Page:United States Statutes at Large Volume 110 Part 5.djvu/500

 110 STAT. 3574 PUBLIC LAW 104-297—OCT. 11, 1996 (2) shall not vote on a Council decision which would have a significant and predictable effect on such finsmcial interest. A Council decision shall be considered to have a significant and predictable effect on a financial interest if there is a close causal link between the Council decision and an expected and substantially disproportionate benefit to the financial interest of the affected individual relative to the financial interests of other participants in the same gear type or sector of the fishery. An affected individual who may not vote may participate in Council deliberations relating to the decision after notifying the Council of the voting recusal and identifying the financial interest that would be affected. "(B) At the request of an affected individual, or upon the initiative of the appropriate designated official, the designated official shall make a determination for the record whether a Council decision would have a significant and predictable effect on a financial interest. "(C) Any Council member may submit a written request to the Secretary to review any determination by the designated official under subparagraph (B) within 10 days of such determination. Such review shall be completed within 30 days of receipt of the request. "(D) Any affected individual who does not vote in a Council decision in accordance with this subsection may state for the record how he or she would have voted on such decision if he or she had voted. "(E) If the Council makes a decision before the Secretary has reviewed a determination under subparagraph (C), the eventual ruling may not be treated as cause for the invalidation or reconsideration by the Secretary of such decision. Regulations. "(F) The Secretary, in consultation with the Councils and by not later than one year from the date of enactment of the Sustainable Fisheries Act, shall promulgate regulations which prohibit an affected individual from voting in accordance with subparagraph (A), and which allow for the making of determinations under subparagraphs (B) and (C)."; and (9) by striking "(1)(B) or (C)" in paragraph (8), as redesignated, and inserting "(l)(A)(ii)". SEC. 108. FISHERY MANAGEMENT PLANS. (a) REQUIRED PROVISIONS.— Section 303(a) (16 U.S.C. 1853(a)) is amended— (1) in paragraph (1)(A) by inserting "and rebuild overfished stocks" after "overfishing"; (2) by inserting "commercial, recreational, and charter fishing in" in paragraph (5) after "with respect to"; (3) by striking paragraph (7) and inserting the following: "(7) describe and identify essential fish habitat for the fishery based on the guidelines established by the Secretary under section 305(b)(1)(A), minimize to the extent practicable adverse effects on such habitat caused by fishing, and identify other actions to encourage the conservation and enhancement of such habitat;"; (4) by striking "and" at the end of paragraph (8); (5) by inserting "and fishing communities" after "fisheries" in paragraph (9)(A);

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