Page:United States Statutes at Large Volume 120.djvu/3609

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[120 STAT. 3578]
[120 STAT. 3578]
PUBLIC LAW 109-000—MMMM. DD, 2006

120 STAT. 3578

PUBLIC LAW 109–479—JAN. 12, 2007

‘‘(27A) The term ‘observer information’ means any information collected, observed, retrieved, or created by an observer or electronic monitoring system pursuant to authorization by the Secretary, or collected as part of a cooperative research initiative, including fish harvest or processing observations, fish sampling or weighing data, vessel logbook data, vessel or processor-specific information (including any safety, location, or operating condition observations), and video, audio, photographic, or written documents.’’. (c) REDESIGNATION.—Paragraphs (1) through (45) of section 3 (16 U.S.C. 1802), as amended by subsection (a), are redesignated as paragraphs (1) thorough (50), respectively. (d) CONFORMING AMENDMENTS.— (1) The following provisions of the Act are amended by striking ‘‘an individual fishing quota’’ and inserting ‘‘a limited access privilege’’: (A) Section 402(b)(1)(D) (16 U.S.C. 1881a(b)(1)(D)). (B) Section 407(a)(1)(D) and (c)(1) (16 U.S.C. 1883(a)(1)(D) and (c)(1)). (2) The following provisions of the Act are amended by striking ‘‘individual fishing quota’’ and inserting ‘‘limited access privilege’’: (A) Section 304(c)(3) (16 U.S.C. 1854(c)(3)). (B) Section 304(d)(2)(A)(i) (16 U.S.C. 1854(d)(2)(A)(i)). (3) Section 305(h)(1) (16 U.S.C. 1855(h)(1)) is amended by striking ‘‘individual fishing quotas,’’ and inserting ‘‘limited access privileges,’’. SEC. 4. HIGHLY MIGRATORY SPECIES.

Section 102 (16 U.S.C. 1812) is amended— (1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘The’’; and (2) by adding at the end the following: ‘‘(b) TRADITIONAL PARTICIPATION.—In managing any fisheries under an international fisheries agreement to which the United States is a party, the appropriate Council or Secretary shall take into account the traditional participation in the fishery, relative to other nations, by fishermen of the United States on fishing vessels of the United States. ‘‘(c) PROMOTION OF STOCK MANAGEMENT.—If a relevant international fisheries organization does not have a process for developing a formal plan to rebuild a depleted stock, an overfished stock, or a stock that is approaching a condition of being overfished, the provisions of this Act in this regard shall be communicated to and promoted by the United States in the international or regional fisheries organization.’’. SEC. 5. TOTAL ALLOWABLE LEVEL OF FOREIGN FISHING.

Section 201(d) (16 U.S.C. 1821(d)) is amended— (1) by striking ‘‘shall be’’ and inserting ‘‘is’’; (2) by striking ‘‘will not’’ and inserting ‘‘cannot, or will not,’’; and (3) by inserting after ‘‘Act.’’ the following: ‘‘Allocations of the total allowable level of foreign fishing are discretionary, except that the total allowable level shall be zero for fisheries determined by the Secretary to have adequate or excess domestic harvest capacity.’’.

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