Page:United States Statutes at Large Volume 92 Part 1.djvu/574

 92 STAT. 520 16 USC 1821.

16 USC 1824.

Publication in Federal Register.

PUBLIC LAW 95-354—AUG. 28, 1978 (4) Section 201(h)(1), as redesignated by paragraph (3), is amended to read as follows: "(1) shall contain a preliminary description of the fishery and a preliminary determination as to— " (A) the optimum yield from such fishery; "(B) when appropriate, the capacity and extent to which United States fish processors will process that portion of such optimum yield that will be harvested by vessels of the United States; and "(C) the total allowable level of foreign fishing with respect to such fishery;". (5) Section 204(b)(3)'is amended— (A) by amending subparagraph (D) to read as follows: "(D) the estimated amount of tonnage of fish which will be caught, taken, or harvested in each such fishery by each such vessel during the time the permit is in force;", (B) by redesignating subparagraph (E) as subparagraph (F),and (C) by inserting immediately after subparagraph (D) the following new subparagraph: " (E) the amount or tonnage of United States harvested fish, if any, which each such vessel proposes to receive at sea from vessels of the United States; and". (6) Section 204(b)(4) is amended by striking out "such application in the Federal Register and" and inserting in lieu thereof "a notice of receipt of the application in the Federal Register. Any such notice shall summarize the contents of the applications f I'om each nation included therein with respect to the matters described in paragraph (3) and shall be set forth under the name of each Council to which it will be transmitted for comment. The Secretary of State". (7) Section 204(b)(6) is amended— (A) by inserting " (A) " before "After" in the first sentence thereof, (B) by inserting ", subject to subparagraph (B)," immediately after "may approve" in the second sentence thereof, and (C) by adding at the end thereof the following new subparagraph: "(B)(i) In the case of any application which specifies that one or more foreign fishing vessels propose to receive at sea United States harvested fish from vessels of the United States, the Secretary may approve the application unless the Secretary determines, on the basis of the views, recommendations, and comments referred to in subparagraph (A) and other pertinent information, that United States fish processors have adequate capacity, and will utilize such capacity, to process all United States harvested fish from the fishery concerned.

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