Page:United States Statutes at Large Volume 93.djvu/440

 93 STAT. 408

Reallocation. ^"/^a-

16 USC 1824.

PUBLIC LAW 96-61—AUG. 15, 1979 "(i) If on the date of certification, the foreign country has harvested a portion, but not all, of the quantity of fish specified under any allocation, the reduction under subparagraph (B) for that allocation shall be applied with respect to the quantity not harvested as of such date. "(ii) If the Secretary notified the Secretary of State that it is not likely that the certification of the foreign country will be terminated under section 8(d) of the Fishermen's Protective Act of 1967 before the close of the period for which an allocation is applicable or before the close of the remedial period (whichever close first occurs) the Secretary of State, in consultation with the Secretary, shall reallocate any portion of any reduction made under subparagraph (B) among one or more foreign countries for which no certification is in effect. "(iii) If the certification is terminated under such section 8(d) during the remedial period, the Secretary of State shall return to the foreign country that portion of any allocation reduced under subparagraph (B) that was not reallocated under clause (ii); unless the harvesting of the fish covered by the allocation is otherwise prohibited under this Act. "(iv) The Secretary may refund or credit, by reason of reduction of any allocation under this paragraph, any fee paid under section 204. "(D) If the certification of a foreign country is not terminated under section 8(d) of the Fishermen's Protective Act of 1967 before the close of the last day of the remedial period, the Secretary of State— "(i) with respect to any allocation made to that country and in effect (as reduced under subparagraph (B)) on such last day, shall rescind, effective on and after the day after such last day, any harvested portion of such allocation; and "(ii) may not thereafter make any allocation to that country under paragraph (1) until the certification is terminated.". (b) Section 8 of the Fishermen's Protective Act of 1967 (22 U.S.C. 1978) is amended— (1) by amending subsection (a) by redesignating paragraph (3) as paragraph (4), and by inserting immediately after paragraph (2) the following new paragraph: "(3) In administering this subsection, the Secretary of Commerce or the Secretary of the Interior, as appropriate, shall— "(A) periodically monitor the activities of foreign nationals that may affect the international programs referred to in paragraphs (1) and (2); "(B) promptly investigate any activity by foreign nationals that, in the opinion of the Secretary, may be cause for certification under paragraph (1) or (2); and "(C) promptly conclude; and reach a decision with respect to; any investigation commenced under subparagraph (B).". (2) by redesignating subsections (d) through (g) as subsections (e) through (h), respectively; and (3) by adding immediately after subsection (c) the following new subsection: "(d) After making a certification to the President under subsection (a), the Secretary of Commerce or the Secretary of the Interior, as the case may be, shall periodically review the activities of the nationals of the offending country to determine if the reasons for which the

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