up to 75 percent of the estimated cost of approved state projects. The Act of June 5, 1980 authorizes appropriations for fiscal years 1981 through 1983 at a level of $10 million per year for cooperative state-Federal research and development projects (4(a)); $5 million per year for disaster relief (4(b)); and $500,000 per year for the development of a new commercial f i sheri es (4(c)). 78 Stat . 197 Publ ic L a w 88-309 Act of May 20, 1964 82 Stat. 957 Publ i c Law 90-551 Act of October 4, 1968 86 Stat. 1303 Public Law 92-590 Act of October 27, 197 2 90 Stat . 23 26 Publ i c Law 94-485 Act of October 1 2, 1976 91 Stat . 249 Public Law 95-53 Act of June 22 , 1977 94 Stat . 437 Publ i c Law 96-262 Act of June 5, 1980 NMFS-41 National Marine Fisheries Service Commutation of Rations for Officers and Crews of Vessels 16. U.S.C. 754 Commutation of rations (not to exceed $1 per man per day) may be paid to officers and crews of vessels of the Fish and Wildlife Service. Deductions from the salaries of officers and crews for quarters and rations furnished on vessels need not be made.* 55 Stat. 357 Public Law 136, 77th Cong. Act of June 28, 1941 56 Stat. 557 Public Law 645, 77th Cong. Act of July 2, 1942 * Transfer of functions Footnote references Reorg. Plan No. 4 of 1970. NMFS-42 National Marine Fisheries Service Consolidated Farm and Rural Development Act 7 U.S.C. 1923 The Act authorizes the Secretary of Agriculture to make and insure loans to established farmers, ranchers, or other persons, including those engaged in aquacultural activities, who have been substantially affected by a natural disaster or by a major disaster or emergency designated as such by the President. 94 Stat. 1971 Public Law 96-438 Act of Oct. 13, 1980 NMFS-43 National Marine Fisheries Service Cooperative Associations - Fisheries 15 U.S.C. 521-522 This Act authorizes the formation of fishery marketing cooperatives and provides for their administration. 48 Stat. 1213 Public Law 73-464 Act of June 25, 1934 NMFS-44 National Marine Fisheries Service Cooperative Research Units 16 U.S.C. 753a-753b This Act authorizes the Secretary of Commerce to continue to enter into cooperative agreements with colleges, universities State fish and game departments, and with non-profit organi- zations relating to cooperative research units by assigning Department of the Interior technical personnel for service with such units, by supplying units with equipment that may be available for such purposes, and by paying the incidental expenses of Federal personnel and employees of cooperating agencies assigned to the units. 74 Stat. 733 Public Law 86-686 Act of September 2, 1960 NMFS-45 National Marine Fisheries Service Crown of Thorns Starfish 16 U.S.C. 1211-1 213 The purpose of this Act is to conserve and protect coral reef resources of the Pacific tropical Islands of concern to the United States. The Secretary of Commerce and the Secretary of the Smithsonian Institution are authorized to cooperate with and provide assistance to the governments of the State of Hawaii, the territories and possessions of the United States, including Guam, American Samoa, the Trust Territory of the Paicific Islands, and other Island possessions of the United States, in the study and control of the seastar "Crown of Thorns." In carrying out the purpose of the Act, the two Secretaries may conduct studies and research to determine the cause of population increase of the Crown of Thorns, Its effects on corals and coral reefs, and the stability and regeneration of reefs following predation. The two Secretaries are authorized to monitor areas where Crown of Thorns may be increasing, determine future needs for control, develop methods of control, and carry out programs of control. 84 Stat. 884 Public Law 91-427 Act of September 26, 1970 NMFS-46 National Marine Fisheries Service The Defense Production Act of 1950 as implemented by Executive Order 10480 (A ugust 14 , 1953) and Executive Order 11490 (October 28, l$fo) 50 App. U.S.C. 2153; 3 CFR 1949-1953 Comp., p. 692; 3 CFR 1966-1970 Comp., p. 820 The Defense Production Act provides that the President may delegate his authority under that Act. By Executive Orders 10480 and 11490, the Department of Agriculture is delegated the responsibility for emergency preparedness planning and execution of mobilization and management programs for the overall food resources of the Nation. The Secretary of Agriculture delegated to the Secretary of Commerce responsi- bility and authority for the production and processing of fish and fishery products, and certain related claimant functions. Under these delegations, the National Marine Fisheries Service (NMFS) carries on emergency preparedness programs pertaining to the production or harvesting of fish, shellfish, and marine resources. This responsibility includes the preparation of fishery production data main- tained at the National Resource Evaluation Center and the planning for and reporting of natural disasters and civil disturbances which may affect the commercial fisheries industry and NMFS installations. 64 Stat. 816 Public Law 81-774 Act of September 8, 1950 (Successive Acts have extended the termination date of the Act of September 8, 1950). NMFS-47 National Marine Fisheries Service Duties - Fish Nets & Netting 19 U.S.C. 1 202 The Act provides for the temporary suspension of certain duties, and extends certain existing suspensions of duties. It provides duty-free treatment for the purchase and cost of repair of tuna purse seine nets and netting for any U .S. -documented purse seine vessel of 500 tons-carrying capacity, or greater, or for any U .S. -documented purse seine vessel required to carry a certificate of inclusion issued pursuant to the provisions of the Marine Mammal Protection Act . 94 Stat. 3555 Public Law 96-609 Act of December 28, 1980 NMFS-48 National Marine Fisheries Service Education - Fishery 16 U.S.C. 760d This Act to educat of scient of commer tioned by taki ng i n each stat i ndustry in excess the Vocat to the st educati on 20 U.S.C. 1968. authorizes the Secretary of Commerce to make grants ional institutions to promote education and training ists, technicians, and teachers needed in the field cial fishing. Funds appropriated are to be appor- the Secretary among the states and Territories to account the extent of the fishing industry within e and territory as compared with the total fishing of the United States. An annual appropriation not of $550,000 is authorized. This Act also amends ional Education Act of 1946 to authorize assistance ates and territories in the development of vocational in the fishery trades. This section was codified at 15j (a)(5) but was repealed by the Act of October 16, 70 Stat 82 Stat 11 26 1091 Public Law 84-1027 Public Law 90-576 Act of August 8, 1956 Act of October 16, 1968 NMFS-49 National Marine Fisheries Service Endangered Species Act (ESA) 16 U.S.C. 1531 et seq. The Act provides for the conservation of endangered and threatened species of fish, wildlife, and plants. The pro- gram is to be administered by the Secretaries of the Interior (DOI) and Commerce (DOC) except that the Secretary of Agri- culture shall enforce provisions relating to importation or exportation of terrestrial plants. Section 4 of the Act requires the Secretary of the Interior to publish in the Federal Regi ster , and revise as necessary, a list of endangered species and threatened species as deter- mined by either the Secretary of Commerce or the Secretary of the Interior, depending upon agency jurisdiction over species. However, the Secretaries may treat any species as endangered or threatened even though it is not listed if they find that such species closely resembles in appearance a species which has been listed so that enforcement personnel will not encoun- ter difficulty in differentiating between the listed and .unlisted species. The Secretary must review the list once every five years to determine whether the species should be removed from the list or changed in status. The Act sets procedures governing the listing process. Any proposed listings not finalized within 2 years must be with- drawn and cannot be proposed again unless the Secretary deter- mines that new information is available which warrants such action. Section 4 also requires the Secretary to develop and implement recovery plans for listed species to ensure their conservation and survival. Section 5 of the Act authorizes the acquisition of land, water, or interests therein for the purpose of conserving any endan r gered or threatened species of fish, wildlife, or plants. Section 6 of the Act authorizes the Secretary to, enter into management agreements with states for the administration and management of areas for the conservation of endangered or threatened species. The Secretary is also authorized to enter into a cooperative agreement with any state which establishes and maintains an adequate and active program for the conserva- tion of endangered or threatened species. The 1977 Act eases the qualifying requirements for State endangered species pro- grams to facilitate the development of cooperative agreements with the States. NMFS-50 Conflicts between the ESA and Federal actions are to be resolved by a consultation process between the project agency and DOC and DOI, as appropriate, as contained in section 7 of the Act. When the consultation process has been exhausted and a conflict still exists, an application for exemption may be submitted to the Secretary within 90 days. Such application is to be considered initially by a review board consisting of three members: one appointed by the Secretary, one appointed by the President after consideration of the recommendations from the Governor(s) of the affected state(s), and an administrative law judge. The Act describes the proce report to the Endangered Sp Species Committee has seven culture, the Army, and the NOAA, Chairman of the Counc of the Council on Environme by the President upon the r the state(s) within which t occur; the Secretary of the tion may only be granted by person. If the Committee g reasonable mitigation and e successful applicant. The subject to judicial review, exemption if the Secretary tion that the granting of t agency action would violate international obligation of to grant an exemption for r facilities necessary to pre which resulted in a Preside aster area. Agencies recei submit annual reports to th describing compliance with measures . ss by which the Board submits a ecies Committee. The Endangered members: the Secretaries of Agri- Interior, and the Administrator of il of Economic 'Advi sers ,' Chai rman ntal Quality, and a person appointed ecommendati on of the Governor(s) of he agency action in in question will Interior is the Chairman. An exemp- five Committee members voting in rants an exemption, it must require nhancement measures be taken by the Committee's final determination is The Committee may not grant an of State gives it written certifica- he exemption and the resultant an international treaty or other the U.S. The President is allowed eplacement and repairs on public vent recurrence of a natural disaster ntial declaration of a Federal dis- ving an exemption are required to e Council on Environmental Quality ordered mitigation and enhancement Section 8 of the Act stipulates that the Secretaries, through the Secretary of State, encourage international programs pro- viding for the conservation of endangered and threatened species. It also provides for the carrying out of certain international conventions. Section 10 of the Act authorizes the Secretary of Commerce to grant exemptions for a period of up to three years for the sale of legally obtained pre-Act endangered species' parts, including scrimshaw and sperm whale oil and its derivatives. It exempts from the prohibitions of the Act antique articles, other than scrimshaw, made before 1830 and extends relief to NMFS-51 those who imported such antique articles after December 28, 1973, and who had the antique confiscated by the Federal Government . Section 11 of the Act contains civil and criminal penalties. The standard for criminal violations is "knowingly" (changed from "willfully"). 87 Stat 884 Public Law 93-205 Act of December 90 Stat. 724 Public Law 94-325 Act of June 30, 90 Stat. 911 Public Law 94-359 Act of July 12, 91 Stat. 1493 Public Law 95-212 Act of December 92 Stat. 3751 Public Law 95-632 Act of November 28, 1973 1976 1976 19, 1977 10, 1978 NMFS-52 National Marine Fisheries Service Estuaries and their Natural Resources 16 U.S.C. 1 221-1 226 The Act authorizes the Secretary of the Interior to conduct a study of the Nation's estuaries to determine the need to conserve and restore the valuable estuarine areas of the United States. The study is to be in cooperation with the states, the Secre- tary of the Army, and other Federal agencies. A report is to be made to the Congress by January 30, 1970, including legislative recommendations and recommendations as to whether there should be a nationwide system of estuarine areas. The study was concluded and the report sent to Congress. All Federal agencies, in planning for the use or development of water and land resources, shall give consideration to estuaries and their natural resources. Also, states and local subdivisions are to be encourged to take into account the needs and opportunities for protecting estuaries in the devel- opment of plans which involve various Federal -State grant-in- ai d programs . The text of the law as it appears in the 1976 Edition, U.S.C, continues the use of the term "Secretary of the Interior" without footnote or other reference to Reorgani- zation Plan No. 4 of 1970 and the transfers made thereunder. 82 Stat . 625 Public Law 90-454 Act of August 3, 1968 NMFS-53 National Marine Fisheries Service Exchange of Equipment as Part Payment for Other Equipment 16 U.S.C. 752 The Fish and Wildlife Service may exchange motor-propelled and horse-drawn vehicles, tractors, road equipment, boats, aircraft, typewriters, computing or duplicating machines, or parts, accessories, tires, or equipment thereof, in part payment for other equipment as listed.** 55 56 Stat Stat 357 557 Public Law 77-136 Public Law 77-645 Act of June Act of July 28, 1941 2, 1942 ** The 1976 Edition of the U.S. Code omits the text of these laws but contains a codification note which explains that these Acts were a part of Interior Department Appropriation Acts of 1942 and 1943 and were not repeated in subsequent Acts. NMFS-54 National Marine Fisheries Service Farm Credit Systems 1 2 U.S.C. 2001 The Act revises the Farm Credit System to serve the current needs of the agriculture industry. A major provision of the Act allows Federal loa / n banks to make long-term loans to producers and harvesters of aquactic products, and authorizes farm credit system institutions to provide borrowers, members, and applicants financially-related services appropriate to their aquatic operations. 94 Stat. 3437 Public Law 96-592 Act of December 29, 1980 NMFS-55 National Marine Fisheries Service E xploration, Investigation, Development, and Maintenance of "Fishing Resources and Industry of Pacific Ocean (s ometimes known as the "Farrington Act of 3. 1947, as amended 1 ^ 16 U.S.C. 758-758d This Act authorizes and directs the Secretary of Commerce to conduct such fishing explorations and such necessary related work as oceanographic , biologic, technological, statistical and economic studies to ensure maximum development and utili- zation of the high seas fishery resources of the United States and its island possessions in the tropical and subtropical Pacific Ocean. The Secretary may cooperate with the appro- priate agencies of the state and island governments, and with educational, industrial, or other organizations. Appropriations are authorized for constructing and equipping a fishery research laboratory and experiment station in the State of Hawaii and substations at suitable locations. Certain fishing and research vessels are also authorized. 61 Stat. 726 74 Stat. 41 2 Public Law 80-329 Public Law 86-624 Act of August 4, 1947 Act of July 1 2, 1960 NMFS-56 National Marine Fisheries Service Federal Aid in Fish Restoration Act (sometimes known as the Pi ngel 1 -Johnson (D-J) Act) 16 U.S.C. 777-777k This is a Federal grant-in-aid authorization designed the states solve their sport fishery problems. The Se of the Interior is authorized and directed to cooperat the states in fish restoration and management projects projects may include investigations to produce informa solving fish restoration and management problems; acqu of land and waters to increase public fishing opportun and developments to create new waters and to increase tivity in existing waters. Funds for the program are from a 10% Federal excise tax on fishing rods, creels, artificial lures, baits, and flies. Apportionment is the states according to a formula based upon both the the area of each state and the ratio of the number of fishing licenses issued in each state. The Federal sh cannot exceed 75% of the cost of a project. In order cipate, a state must have fishery conservation laws, i a prohibition against the use of license fees paid by for any purpose other than the administration of that fish and game department.* to help cretary e wi th Such tion for i si ti on i ti es ; produc- deri ved reel s , made to ratio of sport are to parti- n c 1 u d i n g f i shermen state ' s The Act of 1980 makes effect of approval of reference to the D-J Act in regard to the a state's conservation plans. Any state applying for apportionment of funds for programs and projects for fish restoration shall prepare and submit to the Secretary of the Interior a comprehensive fish and wildlife resource management plan. If the Secretary approves the conservation plan, that portion pertaining to fish conservation is deemed to be an approved plan. 64 Stat . 430 Publ i c Law 81-681 Act of August 9, 1950 70 Stat . 473 Publ i c Law 84-640 Act of July 2, 1956 70 Stat . 908 Public Law 84-896 Act of August 1 , 1956 73 Stat . 143 Public Law 86-70 Act of June 25, 1959 74 Stat . 413 Public Law 86-624 Act of July 1 2, 1960 79 Stat . 1311 Public Law 89-348 Act of November 8, 1965 84 Stat . 1101 Publ ic Law 91-503 Act of October 23, 1970 94 Stat . 13 25 Publ ic Law 96-366 Act of September 29, 1980 * The 1976 Edition of the U.S. code contains a transfer of functions footnote for Reorganization Plan No. 4 of 1970 but the text is not changed. NMFS-57 National Marine Fisheries Service Federal Crop Insurance Act 7 U.S.C. 1501 The Act amends the Federal Crop Insurance Act to establish an expanded and comprehensive Federal crop insurance program for farmers. The Act authorizes the Secretary of Agriculture to provide certain disaster assistance and insurance to farmers of agricultural commodities. The Act expands the definition of "agricultural commodities" to include aquacultural species that are propagated or reared in a controlled or selected envi ronment . 94 Stat. 1312 Public Law 96-365 Act of September 26, 1980 NMFS-58 National Marine Fisheries Service Federal Power Act 16 U.S.C. 811 This Act provides that the Federal Power Commission shall require a licensee under the Act to construct, maintain, and operate, at the expense of the licensee, such fishways as may be prescribed by the Secretary of Commerce. 41 Stat. 1073 Public Law 280, 66th Cong. 49 Stat. 845 Public Law 333. 