APPENDIX II APPENDIX ITI 
the Marine Mammal Act is in addition to and not in contravention 
of any international convention, treaty or agreement, or statute 
implementing the same. This seems to mean that whalers are required 
to obtain two licenses and pay two fees before they may hunt 
whales--one is required under each act. It seems unnecessary 
to require two licenses and two fees to perform the same act, 
and if, in fact, only one license is required, the law should 
be clarified. 
Here, as in other areas, there are some laws which should 
be amended to reflect the transfer of power from the Secretary 
of the Interior to the Secretary of Commerce. See, for example, 
6M SS eC. eSS 7 oval and: ibe 
As pointed out earlier, Congress may want to consider trans- 
ferring from the Secretary of the Interior to the Secretary of 
Commerce those functions required under 16 U.S.C. §§661-664 
(unclear whether transfer has been made), 16 U.S.C. §§760-2 
telnet COOSA, ainel 1O WseSiaCa Guava et seq. In cach, case, they Eransier 
seems justified because the function to be transferred relates 
to fisheries to such an extent that it should properly vest in 
the authority in charge of fisheries--the Secretary of Commerce. 
One other transfer is appropriate for consideration: transfer 
from the Secretary of the Interior to the Administrator of EPA 
the obligation under 16 U.S.C. §757f£ to make recommendations 
concerning the elimination or reduction of polluting substances 
detrimental to fish and wildlife. 
B. Management Under the Fishery Conservation and Management 
Act of 1976 
The recently enacted Fishery Conservation and Management 
Act of 1976 goes beyond merely providing for conservation of 
resources. Until passage of the 1976 Act there appeared to be 
no overall management plan in the U.S. laws for U.S. fisheries. 
This Act, however, establishes a comprehensive plan for managing 
the fisheries. Title I establishes management authority of the 
United States within a "fishery conservation zone" that extends 
200 miles seaward from the coastline; Title II provides for 
foreign fishing under certain conditions; and Title III estab- 
lishes a national fishery management program for the conservation 
and management of fishery resources subject to exclusive U.S. 
fishery management authority. 
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