Page:United States Statutes at Large Volume 110 Part 5.djvu/502

 110 STAT. 3576 PUBLIC LAW 104-297—OCT. 11, 1996 (3) by striking "fishery" in subparagraph (E) of paragraph (6) and inserting "fishery and any affected fishing communities"; (4) by inserting "one or more" in paragraph (8) after "require that"; (5) by striking "and" at the end of paragraph (9); (6) by redesignating paragraph (10) as paragraph (12); and (7) by inserting after paragraph (9) the following: "(10) include, consistent with the other provisions of this Act, conservation and management measures that provide harvest incentives for participants within each gear group to employ fishing practices that result in lower levels of bycatch or in lower levels of the mortality of bycatch; "(11) reserve a portion of the allowable biological catch of the fishery for use in scientific research; and". (d) REGULATIONS.— Section 303 (16 U.S.C. 1853) is amended by striking subsection (c) and inserting the following: ^ "(c) PROPOSED REGULATIONS.— Proposed regulations which the Council deems necessary or appropriate for the purposes of— "(1) implementing a fishery management plan or plan amendment shall be submitted to the Secretary simultaneously with the plan or amendment under section 304; and "(2) making modifications to regulations implementing a fishery management plan or plan amendment may be submitted to the Secretary at any time after the plan or amendment is approved under section 304.". (e) INDIVIDUAL FISHING QUOTAS.— Subsection 303 (16 U.S.C. 1853) is amended further by striking subsections (d), (e), and (f), and inserting the following: "(d) INDIVIDUAL FISHING QUOTAS.— "(1)(A) A Council may not submit and the Secretary may not approve or implement before October 1, 2000, any fishery management plan, plein amendment, or regulation under this Act which creates a new individual fishing quota program. "(B) Any fishery management plan, plan amendment, or regulation approved by the Secretary on or after January 4, 1995, which creates any new individual fishing quota program shall be repealed and immediately returned by the Secretary to the appropriate Council and shall not be resubmitted, reapproved, or implemented during the moratorium set forth in subparagraph (A). "(2)(A) No provision of law shall be construed to limit the authority of a Council to submit and the Secretary to approve the termination or limitation, without compensation to holders of any limited access system permits, of a fishery management plan, plan amendment, or regulation that provides for a limited access system, including an individual fishing quota program. "(B) This subsection shall not be construed to prohibit a Council from submitting, or the Secretary from approving and implementing, amendments to the North Pacific halibut and sablefish, South Atlantic wreckfish, or Mid-Atlantic surf clam and ocean (including mahogany) quahog individual fishing quota programs. "(3) An individual fishing quota or other Hmited access system authorization—