74th Cong. 53 Stat. 1433 1939 Reorg. Plan No. 2 Act of June 10, 1920 Act of August 26, 1935 Effective July 1 , 1939 NMFS-59 National Marine Fisheries Service Federal Ship Financing Act of 1972 46 U.S.C. 1271-1 280 This Act amends Title XI of the Merchant Marine Act, 1936, by replacing authority to insure vessel mortgages and loans with authority to guarantee obligations. Fishing vessels of five net tons or over are one of several classes of eli- gible vessels. Generally, obligations (i.e., owed to private lenders) eligible for guarantee must have aided in financing or refinancing the cost of constructing, reconstructing, or reconditioning vessels, or facilities or equipment pertaining to marine operations. The Act of April 7, 1978, amends section 1104(b)(2) of the Merchant Marine Act, 1936, to authorize the Secretary of Commerce to guarantee obligations financing up to 87-1/2% (changed from 75%) of the actual or depreciated actual cost of constructing or reconstructing vessels designed for commer- cial fishing use. (This action places fishing vessels in the same category as other vessels not receiving a construction differential subsidy in qualifying for Federal loan guarantees •under title XI of the Merchant Marine Act, 1936). Secti 742(a prima vati o by th the S the B Mari t Feder autho so tr on th of Ju autho f i shi Comme on 6(a )) dir ri ly t n , and e Di re ecreta u r e a u i me Ad al shi ri ty o ansf er e amou ly 5, ri zed ng ves rce . ) of t ected o the prote ctor o ry of of the mi ni st p mort f Titl red. nt of 1960, Interi sel s , he Fi that devel ction f the the I Budg ratio gage e XI The D i nsur (P.L. or to compa sh and W f unct i on opment , of comm Bureau nteri or. et deter n, Depar i nsuranc of the M etermi na ance tha 86-577, exerci s rable to ildli s of advan erci a of th The mi ned tment e for ercha ti on t cou 74 S e Tit the fe Ac certa cemen 1 f is e Bud reaf t that of C fish nt Ma set a Id be tat . le XI Title t of i n a t , m heri get, er, fun omme ing ri ne cei out 314, aut XI 195 gene anag es , be on M ctio rce , vess Act 1 ing stan U.S hori auth 6 (16 i es r ement as de trans arch ns of pert el s u , 193 of $ di ng . .C. 1 ty re ori ty U.S. el ati , con termi f erre 22, 1 the a i n i n nder 6 , we 10 mi The 275 N 1 ati n of C. ng ser- ned d to 958, g to the re 1 1 ion Act ote) g to In 1967, a modification of the 1958 Bureau of the Budget Deter- mination raised the insurance ceiling to $20 million and in 1969 another modification raised it to $25 million (text of the Determination appears following the description of the Fish and Wildlife Act of 1956). NMFS-60 The Act of August 3, 1980 amends Title XI of the Merchant Marine Act, 1936, to create a special sub-account in the Federal Ship Financing Fund, to be known as the Ocean Thermal Energy Conversion (OTEC) Demonstration Fund, which shall be used for obligation guarantees. The Secretary of Commerce may guarantee or make commitment to guarantee, payment of the principal and interest on an obligation which aids in financ- ing the construction, reconstruction, or reconditioning of a commercial demonstration OTEC facility or plantship owned by citizens of the United States. Such obligations may be in an aggregate principal amount which does not exceed 87.5% of the actual cost or depreciated actual cost of the facility or plantship. The Act of October 21, 1980 amended the Fish and Wildlife Act of 1956 to extend the Fisheries Loan Fund through FY 82 at a level of $6 million to provide loans to vessel owners who have been adversely affected by economic conditions, including those whose vessel financing was guaranteed by the Government under the Fishing Vessel Obligation Guarantee Program. 86 Stat . 909 Public Law 92-507 92 Stat. 194 Public Law 95-257 94 Stat. 974 Public Law 96-320 94 Stat. 2297 Pub! i c Law 96-478 Act of October 19, 1972 Act of April 7, 1978 Act of August 3, 1980 Act of October 21 , 1980 NMFS-61 National Marine Fisheries Service Fish and Wildlife Act of 1956 16 U.S.C. 742a-742k; (See also: 15 U.S.C. 713c-3(e); 15 U.S.C. 713c-3 Note; 23 F.R. 2304) The Act, as amended, contains a Congressional declaration of policy to the effect that fish and wildlife resources make a material con- tribution to the national economy and food supply and that the fish- ing industry can fulfill its proper function in national life only with the satisfaction of fundamental needs of freedom of enterprise, protection of opportunity, and assistance consistent with that pro- vided by Government for industry generally. The original Act established within the Department of the Interior the United States Fish and Wildlife Service composed of the Bureau of Commercial Fisheries and the Bureau of Sport Fisheries and Wild- life. Functions were distributed between the two Bureaus with the Bureau of Commercial Fisheries responsible for commercial fisheries, whales, seals, sea lions, and related matters; and the Bureau of Sport Fisheries and Wildlife responsible for migratory birds, game management, wildlife refuges, sport fisheries, sea mammals (except whales, seals, and sea lions), and related matters. The Act transferred to the Secretary of the Interior functions of the Secretary of Agricultue, the Secretary of Commerce, and the head of any other department or agency, as determined by the Direc- tor of the Office of Management and Budget. Such a determination was made on March 22, 1958, in which four specific functions were transferred. A copy of that determination is appended hereto. The Act provides for a fishery loan program in which the Secretary may make loans for financing or refinancing of the cost of purchas- ing, constructing, equipping, maintaining, repairing, or operating new or used commercial fishing vessels or gear. By a separate but related Act (75 Stat. 493) the Secretary was given authority in the management and disposition of vessels and other property acquired and arising out of fishery loans to facilitate administration. It authorizes the Secretary to conduct continuing investigations and disseminate information concerning the production and flow to market of fishery products; the availability, abundance, and biolo- gical requirements of fish and wildlife resources, the competitive economic position of the various fishery products; the collection and dissemination of statistics on fishing; the improvement of pro- duction and marketing practices and the conduct of educational and extension services relative to commercial and sport fisheries; and any other matter which the Secretary believes to be in the public NMFS-62 interest in connection with any phase of fish and wildlife opera- tions. The Secretary is to develop and recommend measures to ensure maximum sustainable production of fish and fishery products; study the economic condition of the industry; develop special promotional and informational activities to stimulate consumption where surplus exists; and take steps for the development, advancement, manage- ment conservation, and protection of fisheries resources. It provides for cooperation between the Secretaries of State and the Interior in providing for representation at international meetings relating to fish and wildlife incuding membership of an Interior representative on U.S. delegations and negotiating terms. The 1974 Act provides that the Small Business Administration may make loans to fishermen while the Fisheries Loan Fund moratorium exi sts. The Act of November 8, 1978, authorizes the Secretaries of Commerce and the Interior to enter into formal cooperative agreements with states and other Federal agencies for enforcing fish and wildlife laws and to establish and conduct programs to train personnel in enforcement matters at the request of any state. Both Secretaries are also authorized to dispose of abandoned or forfeited property; and to accept and pay for incidental expenses associated with the services of volunteers in conducting fish and wildlife programs. It extends the application of Federal criminal statutes (18 U.S.C. Ill, 1114) to provide protection for employees of the Department of Commerce who are assigned to perform investigative, inspection, or law enforcement functions while engaged in, or on account of per- formance of, their official duties. The Act of October 21, 1980 amended the Fish and Wildlife Act of 1956 to extend the Fisheries Loan Fund through FY 82 to provide loans to vessel owners who have been adversely affected by econo- mic conditions, including those whose vessel financing was guaran- teed by the Government under the Fishing Vessel Obligation Program. 70 Stat . 1119 72 Stat . 1710 75 Stat . 493 75 Stat . 788 76 Stat . 849 78 Stat. 199 79 Stat . 26 2 84 Stat. 309 84 Stat . 8 29 85 Stat . 480 86 Stat. 905 88 Stat . 742 92 Stat . 3110 94 Stat . 2297 Pub! i c Public Public Public Publ i c Public Public Public Publ i c Publ i c Publ i c Public Public Public Law Law Law Law Law Law Law Law Law Law Law Law Law Law 84-1024 85-888 87-219 87-367 87-793 88-309 89-85 91-279 91-387 92-159 92-502 93-386 95-616 96-478 Act Act Act Act Act Act Act Act Act Act Act Act Act Act of August 8, 1956 of Sept. 2, 1958 of Sept. 13, 1961 of October 4, 1961 of October 11, 1962 of May 20, 1964 of July 23, 1965 of June 1 2, 1970 of August 23, 1970 of November 18, 1971 of October 18, 1972 of August 23, 1974 of November 8, 1978 of October 21 , 1980 While the text of the Act as it appears in the 1976 Edition, U.S.C, continues to use of the terms "Secretary of the Interior" and "Fish and Wildlife Service", the editors have, at pertinent places, made reference by footnote to Reorganization Plan No. 4 of 1970 and the transfers effected thereunder. NMFS-63 DETERMINATION BY THE DIRECTOR OF THE BUREAU OF THE BUDGET On March 22, 1958 (23 F.R. 2304) as modified on March 1, 1967 (32 F.R. 3783), and on May 30, 1969 (34 F.R. 8373) Transfer of Certain Functions Relating to Commercial Fisheries to Department of the Interior Determination with respect to certain matters pursuant to Act of August 8, 1956 Pursuant to section 6(a) of the Act of August 8, 1956, popularly known as the Fish and Wildlife Act of 1956 (16 U.S.C. 742e) , it is hereby determined that the following functions relate primarily to the development, advancement, management, conservation, and protection of commercial fisheries and shall be deemed to be transferred to the Department of the Interior by that Act: 1. The distribution and disposal of surplus fishery products now performed by the Department of Agriculture under the authority of the act of August 11, 1939 (15 U.S.C. 713c-2). 2. All functions of the Department of Agriculture which pertain to fish, shellfish and any products thereof, now performed under the authority of title II of the Act of August 14, 1946, popularly known as the Agricultural Marketing Act of 1946, as amended (7 U.S.C. 1621-1627), including but not limited to the development and promulgation of grade standards, the inspection and certification, and improvement of transpor- tation facilities and rates for fish and shellfish and any products thereof. 3. All functions of the Maritime Administration, Depart- ment of Commerce, which pertain to Federal ship mortgage insurance for fishing vessels under authority of title XI of the Merchant Marine Act of 1936, as amended (46 U.S.C. 1271-1279), provided that the amount of loans outstanding under this transferred authority shall not exceed $25 million at any one time. 4. All functions of the Maritime Administration, Depart- ment of Commerce, which pertain to direct loans to aid con- struction of fishing vessels under authority of title V of the Merchant Marine Act of 1936, as amended (46 U.S.C. 1151-11610). It is further determined that pursuant to said section 6(b) of the Act of August 8, 1956, the following are necessary in connection with the exercise of the above listed functions and shall be deemed to be transferred to the Department of the Interior by that Act: a. The amounts shown in Schedule 1, hereto attached, which amounts are hereby determined to be available for use, as specified in said schedule, in connection with the functions transferred by said Act: b. The property and records shown in Schedule 2, hereto attached, which property and records were used or held in connection with the functions transferred by said Act. Note: The 1967 modification increased the limit on outstanding loans in paragraph 3 from $10 million to $20 million. The 1969 modification increased the limit on outstanding loans in par. 3 from $20 to $25 million. NMFS-6 4 National Marine Fisheries Service Fish and Wildlife Coordination Act, as amended 16 U.S.C. 661-666C This A with F conser affect tary i on wi 1 i nvest These the re engi ne presen ct aut ederal vation ed by s f urt dlife i gatio report port , eri ng ted to horizes , state, and dev water-re her auth aspects ns to be s and re prepared surveys Congres the Secretary of the Interior to cooperate and public or private agencies in the elopment of fish and wildlife resources source development programs. The Secre- orized to make reports and recommendations of such projects based on surveys and conducted by the Fish and Wildlife Service commendations are made an integral part of by any Federal agency responsible for and construction of such projects, to be s or authorizing agency.* 48 60 62 72 79 Stat Stat Stat Stat Stat 401 1080 497 563 216 Public Publ ic Publ i c Publ ic Public Law Law Law Law Law 73-1 21 79-732 80-697 85-624 89-72 Act of March 10, 1934 Act of August 14, 1946 Act of June 19, 1948 Act of August 1 2, 1958 Act of July 10, 1965 (sec. 6(b)) In the original 1934 Act the Secretaries of Agriculture and Commerce were given the responsibility for the activities authorized in the Act. Subsequent amendments followed the transfer to Interior of responsibilities for fish from Commerce and wildlife from Agriculture; so the statutes names the Secretary of the Interior. The 1976 Edition of the U.S.C. cities 1939 Reorganization Plan No. 2 and 1940 Reorganization Plan No. 3 but fails to cite Reorganization Plan No. 4 of 1970. NMFS-65 National Marine Fisheries Service Fisheries Construction and Maintenance (No code citation) This Act authorizes a 5-year construction and maintenance program for the Bureau of Fisheries. Although the 5-year period contemplated by this Act has expired, some provisions have been incorporated by reference in a later enactment. (See Columbia River Fishery Development Program). 46 Stat. 371 Public Law 71-240 Act of May 21 , 1930 NMFS-66 National Marine Fisheries Service Fishermen's Protective Act of 1967 22 U.S.C. 1971 The A vesse on th State the 1 is to vesse vesse Treas any f Conse Act o the S on a but b which (2) f pract 'o n e r o appl i f i she fail fish autho The A ri zi n regi s 1968 t i o n , v i d i n above such etc . , costs resul and e equi p al so val ue ct of Au 1 of the e basis s and th ocati on take su 1 and cr 1 owner ury in a ines pai rvat i on f August ecretary claim re ased on (1 ) are ail to c ices of us than es to fo ry manag to al 1 ow subject ri ty. gust 27 Uni ted of righ ere i s or acti ch acti ew and is to b n amoun d to se and Man 27, 19 of Sta lated t condi ti unrela onsi der vessel s the con reign f ement a f i shi n to such , 195 Stat ts or no di vity on as secur e rei t cer cure ageme 54, t te i n o exc ons a ted t and of t d i t i o i shi n uthor g ves coun 4, pr es i s cl ai spute of th he d e the mburs ti fie such nt Ac i nc i n s t 1 usi v nd re o f i s take he U. ns an g ves ity e sel s try's ovi des sei ze ms not of ma e vess eems a i r rel ed by d by t releas t of 1 lude t ances e f i sh stri ct hery c i nto a S., (3 d rest sel s s s t a b 1 i of the excl u ct of A g s i mi 1 t r a t i o n Act pro shall g that , the S vessel taken to be ting f r qui pmen ment; a to the of f i s ugust ar re fees vi des enter i n th ecret for a care guara om da t; lo nd do owner h cau 12, 1968 imburseme , or any that the into con e case of ary shall 11 actual of by the nteed by mage to o ss or con ckage fee (or char ght befor , ame nt f o other Seer tract sei z gua r cost Seer the S r des f i sea s or terer e the nds t r the di re etary s wi t ures antee s exc etary ecret truct ti on uti 1 i ) and sei z that in a case where a d by a foreign country recognized by the United terial facts concerning el , the Secretary of State ppropriate to protect the ease. In addition, the the Secretary of the he Secretary of State for e. The Magnuson Fishery 976 (MFCMA) amended the he action to be taken by when a seizure is based ery management authority ions under such claims onservation and management, ccount traditional fishing ) are greater or more rictions which the U.S. ubject to the exclusive shed by the MFCMA, and (4) U.S. equitable access to sive fishery management he earlier Act by autho- sums paid for license fees, ct charge. In addition, the of Commerce, upon applica- h fishing vessel owners pro- under the conditions stated the owner or charterer of ept the fines, license fees, of the Treasury. The actual ary of Commerce are those ion of the vessel, its gear of the vessel , gear and ties. The guarantee extends the crew for the market ure but lost by confiscation NMFS-67 or spoilage during the period of detention; and for not to exceed 50 percent of the gross income lost as a direct result of the seizure and detention. The Secretary of Commerce will establish rates to be paid by owners for such guarantees but such rates will be set to recover the cost of administering the program and at least one-third of the cost of the guarantees to the Federal Government. Payments may not be made under this section unless provided for in advance by appropriation Acts. Under the terms of the Act the Secretary of State shall take such action as deemed appropriate to make and collect claims against a foreign country for amounts expended by the United States under any part of this Act. If the offending country fails or refuses to make payment in full within 120 days after receiving notice of any such claim by the U.S., the Secretary of State is required to withhold, pending such payment, an amount equal to the unpaid claim from any funds programmed for the current fiscal year to the offending country under the provisions of the Foreign Assistance Act of 1961 . The Act of December 23, 1971, "Pel 1 y Amendment", adds a new section 8 to the Fishermen's Protective Act of 1967. Section 8 gives the President discretionary authority to prohibit the importation of fishery products from nations which conduct fishing operations in ,a manner that diminishes the effectiveness of any multilateral international fishery conservation program in which the United States participates. The Secretary of Commerce has the responsi- bility under the section for certifying to the President when such fishing operations are being conducted by foreign nations. The Act of September 18, .1978, amends section 8 to provide such protection to wildlife and to give that certifying authority to the Secretary of the Interior. The Secretary of the Treasury is responsible for instituting and enforcing any embargo the Presi- dent elects to apply. The terms of the section provide that the President shall notify the Congress of any action taken 60 days following certification by the Secretary of Commerce. If the President, after the certification, fails to direct the Secretary of the Treasury to prohibit the importation of fish products of the offending country, or if the prohibition does not include all fish products of the offending country, the President shall inform the Congress of the reasons therefor. The Act of November 18, 1977, added a new section 10 which autho- rizes the Secretary of Commerce to make loans to domestic fisher- men whose vessels or gear are damaged by foreign fishing operations in the U.S. Fishery Conservation Zone. The Act of September 18, 1978, amends section 10 so as to broaden the nature of casualties eligible for compensation. The amendment changes the method of compensation and provides a new source of program funding. NMFS-68 The Act of October 28, 1978, amends the Fishermen's Protective Act to spell out the intent of Congress that the employment of alien skippers by U.S. -documented fishing vessels while fishing beyond the fishery conservation zone does not terminate the U.S. documentation or certification of the vessel. The Act of August 15, 1979, known as the Packwood/Magnuson Amendment, provides an additional measure for the protection of whales, similar to the "Pel 1 y Amendment" but concerning allo- cations granted to nations to fish in the U.S. fishery zone under the Magnuson Act. The Act of December 22, 1980, amends section 10 of the Fisher- men's Protective Act to extend the time within which an owner or operator of a fishing vessel who suffered damage to his vessel or gear could apply for compensation. A similar exten- sion is made to commercial fishermen who may have suffered damages as a result of oil and gas activities being conducted on the U.S. Outer Continental Shelf. The Act of October 26, 1981, amends section 7 to provide for a cooperative insurance program to allow American fishing vessel owners to recoup economic losses resulting from illegal seizure of their vessels. Provides that those fees not currently needed for payments shall be. kept on deposit or invested in a separate account, and all revenues accruing from such deposits or investments shall be credited to a separate account. Section 2 of the act extends for 5 years a current exemption to grant fishery tender vessels from the various Coast Guard inspection requirements, and declares as non-navigable a portion of the Green River in the State of Washington, which would allow the State to construct some permanent structures across the river. It provides an authorization of appropriations for fiscal years 1981 through 1984. 