471 



(C) transponders, or such other appropriate 

 position-fixing and identification equipment as 

 the Secretary of the department in which the 

 Coast Guard is operating determines to be ap- 

 propriate, be installed and maintained in 

 working order on each vessel ; 



(D) duly authorized United States observ- 

 ers be permitted on board any such vessel and 

 that the United States be reimbursed for the 

 cost of such observers ; 



(E) any fees required under section 204(b) 

 (10) be paid in advance; 



(F) agents be appointed and maintained 

 within the United States who are authorized 

 to receive and respond to any legal process 

 issued in the United States with respect to such 

 owner or operator; and 



(G) responsibility be assiomed, in accordance 

 with any requirements prescribed by the Sec- 

 retary, for the reimbursement of United States 

 citizens for any loss of, or damage to, their 

 fishing gear, or catch which is caused by any 

 fishing vessel of that nation : 



and will abide by any other monitoring, compli- 

 ance, or enforcement requirement related to 

 fishery conservation and management which is 

 included in such agreement. 



(3) The foreign nation and the owners or op- 

 erators of all of the fishing vessels of such na- 

 tion shall not, in any year, exceed such nation's 

 allocation of the total allowable level of foreign 

 fishing, as determined imder subsection (e) . 



(4) The foreign nation will — 



(A) apply, pursuant to section 204, for any 

 required permits; 



(B) deliver promptly to the owner or oper- 

 ator of the appropriate fishing vessel any per- 

 mit which is issued under that section for such 

 vessel; and 



(C) abide by, and take appropriate steps un- 

 der its own laws to assure that all such owners 

 and operators comply with, section 204(a) and 

 the applicable conditions and restrictions es- 

 tablished under section 204(b) (7) . 



(d) Total Allowable Level of Foreign Fish- 

 ing. — The total allowable level of foreign fishing, 

 if any, with respect to any fishery subject to the 

 exclusive fishery management authority of the 

 United States, shall be that portion of the optimum 

 yield of such fishery which will not be harvested by 

 vessels of the United States, as determined in ac- 

 cordance with the provisions of this Act. 



(e) Allocation of Allowable Level. — The Sec- 

 retary of State, in cooperation with the Secretary, 

 shall determine the allocation among foreign na- 

 tions of the total allowable level of foreign fishing 

 which is permitted with respect to any fishery sub- 

 ject to the exclusive fishery management author- 

 ity of the United States. In making any such de- 

 termination, the Secretary of State and the Secre- 

 tary shall consider — 



(1) whether, and to what extent, the fishing 

 vessels of such nations have traditionally en- 

 gaged in such fishery; 



(2) whether such nations have cooperated 

 with the United States in, and made substantial 

 contributions to, fishery research and the identi- 

 fication of fishery resources; 



(3) whether such nations have cooperated 

 with the United States in enforcement and with 

 respect to the conservation and management of 

 fishery resources; and 



(4) such other matters as the Secretary of 

 State, in cooperation with the Secretary, deems 

 appropriate. 



(f) Reciprocity. — Foreign fishing shall not be 

 authorized for the fishing vessels of any foreign 

 nation unless such nation satisfies the Secretary 

 and the Secretary of State that such nation ex- 

 tends substantially the same fishing privileges to 

 fishing vessels of the United States, if any, as the 

 United States extends to foreign fishing vessels. 



(g) Preliminary Fishery Management Plans. — 

 The Secretary, when notified by the Secretary of 

 State that any foreign nation has submitted an 

 apphcation under section 204(b), shall prepare a 

 preliminary fishery management plan for any fish- 

 ery covered by such application if the Secretary 

 determines that no fishery management plan for 

 that fishery will be prepared and implemented, 

 pursuant to title- III, before March 1, 1977. To the 

 extent practicable, each such plan — 



(1) shall contain a preliminary description of 

 the fishery and a preliminary determination as 

 to the optimum yield from such fishery and the 

 total allowable level of foreign fishing with re- 

 spect to such fishery; 



(2) shall require each foreign fishing vessel 

 engaged or wishing to engage in such fishery to 

 obtain a permit from the Secretary; 



(3) shall require the submission of pertinent 

 data to the Secretary, with respect to such fish- 

 ery, as described in section 303(a) (5) ; and 



(4) may, to the extent necessary to prevent 

 irreversible effects from overfishing, with respect 

 to such fishery, contain conservation and man- 

 agement measures applicable to foreign fishing 

 which — 



(A) are determined to be necessary and ap- 

 propriate for the conservation and manage- 

 ment of such fishery, 



(B) are consistent with the national stand- 

 ards, the other provisions of this Act, and other 

 applicable law, and 



(C) are described in section 303(b) (2), (3), 

 (4), (5), and (7). 



Each preliminary fishery management plan shall 

 be in effect with respect to foreign fishing for which 

 permits have been issued until a fishery manage- 

 ment plan is prepared and implemented, pursuant 

 to title III, with respect to such fishery. The Secre- 

 tary may, in accordance with section 553 of title 5, 

 United States Code, also prepare and promulgate 

 interim regulations with respect to any such pre- 

 liminary plan. Such regulations shall be in effect 

 until regulations implementing the applicable fish- 

 ery management plan are promulgated pursuant 

 to section 305. 



