Page:United States Statutes at Large Volume 96 Part 2.djvu/1121

 PUBLIC LAW 97-453—JAN. 12, 1983

96 STAT. 2483

such other scientific programs relating to the conservation and management of living resources as the Secretary deems appropriate."; and (ii) by adding at the end thereof the following new paragraph: "(6) If at any time the requirement set forth in paragraph (1) cannot be met because of insufficient appropriations, the Secretary shall, in implementing a supplementary observer program: "(A) certify as observers, for the purposes of this subsection, individuals who are citizens or nationals of the United States and who have the requisite education or experience to carry out the functions referred to in paragraph (3); "(B) establish standards of conduct for certified observers equivalent to those applicable to Federal personnel; "(C) establish a reasonable schedule of fees that certified observers or their agents shall be paid by the owners and operators of foreign fishing vessels for observer services; and "(D) monitor the performance of observers to ensure that it meets the purposes of this Act". (6) Such section is further amended by adding at the end thereof the following new subsection: "(j) RECREATIONAL FISHINO.—Notwithstanding any other provision of this title, foreign fishing vessels which are not operated for profit may engage in recreational fishing within the fishery conservation zone and the waters within the boundaries of a State subject to obtaining such permits, paying such reasonable fees, and complying with such conditions and restrictions as the Searetary and the Governor of the State (or his designee) shall impose as being necessary or appropriate to insure that the fishing activity of such foreign vessels within such zone or waters, respectively, is consistent with all applicable Federal and State laws and any applicable fishery management plan implemented under section 305. The Secretary shall consult with the Secretary of State and the Secretary of the Department in which the Coast Guard is operating in formulating the conditions and restrictions to be applied by the Secretary under the authority of this subsection.". (b) The amendments made by subsection (a)(1) and (5)(A)(ii) shall take effect January 1, 1984. SEC. 3. FOREIGN FISHING PERMITS.

Section 204(b) (16 U.S.C. 1824(b)) is amended— (1) by inserting "hold" immediately before "capacity" in paragraph (3)(B); (2) by striking out "and shall be set forth under the name of each Council to which it will be transmitted for comment" in that portion of paragraph (4) which precedes subparagraph (A); (3) by striking out subparagraphs (B) and (C) of paragraph (4) and inserting in lieu thereof uie following: "(B) a copy of the application to the Secretary of the department m which the Coast Guard is operating; and '(C) a copy or a summary of the application to the appropriate council, upon its request."; and (4) by striking out "After receipt of an application transmitted under paragraph (4)(B), each appropriate Council shall" in paragraph (5) and inserting in lieu thereof "After receiving a copy or summary of an application under paragraph (4)(C), the Council may".

97-200 O—84—pt. 2

36: QL3

Supplementary observer program.

Post, p. 2490

Effective date. 16 USC 1821 note.

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