for the purposes of section 8(a) of the Fisherman's Protective Act of 1967 (22 U.S.C. 1978(a)).

(ii) The term "remedial period" means the 365-day period beginning on the date on which a certification is issued with respect to a foreign country.

(B) If the Secretary issues a certification with respect to any foreign country, then each allocation under paragraph (1) that—

(i) is in effect for that foreign country on the date of issuance; or

(ii) is not in effect on such date but would, without regard to this paragraph, be made to the foreign country within the remedial period;

shall be reduced by the Secretary of State, in consultation with the Secretary, by not less than 50 percent.

(C) The following apply for purposes of administering subparagraph (B) with respect to any foreign country:

(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 a 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 unharvested portion of such allocation; and

(ii) may not thereafter make any allocation to that country under paragraph (1) until the certification is terminated. (f) 74 RECIPROCITY.-Foreign fishing shall not be authorized for the fishing vessels of any foreign nation unless such nation satis

74 Sec. 4(3) of Public Law 95–354 (Stat. 519) redesignated subsecs. (f) and (g) as (g) and (h), respectively, and added a new subsec. (f), requiring an annual report from the Secretary of the Treasury on allocations made to foreign nations. Subsec. (f) was subsequently repealed by sec.

fies the Secretary and the Secretary of State that such nation extends substantially the same fishing privileges to fishing vessels of the United States, if any, as the United States extends to foreign fishing vessels.

(g) 74 PRELIMINARY FISHERY MANAGEMENT PLANS.-The Secretary, when notified by the Secretary of State that any foreign nation has submitted an application under section 204(b), shall prepare a preliminary fishery management plan for any fishery 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)75 shall contain a preliminary description of the fishery and a preliminary determination as to

(A) the optimum yield from such fishery;

(B) when appropriate, the capacity and extent to which United States fish processors will process that portion of such optimum yield that will be harvested by vessels of the United States; and

(C) the total allowable level of foreign fishing with respect 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 fishery, 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 management measures applicable to foreign fishing which

(A) are determined to be necessary and appropriate for the conservation and management of such fishery,

(B) are consistent with the national standards, 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 management plan is prepared and implemented, pursuant to title III, with respect to such fishery. The Secretary may in accordance with section 553 of title 5, United States Code, also prepare and promulgate interim regulations with respect to any such preliminary plan. Such regulations shall be in effect until regulations implementing the applicable fishery management plan are promulgated pursuant to section 305.

139(24) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 399). Sec. 105(a)(3) of the Sustainable Fisheries Act (Public Law 104-297; 110 Stat. 3563) repealed subsec. (f) again, and sec. 105(a)(4) of that Act redesignated subsecs. (g) through (j) as subsecs. (f) through (i).

(h) 74, 76 FULL OBSERVER COVERAGE PROGRAM-1A) Except as provided in paragraph (2), the Secretary shall establish a program under which a United States observer will be stationed aboard each foreign fishing vessel while that vessel is engaged in fishing within the exclusive economic zone 59 or special areas.77

(B) 78 The Secretary shall by regulation prescribe minimum health and safety standards that shall be maintained aboard each foreign fishing vessel with regard to the facilities provided for the quartering of, and the carrying out of observer functions by, United States observers.

(2) The requirement in paragraph (1) that a United States observer be placed aboard each foreign fishing vessel may be waived by the Secretary if he finds that—

(A) in a situation where a fleet of harvesting vessels transfers its catch taken within the exclusive economic zone 79 or special areas 77 to another vessel, aboard which is a United States observer, the stationing of United States observers on only a portion of the harvesting vessel fleet will provide a representative sampling of the by-catch of the fleet that is sufficient for purposes of determining whether the requirements of the applicable management plans for the by-catch species are being complied with;

(B) 80 in a situation where the foreign fishing vessel is operating under a Pacific Insular Area fishing agreement, the Governor of the applicable Pacific Insular Area, in consultation with the Western Pacific Council, has established an observer coverage program that is at least equal in effectiveness to the program established by the Secretary;

(Č) 81 the time during which a foreign fishing vessel will engage in fishing within the exclusive economic zone or special areas 77 will be of such short duration that the placing of a United States observer aboard the vessel would be impractical;

or

(D) 80 for reasons beyond the control of the Secretary, an observer is not available.

(3) 82 Observers, while stationed aboard foreign 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 such other scientific programs relating to the conservation and

76 Sec. 236 of Public Law 96-561 (94 Stat. 3299) added subsec. (i). Sec. 237 of the same Act stated that subsec. (i) shall take effect on Oct. 1, 1981, and shall apply to permits issued under sec. 204 of this Act after Dec. 31, 1981.

77 Sec. 301(d)3) of Public Law 102-251 (106 Stat. 63) inserted "or special areas".

78 Subpar. (B) was added by sec. 103(a)(2) of Public Law 99-659 (100 Stat. 3708).

79 Sec. 101(c)2) of Public Law 99-659 replaced the term "fishery conservation zone" with the term "exclusive economic zone" throughout this Act.

80 Sec. 105(a)(5) of the Sustainable Fisheries Act (Public Law 104-297; 110 Stat. 3564) redesignated subparas. (B) and (C) as subparas. (C) and (D), and added a new subpara. (B).

81 Subpar. (C) was added as subpara. (B) by sec. 103(a)(2) of Public Law 99-659 (100 Stat. 3708). Sec. 105(a)5) of the Sustainable Fisheries Act (Public Law 104-297; 110 Stat. 3564) redesignated as subpara. (C).