68 Stat . 883 Publ i c Law 83-680 Act of 82 Stat. 7 29 Publ i c Law 90-482 Act of 85 Stat . 786 Publ i c Law 92-219 Act of 86 Stat . 1182 Publ i c Law 92-569 Act of 86 Stat . 1313 Publ i c Law 92-594 Act of 90 Stat . 331 Publ i c Law 94-265 Act of 91 Stat . 1413 Publ i c Law 95-194 Act of 92 Stat . 714 Publ i c Law 95-376 Act of 92 Stat . 2048 Publ i c Law 95-541 Act of 94 Stat . 3 27 5 Publ i c Law 96-561 Act of 95 Stat . 1040 Publ i c Law 97-68 Act of August 27, 1954 August 1 2, 1968 December 23, 1971 October 26, 1972 October 28, 1972 April 13, 1976 November 18, 1977 September 18, 1978 October 28, 1978 December 22, 1980 October 26, 1981 NMFS-69 National Marine Fisheries Service Fishery Attache Program, 16 F.R. 5309 (3 Executive Order No. 10249, June 4, 1951 1949-1953 Comp., p. 755), and Memorandum of Understanding Between the Departments of State and the Inte r i o r with Respect to the Minerals and Fisheries UTTicer program, dated May 5, 1959 16 U.S.C. 742d 16 U.S.C. 742e(c) 22 U.S.C.f 846 22 U.S.C. 846 Note Recognizing its responsibility to serve the foreig needs of other Federal agencies and the particular the Department of the Interior in the fishery fiel Department of State, in consultation with the Depa the Interior and other interested Government agenc appropriate schedules and comprehensive guidance m minerals and fishery reports. The Department of S requests funds for Fisheries and Minerals Officer those posts which are determined by the Department in consultation with the Department of the Interio such positions. These Officers are responsible fo the economic and technological reporting requireme country in which they are stationed. To date, Fis have been appointed to Copenhagen, Denmark; Tokyo, Mexico City, Mexico; and Abidjan, Ivory Coast.* n reporting needs of d , the rtment of ies, develops aterials for tate also positions at of State, r, to require r discharging nts for the hery Attaches Japan; 60 Stat 70 Stat 1002 11 21 Public Law 79-724 Public Law 84-1024 Act of August 13, 1946 Act of August 8, 1956 * The fishery attache program of the National Marine Fisheries Service is operating under the terms of the May 5, 1959, Memorandum of Understanding. NMFS-70 National Marine Fisheries Service Fishery Market News Service (No code citation) In Title III of the Act of June 16, 1937, the Department of Commerce Appropriation Act, 1938, the Department is specifically g-'ven the authority to collect, publish, and distribute information on the fishery industry, i.e., information on market supply and demand, commercial move- ment, location, disposition, and market prices of fishery products . 50 Stat. 296 Public Law 75-153 Act of June 15, 1937 NMFS-71 National Marine Fisheries Service Fishery Research and Experimentation (Reservoirs and Flooded Rice Lands ) 16 U.S.C. 778-778C This Act authorizes and d establish stations to car experimentation to determ for commercial culture in rice lands; determine met methods for the control o economical methods of rai develop suitable methods ment of Agricuture, deter with rice and other crops lands for purposes of the other institutions; and p experimentation carried o irects the Secretary of Commerce to ry on a program of research and ine species of fish most suitable shallow reservoirs and flooded hods of production for stocking and f parasities and diseases; develop sing the more desirable species; of harvesting; and with the Depart- mi ne the effects of rotation of fish It also authorizes acquistion of Act; cooperation with states and ublication of the research and n . 72 Stat. 35 Public Law 85-342 Act of March 15, 1958 NMFS-72 National Marine Fisheries Service Fishing Vessel Construction Differential Subsidy (United States Fishing Fleet Improvement Act ) 46 U.S.C. 1401-1413 This Act less tha of const vessel a ti on thr to a fis vessel i based up structi n f orei gn shi pyard requi red i ng . Th will not auth n 35 ructi nd no ough hi ng n a U on th g or shipy s. I to g e pre be r on z perc on i t mo the vess ni te e es remo ards n co i ve sent ecei es th ent a n a U re th conve el or d Sta timat del i n as c nsi de notic 1 aw ved a e Sec nd no ni ted an 35 rsi on thro tes s ed di g var ompar ri ng e and provi fter retary t more State perce or re ugh re hi pyar f f eren i o u s c ed wi t an app an op des th June 3 of the I than 50 s shi pyar nt of the condi ti on building d. Such ce betwee lasses of h such co 1 i cati on , portuni ty at appl i c 0, 1972 . nterior percent d of a cost o ing of any exs payment n the c f i shi n sts i n the Se for a a t i o n s to pay of the new fis f const any ves ting fi s are t ost of g vesse Uni ted cretary public for a s not cost hing ruc- sel s h i n g o be con- Is in States i s hear- ubsidy 74 Stat. 21 2 78 Stat. 614 84 Stat. 307 Public Law 86-516 Act of June 12, 1960 Public Law 88-498 Act of August 30, 1964 Public Law 91-279 Act of June 12, 1970 The 1976 Edition of the U.S. Code omits and offers the following explanations: the text of these laws; 1401 -1403-omitted as obsolete 1404-deleted ( rel ati ng^to operations of fishing vessels in fisheries suffering injury) 1 405-1 41 3-omitted as obsolete NMFS-73 National Marine Fisheries Service Fo od Fishes and Investgati ons - Commissioner of Fish and TTs heries Established " 16 U.S.C. 744, 745 The Act of February 9, 1871, establishes the Office of Commis- sioner of Fish and Fisheries and authorizes the study of food fishes of the coasts and lakes in order to recommend conserva- tion measures. The Act of March 3, 1887 (an appropriation act of sundry civil expenses of the government) authorizes the continuation of investigation of United States fisheries and the introduction by the United States Fish Commission into United States waters of food fishes, including shellfish. The Act of June 21, 1916, authorizes investigations to amelio- rate the damage to fisheries caused by dogfish and other pre- dacious fishes and aquatic animals, as to develop means of taking such fishes and aquatic animals, utilizing them for economic purposes, especially for food, and to encourage the establishment of fisheries and markets for them. 16 Stat. 593 24 Stat 39 Stat 5 23 23 2 Joint Res. No. 22, 41st Cong. No Public law Number Public Law 100, 64th Cong. Act of Feb. 9, 1871 Act of March 3, 1887 Act of June 21 , 1916 NMFS-74 National Marine Fisheries Service Fur Seal Act of 1966 16 U.S.C. 1151-1187 This Act p r o v i d i n tion of 58 Stat, i mpl emen Paci f i c as amend 1963, by Soviet S authori z and to a Isl ands . supersedes the Fur Seal Act of 1944 and earlier acts g for management of the fur seal herd and administra- te Pribilof Islands (32 Stat. 828; 37 Stat. 736; 100; 61 Stat. 449, 450; 64 Stat. 1071). The Act ts the Interim Convention on the Conservation of North Fur Seals signed at Washington, on February 9, 1957, ed by the protocol signed at Washington, on October 8, the United States, Canada, Japan, and the Union of ocialist Republics. The Secretary of Commerce is ed to conserve and manage the North Pacific fur seals dminister the special reservation of the Pribilof The Act also provides for the protection of sea otters on hi gh seas . the The Act continues in effect the provision of the Alaska State 'hood Act (72 Stat. 339, 341) which gives to that State 70 percent of the net proceeds derived from the sales of seal- skins or sea otter skins made in accordance with the terms of thi s Act . 80 Stat. 1091 Public Law 89-702 Act of November 2, 1966 NMFS-75 National Marine Fisheries Service Research Grants to Institutions of Higher Education and Scien tific Research Organizations" 42 U.S.C. 1891-1893 This Act authorizes basic scientific research grants to non- profit institutions of higher education or to non-profit organizations whose primary purpose is the conduct of scien- tific research. The Act provides for discretionary authority to vest in such institutions or organizations, title to equip- ment purchased with grant or contract funds, and requires an annual report on such grants to the appropriate Committees of both Houses of Congress. This authority is available to the head of any Federal agency authorized to enter into con- tracts for basic scientific research with non-profit institu- tions of higher education, or with non-profit organizations whose primary purpose is to conduct scientific research. This authority was utilized for several years by the Bureau of Commercial Fisheries but has not been utilized by the National Marine Fisheries Service. 72 Stat. 1793 Public Law 85-934 Act of September 6, 1958 NMFS-76 National Marine Fisheries Service Gulf States Marine Fisheries Commission (Not Codified) This Resolution granted the consent and approval of Congress to an interstate compact relating to the better utilization of the fisheries of the Gulf coast and created the Gulf States Marine Fisheries Commission. The compact designates the Fish and Wildlife Service of the Department of the Interior as the primary research agency of the Commission cooperating with the research agencies of each named State.* 63 Stat. 70 Public Law 66, 81st Cong Joint Resolution of May 19, 1949 Since the Act has not been codified, there is no mechanism for indicating the transfer of responsi bi i 1 ti es effected by Reorganization Plan No. 4 of 1970. NMFS-77 National Marine Fisheries Service Jellyfish - Control or Elimination (Sea Nettles and other such pests in the Coastal waters of the United States ) 16 U.S.C. 1 201-1 205 This Act provides for the conservation and protection of the fish and shellfish resource in the coastal waters of the United States and to promote and safeguard water-based recrea- tion. The Secretary of Commerce is authorized to cooperate with and provide assistance to the states and the Commonwealth of Puerto Rico in controlling and eliminating jellyfish and other such pests and in conducting research to control floating seaweed in such waters. The cost of such work shall be borne equally by the Federal Government and by the states and the Commonwealth of Puerto Rico. The Act consents to any compact between two or more States for the purpose of carrying out the work authorized. 80 Stat . 1149 Public Law 89-720 84 Stat . 922 Public Law 91-451 86 Stat. 1493 Publ ic Law 92-604 Act of November 2, 1966 Act of October 14, 1970 Act of October 31 , 1972 NMFS-78 Lacey Act National Marine Fisheries Service 18 U.S.C. 43-44 16 U.S.C. 3401 The auth pres game i mpo perm Agri tati i s p 1900 and ti on ki nd mean mol 1 cms ' June mana ori gi ori ze ervat bi rd rtati 1 t WI cultu on of rohi b . Du 1 angu proh " and ti • • • usk , tacea 3, 1 gemen nal Lac d acti v ion, di s and o on of f th exce re. Th forei g i ted . ri ng th age cha i b i t i o n more r any wil or cms n" by P 970, ma t for t ey Act ( i ty in t st ri but i ther wi 1 oreign w ptions a e Act al n animal The law i s peri o nges hav first t ecently d mammal tacean , u b 1 i c La de this he first Act of May he Departm on, introd d bi rds . i 1 d animal s determin so prohibi s and bi rd has been a d Interior e been mad o "any wil to "wildli , wi 1 d bi r ...", The w 91-135, law useful time. 25, ent o ucti o The A s or ed by ted t s , th mende has e to d ani fe" w d , am addi (Dece i n c 1900, f Agr n , an ct pr bi rds the he i n e imp d sev repl a apply mal o hich phi bi tion mber ommer 31 S i cult d res ohi bi exce Secre terst ortat eral ced A the r bi r is de an , r of "m 5, 19 cial tat o ure f torat ted t pt un tary ate t i on o times gri cu trans d of fined epti 1 ol 1 us 69, e f i she The Act (common and sec secti on provi si 1981 co in fish the cov and wil t ri bal provi de and rep unl awf u Act als and wil a felon speci es forei gn of Novem ly known . 5 of th s 43 and ons of th nsol i date , wi 1 dl i f erage of dl i f e par 1 aw, and s felony eat offen 1 conduct o revises dlife; an y and mis of fish conserva ber 16, 1981 repeals t as the Black Bass Act; e Act of May 25, 1900 44 of title 18, U.S.C. e Lacey Act ) . The Lac s the above two Acts a e, or plants. In addi the present Lacey Act ts or products taken i revises the penalty st punishment for cases i ders would be dealt wi committed after an in marking requirements d specifies in detail demeanor involving the and wi 1 dl i fe subject t tion 1 aws . he Act of May 20 16 U.S.C. 851-8 (16 U.S.C. 667e) (commonly known ey Act Amendment ddressing ill ega tion, the Act br to i ncl ude wi 1 dl n violation of I ructures and amo nvolving specifi th more harshly i t i a 1 conviction for shipment of the differences import and expo o Federal , state 187) or the i on of he der a of ranspor- f whi ch si nee 1 1 u r e , porta- any to e, k or f fecti ve ries ,1926 56); , and as s of 1 trade oadens ife ndi an unts ; c intent for . The fish between rt of , or 83 95 Stat Stat 27 9 1073 Public Law 91-135 Public Law 97-79 Act of December 5, 1969 Act of November 16, 1981 NMFS-79 National Marine Fisheries Service Magnuson Fishery Conservation and Mana gement Act of 1976 (FCMA) 16 U.S.C. 1801 et seq 22 U.S.C. 1978 The Act extends the U.S. exclusive fishery zone from 12 to 200 nautical miles. It provides exclusive management autho- rity over 1) all fish in the fishery conservation zone, except highly migratory species (defined as tuna); 2) all anadromous species throughout their migratory range beyond the conservation zone, with certain exceptions; and 3) all Continental Shelf fishery resources beyond the conservation zone. After wi thi nenta it is reci p each accor f i shi susta harve Fi she deter the S forei mi tte f i she Febr n the 1 she auth rocal forei dance ng wi i nabl sted ry Ma mi ne ecret gn na d wi t ry ma uary 28, 1 200-mi le If fishery orized by pri vi 1 ege gn vessel with the thin the z e yield (0 by vessels nagement C OSY. The ary of Com tions of t h respect ngement au 977, no f zone or f resource an intern s are gra has on bo Act. The one wi 1 1 SY) of ea of the U ounci 1 s , Secreta ry merce, wi he total to any fi thori ty. oreign fishing is authorized or anadromous species or Conti- s beyond such zone unless 1) ational fishery agreement; 2) nted to U.S. vessels; and 3) ard a valid permit issued in total allowable level of foreign be that portion of the optimum ch fish stock which will not be nited States. The eight Regional authorized by the Act, will of State, in cooperation with 11 determine the allocation among allowable level of fishing per- shery subject to exclusive U.S. The Act e and manag lines bas ment of f be prepar issues th Each coas wi thi n i t Commerce affects a authori ty i nsi de th stablishes National Standards for f ement. The Secretary of Commerce w ed on the National Standards, to as ishery management plans. The manag ed by the Regional Councils. The S e plans and promulgates regulations tal state will maintain management s 3-mile terrritorial waters unless finds that state management substan management plan. Federal preempti cannot occur if a fishery is harve e state's territorial waters. ishery c ill e s t a s i s t in ement pi ecretary to impl control the Sec tial ly a on of ma sted pri onservati on blish guide- the develop- ans are to of Commerce ement pi ans . over fish retary of nd adversely nagement nci pal ly NMFS-80 The U.S. will renegotiate any bilateral or multilateral fisheries agreements which conflict with the management concepts of the law. Such agreements must lay before Congress for 60 days of continuous session after the date of Presidential transmittal. Prohibited acts, civil penalties, criminal offenses, and civil forfeitures are set forth in the Act. Enforcement is the responsibility of the Secretary of Commerce and the Secretary of the Department in which the Coast Guard is operating. Appropriate amendments are made to the Fishermen's Protective Act, Marine Mammal Protection Act, and Atlantic Tunas Conven- tion Act. The Act of February 21, 1977, cited as the Fishery Conservation Zone Transition Act, gives Congressional approval to Govering International Fishery Agreements (GIFAs) entered into between the U.S. and Bulgaria, Romania, Taiwan, East Germany, Korea, U.S.S.R., and Poland. It also repealed the implementing legis- lation for the International Convention for the Northwest Atlanti c Fi sheri es . The Act of March 3, 1977, amends the Fishery Conservation Zone Transition Act to give Congressional approval to GIFA's between the U.S. and Japan, South Korea, Spain, and the European .Economic Community (EEC). The Act of July 26, 1977, provides Congressional approval of the U .S. -Canadi an Reciprocal Fisheries Agreement during the period from March 1, 1977, to December 31, 1977. The Act of December 28, 1977, amends the Fishery Conservation Zone Transition Act to give Congressional approval of the GIFA between the U.S. and Mexico. Also amends section 2 of Reorgan- ization Plan No. 4 of 1970 to authorize a General Counsel and five Assistant Administrators, one of whom shall be for Coastal Zone Management and one of whom shall be for Fisheries. The Act of July 1, 1978, waives various requirements of the FCMA to permit U.S. and Canadian fishermen to continue fishing off the coasts of each nation during the period terminating on December 31 , 1978. The Act of August 28, 1978, establishes the authority of the Secretary of Commerce to regulate foreign processing vessels that receive fish from U.S. fishing vessels within the fishery conservation zone. It authorizes the Secretary to allow U.S. fishermen to transfer at sea to foreign fishing vessels only the excess fish which will not be utilized by U.S. fish pro- cessors. The foreign vessels must have a permit from the Secretary authorizing the receipt of the fish. It requires NMFS-81 the Secretary of the Treasury, in cooperation with the Secre- taries of Commerce and State, to submit an annual report to the Congress and the President setting forth (a) a list, by species, of all allocations made to foreign nations by the Secretary of State, (b) all permits issued to foreign nations by the Secretary of Commerce, and (c) all tariff and non-tariff trade barriers imposed by these foreign nations on the impor- tation of such species from the U.S. It provides that fishery management plans promulgated pursuant to the MFCMA must include a finding with respect to the capacity of, and extent to which, domestic processing facilities, on an annual basis, will process fish harvested by U.S. ve-ssels. • The Act of August 15, 1979, prohibits foreign-built fishing vessels flying the U.S. flag from fishing within the 200-mile fishery conservation zone of the U.S., expanding the prior pro- hibition which only applied within 3 miles of U.S. shores. In addition, the Act establishes a procedure designed to protect whales, similar to that established by the "Pelly Amendment" to the Fishermen's Protective Act of 1967. Under section 3 of the Act, the Secretary of Commerce has the authority to certify when- ever nationals of a foreign country are conducting whaling opera- tions or engaging in trade or taking under circumstances which diminish the effectiveness of the International Whaling Commission (IWC). If and when any nation is found to be in violation of the 'IWC by the Secretary, the Secretary of State is required to reduce immediately the unharvested portion of any allocation of fish to such nation under the MFCMA by not less than 50%. Section 4 of the Act provides for the documentation of the Nor- wegian built vessel, Widow Maker, as a vessel of the U.S., allowing the vessel to be used in the coastwise trade or as a charter fishing vessel in the fisheries of the United States. The Act of June 28, 1980, amends sec. 302 of the FCMA of 1976 to authorize the Administrator or NOAA to consult with any Regional Fishery Management Council, prior to the issuance, transfer, modi- fication, or renewance of a license or permit for the purpose of deep seabed mining, if such license or permit activities could adversely affect any fishery within the FCMA or anadromous species or Continental Shelf fishery resource subject of the exclusive management authority of the U.S. beyond such zone. The Act of December 22, 1980, amends the FCMA to provide for a means to reduce foreign fishing within the U.S. fishery conser- vation zone. It also revises the criteria upon which the Secre- tary of State and the Secretary of Commerce shall base determi- nations on the allocation of allowable levels of foreign fishing. NMFS-82 The Act prescribes a higher level of fees to be assessed foreign nations desiring to fish within the fishery conservation zone and establishes a program for observer coverage of foreign fish- ing activities conducted within the fishery conservation zone. The Act also changes the title of the FCMA to read, the "Magnuson Fishery Conservation and Management Act." 90 Stat . 