Page:United States Statutes at Large Volume 90 Part 1.djvu/387

 PUBLIC LAW 94-265—APR. 13, 1976

90 STAT. 337

TITLE II—FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS SEC. 201. FOREIGN FISHING.

(a) IN GENERAL.—After February 28, 1977, no foreign fishing is 16 USC 1821. authorized within the fishery conservation zone, or for anadromous species or Continental Shelf fishery resources beyond the fishery conservation zone, unless such foreign fishing— (1) is authorized under subsection (b) or (c); (2) is not prohibited by subsection (f); and (3) is conducted under, and in accordance with, a valid and applicable permit issued pursuant to section 204. (b)

EXISTING INTERNATIONAL FISHERY AGREEMENTS.—Foreign

fishing described in subsection (a) may be conducted pursuant to an international fishery agreement (subject to the provisions of section 202(b) or (c)), if such agreement— (1) was in effect on the date of enactment of this Act; and (2) has not expired, been renegotiated, or otherwise ceased to be of force and effect with respect to the United States. (c)

GOVERNING INTERNATIONAL FISHERY AGREEMENTS.—Foreign

fishing described in subsection (a) may be conducted pursuant to an international fishery agreement (other than a treaty) which meets the requirements of this subsection if such agreement becomes effective after application of section 203. Any such international fishery agreement shall hereafter in this Act be referred to as a "governing international fishery agreement". Each governing international fishery agreement shall acknowledge the exchisive fishery management authority of the United States, as set forth in this Acit. I t is the sense of the Congress that each such agreement shall include a binding commitment, on the part of such foreign nation and its fishing vessels, to comply with the following terms and conditions: (1) The foreign nation, and the owner or operator of any fishing vessel fishing pursuant to such agreement, will abide by all regulations promulgated by the Secretary pursuant to this Act, including any regulations promulgated to implement any applicable fishery management plan or any preliminary fishery management plan. (2) The foreign nation, and the owner or operator of any fishing vessel fishing pursuant to such agreement, will abide by the requirement that— (A) any officer authorized to enforce the provisions of this Act (as provided for in section 311) be permitted— (i) to board, and search or inspect, any such vessel at any time, (ii) to make arrests and seizures provided for in section 311(b) whenever such officer has reasonable cause to believe, as a result of such a search or inspection, that any such vessel or any person has committed an act prohibited by section 307, and (iii) to examine and make notations on the permit issued pursuant to section 204 for such vessel; (B) the permit issued for any such vessel pursuant to section 204 be prominently displayed in the wheelhouse of such vessel; (C) transponders, or such other appropriate positionfixing and identification equipment as the Secretary of the department in which the Coast Guard is operating determines

Terms and conditions.

Post, p. 358.

Post, p. 355.

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