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1976/07/06 HR13380 Appropriation Authorization for Fisheries Development Program
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1976/07/06 HR13380 Appropriation Authorization for Fisheries Development Program
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The original documents are located in Box 49, folder "7/6/76 HR13380 Appropriation Authorization for Fisheries Development Program" of the White House Records Office: Legislation Case Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Exact duplicates within this folder were not digitized. APPROVED: JUL & 11/6/16 THE WHITE HOUSE ACTION WASHINGTON Last Day: July 7 July 2, 1976 Posted MEMORANDUM FOR THE PRESIDENT 7/7/76 FROM: JIM CANNOT SUBJECT: H.R. 13380 - Appropriation authorization for fisheries archives development program 7/7/76 Attached for your consideration is H.R. 13380, sponsored by Representative Sullivan. The enrolled bill would extend the authorization for appropriations of $3,000,000 of the Central, Western and South Pacific Fisheries Development Act from July 1, 1976 through September 30, 1979. Additional details are provided in OMB's enrolled bill report at Tab A. OMB, Max Friedersdorf, Counsel's Office (Lazarus) and I recommend approval of the enrolled bill. RECOMMENDATION That you sign H.R. 13380 at Tab B. FORD is 02 LIBRARY 705 Digitized from Box 49 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library THE PRESIDENT EXECUTIVE OFFICE OF THE PRESIDENT UNITED OFFICE OF MANAGEMENT AND BUDGET SERVICE SERVIS WASHINGTON, D.C. 20503 JUN 29 1976 MEMORANDUM FOR THE PRESIDENT Subject: Enrolled Bill H.R. 13380 - Appropriation authorization for fisheries development program Sponsor - Rep. Sullivan (D) Missouri Last Day for Action July 7, 1976 - Wednesday Purpose Extends the appropriation authorization of the Central, Western, and South Pacific Fisheries Development Act through fiscal year 1979. Agency Recommendations Office of Management and Budget Approval Department of Commerce Approval Department of the Interior Approval Discussion The Central, Western, and South Pacific Fisheries Development Act of 1972 authorized the Secretary of Commerce to carry out a three-year program for the development of the tuna and other fisheries resources of the Central, Western and South Pacific Ocean. A total of $3,000,000 was authorized for the period from July 1, 1973 to June 30, 1976. A Pacific Islands Development Commission (PIDC) Tuna Program was initiated in fiscal year 1975 under the authority of this Act. Federal funds to carry out this program in 1975 and 1976 were provided for out of supplemental monies from customs duties on imported fisheries 2 products, which are available to the Department of Commerce to promote American fisheries development. The enrolled bill would ---- extend the authorization for appropriations of $3,000,000 for the period from July 1, 1976 through September 30, 1979; -- make the program indefinite in length by eliminating the three-year limitation in current law; and -- require the Secretary to submit annual reports on the program by January 30 of each year to the President and the Congress. H.R. 13380 is almost identical to a bill submitted to Congress by Commerce. In a report to the Senate Commerce Committee on similar legislation, the Department stated that continued support of this program was desirable because "successful expansion of the U.S. tuna industry activities in the Central Pacific region is certain to result in economic profit to the island areas and in long-range benefits to the Nation through increased availa- bility of fisheries resources." James Director m. Trey for Legislative Reference Enclosures B THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: Date: July 1 Time: 130pm FOR ACTION: Paul Leach oh CC (for information): George Humphreys Jack Marsh Max Friedersdorf on Jim Cavanaugh Ken Lazarus on Ed Schmults FROM THE STAFF SECRETARY DUE: Date: July 2 Time: noon SUBJECT: H.R 11380 - Appropriation authorization for fisheries development program ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: please return to Judy Johnston, Ground FloorWest Wing PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please K. R. COLE, JR. telephone the Staff Secretary immediately. For the President DEPARTMENT OF COMMERCE GENERAL COUNSEL OF THE UNITED STATES DEPARTMENT OF COMMERCE UNITED STATES OF AMERICA Washington, D.C. 20230 JUN 25 1976 Honorable James T. Lynn Director, Office of Management and Budget Washington, D. C. 20503 Attention: Assistant Director for Legislative Reference Dear Mr. Lynn: This is in reply to your request for the views of this Department concerning H.R. 13380, an enrolled enactment "To amend the Central, Western, and South Pacific Fisheries Development Act to extend the appropria- tion authorization through fiscal year 1979, and for other purposes. 11 H.R. 13380 amends the Central, Western, and South Pacific Fisheries Development Act so as to extend the authorization of appropriations to carry out the provisions of the Act. In addition, it provides that the Secretary of Commerce shall submit annual reports to the President and the Congress by January 30 of each year of his activities under the Act. The Act currently authorizes a total appropriation of $3 million for fishery development over a three year period, ending June 30, 1976. H.R. 13380 would provide authorization of appropriations totaling $3 million for the three year period ending September 30, 1979. The authorizations proposed in H.R. 13380 are identical to those proposed in draft legislation submitted by this Department to the 94th Congress. Accordingly, this Department recommends Presidential approval of H.R. 13380. We note that clause (3) does not specify the exact point in section 7 where the proposed amendatory language is to be