331 Public Law 94-265 Act of April 13, 1976 91 Stat. 14 Public Law 95-6 Act of February 21 , 1977 91 Stat. 18 Public Law 95-8 Act of March 3, 1977 91 Stat . 283 Public Law 95-73 Act of July 26, 1977 91 Stat. 1613 Public Law 97-219 Act of December 28, 1977 91 Stat . 376 Public Law 95-314 Act of July 1 , 1978 92 Stat . 519 Public Law 95-354 Act. of August 28, 1978 93 Stat . 407 Public Law 96-61 Act of August 15, 1979 94 Stat. 533 Public Law 96-283 Act of June 28, 1980 94 Stat . 3275 Public Law 96-561 Act of December 22, 1980 Reports to Congress: Foreign al 1 ocati on--July 1 (annually) NMFS-83 National Marine Fisheries Service Marine Mammal Protection Act of 1972 16 U.S.C. 1361 - 1407 The Act establishes a moratorium on the taking of marine mammals and a ban on the importation of marine mammals and marine mammal products with certain exceptions. The Act provides for the esta- blishment of a three-member Marine Mammal Commission supported by a nine-member Committee of Scientific Advisors on Marine Mammals. The Department of Commerce is given responsibility for whales, porpoises, seals, and sea lions. The Department of the Interior is given responsibility for all other marine mammals. The exceptions to the moratorium are limited. After consultation with the Commission and the Committee of Scientific Advisors, the Secretary (Commerce or the Interior) can issue permits for scienti- fic research and public display, and can waive the moratorium to allow commercial taking and importation. Taking mammals incidental to commercial fishing operations can be done only under a permit from the Secretary. Aleuts, Indians, and Eskimos are allowed to .take marine mammals for certain restricted purposes, such as sub- sistance, and arts and crafts. The Pribilof Islands fur seal pro- gram is exempt from the moratorium but the program must be studied for possible future modification. The Act of July 26, 1978, allows the Japanese salmon fleet fishing in the U.S. fishery conservation zone to take marine mammals incidental to their fishing activities, including Dall porpoises, until June 9, 1981, and after that under a permit. In exchange for this Japan will conduct a joint research program with the U.S. relating to the effects of the salmon fishery on marine mammals. The law establishes civil and criminal penalties for violations of the law and implementing regulations. It also provides authority for an embargo on imports of fish and fish products from countries which allow fishing methods which are not allowed for U.S. fisher- men, or which result in incidental killing or serious injury of marine mammals in excess of United States standards. The Secretary has the responsibility to initiate, through the Secretary of State, international negotiations for agreements which will generally protect marine mammals. The Secretary is also to cooperate with the states in protecting marine mammals, NMFS-84 and may, where state laws conform to the Act, lift the Federal preemption of state law. The Secretary has the authority to make grants to public and private entities for research relevant to marine mammal protection, and to the states to foster marine mammal protection and management programs. The 1977 Act adds a new subsection which (1) prohibits commercial whaling in the U.S. fishery conservation zone and (2) prohibits the Federal Government from authorizing construction of any faci- lity in or near Puget Sound or any other navigable waters in the State of Washington east of Port Angeles, which would enable such facility to handle an increase in the volume of crude oil except for oil to be refined for consumption in Washington State. The Act ing the approac sati sf i mammal technol ment of of inci small n acti vit return coopera i n the Secreta new met f i nanci of 1981 i nci dent hing a ze ed for th safety te ogi cal ly a cooper dental ta umber of ies. It of marine tive Fede waters fr ry of Com hods of 1 al assist provi al ta ro mo e tun chniq pract ati ve ki ng mari n r e v i s mamm ral/s om t h merce ocati ance des t ke of rtal i a pur ues a i cabl syst and a e mam es th al ma tate ree t to u ng an for s hat th mari n ty and se nd e. em sei equ It amo 1 1 ows mal s w e proc nageme proced o 200 nderta d catc uch re e e x i s t i e mammal seri ous ne fishe ipment t also pr ng fishe for the hich may edure wh nt to th ure for miles of ke a pro hing yel search. ng requi to insi in inju ry by th hat are ovides f rmen for i ncident occur d ich prov e states marine m fshore. gram for lowfin t rement of reduc- gnificant levels ry rate, can be e use of marine economically and or the establish the monitoring al taking of a uring other ides for the , and sets up a ammal management It directs the research into una and provide The Act authorizes appropriation to DOC at a million for FY 1982, $8 million for FY 1983, FY 1984. level of and $8.8 $7,230 mi 1 1 i on for 86 Stat . 10 27 Public Law 92-522 Act of October 21 , 1972 90 Stat. 331 Public Law 94-265 Act of April 13, 1976 91 Stat . 1167 Public Law 95-136 Act of October 18, 1977 92 Stat. 380 Publ ic Law 95-316 Act of July 10, 1978 92 Stat . 399 Publ ic Law 95-326 Act of July 28, 1978 95 Stat . 979 Publ ic Law 97-58 Act of October 9 9 1981 Reports to Congress: as suspensions occur NMFS-85 National Marine Fisheries Service Migratory Game Fish Study 16 U.S.C. 760e-760g This A compre of i nt i nhabi i nshor mi grat vari at pol 1 lit It aut 1 i ties person with s of the ct d hens eres ting e wa i on , i ons i on , hori , pu s as tate res i rect i ve c t to offs ters . i den i n s to d zes t rchas nece and earch s the Se ont i nui n recreati hore wat Incl ud tity of urvi val , evelop c he Secre e boats, ssary . other in conduct cretary o g study o onal fish ers and s ed in sue stocks, g and envi onservati tary to a equi pmen The Secre sti tuti on ed pursua f Commer f the mi ermen, i pecies w h study rowth ra ronmenta on pol i c cqui re 1 t , and a tary may s and ma nt to th ce to un gratory ncl udi ng hi ch mi g shall be tes, mor 1 i nf 1 ue ies and ands, co pparatus coopera ke publ i e Act . dertake a marine fish speci es rate through research on tality rates, nces including management, nstruct f aci 11- , and to employ te or contract c the results 73 Stat. 642 Public Law 86-359 Act of September 22, 1959 NMFS-86 National Marine Fisheries Service Milford Shell fi sheries Research Center 16 U.S.C. 760h-760i This Act authorizes the Secretary of the Interior to construct at Milford, Connecticut, a center for shel If isheri es production consisting of research facilities, a pilot hatchery, and a training school. The research center shall be used for basic research on the physiology and ecology of comercial shellfish, development of hatchery methods for cultivation of mollusks, and for training persons in advanced methods of shellfish cul- ture. An appropriation of not to exceed $1,325 million is authori zed.* 75 Stat. 409 Public Law 87-173 Act of August 30, 1961 The 1976 Edition of the U.S. Code Act. The codification note makes zation Plan No. 4 of 1970 and the omits the text of this no reference to Reorgani- transfers made thereunder NMFS-87 ! National Marine Fisheries Service Mussels - Propagation 16 U.S.C. 750-751 This Act authorizes the establishment of a station on the Mississippi River for the rescue of fishes and the propaga- tion of mussels in connection with fish-rescue operations throughout the Mississippi Valley. 42 Stat. 501 Public Law 203, 67th Cong. Act of April 28, 1922 NMFS-88 National Marine Fisheries Service orth Pacific Fisheries Act of 1954 6 U.S.C. 1021-1032 his Act authorizes the Secretary of Commerce to administer and nforce the provisions of the International Convention for the ligh Seas Fisheries of the North Pacific Ocean to which the nited States, Canada, and Japan are parties. Enforcement ctivities under the Act relating to vessels engaged in fishing nd subject to the jurisdiction of the United States are pri- larily the responsibility of the Secretary and the Secretary of he Department in which the Coast Guard is operating. he 1978 Act implements the Protocol Amending the International lonvention for the High Seas Fisheries of the North Pacific Icean, signed on April 25, 1978 (INPFC). It expands the provl- ions applicable to prohibited Acts, civil penalties, criminal iffenses, civil forfeitures, and enforcement patterned after the lagnuson Fishery Conservation and Management Act. )f the four U.S. Commissioners, one must be a U.S. Government )fficial, two must be residents of Alaska, and one must be from lashington State. The non-government Commissioners are eligible ;o serve only if they are knowledgeable or experienced regarding ;he fisheries which are subject to management under the INPFC. rhe Act allows the Japanese salmon fleet fishing in the U.S. Fishery conservation zone to take marine mammals incidental to :heir fishing activities including Dall porpoises, until June 9. 1981, without first obtaining a permit under the Marine Mammal Protection Act. In exchange for this temporary exemption, Japan tfill conduct a joint reseach program with the U.S. relating to the effects of the salmon fishery on marine mammals. 58 Stat . 698 71 Stat. 310 B6 Stat . 784 92 Stat . 399 92 Stat . 207 2 Public Public Public Public Public Law Law Law Law Law 83-579 85-114 92-471 95-326 95-553 Act of August 1 2, 1954 Act of July 24, 1957 Act of October 9, 1972 Act of July 28, 1978 Act of October 30, 1978 NMFS-89 I National Marine Fisheries Service The Northern Pacific Halibut Act 16 U.S.C. 773 note. The Act provides authority to the Department of Commerce, Coast Guard, and the Customs Service to enforce provisions of the Convention between the United States and Canada for the preservation of the halibut fishery of the North Pacific Ocean and the Bering Sea. The Act of May 17, 1982 repeals the Act of 1937, as amended (50 Stat. 325, 67 Stat. 494, 79 Stat. 902). This Act pro- vides authority to the Secretary of Commerce and the North Pacific Fishery Management Council to establish a system of limited access to halibut fishery resources, provided that such a system comports with all of the requirements of the MFCMA. It also authorizes the Secretary of State to pro- vide office space for the International Pacific Halibut Commission, on or near the campus of the University of Washington in the State of Washington. In addition, the Act grants rural coastal villages in Alaska the opportunity to establish a commercial halibut fishery in areas in the Bering Sea during a three-year development period. The Act authorizes appropriations for fiscal year 1983. 50 Stat 67 Stat 79 Stat 97 Stat 3 25 494 90 2 78 Public Public Public Public Law Law Law Law 75-169 83-228 89-233 97-176 Act of June 28, 1937 Act of August 8, 1953 Act of October 1 , 1965 Act of May 17, 1982 NMFS-90 National Marine Fisheries Service Northwest Atlantic Fisheries Act of 1950 16 U.S.C. 981-991 This Act national The 1968 of animal amendment and autho the conse vessels o Conventi o into conf authorized enforcement of the provisions of the Inter- Convention for the Northwest Atlantic Fisheries (ICNAF). amendment added a new definition to include all forms life (mammals) covered by the Convention. The 1971 changed the Act to provide for certain regulations rized inspectors from any signatory nation to enforce rvation regulations with regard to nationals and f all signatory nations in the area covered by the n. Other provisons of the amendment brought the Act ormity with Reorganization Plan No. 4 of 1970. The 1973 amendment permited U.S. participation in international enforcement of fish conservation in additional geographic areas (off the Mid Atlantic coast from Long Island to Cape Hatteras) pursuant to ICNAF. The Act of February 'tion for ICNAF. 21, 1977, repealed the implementing legisla- 64 Stat . 1067 82 Stat. 419 85 Stat . 310 88 Stat . 293 91 Stat. 18 Public Public Public Public Public Law Law Law Law Law 81-845 90-420 92-87 93-339 95-6 Act of September 27, 1950 Act of July 24, 1968 Act of August 11 , 1971 Act of July 10, 1973 Act of February 21 , 1977 NMFS-91 National Marine Fisheries Service Offshore Shrimp Fisheries Act 16 U.S.C. 1100b note. This Act implements the U.S. -Brazil Fishing Agreements of May 9, 1972, and March 14, 1975, which provide for a specified area off the Coast of Brazil in which U.S. vessel may fish for shrimp. It also declares a number of Crustacea, including the American lobster, mollusks, and sponges, as Continental Shelf Fishery Resources. The Secretary of Commerce is authorized to issue permits to vessel owners for U .S. -documented vessels to engage in fishing in the area of agreement. In addition, the 1975 Act adds further limitations on the number of vessels that can be in the area. The Act establishes an Offshore Shrimp Fisheries Fund in the Treasury to be used by the Secretary of Commerce to make payments for enforcement expenses as provided for in the Treaty. •Each master or other person in charge of a vessel subject to a permit under this Act shall keep a logbook. This information is to be treated as confidential commercial information. How- ever, the Secretary has the authority to require by subpoena the production of all such logbooks, records, or other informa- ti on . Prohibitions are listed in the Act. Enforcement shall be per- formed jointly by the Secretary of Commerce, the Secretary of the Department in which the Coast Guard is operating, and the Secretary of the Treasury. Also, any authorized law enforcement officers of the Government of Brazil, exercising responsibility under the treaty, shall be empowered to act on behalf of the United States to enforce the provisions of the treaty in the area of agreement. The provisions of this Act expired Sept. 30, 197.7, except for the section declaring creatures of the shelf. 87 89 Stat Stat 1061 266 Public Law 93-242 Public Law 94-58 Act of January 2, 1974 Act of July 24, 1975 NMFS-92 National Marine Fisheries Service Outer Continental Shelf (PCS) Lands (Fishermen's Contingency Fund) 43 U.S.C. 1801 Act Amendments of 1978 Title IV of the OCS Act authorizes the Secretary of Commerce to establish a $1 million Fishermen's Contingency Fund in the U.S. Treasury to be used as a revolving fund for the purpose of compensating fishermen for damages to fishing vessels, gear, and any resulting economic loss due to activi- ties related to OCS oil and gas exploration, development, or production. The Secretary of the Interior is authorized to collect fees from holders of leases, permits, easements, or rights-of-way in those areas and deposit them in the Fund. The Secretary of Commerce has authority to create and main- tain area accounts within the Fund for any area of the Outer Continental Shelf. The Act contains provisions which (1) require the marking of OCS equipment to identify the party responsible for it and provide for the payment of claims; (2) establish certain 'presumptions about the validity of claims; (3) provide for adjudication of claims; (4) require an annual report to the Congress; and (5) require the Secretary to conduct a two-year survey of obstructions on the OCS which could pose hazards to commercial fishing, and to develop appropriate identifying charts . 92 Stat. 629 Public Law 95-372 Act of September 18, 1978 NMFS-93 National Marine Fisheries Service Oysters - Propagation of Disease 16 U.S.C. 760J-760 1 This Act authorizes the Secretary of the Interior, with respect to states where excessive oyster mortality presents an immediate and substantial threat to the industry's economic stability, to acquire oyster broad stock resistant to the disease causing the mortality, and to distribute such brood stock to the States concerned in accordance with coopera- tively developed plans. It also authorizes the making of grants to states to assist in the financing of research and other activities necessary in the development of disease- resistant strains of oysters.* 76 Stat. 356 Public Law 87-580 Act of August 9, 1962 The 1976 Edition of the U.S. Code omits the text of both Acts. Codification note makes no reference to Reorgani- zation Plan No. 4 of 1970 and the transfer made thereunder NMFS-94 National Marine Fisheries Service Pacific Northwest Electric Power Planning and Conservation Act 16 U.S.C. 839 The cal Colu cons reso quat Bonn for miss the agen util purpos consum mbi a R ervati urces, e powe evi 1 le the sa ion of genera cy cus ity cu e of ers o i ver on , t and r sup Powe le an non- 1 req tomer stome the Act f the Pa Power Sy o encour to assur ply. Un r Admini d dispos Federal u1 rement s with t rs. is to prov cific Nort stem to ac age the de e the regi der the Ac stration, ition of e power, and s of publi he Pacific ide assistance to the electri- hwest through the Federal hieve cost-effective energy velopment of renewable energy on of an efficient and ade- t, the Administrator of the is directed to establish rates lectric power and the trans- electric power sold to meet c, cooperative, and Federal Northwest, and electric The Act establishes the Pacific Northwest Electric Power and Conservation Planning Council composed of representatives from the States of Washington, Orgeon, Idaho, and Montana to adopt a comprehensive program to protect, mitigate, and enhance fish and wildlife, including related spawning grounds and habitat, particularly anadromous fish affected by the development and operation of any hydroelectric project of the Columbia River and its tributaries. 