Page:United States Statutes at Large Volume 90 Part 1.djvu/388

 90 STAT. 338

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PUBLIC LAW 94-265—APR. 13, 1976 to be appropriate, be installed and maintained in working order on each such vessel; (D) duly authorized United States observers be permitted on board any such vessel and that the United States be reimbursed for the cost of such observers; (E) any fees required under section 204(b) (10) be paid in advance; (F) agents be appointed and maintained within the United States who are authorized to receive and respond to any legal process issued in the United States with respect to such owner or operator; and (G) responsibility be assumed, in accordance with any requirements prescribed by the Secretary, for the reimbursement of United States citizens for any loss of, or damage to, their fishing vessels, fishing gear, or catch which is caused by any fishing vessel of that nation; and will abide by any other monitoring, compliance, or enforcement requirement related to fishery conservation and management which is included in such agreement. (3) The foreign nation and the owners or operators of all of the fishing vessels of such nation shall not, in any year, exceed such nation's allocation of the total allowable level of foreign fishing, as determined under subsection (e). (4) The foreign nation will— (A) apply, pursuant to section 204, for any required permits; (B) deliver promptly to the owner or operator of the appropriate fishing vessel any permit which is issued under that section for such vessel; and (C) abide by, and take appropriate steps under its own laws to assure that all such owners and operators comply with, section 204(a) and the applicable conditions and restrictions established under section 204(b)(7). (d) TOTAL ALLOWABLE LEVEL or FOREIGN FISHING.—The total allowable level of foreign fishing, if any, with respect to any fishery subject to the exclusive fishery management authority of the United States, shall be that portion of the optimum yield of such fishery which will not be harvested by vessels of the United States, as determined in accordance with the provisions of this Act, (e) ALLOCATION OF ALLOWABLE LEVEL.^—The Secretary of State, in cooperation with the Secretary, shall determine the allocation among foreign nations of the total allowable level of foreign fishing which is permitted with respect to any fishery subject to the exclusive fishery management authority of the United States. In making any such determination, the Secretary of State and the Secretary shall consider— (1) whether, and to what extent, the fishing vessels of such nations have traditionally engaged in fishing in such fishery; (2) whether such nations have cooperated with the United States in, and made substantial contributions to, fishery research and the identification of fishery resources; (3) whether such nations have cooperated with the United States in enforcement and with respect to the conservation and management of fishery resources; and (4) such other matters as the Secretary of State, in cooperation with the Secretary, deems appropriate. (f) RECIPROCITY.—Foreign fisning shall not be authorized for the fishing vessels of any foreign nation unless such nation satisfies the

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