inserted. Sincerely, Zividmith General Counsel REVOLUTION AMERICAN BICENTENNIAL 1776-1976 © OF THE INTERIOR United States Department of the Interior OFFICE OF THE SECRETARY March 1849 WASHINGTON, D.C. 20240 3, JUN 25 1976 Dear Mr. Lynn: This responds to your request for the views of this Department on the enrolled bill H.R. 13380, "To amend the Central, Western, and South Pacific Fisheries Development Act to extend the appropriation authorization through fiscal year 1979, and for other purposes." We recommend that the President approve the enrolled bill. As enrolled, H.R. 13380 would extend the life of the Central, Western, and South Pacific Fisheries Development Act of 1972 (86 Stat. 744, 16 U.S.C. 758a note) from June 30, 1976 to September 30, 1979, and authorizes $3 million to carry out the purposes of the Act during this three year period. Further, the bill requires the Secretary of Commerce to submit annual reports by January 30 of each year to the President and the Congress on his activities pursuant to the Act, along with any recommendations. As introduced, H.R. 13380 was a proposal transmitted to the Congress by the Department of Commerce on April 19, 1976. As enrolled, the bill is substantially the same as that proposed by Commerce, with the exception of a different time schedule for the required reports. Under the 1972 Act, the Secretary of Commerce is authorized to carry out programs for the development of tuna and other latent fisheries resources in the Central, Western and South Pacific until 1976. The 1972 Act provides for consultation and cooperation by the Secretary with the governments of American Samoa and Guam, and the High Commissioner of the Trust Territory of the Pacific Islands (TTPI), as well as with Hawaii and other affected States. The 1972 Act provided a major impetus for the development of the commercial fishing industry in these three territories. All these territories have skipjack tuna available in substantial quantities in their surrounding waters, and the commercial development of this resource would be extremely beneficial to the economy of these islands, and help them to become more self-sufficient. REVOLUTION AMERICAN BICENTENNIAL 1776-1976 The tuna fishing industry is the major private enterprise in American Samoa. However, with the exception of a single bottom- fishing operation, the present commercial fishing industry consists solely of foreign longline vessels which supply the two local canneries with large deep-swimming tuna. The untapped resource with the greatest potential appears to be skipjack tuna, which occurs almost offshore. Further, these same waters also contain an unknown quantity of surface-swimming yellowfin tuna which would supplement the catch of skipjack tuna. In Guam, the only major developable raw material available in substantial quantity is the skipjack tuna resource, now being harvested by foreign fishermen. Guam's main possibility of harvest- ing this vast resource is to develop a purse seine technique that will work in the clear tropical waters surrounding the territory. The TTPI has fishery potentials not fully utilized by the people of Micronesia, although some development is now in progress. Subsequent to enactment of the 1972 Act, the Secretary of Commerce entered into a cooperative agreement with the Pacific Tuna Development Foundation, a non-profit organization composed of representatives from the U.S. tuna industry and the territories. The program has made excellent progress, but a three year extension is necessary to complete the projects that have been started. Among future plans is the charter of three large commercial fishing purse seiners to undertake exploratory fishing and gear testing near Guam. As the Department charged with the promotion of the economic advancement of these territories, we recommend that the President approve the enrolled bill. Sincerely yours Colemn Assistant Secretary of the Interior Honorable James T. Lynn Director, Office of Management and Budget Washington, D.C. 2 THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: Date: July 1 Time: 130pm FOR ACTION: Paul Leach CC (for information): George Humphreys Jack Marsh Max Friedersdorf Jim Cavanaugh Ken Lazarus Ed Schmults FROM THE STAFF SECRETARY DUE: Date: July 2 Time: noon SUBJECT: H.R 13380 - Appropriation authorization for fisheries development program ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief - Draft Reply X For Your Comments Draft Remarks REMARKS: please return to Judy Johnston, Ground FloorWest Wing No objection -- Ken Lazarus 7/2/76 PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please James M. Cannon telephone the Staff Secretary immediately. For the President THE WHITE HOUSE WASHINGTON July 2, 1976 MEMORANDUM FOR: JIM CAVANAUGH FROM: MAX L. FRIEDERSDORF m.b. SUBJECT: HR 13380 - Appropriation authorization for fisheries development program The Office of Legislative Affairs concurs with the agencies that the subject bill be approved. Attachments THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: Date: July 1 Time: 130pm FOR ACTION: Paul Leach CC (for information): George Humphreys Jack Marsh Max Friedersdorf Jim Cavanaugh Ken Lazarus Ed Schmults FROM THE STAFF SECRETARY DUE: Date: July 2 Time: noon SUBJECT: H.R_13380 - Appropriation authorization for fisheries development program ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: please return to Judy Johnston, Ground FloorWest Wing priored approved PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please James M. Cannon telephone the Staff Secretary immediately. For the President Calendar No.823 94TH CONGRESS SENATE REPORT 2d Session No. 94-866 AMEND THE CENTRAL, WESTERN, AND SOUTH PACIFIC FISHERIES DEVELOPMENT ACT MAY 13, 1976.