Page:United States Statutes at Large Volume 90 Part 1.djvu/394

 90 STAT. 3 4 4

Transmittal to congressional committees.

PUBLIC LAW 94-265—APR. 13, 1976 (A) A l l of the requirements of any applicable fishery management plan, or preliminary fishery management plan, and the regulations promulgated to implement any such plan. (B) The requirement that no permit may be used by any vessel other than the fishing vessel for which i t is issued. (C) The requirements described in section 201(c)(1), (2), and (3). (D) Any other condition and restriction related to fishery conservation and management which the Secretary prescribes as necessary and appropriate. (8) NOTICE OF APPROVAL.—The Secretary shall p r o m p t l y transmit a copy of each application approved under paragraph (6) and the conditions and restrictions established under paragraph (7) U>(A) the Secretary of State for transmittal to the foreign nation involved; (B) the Secretary of the department in which the Coast G u a r d is operating; (C) any Council which has authority over any fishery specified in such application; and (D) the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committees on Commerce and Foreign Relations of the Senate. (9) DISAPPROVAL o r APPLICATIONS.—If the Secretary does not

approve any application submitted by a foreign nation under this subsection, he shall promptly inform the Secretary of State of the disapproval and his reasons therefore. The Secretary of State shall notify such foreign nation of the disapproval and the reasons therefor. Such foreign nation, after taking into consideration the reasons for disapproval, may submit a revised application under this subsection. (10) FEES.—Reasonable fees shall be paid to the Secretary by the owner or operator of any foreign fishing vessel for which a permit is issued pursuant to this subsection. The Secretary, in consultation with the Secretary of State, shall establish and publish a schedule of such fees, which shall apply nondiscriminatorily to each foreign nation. I n determining the level of such fees, the Secretary may take into account the cost of carrying out the provisions of this Act with respect to foreign fishing, including, but not limited to, the cost of fishery conservation and management, fisheries research, administration, and enforcement. (11) ISSUANCE OF PERMITS.—If a foreign nation notifies the

Secretary of State of its acceptance of the conditions and restrictions established by the Secretary under paragraph (7), the Secretary of State shall promptly transmit such notification to the Secretary. Upon payment of the applicable fees established pursuant to paragraph (10), the Secretary shall thereupon issue to such foreign nation, through the Secretary of State, permits for the a p p r o p r i a t e fishing vessels of that nation. E a c h permit shall contain a statement of all conditions and restrictions established under paragraph (7) which apply to the fishing vessel for which the permit is issued. (12) SANCTIONS.—If any foreign fishing vessel for which a permit has been issued pursuant to this subsection has been used in the commission of any act prohibited by section 307 the Secretary may, or if any civil penalty imposed under section 308 or any criminal fine imposed under section 309 has not been paid and is overdue the Secretary shall—

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