109 STAT. 396 PUBLIC LAW 104-43—NOV. 3, 1995 "(3) sections 104(h)(2) and 306(a) of the Marine Mammal Protection Act (16 U.S.C. 1374(h)(2) and 1416(a))— any vessel documented under the laws of the United States as of the date of enactment of the Fisheries Act of 1995 for which a license has been issued under subsection (a) may fish for tuna in the Treaty Area, including those waters subject to the jurisdiction of the United States in accordance with international law, subject to the provisions of the treaty and this Act, provided that no such vessel fishing in the Treaty Area intentionally deploys a purse seine net to encircle any dolphin or other marine mammal in the course of fishing under the provisions of the Treaty or this Act.". 16 USC 1821 SEC. 802. FOREIGN FISHING FOR ATLANTIC HERRING AND ATLANTIC note. MACKEREL. Notwithstanding any other provision of law— (1) no allocation may be made to any foreign nation or vessel under section 201 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) in any fishery for which there is not a fishery management plan implemented in accordance with that Act; and (2) the Secretary of Commerce may not approve the portion of any permit application submitted under section 204(b) of the Act which proposes fishing by a foreign vessel for Atlantic mackerel or Atlantic herring unless— (A) the appropriate regional fishery management council recommends under section 204(b)(5) of that Act that the Secretary approve such fishing, and (B) the Secretary of Commerce includes in the permit any conditions or restrictions recommended by the appropriate regional fishery management council with respect to such fishing. Approved November 3, 1995. LEGISLATIVE HISTORY—H.R. 716 (S. 267): HOUSE REPORTS: No. 104-47 (Comm. on Resources). SENATE REPORTS: No. 104-91 accompanying S. 267 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 141 (1995): Apr. 3, considered and passed House. June 30, considered and passed Senate, amended, in lieu of S. 267. Oct. 25, House concurred in Senate amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 31 (1995): Nov. 3, Presidential statement.
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