82 Sec. 2(ax5XAXi) of Public Law 97-453 (96 Stat. 2482) amended and restated par. (3). It formally read as follows:

"(3) United States observers, while aboard foreign fishing vessels, shall carry out such scientific and other functions as the Secretary deems necessary or appropriate to carry out the purposes of this Act.".

management of living resources as the Secretary deems appropriate.

(4) In addition to any fee imposed under section 204(b)(10) of this Act and section 10(e) of the Fishermen's Protective Act of 1967 (22 U.S.C. 1980(e)) with respect to foreign fishing for any year after 1980, the Secretary shall impose, with respect to each foreign fishing vessel for which a permit is issued under such section 204, a surcharge in an amount sufficient to cover all the costs of providing a United States observer aboard that vessel. The failure to pay any surcharge imposed under this paragraph shall be treated by the Secretary as a failure to pay the permit fee for such vessel under section 204(b)(10). All surcharges collected by the Secretary under this paragraph shall be deposited in the Foreign Fishing Observer Fund established by paragraph (5),83

(5) There is established in the Treasury of the United States the Foreign Fishing Observer Fund. The Fund shall be available to the Secretary as a revolving fund for the purpose of carrying out this subsection. The Fund shall consist of the surcharges deposited into it as required under paragraph (4). All payments made by the Secretary to carry out this subsection shall be paid from the Fund, only to the extent and in the amounts provided for in advance in appropriation Acts. Sums in the Fund which are not currently needed for the purposes of this subsection shall be kept on deposit or invested in obligations of, or guaranteed by, the United States. (6)84 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.

(i) 74, 85 RECREATIONAL FISHING.-Notwithstanding any other provision of this title, foreign fishing vessels which are not operated for profit may engage in recreational fishing within the exclusive

83 The Department of Commerce Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public Law 104-208; 110 Stat. 3009), provided:

"FOREIGN FISHING OBSERVER FUND

"For expenses necessary to carry out the provisions of the Atlantic Tunas Convention Act of 1975, as amended (Public Law 96-339), the Magnuson Fishery Conservation and Management Act of 1976, as amended (Public Law 100-627) and the American Fisheries Promotion Act (Public Law 96-561), to be derived from the fees imposed under the foreign fishery observer program authorized by these Acts, not to exceed $196,000, to remain available until expended.".

84 Sec. 2(a)(5XA)(ii) of Public Law 97-453 (96 Stat. 2482) added a new par. (6) to subsec. (i), effective Jan. 1, 1984.

85 Sec. 2(aX6) of Public Law 97-453 (96 Stat. 2483) added subsec. (j), since redesignated as

36-065 98-2

(h) 74, 76 FULL OBSERVER COVERAGE PROGRAM.-(1)(A) Except as provided in paragraph (2), the Secretary shall establish a program under which a United States observer will be stationed aboard each foreign fishing vessel while that vessel is engaged in fishing within the exclusive economic zone 59 or special areas." 77

(B) 78 The Secretary shall by regulation prescribe minimum health and safety standards that shall be maintained aboard each foreign fishing vessel with regard to the facilities provided for the quartering of, and the carrying out of observer functions by, United States observers.

(2) The requirement in paragraph (1) that a United States observer be placed aboard each foreign fishing vessel may be waived by the Secretary if he finds that

(A) in a situation where a fleet of harvesting vessels transfers its catch taken within the exclusive economic zone 79 or special areas 77 to another vessel, aboard which is a United States observer, the stationing of United States observers on only a portion of the harvesting vessel fleet will provide a representative sampling of the by-catch of the fleet that is sufficient for purposes of determining whether the requirements of the applicable management plans for the by-catch species are being complied with;

(B) 80 in a situation where the foreign fishing vessel is operating under a Pacific Insular Area fishing agreement, the Governor of the applicable Pacific Insular Area, in consultation with the Western Pacific Council, has established an observer coverage program that is at least equal in effectiveness to the program established by the Secretary;

(C) 81 the time during which a foreign fishing vessel will engage in fishing within the exclusive economic zone or special areas 77 will be of such short duration that the placing of a United States observer aboard the vessel would be impractical;

or

(D) 80 for reasons beyond the control of the Secretary, an observer is not available.

(3) 82 Observers, while stationed aboard foreign 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 such other scientific programs relating to the conservation and

76 Sec. 236 of Public Law 96-561 (94 Stat. 3299) added subsec. (i). Sec. 237 of the same Act stated that subsec. (i) shall take effect on Oct. 1, 1981, and shall apply to permits issued under sec. 204 of this Act after Dec. 31, 1981.

77 Sec. 301(d)(3) of Public Law 102-251 (106 Stat. 63) inserted "or special areas".

78 Subpar. (B) was added by sec. 103(a)(2) of Public Law 99-659 (100 Stat. 3708).

79 Sec. 101(c)(2) of Public Law 99-659 replaced the term "fishery conservation zone" with the term "exclusive economic zone" throughout this Act.

80 Sec. 105(a)(5) of the Sustainable Fisheries Act (Public Law 104-297; 110 Stat. 3564) redesignated subparas. (B) and (C) as subparas. (C) and (D), and added a new subpara. (B).

81 Subpar. (C) was added as subpara. (B) by sec. 103(a)(2) of Public Law 99-659 (100 Stat. 3708). Sec. 105(a)(5) of the Sustainable Fisheries Act (Public Law 104-297; 110 Stat. 3564) redesignated as subpara. (C).

82 Sec. 2(a)(5)(A)(i) of Public Law 97-453 (96 Stat. 2482) amended and restated par. (3). It formally read as follows:

"(3) United States observers, while aboard foreign fishing vessels, shall carry out such scientific and other functions as the Secretary deems necessary or appropriate to carry out the purposes of this Act.".