Page:United States Statutes at Large Volume 96 Part 2.djvu/1119

 PUBLIC LAW 97-453—JAN. 12, 1983

Public Law 97-453 97th Congress

96 STAT. 2481

An Act

To improve fishery conservation and management.

Jan. 12, 1983 [H.R. 5002]

Be it enacted by the Senate and House of Representatives of the Fishery United States of America in Congress assembled, SECTION 1. AMENDMENT REFERENCE.

Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or subsection, the reference shall be considered to be made to a section or subsection of the Act entitled "An Act to provide for the conservation and management of the fisheries, and for other purposes", approved April 13, 1976 (90 Stat. 331 et seq., 16 U.S.C. 1801 et seq,). SEC. 2. FOREIGN FISHING.

(a) Section 201 (16 U.S.C. 1821) is amended as follows: (1) Subsection (c)(2)(D) is amended to read as follows: "(D) United States observers required under subsection (i) be permitted to be stationed aboard any such vessel and that all of the costs incurred incident to such stationing, including the costs of data editing and entry and observer monitoring, be paid for, in accordance with such subsection, by the owner or operator of the vessel;". (2) Subsection (c)(4) is amended— (A) by striking out "and" at the end of subparagraph (B); (B) by striking out the period at the end of subparagraph (C) and inserting in lieu thereof "; and"; and (C) by adding at the end thereof the following new subparagraph: "(D) take, or refrain from taking, as appropriate, actions of the kind referred to in subsection (e)(1) in order to receive favorable allocations under such subsection.". (3) The first sentence of subsection (d)(4) is amended by striking out "shall be allocated" in the matter following subparagraph (B) and inserting in lieu thereof "may be allocated". (4) Subsection (e)(l) is amended to read as follows: "(e) ALLOCATION OP ALLOWABLE LEVEL.—(I)(A) The Secretary of State, in cooperation with the Secretary, sh^l determine the allocation among foreign nations of the total allowable level of foreign fishing which is permitted with respect to each fishery subject to the exclusive fishery management authority of the United States. "(B) From the determinations made under subparagraph (A), the Secretary of State shall compute the aggregate of all of the fishery allocations made to each foreign nation. "(C) The Secretary of State shall initially release to each foreign nation for harvesting up to 50 percent of the allocations aggregate computed for such nation under subparagraph (B), and such release of allocation shall be apportioned by the Secretary of State, in cooperation with the Secretary, among the individual fishery allocations determined for that nation under subparagraph (A). The basis

conservation and management, improvement.

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