Page:United States Statutes at Large Volume 90 Part 1.djvu/389

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PUBLIC LAW 94-000—MMMM. DD, 1976

PUBLIC LAW 94-265—APR. 13, 1976

90 STAT. 339

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) 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 Post, p. 346. plan— (1) shall contain a preliminary description of the fishery and a preliminary determination as to the optimum j^ield from such fishery and 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

(T)-. 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 accord- Regulations. ance 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. SEC. 202. INTERNATIONAL FISHERY AGREEMENTS. (a) NEGOTIATIONS.—The Secretary of State— 16 USC 1822. (1) shall renegotiate treaties as provided for in subsection (b); (2) shall negotiate governing international fishery agreements described in section 201(c); (3) may negotiate boundary agreements as provided for in subsection (d); (4) shall, upon the request of and in cooperation with the Secretary, initiate and conduct negotiations for the purpose of entering into international fishery agreements— (A) which allow fishing vessels of the United States equitable access to fish over which foreign nations assert exclusive fishery management authority, and (B) which provide for the conservation and management of anadromous species and highly migratory species; and