Page:United States Statutes at Large Volume 92 Part 1.djvu/575

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PUBLIC LAW 95-000—MMMM. DD, 1978

PUBLIC LAW 95-354—AUG. 28, 1978 "(ii) The amount or tonnage of United States harvested fish which may be received at sea during any year by foreign fishing vessels under permits approved under this paragraph may not exceed that portion of the optimum yield of the fishery concerned which will not be utilized by United States fish processors. "(iii) In deciding whether to approve any application under this subparagraph, the Secretary may take into account, with respect to the foreign nation concerned, such other matters as the Secretary deems appropriate.". (8) Section 204(b)(7) is amended by redesignating subparagraph (D) as subparagraph (F), and inserting immediately after subparagraph (C) the following new subparagraphs: "(D) If the permit is issued other than pursuant to an application approved under paragraph (6)(B), the restriction that the foreign fishing vessel may not receive at sea United States harvested fish from vessels of the United States. " (E) If the permit is issued pursuant to an application approved under paragraph (6)(B), the maximum amount or tonnage of United States harvested fish which may be received at sea from vessels of the United States.". SEC. 5. Title III of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1851-1861) is amended as follows: (1) Section 302(h)(5) is amended by inserting "the capacity and extent to which United States fish processors will process United States harvested fish from," immediately after "from,". (2) Section 303(a)(4) is amended— (A) by striking out "and" at the end of subparagraph (A); (B) by striking out "; and" at the end of subparagraph (B) and inserting in lieu thereof ", and" and (C) by adding at the end thereof the following new subparagraph: "(C) the capacity and extent to which United States fish processors, on an annual basis, will process that portion of such optimum yield that will be harvested by fishing vessels of the United States; and". (3) Section 303(a)(5) is amended by striking out "and number of hauls." and inserting in lieu thereof "number of hauls, and the estimated processing capacity of, and the actual processing capacity utilized by. United States fish processors.". (4) Section 307 is amended— (A) by striking out "and" at the end of paragraph (1)(H); (B) by striking out the period at the end of paragraph (2) and inserting in lieu thereof "; and"; and (C) by adding at the end thereof the following new paragraph: "(3) for any vessel of the United States, and for the owner or operator of any vessel of the United States, to transfer directly

92 STAT. 521

16 USC 1824.

16 USC 1852. 16 USC 1853.

16 USC 1857.