-Ordered to be printed Mr. ROBERT C. BYRD (for Mr. MAGNUSON), from the Committee on Commerce, submitted the following REPORT [To accompany S. 2219] The Committee on Commerce, to which was referred the bill (S. 2219) to amend the Central, Western, and South Pacific Fisheries Development Act to extend the appropriation authorization through fiscal year 1979, and for other purposes, having considered the same, reports favorably thereon with amendments and recommends that the bill as amended do pass. The amendments are as follows : Page 1, strike lines 7 through 9, and insert the following: (2) by striking in section 4 the words "June 30, 1976, com- plete" and inserting in lieu thereof "January 30 of each year, an annual". Page 1, strike line 10 through line 2, page 2, and insert in lieu thereof the following: (3) by striking section 7 and inserting in lieu thereof the following: "There are authorized to be appropriated to the Secretary for purposes of carrying out the provisions of this Act, not to exceed $300,000 for the transitional fiscal quarter ending September 30, 1976; not to exceed $1,333,333 for the fiscal year ending September 30, 1977; not to exceed $1,333,333 for the fiscal year ending September 30, 1978; and not to exceed $1,333,333 for the fiscal year ending September 30, 1979. Such sums as may be appropriated under this section shall remain available until expended." 57-010 2 3 PURPOSE AND BRIEF DESCRIPTION the Federal government would be $300,000 for the transitional fiscal The purpose of the bill is to amend the Central, Western, and South quarter ending September 30, 1976; $1,333,333 for the fiscal year end- Pacific Fisheries Development Act (16 U.S.C. 758) to extend the ing September 30, 1977 $1,333,333 for the fiscal year ending Septem- ber 30, 1978; and $1,333,333 for the fiscal year ending September 30, authorization for appropriation through fiscal year 1979. That Act was 1979. The total cost of the bill for three years would be $4,000,000. enacted on September 29, 1972, to assist in the development of tuna and other latent fishery resources of the outer Pacific Ocean. The pro- CHANGES IN EXISTING LAW gram primarily affects the State of Hawaii, Guam, American Samoa, and the Trust Territory of the Pacific Islands. The bill (1) extends the In compliance with subsection (4) of Rule XXIX of the standing program for an additional three years; (2) requires an annual report rules of the Senate, changes in existing law made by the bill as re- on the progress of the program from the Secretary of Commerce; and ported are shown as follows (existing law proposed to be omitted is (3) increases the authorization for appropriations to $1,333,333 an- enclosed in brackets, new matter is printed in italic, existing law in nually, a total of $4,000,000 over the three-year period. which no change is proposed is shown in roman). BACKGROUND AND NEED CENTRAL, WESTERN, AND SOUTH PACIFIC FISHERIES DEVELOPMENT ACT In February 1970, the Pacific Islands Development Commission (86 Stat. 744, 16 U.S.C. 758a Note) (PIDC) was created for the purpose of assisting in the development of the tuna resources of the Central, Western, and South Pacific Ocean. * * * * * * * The Commission, consisting of the chief executives of the governments SEC. 2. The Secretary of Commerce (hereafter referred to in this of Hawaii, American Samoa, Guam, and the Trust Territory of the Act as the "Secretary") is authorized to carry out, directly or by con- Pacific Islands, perceived the need to diversify the economic base of tract, a [three-year] program for the development of the tuna and the region by using available natural resources. other latent fisheries resources of the Central, Western, and South In February 1972, the Congress enacted the Central, Western, and Pacific Ocean. South Pacific Fisheries Development Act in support of the Commis- * * * * * * sion's efforts. The Secretary of Commerce is authorized under that Act SEC. 4. The Secretary shall submit to the President and the Con- to carry out, directly or by contract, a program for the development of gress, not later than [June 30, 1976, a complete] January 30 of each the tuna and other latent fisheries resources of the area. The program year, an annual report with respect to his activities pursuant to this includes: exploration for, and stock assessment of, tuna and other fish Act, the results of such activities, and any recommendations he may improvement of harvesting techniques; gear development; biological have as a result of such activities. resource monitoring; and an economic evaluation of the potential for * * * * * * * tuna and other fisheries. Although the Act became effective in 1972, the tuna program was not SEC. 7. [There is authorized to be appropriated for the period begin- initiated by the Department of Commerce until fiscal year 1975. Even ning July 1, 1973, and ending June 30, 1976, the sum of $8,000,000, and when it was initiated, the Department did not request appropriations for the succeeding three years through fiscal year 1979, the sum of under the 1972 Act but rather obtained funds for the program from the $4,000,000, to carry out the purposes of the Act. Sums appropriated so-called Saltonstall-Kennedy trust fund (15 U.S.C. 713c-3). These pursuant to this section shall remain available until expended. There Federal funds are being supplemented by contributions from the mem- are authorized to be appropriated to the Secretary for purposes of bers of the PIDC and the tuna industry. The current authorization of carrying out the provisions of this Act, not to exceed $300,000 for the transitional fiscal quarter ending September 30, 1976; not to exceed Public Law 92-444 expires on June 30, 1976. In addition, the Salton- $1,333,333 for the fiscal year ending September 30, 1977; not to exceed stall-Kennedy trust fund is being used to capacity for other purposes. Consequently, this bill is necessary to continue this worthwhile pro- $1,333,333 