110 STAT. 3562 PUBLIC LAW 104-297—OCT. 11, 1996 tors, and crew and United States fish processors that are based in such community."; (5) by redesignating paragraphs (21) through (38) (as redesignated) as paragraphs (22) through (39), respectively, and inserting after paragraph (20) (as redesignated) the following: "(21) The term 'individual fishing quota' means a Federal permit under a limited access system to harvest a quantity of fish, expressed by a unit or units representing a percentage of the total allowable catch of a fishery that may be received or held for exclusive use by a person. Such term does not include community development quotas as described in section 305(i)."; (6) by striking "of one and one-half miles" in paragraph (23) (as redesignated) and inserting "of two and one-half kilometers"; (7) by striking paragraph (28) (as redesignated), and inserting the following: "(28) The term 'optimum', with respect to the yield from a fishery, means the amount offish which— "(A) will provide the greatest overall benefit to the Nation, particularly with respect to food production and recreational opportunities, and taking into account the protection of marine ecosystems; "(B) is prescribed on the basis of the maximum sustainable 3rield from the fishery, as reduced by any relevant social, economic, or ecological factor; and "(C) in the case of an overfished fishery, provides for rebuilding to a level consistent with producing the maximum sustainable yield in such fishery."; (8) by redesignating paragraphs (29) through (39) (as redesignated) as paragraphs (31) through (41), respectively, and inserting after paragraph (28) (as redesignated) the following: "(29) The terms 'overfishing* and 'overfished' mean a rate or level of fishing mortality that jeopardizes the capacity of a fishery to produce the maximum sustainable yield on a continuing basis. "(30) The term 'Pacific Insular Area' means American Samoa, Guam, the Northern Mariana Islands, Baker Island, Rowland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Island, Wake Island, or Palmyra Atoll, as applicable, and includes all islands and reefs appurtenant to such island, reef, or atoll."; (9) by redesignating paragraphs (32) through (41) (as redesignated) as paragraphs (34) through (43), respectively, and inserting after paragraph (31) (as redesignated) the following: "(32) The term 'recreational fishing* means fishing for sport or pleasure. "(33) The term 'regulatory discards' means fish harvested in a fishery which fishermen are required by regulation to discard whenever caught, or are required by regulation to retain but not sell."; (10) by redesignating paragraphs (36) through (43) (as redesignated) as paragraphs (37) through (44), respectively.
�
