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9 Legislative History of the Civil Rights Act of 1964 Public Law 88-352 12959 (1964)

handle is hein.leghis/lhicril0009 and id is 1 raw text is: CONGRESSIONAL RECORD - SENATE national consultations and confirms the fact that king crab are to be counted as Continental Shelf resources. I now turn to another problem area which the ratification of the convention brings to light, and introduce, for ap- propriate reference, a bill to clarify the State's regulatory jurisdiction over Con- tinental Shelf fishery resources. Our present domestic legislation does not provide a definite locus for such reg- ulatory responsibility. Neither the Federal Government nor the State gov- ernments now have statutory authority to provide directly for the conservation of these resources. My bill would assign responsibilities for the fishery resources of the Continental Shelf to the several States. It is clear that at the present time some States are in fact regulating their fishery resources through the adoption of so-called landing laws. These State laws prohibit the landing, sale, or trans- portation of fishery resources taken from the Continental Shelf if they have been taken in a manner not consistent with the regulations the States have adopted vis-a-vis their territorial seas. Nevertheless, I believe that the matter should be clarified. States should be formally and effectively enabled to reg- ulate their Continental Shelf fisheries just as they do their other fisheries. Federal legislation of this nature should be consistent with congressional policy, as expressed in the Submerged Lands Act and the Outer Continental Shelf Lands Act of 1954. These acts confirm State jurisdiction over fishery resources within territorial waters. My bill would simply extend this jurisdiction to cover fishery resources of the Continental Shelf out- side territorial waters. Now it is true that the same 1954 leg- islation placed the mineral resources of the Outer Continental Shelf under Fed- eral jurisdiction, The Secretary of the Interior was granted authority to ad- minister the leasing of the outer shelf lands and to provide for the prevention of waste and misuse, in cooperation with the conservation agencies of the adja- cent States. The rationale operating here, however, involved a consideration of the substantial monetary value of the mineral leases and royalties, as well as the static and semipermanent quality of the lessees' operations. Living fishery resources are not comparable to these mineral resources. Leases and royalties are not involved; the operations are not as permanent, nor their number as lim- ited. Jurisdiction over fishery resources, of course, implies only the responsibility for managing the resources so that they will be conserved and developed for the bene- fit of present and future generations. Since the States are currently responsible for the resources within territorial wa- ters and on the seabed beneath these waters, it seems logical and practical to extend this responsibility to the Outer Continental Shelf. Otherwise, split ju- risdictions would result from Federal management of resurces adjacent to those under State control. Division of regulatory responsibility would place a costly and difficult If not impossible task on both the States and the Federal Gov- ernment. As I introduce this Continental Shelf fisheries bill, I naturally am aware of the overriding importance of civil rights leg- islation and other business pending be- fore the Senate. Nevertheless, I intro- duce the bill at this time to foster a heightened awareness among my col- leagues and the general public as to the merits of and the need for such legisla- tion. I ask unanimous consent that the text of the bill be printed at this point in the RECORD. The ACTING PRESIDENT pro tem- pore. The bill will be received and ap- propriately referred; and, without objec- tion, the bill will be printed in the RECORD. The bill (S. 2903) to provide for the conservation of certain fishery resources on the seabed or in the subsoil of the Outer Continental Shelf, introduced by Mr. BARTLETT, was received, read twice by its title, referred to the Committee on Commerce, and ordered to be printed in the RECORD, as follows: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That each State, Commonwealth, or possession having jurisdiction over the fisheries within terri- torial waters of the United States shall have exclusive jurisdiction over the management, regulation, and conservation of living orga- nisms belonging to the sedentary species which appertain to the United States pur- suant to the Convention on the Continental Shelf recommended by the United Nations International Convention on the Law of the .Sea and ratified by the United States on April 12, 1961, from that portion of the Con- tinental Shelf which is contiguous to the boundaries of the State, Commonwealth, or possession. SEC. 2. The boundaries of each State, Com- monwealth or possession extending seaward to the outer margin of the Continental Shelf shall be determined and defined by the Presi- dent as provided in section 4(2) of the Outer Continental Lands Act. ADDRESSES, EDITORIALS, ARTI- CLES, ETC., PRINTED IN THE AP- PENDIX On request, and by unanimous con- sent, addresses, editorials, articles, etc., were ordered to be printed in the Ap- pendix, as follows: By Mr. KEATING: Statement by him relating to the National Day of Portugal. Article entitled The Presidency: Succes- sion and Disability, written by Walter Lipp- mann and published in the Washington (D.C.) Post and Times Herald on June 9, 1964. By Mr. THURMOND: Resolution of board of directors of South- ern States Industrial Council in opposition to civil rights bill (H.R. 7192). By Mr. BEALL: Statements at ceremonies in connection with the dedication of the Blaustein Build- ing in Baltimore. SOUTHEAST ASIA AND LAOS Mr. MORSE. Mr. President, it is sad when the United States violates inter- national law, now in Laos, as well as in South Vietnam. The United States now stands in violation of the Geneva accords of both 1954 and 1962 in Laos as well as in South Vietnam. In this morning's newspapers we read that the United States is temporarily subsiding from sending armed planes over Laos, but as- surance is given that our desisting may be only temporary. It is a fact that the United States is in clear violaition of the Geneva accords of 1954 and 1962. Those accords spe- cifically prohibit sending into Laos any armed planes or any armed military per- sonnel, by any foreign power. We have done both. We in fact have committed acts of war in both Laos and South Viet- nam in clear violation of the Constitu- tion of the United States, the Geneva accords, and the United Nations Charter. Our record of irresponsibility in the realm of foreign affairs is inexcusable and a national shame. Mr. President, it is also sad that the officials of the United Nations are not calling the United States to an account- ing. The United States and Red China are certainly violating the Geneva ac- cords. I think North Vietnam and South Vietnam are doing so, too, and probably Cambodia. Certainly this matter should be brought without delay before the United Nations. The Secretary General, Mr. U Thant, cannot justify his failure to call the United States to an accounting for its outlawing. I regret that the U.S. Ambassador to the United Nations, Mr. Adlai Stevenson, has so completely failed to fulfill his responsibilities of trustee- ship to the United Nations, under its charter. In my opinion he has nullified his leadership and weakened his effec- tiveness. He has extinguished his lamp of international statesmanship. Mr. President, if the United States and Red China are not stopped in the war- making program they are conducting in southeast Asia, millions of Americans and millons of the peoples of other countries in the world will be jeopar- dized, because the United States and Red China cannot proceed, as they are now proceeding without ending up in war. They are fast getting themselves into a position in which some accident or delib- erate act of military aggression will start a war betweerf the United States and Red China. Such a war would jeopard- ize all mankind. I believe it is vital to world peace that my country place the whole southeast Asia crisis before the United Nations, with a formal request that it take over jurisdiction under the United Nations Charter. In speaking in the Senate during the past several weeks I have quoted at some length from articles 33, 37, and 51' of of the United Nations Charter. At the moment I now speak, the United States stands guilty of violating those and other sections of the United Nations Charter as a result of its conduct *in southeast Asia. I But, Mr. President, there is still time for our Government to change its course of outlawry in southeast Asia and to bring this whole issue under the canopy of the United Nations, for determination under the rules and procedures of inter- national law set out in the United Na- tion3 Charter. 1964 12959

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