Page:United States Statutes at Large Volume 96 Part 2.djvu/1120

 96 STAT. 2482

PUBLIC LAW 97-453—JAN. 12, 1983

on which each apportionment is made under this subparagraph shall be stated in writing by the Secretary of State. "(D) After the initial release of fishery allocations under subparagraph (C) to a foreign nation, any subsequent release of an allocation for any fishery to such nation shall only be made— "(i) after the lapse of such period of time as may be sufficient ^ for puiposes of making the determination required under clause (ii);ana "(ii) if the Secretary of State and the Secretary, after taking into account the size of the allocation for such f&hery and the length and timing of the fishing season, determine in writing that such nation is complying with the purposes and intent of this paragraph with respect to such fishery. If the foreign nation is not determined under clause (ii) to be in such compliance, the Secretary of State shall reduce, in a manner and quantity he considers to be appropriate (I) the remainder of such allocation, or ^) if all of such allocation has been released, the next allocation of such fishery, if any, made to such nation. "(E) The determinations required to be made under subparagraphs (A) and (D)(ii), and the apportionments required to be made under subparagraph (C), with respect to a foreign nation shall be based on— "(i) whether, and to what extent, such nation imposes tariff barriers or nontariff barriers on the importation, or otherwise restricts the market access, of United States fish or fishery products; "(ii) whether, and to what extent, such nation is cooperating with the United States in the advancement of existing and new opportunities for fisheries trade, particularly through the purchase of fish or fishery products from United States processors or from United States fishermen; "(iii) whether, and to what extent, such nation and the fishing fleets of such nation have cooperated with the United States in the enforcement of United States fishing regulations; "(iv) whether, and to what extent, such nation requires the fish harvested from the fishery conservation zone for its domestic consumption; "(v) whether, and to what extent, such nation otherwise contributes to, or fosters the growth of, a sound and economic United States fishing industry, including minimizing gear conflicts with fishing ofterations of United States fishermen, and transferring harvesting or processing technology which will benefit the United States fishing industry; "(vi) whether, and to what e ^ n t, the fishing vessels of such nation have traditionally engaged in fishing in such fishery; "(vii) whether, and to what extent, such nation is cooperating with the United States in, and making substantial contributions to, fishery research and the identification of fishery resources; and "(viii) such other matters as the Secretary of State, in cooperation with the Secretary, deems appropriate.". (5)(A) Subsection (i) is amended— (i) by amending paragraph (3) to read as follows: "(3) Observers, while stationed aboard forei^ fishing vessels, shall carry out such scientific, compliance monitoring, and other functions as the Secretary deems necessary or appropriate to carry out the purposes of this Act; and shall cooperate in carrying out

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