for the fiscal year ending September 30, 1978; and not to exceed $1,333,333 for the fiscal year ending September 30, 1979. Such gram through completion, hopefully by 1979. The program is expected sums as may be appropriated under this section shall remain available to result in economic benefits to the island areas and to the Nation through increased availability of fisheries resources. until expended. AGENCY COMMENTS The bill increases the authorization for appropriations over the three-year period to $4,000,000, up from the $3,000,000 authorized over GENERAL COUNSEL OF THE DEPARTMENT OF COMMERCE, the previous three-year period. Washington, D.C., April 7, 1976. Hon. WARREN G. MAGNUSON, ESTIMATED COST Chairman, Committee on Commerce, U.S. Senate, Pursuant to section 252 of the Legislative Reorganization Act of Washington, D.C. 1970, the Committee estimates that the maximum cost of this bill to DEAR MR. CHAIRMAN This responds to your request for the views of this Department on S. 2219, a bill to amend the Central, Western, S.R. 866 S.R. 866 4 and South Pacific Fisheries Development Act to extend the appropria- tion authorization through fiscal year 1979, and for other purposes. S. 2219 would extend for three years, through September 30, 1979, the appropriation authorization for the Pacific Islands Development Commission (PIDC) Tuna Program which was established in con- nection with the Central, Western, and South Pacific Fisheries De- velopment Act of 1972. The bill would also increase the appropriation authorization from $3 million, as it is in the present law, to $4 million. Although the Act became effective in 1972, the skipjack tuna de- velopment program was not initiated until fiscal year 1975. Because of this delay, our Department did not seek funds under the original appropriation authorization. Instead, our share has been contributed from Saltonstall-Kennedy (S-K) funds (15 U.S.C. 713c-3). Federal funds are being supplemented by contributions from PIDC and the tuna industry. S-K funds are expected to be sufficient to meet the program needs through fiscal year 1977. The current authoriza- tion of Public Law 92-444 expires at the end of fiscal year 1976. Con- sequently, an extension of the authorization is desirable to continue the program. However, in our opinion current level funding is suffi- cient. Therefore, we oppose that aspect of the bill which would increase the appropriation authorization from $3 million to $4 million. We would support a bill which authorized appropriation of $3 million. We feel that it is important that Federal support be continued be- cause successful expansion of the U.S. tuna industry activities in the Central Pacific region is certain to result in economic profit to the island areas and in long-range benefits to the Nation through increased availability of fisheries resources. Much of the work that needs to be done is fisheries research that is beyond the capability of any one sector of the U.S. fishing industry to fund on its own. We believe, therefore, that this is an appropriate investment of Federal funds. We have been advised by the Office of Management and Budget that there would be no objection to the submission of our report to the Congress from the standpoint of the Administration's program. Sincerely, , General Counsel. O S.R. 866 94TH CONGRESS HOUSE OF REPRESENTATIVES REPORT 2d Session No. 94-1141 PACIFIC TUNA FISHERIES DEVELOPMENT PROGRAM MAY 14, 1976.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mrs. SULLIVAN, from the Committee on Merchant Marine and Fisheries, submitted the following REPORT [To accompany H.R. 13380] The Committee on Merchant Marine and Fisheries, to whom was referred the bill (H.R. 13380) to amend the Central, Western, and South Pacific Fisheries Development Act to extend the appropriation authorization through fiscal year 1979, and for other purposes, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. The amendment is as follows: Strike out all after the enacting clause and insert the following: That the Central, Western, and South Pacific Fisheries Development Act (86 Stat. 744; 16 U.S.C. 758a note) is amended- (1) by striking out "three-year" in section 2 thereof; (2) by inserting "and not later than September 30, 1979," immediately after "June 30, 1976," in section 4 thereof; and (3) by inserting ", and for the period beginning July 1, 1976, and ending September 30, 1979, the sum of $3,000,000," immediately after "$3,000,000" in section 7 thereof. PURPOSE OF THE LEGISLATION The purpose of the bill is to authorize the Secretary of Commerce to continue the program for the development of tuna and other latent fisheries resources in the Central, Western, and South Pacific Ocean for an additional three years. LEGISLATIVE BACKGROUND H.R. 13380 was introduced on April 28, 1976, by Mrs. Sullivan as a result of an Executive Communication (No. 3090) from the Depart- ment of Commerce. The Subcommittee on Fisheries and Wildlife Conservation and the Environment held hearings on the legislation on May 7, 1976. 