extension, of existing agreements beyond June 1, 1976, and requires the 

 renegotiation of treaties to make them accord to provisions of the Act. In 

 the event that a comprehensive Law of the Sea treaty conflicting with 

 the FMCA is agreed upon, the FMCA provides that the Secretary of 

 Commerce in consultation with the Secretary of State shall amend fish- 

 ery regulations to conform to the terms of the treaty. 



The FMCA is a watershed piece of legislation with regard to both in- 

 ternational policy and Federal/State relations. The Regional Councils, to 

 be established under the Act, will provide arenas for the accomodation 

 of coastal State interests in the establishment of fishery policy. 

 Moreover, the Act preserves the rights of States to regulate fishing 

 operations, beyond their boundaries, conducted by vessels registered in 

 those States. The Act even provides that State fishery management 

 measures may be incorporated in programs for the management of fish- 

 eries in the conservation zone. No State's authority to regulate fishing 

 within its own boundaries may be preempted unless, after the State has 

 been notified and given an opportunity for adversarial proceedings, the 

 Secretary of Commerce finds that fishing operations in a State-regulated 

 fishery occur largely in the conservation zone and that the consequences 

 of State action, or lack of action, adversely affect implementation of a 

 Federal fishery management plan for the conservation zone. At any time 

 that these conditions cease to exist, on application by the State, its 

 authority over fishing within its boundaries must be returned to it. 



Plans to implement the FMCA will be formulated during the coming 

 year, before the Act goes fully into effect. The impact of these plans on 

 fishery development programs will be reviewed in next year's Federal 

 Ocean Program report. 



Program Emphasis 



The estimated level of funding for the Federal Ocean Program in fis- 

 cal year 1977 is $83 million higher than in fiscal year 1976 and $174 

 million above the fiscal year 1975 budget. This rise reflects the con- 

 tinued high priority accorded to the developpient of ocean resources, the 

 protection of the marine environment, and supporting efforts, such as 

 oceanographic research and the development of ocean observation 

 systems, to provide data essential in a wide range of ocean activities. Ex- 

 penditures in other areas of the ocean program, while not rising as 

 rapidly, are projected at levels required for national security, mapping 

 and charting and other program interests. 



Federal efforts for the development of ocean resources are focused on 

 improving fishery management and enhancing energy supplies. A num- 

 ber of projects in the living resource category have assumed a new im- 

 portance with the enactment of the Fishery Conservation and Manage- 

 ment Act of 1976. The DOC will increase its budget for the appraisal and 



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