94 Stat. 2697 Public Law 96-501 Act of December 5, 1980 NMFS-95 National Marine Fisheries Service Pacific Northwest Salmon and Steelhead Conservation and and Enhancement Act of 1980 16 U.S.C. 3301 The Act of December 22, 1980, combines two major pieces of legis- lation into a single law. Title I of the Act establishes a salmon and steelhead management and enhancement program applying to the Columbia River and the State of Washington. The Secretary is authorized to establish a program to provide grants to prepare for a coordinated research, enforcement, enhancement, and management program ($3 million is authorized for this purpose). The Secretary of the Interior, in consultation with the Secretary of Commerce, will provide grants for enhancement projects as part of a comprehensive plan. An amount of $45 million is authorized for the 10-year period beginning on October 1, 1982 for Washington, and $25 million is authorized for the same period for the Columbia River. Also authorized is $7 million for steelhead enhancement for both States for the same period of time. The Secretary of Commerce is autho- rized to implement a commercial and charter fishing vessel buy- back program. This program would be based on a plan submitted by the State of Washington ($37.5 million is authorized for the buy- back program for the 5-year period). A separate authorization at a level of $5 million is provided to the Secretary of Commerce for the purpose of developing fisheries port facilities in the State of Oregon. A separate section of the Act gives Congressional approval to the United States-Portugal Governing International Fisheries Agree- ment . 94 Stat. 3275 Public Law 96-561 Act of December 22, 1980 NMFS-96 National Marine Fisheries Service Pacific States Marine Fishery Commission Not Codified The Act o Congress of the fi Pacific c The compa Departmen the Commi named sta i nqui ry a and condi preventio Ocean. f July to an sheri e oast, ct des t of t ssion te.* nd asc tions n of t 24, i nter s (ma creat i gnat he In coope The d ertai for b he de 1947 gr state c rine, s ing the es the t e r i o r rati ng uty of n such ringing pletion ants th ompact hel 1 , a Pacifi Fish an as the with th the Com methods about of the e con relat nd an c Mar d Wil prima e res mi ssi , pra the c fish sent and approval of ing to the utilization adromous) of the ine Fisheries Commission dlife Service of the ry research agency of earch agencies of each on shal 1 be to make ctices, circumstances, onservation and the eries of the Pacific The Act of October 9, 1962 amends the Pacific Marine Fisheries Compact to extend the participation in such compact to the States of Alaska and Hawaii and any other state having rivers or streams tributary to the Pacific Ocean. The Act of July 10, 1970 amends the compact to authorize the compacting states to limit the production of fish or fish products for the purpose of establishing or fixing the prices thereof. 61 Stat. 418 76 Stat. 763 84 Stat. 415 Publ ic Public Public Law Law Law 8-23 2 87-766 91-315 Act of Act of Act of July 24, October July 10, 1947 9, 1962 1970 *Since the Acts have not been codified, there is no mechanism for indicating the transfer of responsibilities affected by Reorganization Plan No. 4 of 1970. NMFS-97 National Marine Fisheries Service Pollution from Ships (MARPOL) - Fisheries Loan Fund 33 U.S.C. 1901 The Act implements the Protocol of 1978, known as the "Marpol Protocol," to protect the marine environment through the esta- blishment of pollution prevention standards and other require- ments for tankers. The Act delegates to the Secretary of Transportation the authority to administer the Act. The Act requires that port owners maintain "reception facilities," holding tanks, or other secure storage facilities for oil and hazardous wastes which a ship might carry in ballast after delivering a cargo. In addition, the Act extends the Fisheries Loan Fund through FY 82 at a level of $6 million to provide loans to vessel owners who have been adversely affected by current economic conditions, including those whose vessel financing was guaran teed by the Government under the Fishing Vessel Obligation Guarantee Program. '94 Stat. 2297 Public Law 96-478 Act of October 21 , 1980 NMFS-98 National Marine Fisheries Service Act of July 1, 1954, as amended (sometimes known as the Salton- stall -Kennedy (S-K) Act of 1954) ~ 15 U.S.C. 713c-3 The Act Act of A with the broader annual ly under th U.S.C. 6 from cus to be ma Commerce products gi cal , b be used o p e r a t i o duct i ng to devel conduct Ameri can Corporat rei mburs of July 1,19 ugust 11 , 193 purchase and 1954 Act dire to the Secre e terms of se 1 2c ) , an amou toms duties c i ntai ned i n a to promote t by conductin i ol ogi cal , an for purchase n, and mainte the research op and increa bi ol ogi cal , t fisheries, ions are auth ement, vessel 54, w 9 (53 di st cts t tary cti on nt eq ol lee sepa he f r g a f d rel or ot nance autho se ma echno Agenc ori ze s or as enac Stat, ri butio he Seer of Comm 32 of ual to ted on rate fu ee flow i shery ated re her acq of ves ri zed . rkets f 1 ogi cal i es of d to tr equi pme ted as an 1411). Th n of surpl etary of A erce, from the Agricu 30 percent fishery pr nd and use of domest educati ona search pro ui si ti on , sels or ot In a d d i t i or domesti , or other the United ansfer to nt for the amende e 1939 us f is gri cul funds 1 tural of th oducts d by t ical ly 1 serv grams . constr her fa on , th c f i sh resea State the Se acti v d sectio Act dea hery pro ture to made av Adjustm e gross Such he Secre -produce ice, and The fu ucti on , ci 1 i ti es e funds ery prod rch pert s and Go cretary , i t i e s a u n 2 o It on ducts trans ai 1 ab ent A recei funds tary d fis tech nds m equi p for may b ucts ai ni n vernm wi th thori f the ly . The f er le ct (7 pts are of hery nol o- ay also ment , con- e used and to g to ent out zed . The Secretary is directed to cooperate with appropriate agencies of Federal, State, and local governments, private agencies, organiza- tions, and individuals having an interest in fisheries in carrying out the activities authorized by the Act. The Secretary is authorized to retransfer to Agriculture not more than $1.5 million to be used for the purchase and distribution of surplus fishery products (see Acquisition and Disposal of Surplus Fishery Products, page 17). The Act of December 22, 1980, makes a number of amendments to the Saltonstal 1 -Kennedy (S/K) Act relative to the availability and use of funds for fisheries research and development projects. It autho rizes the Secretary of Commerce to appoint six U.S. fishery trade officers to promote U.S. fishing interests. 68 Stat 70 Stat 79 Stat 97 Stat 376 11 24 1311 3 27 5 Public Public Public Public Law Law Law Law 83-466 84-1024 89-348 96-561 Act of July 1 , 1954 Act of August 8, 1956 Act of November 8, 1965 Act of December 22, 1980 NMFS-99 National Marine Fisheries Service Sockeye Salmon or Pink Salmon Fishing Act of 1947 16 U.S.C. 776-776f This Act provides for the implementation and enforcement of the terms of the Convention between the United States and Canada for the protection, preservation of the sockeye salmon fisheries of the Fraser River system, signed at Washington on May 26, 1930, as amended by the protocol to the convention of December 28, 1956 which added pink salmon. The Act was amended October 18, 1972, to provide an additional appropriation authorization of $7,000,000 for the United States share of costs and expenses incident to the development and construction of salmon enhancement facilities pursuant to the program approved by the Commission for restoration and exten- sion of the sockeye and pink salmon stocks of the Fraser River system. $1 Stat. 511 Public Law 80-255 Act of 71 Stat. 293 Public Law 85-102 Act of 86 Stat 907 Public Law 92-504 Act of July 29, 1947 July 11 , 1957 October 18, 1972 NMFS-100 National Marine Fisheries Service Sponge Act 16 U.S.C. 781-785 This Act regulates the taking or catching of sponges in the waters of the Gulf of Mexico and Straits of Florida outside of state jurisdiction. It also regulates the landing, delivery, curing, selling, or possession of sponges. It sets a minimum wet size of sponges allowed at five inches maximum diameter; provides a maximum fine of $500 and a lien against vessel used in committing violation; vests the Secre- tary of Commerce with responsibility for enforcing the Act and authorizes him to request the use of Coast Guard craft and employees of Customs Service to assist in enforcement. The Act of August 15, 1914, repeals an earlier act for the regulation of the sponge fishery (Act of June 20, 1906; 34 Stat. 313). The amendment made by the Act of August 4, 1949, concerns only a change from the Revenue Cutter Service to the Coast Guard in describing enforcement procedures. 38 Stat. 692 Public Law 172, 63rd Cong. 63 Stat. 495, 561 Public Law 81-207 Act of August 15, 1914 Act of August 4, 1949 NMFS-101 National Marine Fisheries Service Tuna Conventions Act of 1950 16 U.S.C. 951-961 22 U.S.C. 2672a - 2672b The Act provides for the appointment of Commissioners and Advisory Committees for the Inter-American Tropical Tuna Commission. It authorizes the approval or disapproval of annual programs of the Commission and regulations of the Commission requiring the submission of records of operations by persons participating in the fishery covered by the Convention. The Comm of t of s Stat of t sust cone •i nto are ti ve Act erce he I uch e, c una ai ne urre the bei n ness of to nter reco once at 1 d ca nee Uni g us of ctob i ssu -Ame mmen mi n evel tch . of t ted ed i the er 15, e regu ri can dati on g prop sofa Regu he Sec States n a ma Commi s 1962, 1 ati on Tropic s by t osal s bundan 1 ati on retary of fi nner t si on ' s auth s to al Tu he Se desi g ce wh s may of S sh f r hat t cons on zes carry o na Comm cretari ned to i c h w i 1 al so b tate pr om any ends to ervat i o the ut r i ssi es o keep 1 pe e i s ohi b coun dim n re Secret ecomme on , up f Comm the p rmi t t sued w i ti ng try wh i ni sh commen ary of ndati ons on approval e r c e and opul ati ons he maximum ith the the entry ose vessels the effec- dati ons . The Act of October 9, 1972, repeals section 5 of the 1950 Act which provides that service of individuals appointed as U.S. Commissioners shall not be treated as service for the purposes of certain sections of Title 18, Crimes and Criminal Procedures, and Title 5, Government Organizations and Employees. 64 Stat . 777 Public Law 81- -764 76 Stat . 9 23 Public Law 87- -814 86 Stat . 787 Public Law 9 2- ■ 471 94 Stat . 1069 Public Law 96- -339 Act of September 7, 1950 Act of October 15, 1962 Act of October 9, 1972 Act of September 4, 1980 NMFS-102 National Marine Fisheries Service Whale Conservation and Protection Study Act 16 U.S.C. 917 note. This Act requires the Secretary of Commerce to conduct compre- hensive studies of all whales found in waters subject to the jurisdiction of the United States, including the 200-mile fisheries conservation zone established under the MFCMA, and to report to the Congress of the results of these studies, together with recommendations for legislation action, by January 1, 1980. All Federal agencies are required to cooper- ate with the Secretary of Commerce in preparing the study and recommendati ons . In addition, the Act directs the Secretary of Commerce, through the Secretary of State, to initiate negotiations for bilateral agreements with Mexico and Canada for the protection of whales, whal es. 90 Stat. 249 Public Law 94-532 Act of October 17, 1976 Report submitted to Congress: March, 1979 NMFS-103 National Marine Fisheries Service Whaling Convention Act of 1949 16 U.S.C. 916-916 1 22 U.S.C. 2672a - 2672b. This Act provides for the licensing, enforcement of regu- lations, and research to assist the International Whaling Commission established by the International Convention for the Regulation of Whaling signed at Washington, December 2, 1946. The Act of August 15, 1979, the Department of State Authori- zation Act FY 80-81, makes a declaration by the Congress urging a moratorium on the commercial killing of whales. 64 Stat. 421 Public Law 81-676 Act of August 9, 1950 93 Stat. 403 Public Law 96-60 Act of August 15, 1979 NMFS-104 Office of Coastal Zone Management Coastal Zone Management Improvement Act 16 U.S.C. 1451 note. 43 U.S.C. 1801 The Act of October 27, 1972, authorized the Secretary of Commerce to make grants and enter into contracts with any coastal state for purposes of developing and implementing a management program for the coastal zone, and for acquir- ing and operating estuarine sanctuaries. The Act of July 26, 1976, incorporates additional planning require- ments (beach access, energy facilities, and shoreline erosion) as well as additional funding for grants, loans, and bond guarantees to a coastal state to deal with impacts resulting from coastal energy activities. It also authorized grants for interstate projects and for researach and technical assi stance. Title V tal Shel changes level fo for the envi ronm i ncrease for a pe al 1 ocati i ncorpor and a mi 308(b) i i ndi vi du addi ti on fiscal y trati ve manageri of the Act of September 18, f Lands Act Amendment of 19 in the CZMA of 1972, as ame r the formula grants under financing of public facilit ental costs associated with d from $50 million annually Mod of ten years (1979-198 ng these grants to affected ated into the CZMA. Also, nimum of 2 percent of the a s established as ceiling an al coastal state may receiv , a new section 308(c) (2) ear 1983 for grants to help requirements in relation to al aspects of the Federal 1 1978, t 78", mak nded. T secti on i es , pub OCS ene to $130 9). A n coastal a maximu mount ap d floor e i n a f provi des states the pol easing p he "Oute es subst he autho 308(b) o lie serv rgy acti million ew formu states m of 37- propri at amounts iscal ye $5 mill fulfill icy, ope rogram. r Continen- anti al r i z a t i o n f the CZMA ices, and v i t i e s , is annual ly 1 a for is to be 1/2 percent ed under sec. which any ar. In ion through thei r admi ni s ration, and The Act of October 20, 1980, authorizes the Secretary to make grants up to 90% of the cost of administering a state's Federally approved coastal zone management plan; and to provide 50% match- ing grants to coastal states to acquire, develop, or operate estuarine areas and also for preservation of islands. No grant for acquisition of land may be made without the approval of the Governor of the state in which is located the land proposed to be acqui red . CZM-105 In addition, the Act authorizes appropriations through FY 85 at a level of $48 million for administrative grants, $20 million for resource management improvement grants, $3 million for interstate grants, $9 million for estuarine sanctuaries, and $6 million for program administration funds. It also provides $75 million each for fiscal years 1980 through 1988 for OCS formula grants and funds at a level of $150 million for planning, OCS participation, and coal and alternative ocean energy impacts. 86 88 90 92 94 Stat Stat Stat Stat Stat 1 280 1974 1013 6 29 2060 Public Publ ic Public Public Public Law Law Law Law Law 92-583 93-612 94-370 95-372 96-464 Act of October 27, 1972 Act of January 2, 1975 Act of July 26, 1976 Act of September 18, 1978 Act of October 17, 1980 Reports to Congress: April 1 (biennially) CZM-106 Office of Coastal Zone Management Marine Protection, Research, (Mari ne Sanctuari es ) 16 U.S.C. 1431 and Sanctuaries Act of 1972 Title desi g seawa water Lakes servi recre desi g Secre tati o Agenc Presi the t and s def i n Secre to th any s of th i n th III nate rd as s whe and ng or ati on nati o tarie n , an y. T dent, erri t eabed ed in tary e vie tate e des e coa of th as ma the re th thei r rest al , e n , th s of d the he Se If ori al with the must ws of thus i gnat stal e Act ri ne outer e tid conn ori ng col og e Sec State Ad mi creta the d 1 imi i n th Subme f i rst , sta i nvol i on . area authori z sanctuari edge of e ebbs an ecting wa such are i cal , or retary is , Defense ni strator ry must a esi gnatio ts of any e seaward rged Land consult te offici ved has a A publ i c affected es the Sec es areas o the Contin d flows, o ters, for as for the esthetic v requi red , the Inte of the En lso obtain n is to in state or boundary s Act (43 with, and al s i nvol v veto powe hearing i prior to t retary of Comme f ocean waters ental Shelf, co r waters of the the purpose of i r conservation alues. Before to consult with rior, and Trans vi ronmental Pro the approval o elude waters wi waters over the of a coastal st U.S.C. 1301(b)) give due consid ed. The Govern r over all or a s requi red to b he designation. rce to as far astal Great pre- > such the por- tecti on f the thin subsoi 1 ate as , the erati on or of ny part e hel d The Secretary, in consultation with other interested Federal agencies, shall issue regulations to control any activities permitted within the designated sanctuary. Civil penalties for violation of the regulations are provided. The Act o grant to same cons of states 301). It shall bee disapprov of Congre i ncl uded a 60-day the desig his State after dis gress, on f August 29, 1980 amends Title III of the Act to elected Governors of territories or possessions, the ultation and disapproval rights granted to Governors in the marine sanctuary designation process (sec. provides that the designation of a marine sanctuary ome effective unless part of all of its terms are ed by a concurrent resolution adopted by both Houses ss, or the Governor of a state whose waters are in the designated marine sanctuary certified (within period after publication of the designation) that nation or specific terms of it are unacceptable to If the Secretary does not withdraw the designation approval or modification by a Governor or the Con- ly those portions of the designation not certified as CZM-107 unacceptable or disapproved will take effect. The Act requires the Secretary, after consultation with other Federal and state agencies, to issue regulations to control activities and provides that all permits, licenses, and other authorizations issued pur- suant to any other authority shall be valid unless such marine sanctuary regulations otherwise provide. The Act also authorized appropriations at a level of $2,250 million for fiscal year 1981 (sec. 304). The Act of December 26, 1981, created the national marine sanctuaries program which requires the Secretary of Commerce, through NOAA and with the President's approval, to designate a marine sanctuary. In addition, it authorizes appropriations for title III at a level of $2,235 million for fiscal years 1982 and 1983. 