2 3 H.R. 13380, as introduced, would: (1) extend the Act for three years southwest of San Francisco and 1,500 miles southeast of Manila. The from June 30, 1976 to September 30, 1979; (2) authorize to be appro- relations of the Guam government with the Federal Government are priated the sum of $3 million to carry out the purposes of the Act under the jurisdiction of the Department of the Interior. The people during such period; (3) change the date before which the Secretary of Guam-consisting of approximately 102,000 in number-are citi- would be required to submit to the President and the Congress a report zens of the United States. on his activities pursuant to the Act from June 30, 1976, to Septem- Guam has no readily available raw material which can be used to ber 30, 1976; and (4) require that a second report be submitted on develop an industry. On the other hand, the island is surrounded by September 30, 1979. thousands of miles of ocean that potentially could yield such valuable After giving careful consideration to the evidence presented at the raw material. The only developable raw material presently available hearings and the Executive Communication, the Committee ordered in substantial quantity in this area is the skipjack tuna resource that the bill reported, with an amendment. As reported, the bill is essen- the Japanese are now harvesting. Presently the island's only hope of tially the same as introduced. with one exception. The Committee utilizing this vast resource is to develop a purse seine technique that decided that the report to be filed by the Secretary, due no later than will work in the clear tropical waters of the Pacific Islands. June 30, 1976, should be filed by that date, as required by present law, Micronesia, with a population of approximately 100,000 people, is rather than by September 30, 1976, as provided by the legislation as called the "land of small islands," which aptly describes the Trust introduced. Territory of the Pacific Islands. Embracing the Marshalls, Carolines, The Committee unanimously ordered reported to the House H.R. and the Marianas (except Guam which is a U.S. territory), the Trust 13380, with an amendment by voice vote. Territory includes more than 2,000 islands covering less than 700 square miles of land, set in some 3 million square miles of ocean. This BACKGROUND AND NEED FOR THE LEGISLATION area is administered by the United States under a trusteeship agree- ment with the United Nations. In an effort to assist in a coordinated effort in the development of The skipjack tuna fishery in Hawaii is on the decline. In this regard, the tuna resources of the Central and Western Pacific, in February of the number of boats has declined steadily during the past 20 years. 1970 the Pacific Islands Development Commission (PIDC) was The number of fishermen in this industry has likewise declined. If the formed. The Commission consists of the chief executives of the govern- fishing industry is successfully developed, Hawaii will not only revive ments of Hawaii, American Samoa, Guam, and the Trust Territory of a dying fishing industry but will inject new and diversified employ- the Pacific. One of the first projects of the Commission was to compile ment and income into its economy. a report in conjunction with the U.S. tuna industry. The report is en- The report further points out that with respect to purse seiners, the titled "An American Fisheries Opportunity in the Central and West- techniques currently utilized in the Eastern Pacific require modifica- ern Pacific." The report reviews the serious problems facing the tuna tions. They are required because the mixed layer is much deeper, the industry in obtaining an adequate supply of tuna, the potential of this water much clearer, the school behavior much more erratic in the resource, and its prospects for development. Western Pacific, making purse seine fishing with techniques developed With respect to American Samoa, it is an unincorporated and un- for other areas difficult. In respect to bait boat fishing in the area. organized territory of the United States administered by the Depart- proven bait sources must be developed along with the proper tech- ment of the Interior. It is the most southerly of all lands under U.S. niques for taking bait. Those areas that have sufficient bait of the sovereignty. It comprises the eastern islands of the Samoan group, proper species must be determined. On the basis of current knowledge, approximately 2,300 miles southwest of Hawaii, and 1,600 miles north- the best areas appear to be in the Trust Territory, American Samoa, east of the tip of New Zeland. There are seven islands in the Amer- and Guam. ican Samoan group, with a total area of 76 square miles. Present popu- In discharging its obligations under the United Nations Charter, lation is about 28,000 people. the United States is required, among other things, to promote the The tuna fishing industry is the only important private enterprise in economic advancement of the inhabitants and to this end regulate the American Samoa. With the exception of a single bottom-fishing opera- use of natural resources; encourage the development of fisheries, agri- tion, the present commercial fishing industry in American Samoa con- culture, and industries; and protect the inhabitants against the loss sists solely of foreign longline vessels which supply the two local can- of their land and resources. To assist in meeting these obligations, the neries with large deep-swimming tunas. The untapped resource with Committee reported legislation in the 92nd Congress, which resulted the greatest potential appears to be skipjack tuna, which are known to in the enactment of Public Law 92-444. This law-known as the occur in waters close to American Samoa-almost offshore. Further, Central, Western, and South Pacific Fisheries Development Act- the tropical waters in which skipjack tuna occur also contain an authorizes the Secretary of Commerce to carry out, directly or by unknown quality of surface-swimming yellowfin tuna which would contract. a three-year program (from July 1. 