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Code · BILL · 113th Congress · S. 2482 (Reported in Senate) — To implement the Convention on the Conservation and Management of the High Seas Fisheries Resources in the North Paci... · Sec. 8

Sec. 8. Cooperation in carrying out Convention

400 words·~2 min read·/bill/113/s/2482/rs/section-8

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The Secretary may cooperate with any Federal agency, any public or private institution or organization within the United States or abroad, and, through the Secretary of State, a duly authorized official of the government of any party to the North Pacific Fisheries Convention, in carrying out responsibilities under this Act. Each Federal agency is authorized, upon the request of the Secretary, to cooperate in the conduct of scientific and other programs and to furnish facilities and personnel for the purpose of assisting the Commission in carrying out its duties under the North Pacific Fisheries Convention.
Nothing in this Act, or in the laws of any State, prevents the Secretary or the Commission from— conducting or authorizing the conduct of fishing operations and biological experiments at any time for purposes of scientific investigation; or discharging any other duties prescribed by the North Pacific Fisheries Convention. Except as provided in subsection (e), nothing in this Act shall be construed to diminish or to increase the jurisdiction of any State in the territorial sea of the United States.
Regulations promulgated under this Act shall apply within the boundaries of any State bordering on the Convention Area if— the Secretary has provided notice to the State; the State does not request a formal agency hearing; and the Secretary determines that the State— has not, within a reasonable period of time after the promulgation of regulations under this Act, enacted laws that implement the recommendations of the Commission within the boundaries of the State; or has enacted laws that implement the recommendations of the Commission within the boundaries of the State that— are less restrictive than the regulations promulgated under this Act; or are not effectively enforced.
The regulations promulgated under this Act shall apply until the Secretary determines that the State is effectively enforcing within that State's boundaries measures that are as restrictive or more restrictive than the regulations promulgated under this Act. If a State requests a formal agency hearing, the Secretary shall not apply the regulations promulgated under this Act within that State’s boundaries unless the hearing record supports a determination under clause
(i)or
(ii)of paragraph (1)(C). To ensure that the purposes of subsection
(e)are carried out, the Secretary shall undertake a continuing review of the laws of each State to which subsection
(e)applies or may apply and the extent to which such laws and regulations are enforced.
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