TO EXTEND, PENDING INTERNATIONAL AGREEMENT, THE OCTOBER 7 (legislative day, SEPTEMBER 11), 1975.-Ordered to be printed U.S. GOVERNMENT PRINTING OFFICE WASHINGTON: 1975 OCTOBER 7 (legislative day, SEPTEMBER 11), 1975.-Ordered to be printed Mr. MAGNUSON, from the Committee on Commerce, REPORT [To accompany S. 961] The Committee on Commerce, to which was referred the bill (S. 961) to extend, pending international agreement, the fishery management responsibility and authority of the United States over fish in certain ocean areas in order to conserve and protect such fish, and for other purposes, having considered the same, reports favorably thereon with an amendment [and an amended title] and recommends that the bill as amended do pass. PURPOSE [Sec. 2] The purpose of the Magnuson Fisheries Management and Conservation Act is to protect and conserve valuable and necessary fishery resources. Fishery resources, which contribute to the Nation's food supply, economic strength, health, and recreation, are today threatened, and the Nation's fisheries are depressed industries, because of overfishing, and because of the absence of adequate fishing management and conservation practices and controls. BRIEF DESCRIPTION The bill seeks to restore and maintain the fisheries by (1) granting the United States exclusive fishery management jurisdiction (A) within a "fishery conservation zone" that would extend 200 nautical miles from the Nation's coasts [Sec. 101]. (B) over anadromous species of fish (e.g. salmon) that spawn in U.S. rivers and streams [Sec. 102 (2)], and (C) over U.S. Continental Shelf fishery resources [Sec. 102 (3)] (title I); and (2) establishing and enforcing a national fishery management program [Secs. 301; 302; 303; 304; 305] (title II). Title I is a temporary law title designed to meet the emergency situation which exists (and which will continue to exist until agreement is reached) because of the failure of the first and second sessions of the U.N. Law of the Sea Conference in Caracas and Geneva to reach international agreement on nation-state jurisdiction over fishery resources. [Sec. 401] As soon as a Law of the Sea treaty (or similar agreement) is signed by the United States and made effective (or provisionally applied), title I will "cease to be of any legal effect" (section 104). [Sec. 401] The Committee does not intend to interfere with or to preempt pending negotiations aimed at such a treaty, but rather it wants to preserve the fisheries until such time as an international agreement is in force. [Sec. 401] Fishery resources are limited, but renewable. [Sec. 2] If placed under sound management before overfishing has caused irreversible effects. the fisheries can be restored and maintained for the benefit, not only of this Nation, but of all mankind. [Sec. 2] For the United States to procrastinate about the fisheries until agreement is reached on a treaty would be to risk such "irrevers ible effects". [Sec. 2] Such a postponement would constitute an irresponsible act. [Sec. 2] The provisions of title I are not only temporary, pending international agreement, but they are also consistent with the developing consensus within the Conference. [Secs. 2(c) (5); 401] The bill establishes a U.S. "fishery conservation zone" which will have the seaward jurisdiction of the coastal States as its inner boundary, and a line 200 nautical miles from the base line from which the territorial sea is measured as its outer boundary. [Sec. 101] Within that zone, the United States would exercise exclusive fishery management authority so long as title I is in effect. [Sec. 102] (But the existing ocean jurisdiction of the United States would be maintained without change for all purposes other than the management and conservation of fishery resources section 2 (c) (1).) [Sec. 2(c) (1)] Under title I, the United States would also exercise exclusive fishery management authority over (1) anadromous species from U.S. rivers and streams through the migratory range of such species, except when they are found within any other nation's equivalent of the U.S. fishery conservation zone [Sec. 101(2)]; and (2) fishery resources found on the Nation's Continental Shelf (as defined in section 3(5)). [Sec. 102 (3)] Title I explicitly provides that highly migratory species of fish (e.g. tuna) are not within the exclusive management authority of the United States (section 101 (d) [Sec. 102 (3)]). Such species "shall be managed solely pursuant to international fishery agreements established for such purpose." [Secs. 2(b) (2) ; 102(3)] Title I further provides for foreign fishing within the U.S. fishery conservation zone, and for anadromous species and Continental Shelf resources. [Secs. 201(a); 204(a)] Foreign fishing is permitted, [Sec. 201] but title I establishes the principle of preferential rights for persons fishing from vessels of the United States. [Sec. 201(a)] Foreign fishing is authorized as to the available surplus, with respect to any applicable stock of fish. [Sec. 201 (d)] The Secretary of State is authorized and directed to seek international agreements to effec |