Page:United States Statutes at Large Volume 110 Part 5.djvu/501

 PUBLIC LAW 104-297—OCT. 11, 1996 110 STAT. 3575 (6) by striking the period at the end of paragraph (9) and inserting a semicolon; and (7) by adding at the end the following: "(10) specify objective and measurable criteria for identify- ing when the fishery to which the plan applies is overfished (with an analysis of how the criteria were determined and the relationship of the criteria to the reproductive potential of stocks of fish in that fishery) and, in the case of a fishery which the Council or the Secretary has determined is approaching an overfished condition or is overfished, contain conservation and management measures to prevent overfishing or end overfishing and rebuild the fishery; "(11) establish a standardized reporting methodology to assess the amount and type of bycatch occurring in the fishery, and include conservation and management measures that, to the extent practicable and in the following priority— "(A) minimize bycatch; and "(B) minimize the mortality of bycatch which cannot be avoided; "(12) assess the type and amount of fish caught and released alive during recreational fishing under catch and release fishery management programs and the mortality of such fish, and include conservation and management measures that, to the extent practicable, minimize mortality and ensure the extended survival of such fish; "(13) include a description of the commercial, recreational, and charter fishing sectors which participate in the fishery and, to the extent practicable, quantify trends in landings of the meinaged fishery resource by the commercial, recreational, and charter fishing sectors; and "(14) to the extent that rebuilding plans or other conservation and management measures which reduce the overall harvest in a fishery are necessary, allocate any harvest restrictions or recovery benefits fairly and equitably among the commercial, recreational, and charter fishing sectors in the fishery.". (b) IMPLEMENTATION.—Not later than 24 months after the date 16 USC 1853 of enactment of this Act, each Regional Fishery Management Coun- note. cil shall submit to the Secretary of Commerce amendments to each fishery management plan under its authority to comply with the amendments made in subsection (a) of this section. (c) DISCRETIONARY PROVISIONS. — Section 303(b) (16 U.S.C. 1853(b)) is amended— (1) by striking paragraph (3) and inserting the following: "(3) establish specified limitations which are necessary and appropriate for the conservation and management of the fishery on the— "(A) catch of fish (based on area, species, size, number, weight, sex, bycatch, total biomass, or other factors); "(B) sale of fish caught during commercial, recreational, or charter fishing, consistent with any applicable Federal and State safety and quality requirements; and "(C) transshipment or transportation of fish or fish products under permits issued pursuant to section 204;"; (2) by striking "system for limiting access to" in paragraph (6) and inserting "limited access system for";

