Page:United States Statutes at Large Volume 90 Part 1.djvu/393

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PUBLIC LAW 94-000—MMMM. DD, 1976

PUBLIC LAW 94-265—APR. 13, 1976

90 STAT. 343

(3) CONTENTS.—Any application made under this subsection shall specify— (A) the name and official number or other identification of each fishing vessel for which a permit is sought, together with the name and address of the owner thereof; (B) the tonnage, capacity, speed, processing equipment^ type and quantity of fishing gear, and such other pertinent information with respect to characteristics of each such vessel as the Secretary may require; (C) each fishery in which each such vessel wishes to fish: (D) the amount of fish or tonnage of catch contemplated for each such vessel during the time such permit is in force; and (E) the ocean area in which, and the season or period during which, such fishing will be conducted; and shall include any other pertinent information and material which the Secretary may require. (4) TRANSMITTAL FOR ACTION.—Upon receipt of any applica- Publication in tion which complies with the requirements of paragraph (3), the Federal Register.

Secretary of State shall publish such application in the Federal Register and shall promptly transmit— (A) such application, together with his comments and recommendations thereon, to the Secretary; (B) a copy of the application to each appropriate Council and to the Secretary of the department in which the Coast Guard is operating; and (C) a copy of such material to the Committee on Merchant Marine and Fisheries of the House of Representatives and to the Committees on Commerce and Foreign Relations of the Senate. (5) ACTION BY COUNCIL.—After receipt of an application transmitted under paragraph (4)(B), each appropriate Council shall prepare and submit to the Secretary such written comments on the application as it deems appropriate. Such comments shall be submitted within 45 days after the date on which the application is received by the Council and may include recommendations with respect to approval of the application and, if approval is recommended, with respect to appropriate conditions and restrictions thereon. Any interested person may submit comments to such Council with respect to any such application. The Council shall consider any such comments in formulating its submission to the Secretary. (6) APPROVAL.—After receipt of any application transmitted under paragraph (4)(A), the Secretary shall consult with the Secretary of State and, with respect to enforcement, with the Secretary of the department in which the Coast Guard is operating. The Secretary, after taking into consideration the views and recommendations of such Secretaries, and any comments submitted by any Council under paragraph (6), may approve the application, if he determines that the fishing described in the application will meet the requirements of this Act. (7) ESTABLISHMENT OF CONDITIONS AND RESTRICTIONS.—The

Secretary shall establish conditions and restrictions which shall be included in each permit issued pursuant to any application approved under paragraph (6) and which must be complied with by the owner or operator of the fishing vessel for which the permit is issued. Such conditions and restrictions shall include the following:

Transmittal to congressional committees. Written comments.