89 Stat. 303 Public Law 94-62 Act of July 25, 1975 90 Stat. 7 25 Public Law 94-326 Act of June 30, 1976 94 Stat. 1057 Public Law 96-332 Act of August 29, 1980 95 Stat. 151 2 Public Law 97-109 Act of December 26, 1981 CZM-108 Office of Coastal Zone Management Outer Continental Shelf (PCS) Lands Act of 1978 43 U.S.C. 1801 - 1845 Titl to e U.S. of c gear rela duct coll ri gh The an a Act ment the the requ tion and e IV stabl Trea ompen , and ted t i on . ect f ts-of Secre rea a conta to i payme val id i re t s on to de of the i sh a $ sury to sati ng any re o OCS o The Se ees fro -way i n tary of ccounts ins pro denti fy nt of c ity of he Seer the OCS velop a OCS Act 1 milli be use f i sherm suit i ng i 1 and cretary m holde those Commer wi thi n vi si ons the pa laims ; cl aims ; etary t whi ch ppropri auth on Fi d as en fo econ gas e of t rs of areas ce ha the whi c rty r estab proy o con coul d ate i onzes shermen a revol r damag omic lo xpl orat he Inte leases and de s autho Fund fo h requi e s p o n s i 1 i s h c e ide for duct a pose h denti fy the S 's Co ving es to ss du ion , ri or , per posit ri ty r any re th ble f rtai n adju two-y azard ing c ecret nting fund fish e to deyel i s au m i t s , them to cr area e mar or it pres dicat ear s s to harts ary o ency for t ing v a c t i v opmen t h o r i ease i n t eate of t king and umpti ion o urvey comme f Commerce Fund in the he purpose essel s , i t i e s t, or pro- zed to ments, or he Fund, and maintain he OCS. The of OCS equip- provide for ons about f claims; and of obstruc- rcial fishing; Title Manag the f f i nan costs $50 m years af fee a max amoun and f in a $5 mi fill opera V of ement ormula c i n g o assoc i 1 1 i on (1979 ted co i mum o t appr I oor a f i seal I I i o n their ti on , the Act m Act of 19 grants u f publ i c iated wit annual ly -1989). astal sta f 37-1/2 opri ated mounts wh year. I through f admi ni str and manag akes 72, a nder faci 1 h OCS to $ A new tes i perce under i ch a n add i seal ati ve eri al subst s ame secti i ti es ener 130 m form s to nt an sect ny i n i ti on year requ aspe a n t i a 1 nded. on 308 , publ gy act i 1 1 i on ul a f o be inc d a mi ion 30 di vi du , a ne 1983 i remen cts of chan The (b) o i c se i vi ti annu r all orpor nimum 8(b) al co w sec for g ts i n the ges i n a u t h o r i f the C rvi ces , es , is ally fo ocati ng ated in of 2 p is esta astal s tion 30 rants t relati Federal the C zati o ZMA f and i ncre rap thes to th ercen blish tate 8(c) o hel on to 1 eas oasta n 1 ev or th envi r ased eri od e gra e CZM t of ed as may r (2) P p sta the ing p 1 Zone el for e onmental from of ten nts to Ae Also the ceiling ecei ve rovi des tes ful- policy, rogram. The Act of June 30, 1982, amended title IV of the OCS Act to raise the ceiling on the maximum amount of money that can be collected from $1 million to $2 million in the general Fund, and provides for payment of up to 25% of gross income lost as a result of a damage or loss from which a claim arises. CZM-109 The Secretary of Commerce is responsible for decisions on all claims. The Act also extends the filing period for claims from 5-days after the discovery of a damage to 15-days after the fishing vessel returns to port. In addition, the Act extends several bilateral international agreements under which foreign vessels fish in the U.S. 200-mile fishery conservation zone. 92 Stat. 629 96 Stat. 143 Public Law 95-372 Public Law 97-21 2 Act of September 18, 1978 Act of June 30, 1982 CZM-110 Office of Research and Development Chesapeake Bay Research 16 U.S.C. 3001 The purpose of the Act is to provide for the rational and effective coordination of Federally-conducted and supported research aimed at increasing fundamental knowledge in support of the management of the Chesapeake Bay area. It directs the Secretary of Commerce to establish an Office for Chesapeake Bay Research Coordination which shall serve as the staff of the Chesapeake Bay Research Board. The Office shall be headed by a Director who shall be appointed by the Secretary of Commerce in consultation with the Administrator of EPA, and the Secretaries of the Army, the Interior, and the Smithsonian Insti tut ion . The Office shall identify Federal and state research programs relating to the Bay area for the purpose of promoting under- standing, improved management, and protection of the marine or coastal -rel ated resources (including such things as water quality, coastal zone management, navigation, shoreline erosion, wetlands, fisheries, shellfish, and wildlife). They shall also .establish a Chesapeake Bay Research Exchange for the purpose of facilitating the identification, acqusition, retrival, dissemi- nation, and use of information concerning all research projects which are conducted in or affect the Chesapeake Bay area. A Chesapeake Bay Research Board shall be established to be made up of 15 members (four each to be selected by the Governors of Maryland and Virginia, and seven by the Secretary of Commerce in consultation with other Federal agency heads). The Board shall develop a Chesapeake Bay Research Plan and evaluate Federal research programs. Funds shall be provided to the Office in the amount of $500,000 for each of fiscal years 1982, 1983, and 1984. n, 94 Stat. 2044 Public Law 96-460 Act of October 5, 1980 Reports Due : The Board shall submit an annual report: to Congress and the Governors of Maryland and Virginia on research programs pertaining to the Bay area and their relationship t# the Plan; and the General Accounting Office shall submit to the Congress at the end of FY'84 an evaluation of the effectiveness of the Office, Board, and the Act. RD-111 Office of Research and Development Comprehensive Environmental Response, Compensation, and Liability Act of 1 98ff (Hazardous Substances) 42 U.S.C. 9601 The Act provides a system of response, liability, and com- pensation for releases of hazardous substances and hazardous wastes, excluding oil. Under the Act, certain funds are established for the payment of cleanup costs, out-of-pocket medical expenses for victims of chemical poisons, and natural resource damages (including the resources of the fishery con- servation zone established by the Magnuson Fishery Conserva- tion and Management Act of 1976), and any other resources belonging to, managed by, or controlled by the United States, any state or local government, or any foreign government. The Act also establishes a strict liability for the release of hazardous wastes that require cleanup, and mandates remedial Government response to releases of hazardous substances. Civil penalties for violation of the regulations are provided. The Act creates a Hazardous Substance Response Trust Fund to pay for certain losses. A claim against the Fund may only be asserted by the President, as trustee for the natural resources covered by the Act. Executive Order 12316, dated August 14, 1981 delegated the Secretary of Commerce as trustee for marine resources. The Secretary, in turn, delegated the trusteeship to the Administrator of NOAA. 94 Stat. 2767 Public Law 96-510 Act of December 11, 1980 RD-11 2 Office of Research and Development Marine Protection, Research, (Ocean Dumping) 33 U.S.C. 1401 and Sanctuaries Act of 1972 Title I of the Act establishes a system to regulate the trans- portation of materials from the United States for dumping into ocean waters over which the United States has jurisdiction, direct or implied under international law, in order to protect its territory or territorial sea. This title is administered by the Administrator of the Envi ronmental Protecti on Agency, the Secretary of the Army, and the Secretary of the Department in which the Coast Guard is operating. Title II of the Act directs the Secretary of Commerce, in cooperation with the Administrator of the Environmental Protec- tion Agency and the Secretary of the Department in which the Coast Guard is operating, to initiate a comprehensive and con- tinuing program of monitoring and research regarding the effects of ocean dumping. The Secretary of Commerce, in consultation with other appropriate Federal entities, is directed to initiate a comprehensive and continuing program of research with respect to possible long-range effects of pollution, overfishing, and man-induced changes of ocean ecosystems. In carrying out these responsibilities, the Secretary is auth- orized to utilize the resources of other Federal entities, in- cluding the Coast Guard, for monitoring purposes. The Secre- tary is to cooperate with and render financial and other assis- tance to public authorities at all levels, private institutions, and individuals to promote coordination of research, investi- gations, and studies to determine the means of minimizing or ending all dumping of materials. The Act of October 6, 1980, amends section 203 of the existing law, to transfer authority from NOAA to the Environmental Pro- tection Agency (EPA) to conduct studies on land-based alterna- tives to ocean dumping. It directs the Secretary of Commerce, acting through NOAA, to make scientific assessments of damages to natural resources from spills of petroleum or petroleum products (sec. 202). RD-113 The Act conside the pur tlon to a study for the rials f Admi n1s Commerc industr strator conduct of a ne ful to envi ron of Decemb r the wate poses of o Title II to assist removal o rom sewage trator of e, may iss ial waste determine research w or littl the human ment, ecol er 22, 1980, rs of Long I cean dumping to direct th the city of f heavy meta sludge (sec EPA, after c ue permits u into the oce s that the p on new techn e understood health, welf ogical syste amends section 106 of th sland Sound as ocean wate regulations. It adds a e Administrator of EPA to New York in evaluating o Is and other toxic organi . 205). After Dec. 31 , 1 onsultation with the Seer nder Title I for the dump an waters, only if the Ad roposed dumping is necess ology or whether the ocea substance will, in fact, are, or amenities, or the ms, or economic potential e Act to rs for new sec- conduct ptions c mate- 981 , the etary of ing of mi ni - ary to n dumping be harm- mari ne s. 86 Stat. 1052 88 Stat. 50 88 Stat. 1430 89 Stat. 303 ,90 Stat. 725 91 Stat. 1255 94 Stat. 1523 94 Stat. 3344 95 Stat. 100 Publi (Tit Publi (Ti Publi (Ti Publi (Titl Publi (Titl Publi (Tit Publi (Ti Publi (Tit Publi (Ti c Law les I c Law tie I c Law tie I c Law es II c Law es II c Law les I c Law tie I c Law les ( c Law tie I 92-532 & II) 93-254 93-472 94-62 & III) 94-326 & III) 95-153 & II) 96-381 I) 96-572 & II) 97-16 ) Act of Oct. 23, 1972 Act of Mar. 22, 1974 Act of Oct. 26, 1974 Act of July 25, 1975 Act of June 30, 1976 Act of Nov. 4, 1977 Act of Oct. 6, 1980 Act of Dec. 22, 1980 Act of June 23, 1981 RD-114 Office of Research and Development National Sea Grant College and Program Act 33 U.S.C. 11 21 The Act of June 17, 1966, authorized the National Science Foundation to initiate and support programs at sea grant colleges and other institutions, through grants and con- tracts, for necessary research, education, and advisory services in the various fields related to the development of marine resources. A transfer of functions accomplished by Reorganization Plan No. 4 of 1970 places this authority within the Department of Commerce. The Act of October 8, 1976, amended the earlier legislation to authorize grants for both national and international projects for the development and conservation of the ocean and coastal resources through the promotion of a strong educational base. The Act of June 28, 1980, instructs the Director of the Office of Sea Grant/NOAA to encourage cooperation and coor- dination with other Federal programs concerned with ocean and coastal resource conservation and usage; permits members of the Sea Grant Review Panel to serve two full terms; brings the Great Lakes specifically within the mandate of the basic statute; and provides for the renting of rooms to conduct meetings with potential beneficiaries of Sea Grant Services. In addition, the Act authorizes funds for the Sea Grant pro- grams for fiscal years 1981-1983 to be provided to colleges and universities for marine related research, education, and advisory services. 80 Stat . 203 Publi c Law 89-454 80 Stat . 999 Publi c Law 89-688 82 Stat . 704 Publi c Law 90-477 90 Stat . 1961 Publ- c Law 94-461 91 Stat . 254 Publi c Law 95-58 92 Stat . 999 Publ- i c Law 95-428 94 Stat . 605 Publi c Law 96-289 Act of June 17, 1966 Act of October 15, 1966 Act of August 11,1 968 Act of October 8, 1976 Act of June 29, 1977 Act of October 7, 1978 Act of June 28, 1980 RD-115 Office of Research and Development Low-Level Radioactive Waste Policy Act 4 2 U.S. C. 20 21b. The Act level ra responsi adequate into com operati o Act give di sposal waste ge ment act Energy t on matte waste. establ i di oacti ble for ly mana pacts w n of re s respo of def nerated i vi ti es o submi rs rela shes ve wa ensu ged. i th o gi ona nsi bi ense- as a . Al tar ted t a Fede ste. ri ng t The A ther s 1 di sp lity t genera resul so , th eport o the ral poli Under th hat low- ct autho tates fo osal fac o the De ted wast t of Fed e Act di to the C di sposal cy fo e Act 1 evel ri zes r the i 1 i t i partm e or eral rects ongre of 1 r the , the nucle the s estab es. I ent of for th resear the D ss and ow-1 ev disposal states w ar waste tates to 1 i shment n additi Energy e dispos ch and d epartmen to each el radio of low ould be s are enter and on, the for the al of evelop- t of state active 94 Stat. 3347 Public Law 96-573 Act of December 22, 1980 RD-116 Office of Research and Development Solid Waste Disposal 42 U.S.C. 6901 The Act Resourc safe di and con cleanup or the commi tt conserv energy Commerc markets materi a amen e Con sposa serva of a envi r ee (w ati on from e i s for 1 s wh ds the servati 1 of ha tion of dump t onment . hich in and re sol i d w authori recycl e i ch mi g Solid W on and zardous wastes hat may The A cl udes covery aters . zed to d mater ht othe aste D Recove waste . The prese ct als DOC) t effort Under devel o ials a rwi se i spos ry Ac s , an Act nt a o est o coo s , an the P spe nd f o be di al Act t of 1 d to e author immi ne abl ish rdi nat d prog Act, t ci f ica r exch scarde , as 976, ncour izes nt th es an e Fed rams he Se ti ons ange d as amend to pr age r EPA t reat i nte eral for r creta and of va waste ed by the omote the ecycl i ng order to health ragency resource ecoveri ng ry of to promote 1 ued The Act authorizes $514.5 million through fiscal year 1982 ($5 million for DOC) for administering the Solid Waste Disposal Act and $36 million for fiscal year 1983 through 1985 for certain state and local grant programs. 94 Stat. 2334 Public Law 96-482 Act of October 21 , 1980 RD-117 Office of Research and Development Syn -Fuels (Acid Rain) 42 U.S.C. 8701 The Act, known as the "Energy Security Act", establishes the Synthetic Fuels Corporation to develop resources of synthetic fuels such as oil from coal shale. The Act also establishes in Title VII an Acid Precipitation Task Force to implement a comprehensive ten-year program to identify causes, social and environmental impacts, and solutions to the acid rain problem. The Task Force shall consist of NOAA, EPA, and DOA with the Administrator of NOAA serving as the Director of the research program. 94 Stat. 611 Public Law 96-294 Act of June 30, 1980 RD-118 Office of Research and Development Weather Modification Reporting 15 U.S.C. 330-330e The Act of December 18, 1971, provides that no person may engage, or attempt to engage, in any weather modification activity in the United States unless he submits to the Secretary of Commerce such reports with respect thereto. The Secretary shall maintain a record of weather modifica- tion activities, including attempts which take place in the United States, and shall publish summaries thereof from time to time. The Act of October 13, 1976, requires the Secretary of Commerce to conduct a comprehensive examination of investi- gation on the state of scientific knowledge concerning weather modification. It requires a review of the present state of weather modification technology, problems impeding effective implementation of weather modification technology and other related matters. The Act also requires the Secre- tary to prepare and submit to the President and the Congress a report on the findings, conclusions, and recommendations of the study. 85 Stat . 735 Public Law 92-205 Act of 88 Stat. 1 212 Public Law 93-436 Act of 90 Stat . 2359 Public Law 94-490 Act of December 18, 1971 October 5, 1974 October 13, 1976 RD-119 Office of Research and Development Wind Energy Systems Act 4 2 U.S.C. 9 201 The Act establishes a research and development demonstration and technology applications program for converting wind energy into electricity and mechanical energy. The Act directs the Secretary of Energy to prepare a comprehensive program management plan which shall include a 5-year program for small wind energy systems, an 8-year program for large wind energy systems, and a 3-year program for wind resource assessment. As part of the 3-year program, the Secretary, in consultation with the Administrators of NOAA, NASA, and EPA, shall establish a national wind data center to make public information available on the known wind energy resources of various regions throughout the United States. In addition, the Act authorizes the Secretary, with the cooperation of the Departments of Commerce and State, to initiate and conduct a Federal applications study for wind energy systems to determine the potential for the use of wind systems at specific Federal facilities. The Act provides funds at a level of $10 million for FY 81 for the wind energy assessment program. 94 Stat. 1139 Public Law 96-345 Act of September 8, 1980 RD-1 20 Environmental Data and Information Service Deepwater Port Act of 1974 33 U.S.C. 1501 et seq. The Purpose of this Act is to: (1) Authorize and regulate the location, ownership, construc- tion, and operation of deepwater ports in waters beyond the territorial limits of the United States; (2) Provide for the protection of the marine and coastal environment to prevent or minimize any adverse impact which might occur as a consequence of the development and such ports; (3) Protect the interests of the United States and those of adjacent coastal states in the location, construction, and operation of deepwater ports; and (4) Protect the rights and responsibilities of states and communities to regulate growth, determine land use, and other- wise protect the environment in accordance with law. 33 U.S.C. 1 504(b) The Secretary, in consultation with the Secretary of the Interior and the Administrator of NOAA, shall prescribe regulations relating to those activities involved in site evaluation and preconst ructi on testing at potential deep- water port locations. 