vessels within the fishery conservation zone during the preced- SEC. 233. FISHERY DEVELOPMENT OBJECTIVES. Section 2(b)(6) of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1801(b)(6)) is amended by inserting immediately before the period at the end thereof the following: ", and to that end, to ensure that optimum yield determinations promote such development". SEC. 234. FISHERY MANAGEMENT COUNCIL TRAVEL FUNDS. The second sentence of section 302(d) of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1852(d)) is amended by striking out the period and inserting in lieu thereof the following: ", and other nonvoting members may be reimbursed for actual expenses". SEC. 235. NOTICE OF AVAILABILITY OF MANAGEMENT PLANS. Section 305(a) of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1855(a)) is amended by inserting "a notice of availability of" immediately after "Federal Register (A)". SUBPART 2-FULL OBSERVER COVERAGE PROGRAM SEC. 236. ESTABLISHMENT OF FULL OBSERVER COVERAGE PROGRAM. Section 201 of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1821) is amended by adding at the end thereof the following new subsection: "(i) FULL OBSERVER COVERAGE Program.-(1) Except as provided in paragraph (2), the Secretary shall establish a program under which a United States observer will be stationed aboard each foreign fishing vessel while that vessel is engaged in fishing within the fishery conservation zone. "(2) The requirement in paragraph (1) that a United States Waiver. observer be placed aboard each foreign fishing vessel may be waived by the Secretary if he finds that "(A) in a situation where a fleet of harvesting vessels transfers its catch taken within the fishery conservation zone to another vessel, aboard which is a United States observer, the stationing of United States observers on only a portion of the harvesting vessel fleet will provide a representative sampling of the by-catch of the fleet that is sufficient for purposes of determining whether the requirements of the applicable management plans for the bycatch species are being complied with; "(B) with respect to any foreign fishing vessel while it is engaged in fishing within the fishery conservation zone "(i) the time during which the vessel engages in such fishing will be of such short duration that the placing of a United States observer aboard the vessel would be impractical, or Ante, p. 3298. Foreign Fishing 16 USC 1821 note. 16 USC 1824. 16 USC 1821 note. 22 USC 1980 note. "(ii) the facilities of the vessel for the quartering of a United States observer, or for the carrying out of observer functions, are so inadequate or unsafe that the health or safety of an observer would be jeopardized; or "(C) for reasons beyond the control of the Secretary, an observer is not available. “(3) United States observers, while aboard foreign fishing vessels, shall carry out such scientific and other functions as the Secretary deems necessary or appropriate to carry out the purposes of this Act. "(4) In addition to any fee imposed under section 204(b)(10) of this Act and section 10(e) of the Fishermen's Protective Act of 1967 (22 U.S.C. 1980(e)) with respect to foreign fishing for any year after 1980, the Secretary shall impose, with respect to each foreign fishing vessel for which a permit is issued under such section 204, a surcharge in an amount sufficient to cover all the costs of providing a United States observer aboard that vessel. The failure to pay any surcharge imposed under this paragraph shall be treated by the Secretary as a failure to pay the permit fee for such vessel under section 204(b)10) All surcharges collected by the Secretary under this paragraph shall be deposited in the Foreign Fishing Observer Fund established by paragraph (5). "(5) There is established in the Treasury of the United States the Foreign Fishing Observer Fund. The Fund shall be available to the Secretary as a revolving fund for the purpose of carrying out this subsection. The Fund shall consist of the surcharges deposited into it as required under paragraph (4). All payments made by the Secretary to carry out this subsection shall be paid from the Fund, only to the extent and in the amounts provided for in advance in appropriation Acts Sums in the Fund which are not currently needed for the purposes of this subsection shall be kept on deposit or invested in obligations of, or guaranteed by, the United States.". SEC. 237. EFFECTIVE DATE. The amendment made by section 236 shall take effect October 1, 1981, and shall apply with respect to permits issued under section 204 of the Fishery Conservation and Management Act of 1976 after December 31, 1981. SEC. 238. SHORT TITLE. (a) Effective 15 days after the date of enactment of this title, section 1 of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1801) is amended to read as follows: "That this Act may be cited as the 'Magnuson Fishery Conservation and Management Act'.". (b) Effective 15 days after the date of enactment of this title, all references to the Fishery Conservation and Management Act of 1976 shall be redesignated as references to the Magnuson Fishery Conservation and Management Act. PART D-MISCELLANEOUS PROVISIONS SEC. 240. APPLICATIONS AND FILINGS FOR COMPENSATION FOR CER- (a) IN GENERAL.—If— (1) any owner or operator of a fishing vessel who suffered, after September 17, 1978, and before the date of the enactment of this title, damage to, or loss or destruction of, such vessel or fishing gear used with such vessel, but did not apply for compensation therefor under section 10 of the Fishermen's Protective Act of 1967 (22 U.S.C. 1980) within the 60-day period prescribed in (2) any commercial fisherman who suffered, after September such owner or operator may make application for compensation with respect to such damage, loss or destruction under such section 10, and such commercial fisherman may file a claim for, compensation for such damages under such title IV, to the Secretary of Commerce, within the 60-day period beginning on the date of the enactment of this title. (b) SPECIAL PROVISIONS.