APPENDIX VI APPENDIX VI 
of the Sea ended on May 7, 1976, with revised single negotiating texts 
covering the most important issues, including the question of juris- 
diction and control over living resources of the sea. The articles 
dealing with fisheries are in general similar to those found in the 
Fishery Conservation and Management Act signed by the President. There 
are some major discrepancies, however, that will require study and will, 
at least initially, cause difficulties in reaching new agreements with 
the foreign nations fishing off the United States coast within the 200- 
mile zone. 
The single negotiating text from the Fourth LOS Conference meeting 
is just that.!* That is, it is not an agreed text nor has the United 
States or any other nation of the world agreed to the provisions for the 
conservation of living resources which are included. On the other hand, 
the revised text is very similar to the orginal single negotiating text 
produced at the Geneva LOS meeting of 1975. This indicates that the 
leaders of the conference believe that the provisions included in the 
articles on living resources are about as close to a consensus as can be 
achieved. 
LOS AND THE FCMA 
The Law of the Sea Convention will consist of four parts, providing 
agreement can be reached: The first deals with legal regime of the 
deep-sea bed; the second deals with boundaries, fisheries, the status of 
islands, and navigation; and the third part deals with regulations of 
shipboard pollution and the protection and preservation of the marine 
environment, along with provisions for the conduct of marine scientific 
research. The recently passed Fishery Conservation and Management Act 
of 1976 deals with fisheries and other living marine resources. Thus, 
the problem of consistency between the FCMA and the LOS text is limited 
largely, but not exclusively, to those articles in the Law of the Sea 
single negotiating text dealing with living resources. It is conceiv- 
able that the differences between the two will be of such a nature that 
the Congress will accept the text produced by the Law of the Sea Conference 
and amend the domestic law. 
It is more likely, however, that there will be substantial differences 
between the single negotiating texts and the United States legislation. 
The Law of the Sea text does not deal with national management provisions, 
but does refer to fishing controls, enforcement, and dispute settlement 
questions within the 200-mile zone and the high seas beyond. For example, 
one major difference between the single negotiating text and the United 
States law, involves the treatment of highly migratory species of fish 
such as tuna. The provisions of the Law of the Sea text give the coastal 
state control over the highly migratory species within its 200-mile 
exclusive economic zone, while the United States legislation specifically 
excludes highly migratory species from the exclusive management authority 
12The Fifth meeting of the U.N. Law of the Sea Conference will take 
place from August 2 through September 17, 1976. It is unlikely that 
the Conference will complete its task by the end of that meeting. 
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