1973 to June 30, 1976) supplement the catch of skipjack tuna. Guam is an organized unincorporated territory of the United States for the development of the tuna and latent fisheries resources of the located in the southernmost of a chain of volcanic islands in the West- Central. Western, and South Pacific Ocean. ern Pacific known as the Mariana Islands. Guam lies about 6,000 miles H.R. 1141 H.R. 1141 4 5 The objectives of the 1972 Act were to: (1) locate concentrations north and south of Guam. Additionally, one albacore troller of skipjack tuna; (2) design and demonstrate a purse seine which will be chartered for exploratory fishing north of Hawaii to will catch skipjack effectively under conditions where the water is the area around Midway Island and another troller, entirely clear, the mixed layer is deep, the rate of change in temperature is financed by industry, will be engaged in this exploratory gradual, and the behavior of the fish is erratic; (3) develop a system work. He will also conduct experimental fishing with live to provide sufficient quantities of a suitable species for a live-bait bait in the Marshall Islands, and assist American Samoa by fishery; and (4) investigate the possibility of trolling in the island providing an expert fisherman to test bait which is being areas. cultured at Samoa. Subsequent to the enactment of the Act, the Secretary entered into These efforts will provide us with information that will a cooperative agreement with the Pacific Tuna Development Founda- assist us in determining the feasibility of using deep purse tion (PTDF), a non-profit organization. PTDF is made up of PIDC, seines in the central, western, and southern Pacific Ocean. representatives from the U.S. tuna industry, and spokesmen for the The trolling north of Hawaii will establish whether that various island entities. Under the agreement, the Federal Government method of fishing is feasible. If so, this could lead to an ex- and PTDF agreed to put up certain funds with which to carry out pansion of the Hawaiian fleet. Finding adequate bait in many the program. The program was initiated in Fiscal Year 1975 with of the island areas is a big problem hindering expansion of the Federal Government providing $375,000 from the Saltonstall- local fisheries but the culture of bait and test fishing in Kennedy Act (S-K) and $32,000 from the NOAA operations, research, Samoa may help solve some of that problem. and facilities appropriations. These funds were supplemented by con- The area covered by the Act is about 11 million square tributions of approximately $30,000 from PIDC; and $380,000 from miles of the Pacific Ocean. The charter work with purse the tuna industry. In addition, NOAA was granted an operations, re- seines and trollers in FY 1976 will cover only a small portion search, and facilities appropriation increase of $480,000 in Fiscal of this area. There are additional areas, i.e., north of New Year 1975 for ship operations, thereby permitting the reactivation Guinea, American Samoa, Line Islands, Tuamotu Islands and of the R/V Townsend Cromwell for the purpose of supporting the Carolina Islands which our scientists feel have good poten- development of the Central Pacific fisheries. tial. These will be systematically covered if the Act is ex- In Fiscal Year 1976, the Secretary plans to use $1 million in S-K tended. Our plans are to conduct exploratory fishing surveys funds to fund NOAA's share of the PIDC effort. In addition, the in all of these areas. The research will include feasibility R/V Townsend Cromwell will continue to be used for support work. studies on using both purse seine and trolling techniques. The Secretary plans to use S-K funds to meet the program needs Fiscal Year 1977. In addition, the Secretary plans to provide the The need for this legislation can best be explained by the closing services of the R/V Townsend Cromwell through the extended life of statement of the NOAA witness at the hearings which is as follows: the program, which is estimated to cost $520,000 per year for opera- I would like to point out that it took some time after pas- tion and maintenance. sage of the Act to secure industry and government funding. Following are some of the accomplishments of the program to date We now have obtained the necessary support. The program pointed out by the NOAA witness at the hearing: is organized and good progress is being made. It is neces- (1) An experimental deep seine was tested during a 60-day sary that an authorization limit of $3 million be obtained charter cruise in the Marquesas Island area. The results in- through fiscal year 1979 to complete the program. We be- dicated a potential for the use of the deep seine in deep tem- lieve extension of this Act could provide for development of perature gradient areas of the Pacific Ocean. information possibly leading to an increase in the harvest (2) Six shipments of live anchovies were transported from of tuna which could benefit the fishing industry, the islands, California to Hawaii to test the flexibility of expanding the as well as the general public. live bait fishery for skipjack tuna in the Hawaiian Islands. The Committee was delighted to learn from the witness represent- (3) Trolling experiments were conducted by a 50-foot re- ing the American Tunaboat Association and the Tuna Research search vessel adjacent to American Samoa over a five-month Foundation that in addition to the $380,000 the industry has contrib- period. Although low catches were obtained in the immediate uted toward this joint effort during the past two years, the industry areas, areas north and west appear more promising. has assessed itself an additional $120,000 for the current fiscal year and In addition, the NOAA witness reported on the current and future will continue to be supportive with its time, expertise, men, vessels, plans of the Agency, should the legislation be enacted into law, as and finances for mutually beneficial programs in the future. follows: In summary, the Committee feels that a continuation of this pro- gram will greatly assist in the development of skipjack seining and The major project this year will be the charter of three its related support operations and will make possible the extensive large commercial purse seiners to undertake exploratory fish- development of a tremendous resource which is large enough to pro- ing and gear testing for 120 