-(1) Notwithstanding any other provision of law 43 USC 1845. (A) any application or filing timely made under subsection (a) shall be treated by the Secretary of Commerce as an application timely made under such section 10(cX1), or as a filing timely Infra. made under such section 405(a), as the case may be, with respect 43 USC 1845. to the damage, loss, or destruction claimed; and (B) any claim for fishing gear loss that was pending on June 1, 1980, before the United States-Union of Soviet Socialist Republics Fisheries Claims Board or the American-Spanish Fisheries Board shall be treated by the Secretary of Commerce as a timely application made, on the date of the enactment of this title, under such section 10(c)(1) for compensation for such loss. (2) Section 403(c)(2)(A) of the Outer Continental Shelf Lands Act Amendments of 1978 (43 U.S.C. 1843(c)(2)(A)) is amended by striking out the semicolon at the end thereof and inserting in lieu thereof "and the party admits responsibility;". SEC. 241. AMENDMENTS TO FISHERMEN'S PROTECTIVE ACT OF 1967. Section 10 of the Fishermen's Protective Act of 1967 (22 U.S.C. 1980) is amended as follows: (1) Subsection (a) is amended by adding at the end thereof the following: "(4) The term 'resulting economic loss' means the gross income, as estimated by the Secretary, that a fishing vessel owner or operator who is eligible for compensation under this section for damage to, loss of, or destruction of, a fishing vessel or the fishing gear used with such vessel will lose by reason of not being able to engage in fishing, or having to reduce his fishing effort, during the period before the vessel or gear, or both, are repaired or replaced and available for use.". (2) Subsection (b) is amended (A) by inserting "and for any resulting economic loss", immediately after ", or both," in the matter preceding paragraph (1); and (B) by striking out paragraph (2)(B) and inserting in lieu thereof the following: "(B) is attributable to any other vessel, whether or not such vessel is a vessel of the United States. For purposes of subparagraph (B), there shall be a rebuttable presumption that any damage, loss, or destruction of fishing gear is attributable to another vessel.". "Resulting economic loss." (3) Subsection (c) is amended by inserting "and resulting economic loss" immediately after "destruction" in the matter appearing immediately before paragraph (1). (4) Subsection (d) is amended (A) by inserting ", and resulting economic loss," immediately after "destruction" in paragraph (1); and (B) by amending paragraph (2) to read as follows: "(2) The amount of compensation awarded to any vessel owner under this section shall be "(A) the depreciated replacement cost, or the repair cost, whichever cost is less, of the fishing vessel or the fishing gear concerned; and "(B) 25 percent of any resulting economic loss. Any amount determined pursuant to subparagraph (A) or (B) Ishall be reduced to the extent that evidence indicates that negligence by the vessel owner or operator contributed to the cause or the extent of the damage, loss, or destruction and shall be further reduced by the amount of compensation, if any, that the vessel owner or operator has received or will receive with respect to the damage, loss, destruction, or resulting economic loss through insurance, pursuant to any other provision of law, or otherwise.". Approved December 22, 1980. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 96-1243, pt. 1 accompanying H.R. 6959 (Comm. on Merchant Marine and Fisheries) and No. 96–1243, pt. 2 accompanying H.R. 6959 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 96-667 (Comm. on Commerce, Science, and Transportation and Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 126 (1980): May 5, considered and passed Senate. Sept. 23, H.R. 6959 considered and passed House; passage vacated and S. 21€3, amended, passed in lieu. Dec. 3, Senate concurred in House amendment with an amendment. Dec. 4, House concurred in Senate amendment. Dec. 22, 1980 [S. 1148] Marine Protection, Research, and Sanctuaries Act, title I To reauthorize title I of the Marine Protection, Research, and Sanctuaries Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. Section 111 of the Marine Protection, Research, and Sanctuaries Act is amended by striking "and" following "1977," and reauthorization. inserting "not to exceed $2,000,000 for each of fiscal year 1980, fiscal year 1981, and fiscal year 1982," immediately after "1978,". SEC. 2. Section 4 of Public Law 95-153 (33 U.S.C. 1412a) is amended 33 USC 1420. Dumping permits. 33 USC 1411. 33 USC 1411. (1) by amending subsection (a)— (A) by inserting “and industrial waste" immediately after "sewage sludge", (B) by striking out "Public Law 92-532" and inserting in lieu thereof "the Marine Protection, Research, and Sanctuaries Act of 1972", (C) by inserting", except as provided in subsections (b) and (c)," immediately before "in no case", and (D) by striking out "the Marine Protection, Research, and Sanctuaries" and inserting in lieu thereof "such"; and (2) by striking out subsection (b) and inserting in lieu thereof the following: "(b) After December 31, 1981, the Administrator may issue permits under such title I for the dumping of industrial waste into ocean waters, or into waters described in such section 101(b), if the Administrator determines "(1) that the proposed dumping is necessary to conduct research "(A) on new technology related to ocean dumping, or "(B) to determine whether the dumping of such substance will unreasonably degrade or endanger human health, welfare, or amenities, or the marine environment, ecological systems, or economic potentialities; "(2) that the scale of the proposed dumping is such that the dumping will have minimal adverse impact upon the human health, welfare, and amenities, and the marine environment, ecological systems, and economic potentialities; and "(3) after consultation with the Secretary of Commerce, that the potential benefits of such research will outweigh any such adverse impact. Each permit issued pursuant to this subsection shall be subject to such conditions and restrictions as the Administrator determines to be necessary to minimize possible adverse impacts of such dumping. No permit issued by the Administrator pursuant to this subsection may have an effective period of more than six consecutive months. "(c) After December 31, 1981, the Administrator may issue emergency permits under such title I for the dumping of industrial waste into ocean waters, or into waters described in such section 101(b), if |