Page:United States Statutes at Large Volume 104 Part 6.djvu/49

 PUBLIC LAW 101-627—NOV. 28, 1990 104 STAT. 4439 AUTHORITY WITH RESPECT TO HIGHLY MIGRATORY SPECIES SEC. 103. (a) GENERAL.— Section 102 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1812) is amended to read as follows: "SEC. 102. HIGHLY MIGRATORY SPECIES. "The United States shall cooperate directly or through appropriate international organizations with those nations involved in fisheries for highly migratory species with a view to ensuring conservation and promoting the objective of optimum utilization of such species throughout their range, both within and beyond the exclusive economic zone.". 0?) CONFORMING AMENDMENT. —The entry for section 102 in the table of contents in the first section of the Magnuson Fishery Conservation and Management Act is amended to read as follows: "Sec. 102. Highly migratory species.". (c) EFFECTIVE DATE. —The amendments made by this section shall 16 USC 1812 take effect on January 1, 1992. "ote. FOREIGN FISHING SEC. 104. Subsection (d) of section 201 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1821) is amended to read as follows: "(d) TOTAL ALLOWABLE LEVEL OF FOREIGN FISHING.— The total allowable level of foreign fishing, if any, with respect to any fishery subject to the exclusive fishery management authority of the United States, shall be that portion of the optimum yield of such fishery which will not be harvested by vessels of the United States, as determined in accordance with this Act.". INTERNATIONAL FISHERY AGREEMENTS SEC. 105. (a) HIGHLY MIGRATORY SPECIES AGREEMENTS.— Section 202 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1822) is amended by redesignating subsection (e) as subsection (f) and by inserting immediately after subsection (d) the following new subsection: " (e) HIGHLY MIGRATORY SPECIES AGREEMENTS. — "(1) EVALUATION.—The Secretary of State, in cooperation with the Secretary, shall evaluate the effectiveness of each existing international fishery agreement which pertains to fishing for highly migratory species. Such evaluation shall consider whether the agreement provides for— "(A) the collection and analysis of necessary information for effectively managing the fishery, including but not limited to information about the number of vessels involved, the type and quantity of fishing gear used, the species of fish involved and their location, the catch and bycatch levels in the fishery, and the present and probable future condition of any stock of fish involved; "(B) the establishment of measures applicable to the fishery which are necessary and appropriate for the conservation and management of the fishery resource involved; "(C) equitable arrangements which provide fishing vessels of the United States with (i) access to the highly

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