days (June-September) in areas vide a suitable base for the economic development of the islands of H.R. 1141 H.R. 1141 6 7 the Trust Territory, American Samoa, Guam, and Hawaii. It will COMPLIANCE WITH CLAUSE 2(1) (3) OF RULE XI also provide to the people of these islands the means whereby they can develop themselves and their islands utilizing their natural resources With respect to the requirements of Clause 2(1) (3) of House Rule and without having to rely on the development of industries based on XI, of the Rules of the House of Representatives: economic conditions outside this area. (A) No oversight hearings were held on the subject matter The Committee unanimously supports the passage of H.R. 13380 and of this legislation; however, hearings were held by the Sub- would like to stress that it expects the cooperative efforts of all parties committee on Fisheries and Wildlife Conservation and the En- concerned to continue SO that together they can make this program a vironment on the legislation on May 7, 1976. The Subcommittee complete success. does intend to hold oversight hearings on the administration of this Act from time to time during the extended three-year life of WHAT THE BILL DOES: SECTION-BY-SECTION ANALYSIS the program. As indicated in the legislative background of this report, the Com- (B) The requirements of section 308 (a) of the Congressional mittee ordered reported to the House H.R. 13380, with an amendment. Budget Act of 1974 are not applicable to this legislation; This was accomplished by striking out all after the enacting clause and (C) No estimate and comparison of costs has been received by the Committee from the Director of the Congressional Budget substituting new language. There follows a section-by-section summary of H.R. 13380, as Office, pursuant to section 403 of the Congressional Budget Act of 1974; amended, accompanied by discussion where appropriate. (D) The Committee on Government Operations has sent no PARAGRAPH (1) report to the Committee on Merchant Marine and Fisheries pur- suant to Clause 2 (b) (2) of Rule X. Paragraph (1) of the bill would strike the words "three-year" in INFLATIONARY IMPACT STATEMENT section 2 of the Act to make it clear the program carried out by the Secretary of Commerce would continue beyond June 30, 1976, and not Pursuant to Clause 2(1) (4) of Rule XI, of the Rules of the House be limited to the three-year period as provided by the original Act. of Representatives, the Committee estimates that the enactment of H.R. 13380 would have no significant inflationary impact on the prices PARAGRAPH (2) and cost in the national economy. Under section 4 of the Act, the Secretary of Commerce is required DEPARTMENTAL REPORT to submit to the President and the Congress not later than June 30, 1976, a complete report with respect to his activities pursuant to the H.R. 13380 was the subject of an Executive Communication No. 3090 Act, the results of such activities, and any recommendations he may from the Secretary of Commerce dated April 19, 1976. The document have as a result of such activities. Paragraph (2) of the bill would follows herewith: amend section 4 of the Act to require the Secretary to submit a similar THE SECRETARY OF COMMERCE, report to the President and the Congress not later than September 30, Washington, D.C., April 19, 1976. 1979. on his activities under the new three-year extended life of the Hon. CARL ALBERT, program. Speaker of the House of Representatives, PARAGRAPH (3) Washington, D.C. Under section 7 of the Act, there is authorized to be appropriated for DEAR MR. SPEAKER: Enclosed are four copies of a draft bill "To the period beginning July 1, 1973, and ending June 30, 1976, the sum amend the Central, Western, and South Pacific Fisheries Develop- of $3 million to carry out the purposes of the Act. Paragraph (3) of ment Act to extend the appropriation authorization through fiscal year the bill would amend section 7 of the Act to authorize to be appro- 1979, and for other purposes." together with a statement of purpose priated for the period beginning July 1, 1976, and ending Septem- and need in support thereof. ber 30, 1979, the sum of $3 million to carry out the purposes of the Act. This proposed legislation has been reviewed by the Department in the light of Executive Order No. 11821 and has been determined not COST OF THE LEGISLATION to be a major proposal requiring evaluation and certification as to its inflationary impact. In the event this legislation is enacted into law, the maximum cost We have been advised by the Office of Management and Budget that to the Federal Government would be $3 million for the three-year there would be no objection to the submission of our draft bill to the extended life of the program, from July 1, 1976, to September 30, Congress from the standpoint of the Administration's program. 1979. Sincerely, H.R. 1141 ELLIOT L. RICHARDSON. Enclosures. H.R. 1141 8 9 A BILL To amend the Central, Western, and South Pacific Fisheries Develop- CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED ment Act to extend the appropriation authorization through fiscal year 1979, and for other purposes In compliance with clause 3 of rule XIII of the Rules of the House Be it enacted by the Senate and House of Representatives of the of Representatives, changes in existing law made by the bill, as re- United States of America in Congress assembled, That the Central, ported, are shown as follows (existing law proposed to be omitted is Western, and South Pacific Fisheries Development Act (86 Stat. 744; enclosed in black brackets, new matter is printed in italic, existing law 16 U.S.C. 758a (Supp. II)), is amended as follows: in which no change is proposed is shown in roman) : (a) By striking in Section 2 the words "three-year". CENTRAL WESTERN, AND SOUTH PACIFIC FISHERIES DEVELOPMENT (b) By