3 3 U.S.C. 1505(a) The Secretary, in accordance with the recom- mendations of the Administrators of EPA and NOAA, and after consultation with any other Federal agencies having jurisdiction over any aspect of the construction or operation of a deepwater port, shall establish environmental review criteria consistent with the National Environmental Policy Act. 88 Stat. 91 Stat. 21 26 177 2131, 2135 Public Public Law Law 93-627 95-36 Act Act of of Jan. June 3, 1975 1977 EDIS-1 21 National Ocean Survey Recogni-zing the need for assisting and encouraging domestic and foreign commerce, Congress passed the Act of 10 February 1807 (2 Stat. 413) which authorized President Thomas Jefferson to "cause a survey to be taken of the coast of the United States in which shall be designated the islands and shoals, with the roads or places of anchorage, within twenty leagues of any part of the shores of the United States; and also the respective courses and distances between the principal capes, or head lands, together with such other matters as he may deem proper for completing an accurate chart of every part of the coast within the extent aforesaid". The Act also provided for "such examinations and observations .. .with respect to St. Georges Bank, and any other bank or shoal and the soundings and cur- rents beyond the distance (20 leagues) aforesaid to the Gulf stream, as... may be especially subservient to the commercial interests of the United State«=" The Act of 10 July 1832 (4 Stat. 570) which amended the Act of 10 February 1807, increased the geographic area of responsibil- ity by including Florida, and authorized the President to "use all maps, charts, books, instruments and apparatus, which now; or hereafter may belong to the United States,, and... such •astronomers and other persons as he shall deem proper". Under the provisions of this Act vessels and personnel of the Navy Department were regularly employed on all hydrographic and oceanogr aphic work. Commissioned officers of the Topographic Bureau of the War Department, with qualified civilian special assistants were employed on topographic and geodetic surveys.' All activities, usually referred to as the "survey of the coast", were under the direction of a superintendent; and for administrative purposes all functions were placed under the Secretary of the Treasury. In 1836 the title was changed to "Coast Survey" . In 1842, "a Congressional investigation concerning the adminis- tration of the Bureau resulted in a complete endorsement of the principals on which the work had been undertaken but recom- mended a permanent plan of organization. As a result Congress passed the Act of 3 March 1843 (5 Stat. 640) which authorized the President to "adopt and carry into effect the plan .. .agreed upon by a majority of... (the members of a special board of Coast Survey personnel)". The resulting plan approved by the Presi- dent defined for ..the first time the form of the organization and duties of its officers and employees. It also contained the foundation for the extensive system of geodetic control works and magnetic observations which are in effect today. NOS-122 Realizing the desirability for providing the widest distribu- tion for the increasing volume of new "maps and charts of the surveys of the coast of the United States", Congress passed the Act of 3 June 1844 (5 Stat. 660) authorizing the sale of maps and charts "at such prices and under such regulations as may from time to time be fixed by the said Secretary of the Trea- sury" (emphasis added). The Secretary immediately established the sale prices, based on cost studies by the Superintendent of the Coast Survey, on all maps and charts then available, and established the present system of distribution through contract sales agents. Later the Act of 20 June 1878 (20 Stat. 216) established the present practice of sales of charts "at the price of printing and paper thereof .. .the average cost of delivery added thereto. ..( and limited free distribution) to the several States and officers of the Uni»ted States requiring them for public use..." This form for determining sale prices for charts and free distribution was extended by the Act of 12 January 1895 (28 Stat. 620) to include authority for publica- tion of reports, special publications, etc. "...in such editions as the interest of the Government and of the public may require" Other pertinent legislation dealing with the sale and distribu- tion of charts includes the Acts of 3 March 1879 (20 Stat. 216), 23 August 1912 (37 Stat. 391), 1 July 1916 (39 Stat. 320), b •August 1947 (61 Stat. 787), 9 July 1956 (70 Stat. 512) and 14 August 1964 (78 Stat. 446). Distribution procedures, as they relate to reimbursement for charts requested by other govern- ment agencies for official use, were modified by the Appropria- tion Act dated 22 October 1951 (65 Stat. 589). Similar proce- dures to govern the distribution of charts to Federal agencies have been continued in the language of subsequent appropriation acts. Other authorities utilized for the sale and distribution of nautical and aeronautical charts have been vested in the Secretary of Commerce, including the Act of 19 December 1942 (56 Stat. 1067) and the Act of 25 September 1970 (84 Stat. 864). lation or tne toast survey so as no rorm a geoaecic connection between the Atlantic and Pacific coasts of the United States... (and for the determination of) points in each State of the Union..." It was the apparent intention of this act that the establishment of points in each State would be undertaken on a cooperative basis. The practice of cooperative aid to the states in the fields of surveying and mapping by the Survey has continued to present. NOS-123 As a result of its increased responsibilities under the Act of 3 March -1871 (16 Stat. 508), the Bureau became generally known as the "Coast and Geodetic Survey". The latter was first used in the Act of 20 June 1878 (20 Stat. 216) as the title of a section, but the subsections still used the name "Coast Survey" The first instance of the use of "Coast and Geodetic Survey" as the official Bureau name occurs in the Act of 28 June 1879 (21 Stat. 37) which provides that one member of the Mississippi River Commission shall be appointed" from the Bureau. In a Joint Resolution of 5 February 1889 (25 Stat. 1019), accepting an invitation to become party to the International Geodetic Association, the Bureau was referred to for the first time as the "United States Coast and Geodetic Survey". This resolution provided that the .United States representative should be a member of the Bureau. Other legislation in which the full title "United States Coast and Geodesic Survey" is' used was passed from time to time, as follows: Act of 28 July 1892 (27 Stat. 283, 309), Joint Resolution of 23 July 1894 (28 Stat. 587), Act of 28 January 1898 (30 Stat. 235), Act of 3 March 1901 (31 Stat. 1018), and the Act of 4 March 1907 (34 Stat. 1322) . Except for a short period in the Navy Department during the administration of President Jackson, the Bureau carried on its activities under the supervision of the Secretary of the Treasury. However, upon the formation of the Department of Commerce and Labor by the Act of 14 February 1903 (32 Stat. 826), the Bureau was transferred to the new Department. The duties of the Bureau had remained unchanged, except for their wider scope occasioned by the purchase of Alaska, the annexa- tion of the Hawaiian Islands, and the National acquisition, in 1899, of the Philippine and. other Spanish Islands. When the Department of Commerce and Labor was separated into two depart- ments by the Act of 4 March 1913 (37 Stat. 737), the Bureau remained in the Department of Commerce. Up to this time, the only new responsibilities assigned had been those of assisting the Fisheries Commissions of the States of Maryland, North Carolina - , and Tex"as in special surveys related to the culture of shellfish. For many years the Bureau had made a practice of maintaining seismographs at magnetic stations, in an attempt to determine the connection between earthquakes and magnetic anomalies. Seismograph records made available to seismologists proved to be so useful that the Congress by the Act of 31 January 1925 (43 Stat. 802) transferred the responsibility for all seismo- logical investigations from the Weather Bureau to the Coast and Geodetic Survey. Although the authority to conduct seismologi- cal investigations still remains, the major effort in this field is presently accomplished by the Geological Survey, Department of the Interior, pursuant to an agreement among the Department of Commerce, the Department of the Interior and the National Science Foundation, dated May 27, 1973. NOS-124 In 1926, Bureau functions were further enlarged by the Secre- tary of Commerce. The responsibility for charting airways and publishing maps of airways imposed upon the Secretary by the Commerce Act of 20 May 1926 (44 Stat. 568) was assigned to the Bureau by letter dated 24 July 1926. This Act, amended and revised, was eventually incorporated in the Civil Aeronautics Act of 1938 (52 Stat. 1026) and surveying, . mapping, etc., of airways became the responsibility of the Administrator of the Civil Aeronautics Administration. Aeronautical charting activities originally carried on under the delegation of authority from the Secretary of Commerce were continued, by direction of the Civil Aeronautics Administrator, until CAA was transferred to the Department of Commerce by Reorgnization Plan 4', effective 30 June 1940 (54 Stat. 1235), and, subsequently, to t^he Federal Aviation Agency by Act of 23 August 1958 (72 Stat*. 806). Extensive cooperation continues with the FAA (redesignated the Federal Aviation Administration by Act of 15 October 1966 [80 Stat. 931] ). A lack of specific authority for basic activities acquired through the years by the Coast and Geodetic Survey resulted in the Act of 6 August 1947 (61 Stat. 788). This Act brought together under one title for the first time since the organic Act of 1807, the separate pieces of substantive legislation relating to the Coast and Geodetic Survey, and repealed five sections to title 56 revised statutes (1878) and six sections of chapter 17, title 33 U.S.C. (1926). However, even under the provisions of the Act of 6 August 1947, the activities of the Coast and Geodetic Survey were restricted to the coastal waters (including off-shore features), inland waters (not otherwise provided for by statute), and land areas of the United States, its territories and possessions. Through the Act of 5 April 1970 (74 Stat. 16), these geographical limitations were removed. Survey operations (including oceanograpic , hydrographic and topographic) were now authorized in international waters, and within areas of foreign sovereignty when specifically approved or requested by the foreign government, and subject, to all existing international agreements, treaties, and conventions. Section 7 of the Act of 6 August 1947 had authorized the Secretary of Commerce "to accept gifts or bequests of money and other real and personal property for the purpose of aiding and facilitating the work of the Coast and Geodetic Survey..." Section 4(a)(2) of the Act of 2 October 1964 (78 Stat. 991), repealed this section and gave the Secretary of Commerce broader power to accept gifts and bequests "for the purpose of the Department of Commerce and other purposes". NOS-125 In accordance with Presidential Reorganization Plan No. 2, of 1965 (79 Stat. 1318) the Environmental Science Services Adminis- tration was established effective July 13, 1965. Under the Reorganization Plan the Coast and Geodetic Survey became a major line component of the Environmental Science Services Administration and the previous functions of the Coast and Geodetic Survey were transferred to the new administration. On October 3, 1970, Presidential Reorganization Plan No. 4 of 1970 (84 Stat. 2090) became effective and the National Oceanic and Atmospheric Administration was created. Under this Reorgan- ization Plan the Environmental Science Services Administration was abolished and the duties and functions of the former Coast and Geodetic Survey were reassigned to a newly designated National Ocean Survey having the same functional responsibili- ties. Today the National Ocean Survey participates actively in international cooperation programs authorized by Congress, including those authorized by the Act of May 25, 1938 (52 Stat. 442), the Act of 27 January 1948 (62 Stat. 6), the Act of June 5, 1950 (64 Stat. 198) and the Act of October 10, 1951 (65 Stat. 373). These programs as well as others require mainte- nance of liasion with the Agency for International Development, Department of State, the United Nations Educational Scientific and Cultural Organization and the International Civil Avia- tion Organization. NOS-126 15 U.S.C. §1514 - Basic authority for performance of certain functions and activities of the Department - (authority for medical services, supplies and facilities for employees serving at remote locations and authority for motion picture equipment and film for recreation for crews of vessels) . 20 U.S.C. §59 - National museum; collections of Coast and Geodetic Survey and Geological Survey. 20 U.S.C. §91 - Literary and scientific collections acessible to investigators and students. 31 U.S.C. §550 - Advances to Coast and Geodetic Survey - (authority for advances of money from avail- able appropriations to chiefs of parties). 31 U.S.C. §661 - Appropriation for Coast and Geodetic; purchases from - (authority for purchase of provisions, clothing, small stores and food supplies for field parties) . 33 U.S.C. §642 - Appointment of commissioners; vacancies; chairman; tenure of office - (appointment of a member of the Coast and Geodetic Survey to the Mississippi River Commission) . 33 U.S.C. §647 - Mississippi River survey - (authority to detail officers, men and equipment as needed to survey the Mississippi River). 33 U.S.C. §702e - Same; maps for project; preparation - (authority for use of services of Coast and Geodetic Survey in the preparation of maps for flood control). 33 U.S.C. §883a - Surveys and other activities - (basic authority for all survey work). 33 U.S.C. §883b - Dissemination of data: further activities - (basic authority for compilation and printing of nautical and aeronautical charts) . NOS-127 33 U.S.C. §883c - Geomagnetic data: collection, correlation and di ssemi nati on. 33 U.S.C. §883d - Improvement of methods, instruments, and equipments; investigations and research. 33 U.S.C. §883e - Cooperative agreements for surveys and investi- gations - (basic authority for cooperative surveying activities with states, public or private organizations, or individuals). 33 U.S.C. §883f - Contracts with qualified organizations. 33 U.S.C. §883h - Employment of public vessels. 33 U.S.C. §883 i - Appropriations - (authority for appropriations necessary for vessel and facility maintenance and construction and operation). 33 U.S.C. §884 - Power to use books, maps, etc., and to employ persons. 33 U.S.C. §888 - Reports to Congress on expenditures. 43 U.S.C. 1801- Require the Secretary to conduct a two-year 1845 survey of obstructions on the OCS which could pose hazards to commercial fishing. 44 U.S.C. §1308 - National Oceanic and Atmospheric Administration charts; sales and distribution. 44 U.S.C. §1310 - Commerce Department: navigation and weather i nf ormati on . 50 U.S.C. §81 - Military surveys and maps; assistance of mapping agencies of government - (authori- zation for Secretary of the Army to secure assistance of United States Coast and Geodetic Survey). 50 U.S.C. §552 - Persons subject to this chapter (Article II) - (authority to subject personnel of Coast and Geodetic Survey to the Uniform Code of Military Justice while such personnel are assigned to and serving with the Armed Forces of the United States). N0S-1 28 National Weather Service During the War of 1812, Dr. James Tilton, the Surgeon General of the Army, ordered the first government collection of weather observations. Hospital surgeons were directed to observe the weather and maintain cl i matol ogi cal records. In 1849, Professor Joseph Henery of the Smithsonian Institution established an extensive observation network by supplying weather instruments to telegraph companies. Simultaneous observations were made by local telegraph operators and sent to the Smith- sonian. Maps prepared from these observations were displayed in Washington, D.C. In 1869, Congressman H.E. Paine of Wisconsin introduced a bill for the establishment of a national service under the Secretary of War. The bill, as House Joint Resolution 143, which was signed by the President on February 9, 1870, authorized the Secretary of War to take observations at military stations and to warn of storms on the Great Lakes and on the Atlantic and Gulf Coasts. The weather operations were placed under Signal Service. In 1884, Congress appointed a Joint Commission to review the scientific work of the Government. The report of the Commission as issued in 1886 stated that the weather service did not belong in the military, but should be considered as a civil activity because of its nature and character. The Act of October 1, 1890 (26 Stat. 653) created the U.S. Bureau in the Department of Agriculture by the transfer of logical functions from the Army Signal Corps. Weather meteoro- On June 30, 1940, the Weather Bureau was transferred from the Department of Agriculture to the Department of Commerce by Reorganization Plan No. 4 of 1940 (effective June 30, 1940, 5 F.R. 2421 , 54 Stat. 1 236). Reorganization Plan No. 2 of 1965 (effective July 13, 1965, 30 F.R. 8819, 79 Stat. 1318) consolidated the Weather Bureau with the Coast and Geodetic Survey to form a new agency in the Depart- ment of Commerce to be known as the Environmental Science Services Administration (ESSA). The Office of the Chief of the Weather Bureau was abolished by Reorganization Plan No. 2. All functions of the Bureau, the Chief of the Bureau, and the officers, employees, and organizational entities of the Bureau were transferred to the Secretary of Commerce. ESSA was abolished by Reorganization Plan No. 4 of 1970 (effective October 3, 1970, 35 F.R. 15627, 84 Stat. 2090) which created the National Oceanic and Atmospheric Administration (N0AA) in the Department of Commerce. The Weather Bureau was transferred to N0AA and later renamed the National Weather Service. NWS-1 29 National Weather Service Authority of the Secretary of Commerce to Acquire, Establish, and Construct Airport Property and Airway Property in Foreign Territories 49 U.S.C. 1151 The Act provides, Code (Internationa Act of 1958) for t Secretary of Comme acqui re , establ i sh property in foreig national in aerona accept foreign fun services rendered organizations (sec property to foreig (sec. 1155). Sect property from the Transportation or under Cha 1 Aviatio he Secret rce, with , and con n territo utical an ds as pay to foreig . 1154); n governm ion 1157 Departmen the Secre pter 15 n Faci 1 i ary of T in their struct a ry (sec. d relate ment for n govern and to t ents or authori z t of Def tary of of Title 4 ties Act; ransporati respecti v irport pro 1152); to d subjects faci 1 i tie ments or i ransfer ai i nternati o es the tra ense to th Commerce. 9, United Federal A on and th e f i el ds , perty and train fo (sec. 11 s supplie nternati o rport or nal organ nsfer of e Secreta States viation e to ai rway rei gn 53); to d or nal ai rway i zations certai n ry of 62 Stat. 450 63 Stat. 591 72 Stat. 808 88 Stat. 2102 Act of June 16, 1948 Act of August 10, 1949 Act of August 23, 1958 Act of January 3, 1975 NWS-130 National Weather Service Cooperation between the Department of Commerce and the Department of Transportation (Coast Guard) concerning weather reporting 14 U.S.C. 147 This Act recognizes the close cooperation which has prevailed for years between the Department of Commerce and the U.S. Coast Guard concerning weather reporting. Specifically, this section provides that the Commandant of the Coast Guard may cooperate with the Department of Commerce by procuring, maintaining, and making available, facilities and assistance for observing, investigating, and communicating weather phenomena and for disseminating weather data, forecasts and warnings, upon mutually satisfactory terms as agreed to by the Coast Guard and the Department of Commerce. 63 Stat. 507 Act of August 4, 1949 NWS-131 National Weather Service Cooperative Agreements 7 U.S.C. 450(b) In 1890, the Weather Bureau was established within the Depart ment of Agriculture. In 1919, the Congress expressly autho- rized the Department of Agriculture to carry out cooperative agreements with state, county, and municipal agencies and various private organizations by enacting the Act of July 24, 1919, which is still in effect and is presently codified as 7 U.S.C. 450(b). The Department of Agriculture exercised this cooperative agreement authority with respect to Weather Bureau functions during the time that the Weather Bureau was in that Department. When Reorganization Plan No. 4 of 197- transferred the Weather Bureau from the Department of Agricul ture to the Department of Commerce, this cooperative autho- rity was also transferred to the Secretary of Commerce. 