Pub. L. 102-249, tit. I, sec. 301

Sec. 301. (a) Purposes.—Section 2(b)(1). of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801(b)(1)) is amended by inserting “, and fishery resources in the special areas” immediately before the semicolon at the end. (b) Definitions.—Section 3 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1802) is amended— (1) by redesignating paragraphs (24) through (32) as paragraphs (25) through (33), respectively; and (2) by inserting immediately after paragraph (23) the following new paragraph: “(24) The term ‘special areas’ means the areas referred to as eastern special areas in Article 3(1) of the Agreement between the United States of America and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990; in particular, the term refers to those areas east of the maritime boundary, as defined in that Agreement, that lie within 200 nautical miles of the baselines from which the breadth of the territorial sea of Russia is measured but beyond 200 nautical miles of the baselines from which the breadth of the territorial sea of the United States is measured.”. (c) United States Management Authority.—(1) Section 101(a) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1811(a)) is amended by inserting “and special areas” immediately before the period at the end. 106 STAT. 63 (2) Section 101(b) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1811(b)) is amended by inserting immediately after paragraph (2) the following new paragraph: “(3) All fishery resources in the special areas.”. (d) Foreign Fishing.—Section 201 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1821) is amended— (1) in subsection (a)— (A) by inserting “within the special areas,” immediately before “or for anadromous species”; and (B) by striking “beyond the exclusive economic zone” and inserting in lieu thereof “beyond such zone or areas”; (2) in subsection (e)(l)(E)(TV), by inserting “or special areas” immediately after “exclusive economic zone”; (3) in subsection (i)— (A) by inserting “or special areas” immediately before the period at the end of paragraph (1)(A); (B) by inserting “or special areas” immediately after “exclusive economic zone” in paragraph (2)(A); and (C) by inserting “or special areas” immediately after “exclusive economic zone” in paragraph (2)(B); and (4) in subsection (j)— (A) by inserting “, special areas,” immediately after “exclusive economic zone”; and (B) by inserting “, areas,” immediately after “such zone”. (e) International Fishery Agreements.—Section 202 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1822) is amended— (1) in subsection (b)— (A) by inserting “or special areas” immediately after “February 28, 1977)”; and (B) by striking “such zone or area” and inserting in lieu thereof “such zone or areas”; (2) in subsection (c)— (A) by inserting “or special areas” immediately after “February 28, 1977)”; and (B) by striking “such zone or area” and inserting in lieu thereof “such zone or areas”; and (3) by adding at the end the following new subsection: “(g) Fishery Agreement With Union of Soviet Socialist Republics.—(1) The Secretary of State, in consultation with the Secretary, is authorized to negotiate and conclude a fishery agreement with Russia of a duration of no more than 3 years, pursuant to which— “(A) Russia will give United States fishing vessels the opportunity to conduct traditional fisheries within waters claimed by the United States prior to the conclusion of the Agreement between the United States of America and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, west of the maritime boundary, including the western special area described in Article 3(2) of the Agreement; “(B) the United States will give fishing vessels of Russia the opportunity to conduct traditional fisheries within waters claimed by the Union of Soviet Socialist Republics prior to the conclusion of the Agreement referred to in subparagraph (A), east of the maritime boundary, including the eastern special areas described in Article 3(1) of the Agreement; 106 STAT. 64 “(C) catch data shall be made available to the government of the country exercising fisheries jurisdiction over the waters in which the catch occurred; and “(D) each country shall have the right to place observers on board vessels of the other country and to board and inspect such vessels. “(2) Vessels operating under a fishery agreement negotiated and concluded pursuant to paragraph (1) shall be subject to regulations and permit requirements of the country in whose waters the fisheries are conducted only to the extent such regulations and permit requirements are specified in that agreement. “(3) The Secretary of Commerce may promulgate such regulations, in accordance with section 553 of title 5, United States Code, as may be necessary to carry out the provisions of any fishery agreement negotiated and concluded pursuant to paragraph (1).”. (f) Permits for Foreign Fishing.—Section 204(a) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1824(a)) is amended— (1) by inserting “within the special areas,” immediately before “or for anadromous species”; and (2) by inserting “or areas” immediately after “such zone”. (g) Contents of Fishery Management Plans.—Section 303(b)(1)(A) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1853(b)(l)(A)) is amended— (1) by inserting “or special areas,” immediately after “exclusive economic zone”; and (2) by inserting “or areas” immediately after “such zone”. (h) Prohibited Acts.—Section 307 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1857) is amended— (1) in paragraph (1)(K), by inserting “or special areas” immediately after “exclusive economic zone”; (2) in paragraph (2)(B)— (A) by inserting “within the special areas,” immediately after “exclusive economic zone”; and (B) by inserting “or areas” immediately after “such zone”; (3) in paragraph (3), by inserting “or special areas” immediately after “exclusive economic zone”; and (4) in paragraph (4), by inserting “or special areas” immediately after “exclusive economic zone”. (i) Enforcement.—Section 311(b)(2) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1861(b)(2)) is amended by inserting “and special areas” immediately after “exclusive economic zone”.