striking in Section 4, "June 30, 1976,", and inserting AcT in lieu thereof "September 30, 1976, and September 30, 1979,". (c) By inserting in Section 7 after "$3,000,000" a comma and (86 Stat. 744; 16 U.S.C. 758a note) the words "and for the succeeding three years through fiscal year 1979 the sum of $3,000,000,". AN ACT To authorize a program for the development of tuna and other latent fisheries resources in the Central, Western, and South Pacific Ocean STATEMENT OF PURPOSE AND NEED Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may The Central, Western, and South Pacific Fisheries Development be cited as the "Central, Western, and South Pacific Fisheries Devel- Act (P.L. 92-444, 16 U.S.C. 758a) was passed in September 1972. The opment Act". authorization for appropriations expires on June 30, 1976. This Act SEC. 2. The Secretary of Commerce (hereafter referred to in this authorized an expenditure of $3,000,000 for fishery development over Act as the "Secretary") is authorized to carry out, directly or by a 3-year period beginning July 1, 1973. The Pacific Islands Develop- contract, a [three-year] program for the development of the tuna and ment Commission (PIDC) Tuna Program, developed in connection other latent fisheries resources of the Central, Western, and South with this Act, was initiated in FY 1975, following considerable delay Pacific Ocean. The program shall include, but not be limited to, ex- resulting from the need to develop a plan agreed to by all parties ploration for, and stock assessment of, tuna and other fish; improve- involved. ment of harvesting techniques; gear development; biological resource In FY 1975, the initial year of the program, $375 thousand in Fed- monitoring; and an economic evaluation of the potential for tuna and eral funds were provided from the Saltonstall-Kennedy (S-K) (15 other fisheries in such area. U.S.C. 713c-3) one-time fund reserve; $32 thousand in Federal funds SEC. 3. In carrying out the purposes of this Act, the Secretary shall from the NOAA Operations, Research, and Facilities (O.R. & F.) ap- consult, and may otherwise cooperate, with the Secretary of the In- propriations; the total Federal contribution was $407 thousand of terior, the State of Hawaii and other affected States, the govern- the $797 thousand FY 1975 PIDC budget. Federal funds were to be ments of American Samoa and Guam, the Office of the High Commis- supplemented by contributions of an estimated $30 thousand from sioner of the Trust Territory of the Pacific Islands, educational in- PIDC, and an estimated $360 thousand from the tuna industry. NOAA stitutions, and the commercial fishing industry. was also granted an O.R. & F. increase of $480 thousand in FY 1975 SEC. 4. The Secretary shall submit to the President and the Congress, for ship operations, permitting reactivation of the R/V Townsend not later than June 30, 1976, and not later than September 30, 1979, Cromwell for the purpose of supporting the development of Central a complete report with respect to his activities pursuant to this Act, Pacific fisheries. the results of such activities, and any recommendations he may have In FY 1976, it is planned to use $1 million in S-K funds now par- as a result of such activities. tially in reserve, to fund NOAA's share of the PIDC effort. In addi- SEC. 5. The Secretary shall prescribe such regulations as may be tion, the Townsend Cromwell will continue to be used for support necessary to carry out the purposes of this Act. Any contract entered work. into pursuant to section 2 of this Act shall be subject to such terms S-K funds will be sufficient to meet the program needs through FY and conditions as the Secretary deems necessary and appropriate to 1977. However, the current authorization expires at the end of FY protect the interests of the United States. 1976. Consequently, an extension of the appropriation authorization SEC. 6. As used in this Act, the term "Central, Western, and South is necessary to permit the continuation of the program. Pacific Ocean" means that area of the Pacific Ocean between latitudes In addition to the funding just mentioned, NOAA will continue to 30 degrees north to 30 degrees south and from longitudes 120 degrees provide the services of the Townsend Cromwell through the end of the east to 130 degrees west. program. Therefore, to cover the funding anticipated, an authoriza- SEC. 7. There is authorized to be appropriated for the period begin- tion limit of $3 million over the three-year period (FY 1977 through ning July 1, 1973, and ending June 30, 1976, the sum of $3,000,000, FY 1979) is recommended. This amount includes $520,000 per year for and for the period beginning July 1, 1976, and ending September 30, the cost of operating and maintaining the Townsend Cromwell. 1979, the sum of $3,000,000, to carry out the purposes of this Act. Sums H.R. 1141 appropriated pursuant to this section shall remain available until expended. H.R. 1141 H. R. 13380 Ainety-fourth Congress of the United States of America AT THE SECOND SESSION Begun and held at the City of Washington on Monday, the nineteenth day of January, one thousand nine hundred and seventy-six An Act To amend the Central, Western, and South Pacific Fisheries Development Act to extend the appropriation authorization through fiscal year 1979, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Central, Western, and South Pacific Fisheries Development Act (86 Stat. 744; 16 U.S.C. 758a note) is amended— (1) by striking in section 2 the words "three-year"; (2) by striking in section 4 the words "June 30, 1976, a com- plete" and inserting in lieu thereof the words "January 30 of each year, an annual"; and (3) by inserting ", and for the period beginning July 1, 1976, and ending September 30, 1979, the sum of $3,000,000," in sec- tion 7. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.