41 Stat. 270 Act of July 24, 1919 15 U.S.C. 15 25 This Act authorizes, among other things, the Secretary of Commerce, in the case of non-profit organizations, research organizations, or public organizations or agencies, to engage in joint projects, or perform services, on matters of mutual interest, the cost of which shall be apportioned equitably, as determined by the Secretary. The Secretary may waive payment of any portion of such costs by others, when autho- rized to do so under regulations approved by the Office of Management and Budget. 84 Stat. 864 Public Law 91-41 2 Act of Sept. 25, 1970 NWS-132 National Weather Service False Weather Reports 18 U.S.C. 2074 The Weather Bureau shall have charge of forecasting the weather, the issue of storm warnings, the display of weather and flood signals. This Act provides that whoever knowingly issues or publishes any counterfeit weather forecast or warning of weather con- ditions falsely representing such forecast or warning to have been issued or published by the Secretary of Commerce or other branch of the Government service, shall be fined not more than $500 or imprisoned not more than ninety days, or both. 62 Stat. 795 Act of June 25, 1948 NWS-133 National Weather Service Federal Aviation Act -- Duties of the Secretary of Commerce Concerning Air Navigation 49 U.S.C. 1463 Title VIII, section 803 of the Act provides that in order to promote safety and efficiency in air navigation, the Secretary of Commerce shall, in addition to any other functions or duties pertaining to weather information for other purposes, (1) make such observations, measurements, investigations, and studies of atmospheric phenomena, and establish such meteorological offices and stations for ascertaining, in advance, information concerning probable weather conditions; (2) furnish such reports, forecasts, warnings and advice to the Secretary of Transportation and other persons; (3) cooperate with persons engaged in air commerce and in meteorological service, establish and maintain reciprocal arrangements, and collect and disseminate weather reports available from aircraft in flight; (4) establish and coordinate international exchanges of meteorological information required for the safety and efficiency of air navigation; (5) participate in the development of an international basic meteorological reporting network including stations on the high seas in polar regions and in foreign countries; (6) coordinate meteorological requirements in the United States in order to maintain standard observations; and (7) promote and develop meteorological science and foster and support research projects in meteorology through the utilization of private and govern- mental research facilities and provide for the publication of the results of such research projects. 72 Stat. 783 Act of August 23, 1958 NWS-134 National Weather Service Federal Property and Administrative Services Act 40 U.S.C. 474 (14) This Act provides that nothing in the Federal Property and Administrative Services Act shall impair or affect any authority of the Secretary of Transportation or the Secre- tary of Commerce with respect to the disposal of airport property and airway property for use as such property. 63 Stat. 401 72 Stat. 808 Act of June 30, 1949 Act of August 23, 1958 / NWS-135 / / National Weather Service Flood Control Act of 1938 and 1954 33 U.S.C. 706 The Act of 1938 authorized the Chief of the Weather Bureau to establish, operate, and maintain precipitation observing stations and provide a flood-warning service. The Act of 1954 authorized an expenditure as required, from any appropriations made for flood control, rivers and harbors, and related purposes by the United States for the establish- ment, operation, and maintenance by the Department of Commerce of a network of recording and non-recording precipitation stations, known as the Hydrocl imati c Network whenever such service is advisable. 52 Stat. 1266 Act of June 28, 1938 68 Stat. 1266 Act of September 3, 1954 NWS-136 National Weather Service Meteorological Service 49 U.S.C. 1351 This Act empowers and directs the Secretary of Transportation to make recommendations to the Secretary of Commerce for pro- viding meteorological service necessary for the safe and efficient movement of aircraft in air commerce. It requires the Secretary of Commerce, in providing such meteorological services, to cooperate with the Secretary of Transportation and give full consideration to such recommendations. 72 Stat. 751 Act of August 23, 1958 NWS-137 National Weather Service "Organic Act" of the National Weather Service 15 U.S.C. 311 This Act Servi ce created ture. S "Weather sets for (as dele forecast and floo and navi the bene and rain vati ons the Unit prov ori gi the U ectio Bure th th gated the d sig g a t i o fit o fall to es ed St ides th nati ng •S. Wea n 311 p a u " in e statu to the weather nals fo n ; col 1 f comme c o n d i t i tabl i sh ates. e basic from the ther Bur rovi des the Depa tory dut Di recto ; issue r the be ect and rce and ons; and and rec autho Act eau i for t rtmen i es o r, Na storm nef i t trans navi g take ord t ri ty o of Oct n the he est t of C f the ti onal warni of ag mi t ma ati on ; such he cl i f the ober Depar a b 1 i s ommer Sec re Weat ngs; ri cul ri ne repo meteo mati c Nati on 1 , 1890 tment o hment o ce. Se tary of her Ser di spl ay ture, c i ntel 1 i rt temp rol ogi c condi t al Weather , which f Agricul- f the ction 313 Commerce vice) to weather ommerce , gence for erature al obser- ions of In addition, the Act provides for the establishment of meteoro logical observation stations in the Arctic region. Other sec- tions of the Act include the Chief and employees; promotions; changes or assignment to duty of personnel; weather signals on mail cars; appointment and compensation for employees con- ducting meteorological investigations in the Arctic region; and transfer from other Government departments of surplus equipment and supplies for Arctic stations. 26 Stat. 653 28 Stat. 737 29 Stat. 108 30 Stat. 752 44 Stat. 571 57 Stat. 301 60 Stat. 4 62 Stat. 286 74 Stat. 11 78 Stat. 491 Act of October 1 , 1890 Act of March 2, 1895 Act of April 25, 1896 Act of July 8, 1898 Act of May 20, 1926 Act of July 1 , 1943 Act of February 1 2, 1946 Act of June 2, 1948 Act of March 28, 1960 Act of August 10, 1964 NWS-138 National Weather Service Study of Thunderstorms and Atmospheric Disturbances; Reports; Expenditures; Cooperation of Other Departments 15 U.S.C. 313 This Act authorizes and directs the Secretary of Commerce to study fully and thoroughly the internal structure of thunder- storms, hurricanes, cyclones, and other severe atmospheric disturbances with a view to establishing methods by which the characteristics of particular thunderstorms may be forecast and methods by which the characteristics of such storms may be determined on visual observation from outside the immediate thunderstorm area. 62 Stat. 470 Public Law 80-657 Act of June 16, 1948 NWS-139 National Weather Service U.S. Naval Oceanographic Office; Pilot Charts 10 U.S.C. 7393 This Act provides that pilot charts prepared in the U.S. Naval Oceanographic Office shall bear conspicuous language indicating that the charts have been prepared from data furnished by the U.S. Naval Oceanographic Office and the Department of Commerce and published under authority of the Secretary of the Navy. The Department of Commerce shall furnish to the U.S. Naval Oceanographic Office meteorological information received by the Department of Commerce to be used in preparation of the charts. 70 Stat. 456 76 Stat. 154 Act of August 10, 1956 Act of July 10, 1962 NWS-140 National Earth Satellite Service Following the launch of the first USSR Sputnick in October 1957, the development of the TIROS weather satellite was initiated by the Department of Defense. In the spring of 1959, the program was transferred to the newly created NASA. The first TIROS was launched successfully on April 1, 1960. Within a few days, operational use was being made by the Weather Bureau and mili- tary weather services of its pictures from space. Based on the outstanding success of the TIROS satellite, NASA, DOD, FAA, and DOC agreed on October 10, 1960, that it was time to consider plans for a national operational meteorological satellite system and established the interagency Panel on Opera- tional Meteorological Satellites (POMS) to draw up a plan. The POMS produced its final report in April 1961. This report was endorsed by all of the participating agencies and was forwarded to President Kennedy. The Pre in his of Cong addi ti o Bureau satel 1 i appropr 1 ogi cal of Sept request No enab Weather observi budget of the sident speci a ress o nal $7 - (whi te sys i a t i o n weath ember ed by li ng 1 Burea ng the submi s operat acce 1 mes n May 5 mi 1 ch ) w tern f to t er sa 30, 1 the P egi si u air weat si on i onal pted the sage del 25, 196 1 ion - o ill help or worl d he DOC-W tel lite 961 , mak resi dent a t i o n w a eady had her wi th has cont Metsat recom i vered 1 , ask f whi c gi ve -wi de eather system i ng s u for t s cons autho out re ai ned progra mendat i n pe ed the h $53 us at weathe Burea was i ppleme he f i s i dered rizi ng stri ct 1 angua m. i ons rson Cong mi 1 1 i the e r obs u for ncl ud ntal cal y nece legi i on . ge ju in the before ress t on i s arl ies ervati an op ed i n approp ear en ssary , s 1 a t i o Each s t i f y i POMS the o pro for t t pos ons." erati Publi ri ati ding beca n whi subse ng a repo joint vide he We s i b 1 e The onal c Law ons a June use t ch in quent c o n t i rt and, session "an ather time a f i rst meteoro- 87-332 s 30, 1962. he U.S. cl uded annual nuati on The Federal organization be ratory, was later called th and finally the National We U.S. Weather Bureau between Science Services Administra unit was separated from the National Environmental Sate the National Environmental Program Element under the with the establishment of N to a Major Line Component i National Earth Satellite Se for Satellites, as a result by Presidential Directive 5 in N0AA has not yet been pa gan as the e Meteorol ather Sate 1958 and tion was e U.S. Weat llite Cent Satel lite ffice of 0AA in Oct n August 1 rvice, und of the as 4. Author ssed by Co Meteorol ogical Sa llite Cen 1965. Wh stabl i she her Burea er. It w Servi ce. ceanic an ober 1970 980, and er the As si gnment i zi ng 1 eg ngress. ogi cal tel lit ter, a en the d in M u and as 1 at NESS d Atmo . NES its na si stan of the i s 1 a t i Satel e Acti 11 und Envi r ay 196 was ca er cha became spheri S was me cha t Admi Lands on for 1 i t e vi tie er th onmen 5, th lied nged a Ma c Ser upgra nged ni str at mi Land Labo- s, e tal e the to jor vices ded to ator ssi on sat NESS-141 Exhibit A 1262 REORGANIZATION PLANS [04 Stat. REORGANIZATION PLAN NO. 3 OF 1950 Tr»asBUud MM«b Prepared br the President and transmitted to the Senate and the Bouse of Rep- s Vs?2li*» xu. 24. resentatives in Con;ress assembled. March 13. 1050. pursuant to the provisions mm? of the Reorgaaixasion Act of 1049, approved Jnne 20, 1040. 63 sue sax . » V. S. C. Sap. XXX, — > - {133SBOU. DEPAimX£NTOFTSZlNTZSZOS Section 1. Transfer of functions to the Secretary. — (a) Except as otherwise provided in subsection (b) of this section, there are hereby transferred to the Secretary of the Interior all functions of all other officers of the Department of the Interior and all functions of all agencies and employees of such Department. (b) This section "shall not apply to the functions Tested by the Ad- aou^sut in. 1 ! iS! ministrative Procedure Act (00 Stat. 237) in hearing examiners em- «M0. ployed by the Department of the Interior, nor to the "functions of the Virgin Islands Corporation or of its board of directors or officers. Sec. 2. Performance of functions of Secretary.— Tht Secretary of the Interior may from time to time make such provisions as he shall deem appropriate authorizing the performance by any other omcer. or by any agency or employee, of tne Department of the Interior of any function of the Secretary, including any function transferred to the Secretary by the provisions of this reorganization plan. Sec. 3. Assistant Secretary of the Interior. — There shall be in the Department of the Interior one additional Assistant Secretary of the Interior, who shall be appointed by the President, by and with the advice and consent of the Senate, who shall perform such duties as the Secretary of the Interior shall prescribe, and who shall receive compensation at the rate prescribed by law for Assistant Secretaries of Executive departments. Sec. 4. Administrative Assistant Secretary, — There shall be in the Department of the Interior an Administrative Assistant Secretary of the Interior, who shall be appointed, with the approval of the Presi- dent, by the Secretary of the Interior under the classified civil serv- ice, who shall perform such duties as the Secretary of the Interior shall prescribe, and who shall receive compensation at the rate of $14,000 per annum. Sec. 5. Incidental transfers. — The Secretary of the Interior may from time to time eifcct such transfers within the Department of the Interior of any of the records, property, personnel, and unexpended balances (available or to be nviuc available) of appropriations, allo- cations, and other funds of such Department as he may deem necessary in order to carry out the provisions of this reorganization plan. 142 Exhibit B «« STAT.] 81BT COXG., 2d SESS.— PLANS NOS. 5, G— MAR. 13, 1950 1263 REORGANIZATION PLAN NO. 5 OF 1950' r^oared by the President aad transmitted to the Senate and the House of Transitu* Msrcb l>i.re**otntlves in Congress ass«fuiN*d. March 13. 10."*0. pursuant to the pro- za^ii*» \f». •« tUltfOS o« the Reorganization Act of. 1U49, approved June '20. 1949. vux r '* 93 sut. soa. «n r> • U. a. C, Sun, nr, DmrmixxT or Comxzkce iwaaou. Srcnox 1. Transfer of functions to the Secretary. — (a) Except »* otherwise provided in subsection (b) of this section, there are hereby transferred to the Secretary of Commerce all functions of all other fJiccrs of the Department of Commerce and all functions of all agen- ri«* and employees of such Department. (b) This section shall not apply to the functions Tested by the Administrative Procedure Act (00 Stat. 237) in hearing examiners J^^Jb ft \ JggJ employed by the Department of Commerce, nor to the functions of the a m. Civil Aeronautics Board, of the Inland "Waterways Corporation, or «•( the Advisory Board of the Inland Waterways Corporation. Sec. 2. Performance of functions of Secretary. — The Secretary of Commerce may from time to time make such provisions as he shall «fr*in appropriate authorizing: the performance by any other officer. t»r by any agency or employee, of. the Department of" Commerce of »ny "function of the Secretary, including any function transferred to the Secretary by the provisions of this reorganization plan. Sec. 3. Administrative Assistant Secretary. — There shall be in the Department of Commerce an Administrative Assistant Secretary of Commerce, who shall be appointed, with the approval of the Presi- dent, by the Secretary of (.oinmerce under the classified civil service, *ho shall perforin such duties as the Secretary of Commerce shall j«rcscribe, and who shall receive compensation at the rate of $14,000 |*r annum. Sec 4. Incidental transfers. — Tlte Secretary of Commerce may from time to time effect such transfers within the -Department of (*«*mmerce of any of the records, property, personnel, and unexpended Glances (available or to be made available) of appropriations, allo- cations, and other funds of such Department as he may deem neces- **ry in order to carry out the provisions of this reorganization plan. 143 Exhibit C 2090 Transmitted July 9, 1970. Effective October 3. 1970. M Slat. 393. REORGANIZATION PLAN NO. 4 OF 1970 [84 Sjat. Reorganization Plan No. 4 of 1970 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION Section* 1. Transfers to Secretcuy of Commerce. The following arc hereby transferred to the Secretary of Commerce: (a) All functions vested by law in the Bureau of Commercial Fisheries of the Department of the Interior or in its head, together with all functions vested by law in the Secretary of the Interior or the Department of the Interior winch are administered through that Bureau or are primarily related to the Bureau, exclusive of functions with respect to (1) Great Lakes fisher}- research and activities related to the Great Lakes Fisheries Commission, (2] Missouri River Reser- voir research, (3) the Gulf Breeze Biological Laboratory of the said Bureau at Gulf Breeze, Florida, and (4) Trans-Alaska pipeline investigations. (b) The functions vested in the Secretary of the Interior by the Act of September 22, 1959 (Public Law 86-359, 73 Stat. 642, 16 U.S.C. 760e-760g; relating to migratory marine species of game fish). .(c) The functions vested by law in the Secretary of the Interior, or in the Department of the Interior or in any officer or instrumen- tality of that Department, which are administered through the Marine Minerals Technology Center of the Bureau of Mines. (d) All functions vested in the National Science Foundation bv the National Sea Grant College and Program Act of 1966 (80 Stat. 998), as amended (33 TJ.S.C. 1121 et seq.). - (e) Those functions vested in the Secretary of Defense or in any officer, employee, or organizational entity of the Department of De- fense by the provision of Public Law 91-144, 83 Stat 326, under the heading ''Operation and maintenance, general" with respect to "sur- veys and charting of northern and -north western lakes and connecting waters," or by other law, which come under the mission assigned as of July 1, 1969, to the United States Army Engineer District, Lake Survey, Corps of Engineers, Department of the Army and relate to (1) the conduct of hydrographic surveys of the Great Lakes and their outflow rivers, Lake Champlain, New York State Bar^e Canals, and th* Minnesota-Ontario border lakes, and the compilation and publi- cation of navigation charts, including recreational aspects, and the Great Lakes Pilot for the benefit and use of the public, (2) the con- ception, planning, and conduct of basic research and development in the fields of water motion, water characteristics, water quantity, and ice and snow, and (3) the publication of data and the results of re- search projects in forms useful to the Corps of Engineers and the public, and the operation of a Regional Data Center for the collection, coordination, analysis, and the furnislung to interested agencies of data relating to water resources of the Great Lakes. (f ) So much of the functions of the transferor officers and agencies referred to in or affected by the foregoing provisions of this section ns is incidental to or necessary for the performance by or under the Secre- tary of Commerce of the functions transferred by those provisions or relates primarily to those functions. The transfers to tne Secretary of Commerce made by this section shall be deemed to include the trans- fer of authority, provided by law, to prescribe regulations relating primarily to the transferred functions. 144 «3St«t.S64. 84 Stat. J KfcUKliAM^Aiiu^ ruw inu. *uf iy Government Organization and Employees. 1> U . S . GOVERNMENT PRINTING OFFICEi 1 98 2-3 6 0* 9 9 7 / 2 2 6 GPO 001-720 148 PENN STATE UNIVERSITY LIBRARIES AQOQD7mm45Sb ! \