120 STAT. 3584
PUBLIC LAW 109–479—JAN. 12, 2007
SEC. 104. FISHERY MANAGEMENT PLAN REQUIREMENTS.
Regulations.
16 USC 1853 note.
VerDate 14-DEC-2004
12:05 Jul 13, 2007
(a) IN GENERAL.—Section 303(a) (16 U.S.C. 1853(a)) is amended— (1) by striking ‘‘and charter fishing’’ in paragraph (5) and inserting ‘‘charter fishing, and fish processing’’; (2) by inserting ‘‘economic information necessary to meet the requirements of this Act,’’ in paragraph (5) after ‘‘number of hauls,’’; (3) by striking ‘‘and’’ after the semicolon in paragraph (9)(A); (4) by inserting ‘‘and’’ after the semicolon in paragraph (9)(B); (5) by inserting after paragraph (9)(B) the following: ‘‘(C) the safety of human life at sea, including whether and to what extent such measures may affect the safety of participants in the fishery;’’; (6) by striking ‘‘fishery’’ the first place it appears in paragraph (13) and inserting ‘‘fishery, including its economic impact,’’; (7) by striking ‘‘and’’ after the semicolon in paragraph (13); (8) by striking ‘‘allocate’’ in paragraph (14) and inserting ‘‘allocate, taking into consideration the economic impact of the harvest restrictions or recovery benefits on the fishery participants in each sector,’’; (9) by striking ‘‘fishery.’’ in paragraph (14) and inserting ‘‘fishery and;’’; and (10) by adding at the end the following: ‘‘(15) establish a mechanism for specifying annual catch limits in the plan (including a multiyear plan), implementing regulations, or annual specifications, at a level such that overfishing does not occur in the fishery, including measures to ensure accountability.’’. (b) EFFECTIVE DATES; APPLICATION TO CERTAIN SPECIES.—The amendment made by subsection (a)(10)— (1) shall, unless otherwise provided for under an international agreement in which the United States participates, take effect— (A) in fishing year 2010 for fisheries determined by the Secretary to be subject to overfishing; and (B) in fishing year 2011 for all other fisheries; and (2) shall not apply to a fishery for species that have a life cycle of approximately 1 year unless the Secretary has determined the fishery is subject to overfishing of that species; and (3) shall not limit or otherwise affect the requirements of section 301(a)(1) or 304(e) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851(a)(1) or 1854(e), respectively). (c) CLARIFICATION OF REBUILDING PROVISION.—Section 304(e) (16 U.S.C. 1854(e)) is amended— (1) by striking ‘‘one year of’’ in paragraph (3) and inserting ‘‘2 years after’’; (2) by inserting ‘‘and implement’’ after ‘‘prepare’’ in paragraph (3); (3) by inserting ‘‘immediately’’ after ‘‘overfishing’’ in paragraph (3)(A);
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