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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States of America his copyrights in all of his unpublished writings in National Archives collections.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.