Page:United States Statutes at Large Volume 110 Part 5.djvu/510

 110 STAT. 3584 PUBLIC LAW 104-297—OCT. 11, 1996 16 USC 1854 note. Reports. Notification. Federal Register, publication. deposited in the Limited Access System Administration Fund established under section 305(h)(5)(B), except that the portion of any such fees reserved under section 303(d)(4)(A) shall be deposited in the Treasury and available, subject to annual appropriations, to cover the costs of new direct loan obligations and new loan guarantee commitments as required by section 504(b)(1) of the Federal Credit Reform Act (2 U.S.C. 661c(b)(l)). "(ii) Upon application by a State, the Secretary shall transfer to such State up to 33 percent of any fee collected pursuant to subparagraph (A) under a community development quota program and deposited in the Limited Access System Administration Fund in order to reimburse such State for actual costs directly incurred in the management and enforcement of such program.". (d) DELAY OF FEES.— Notwithstanding any other provision of law, the Secretary shall not begin the collection of fees under section 304(d)(2) of the Magnuson Fishery Conservation and Management Act, as amended by this Act, in the surf clam and ocean (including mahogany) quahog fishery or in the wreckfish fishery until after January 1, 200. (e) OVERFISHING.— Section 304(e) (16 U.S.C. 1854(e)) is amended to read as follows: "(e) REBUILDING OVERFISHED FISHERIES.— "(1) The Secretary shall report annually to the Congress and the Councils on the status of fisheries within each Council's geographical area of authority and identify those fisheries that are overfished or are approaching a condition of being overfished. For those fisheries managed under a fishery management plan or international agreement, the status sheill be determined using the criteria for overfishing specified in such plan or agreement. A fishery shall be classified as approaching a condition of being overfished if, based on trends in fishing effort, fishery resource size, and other appropriate factors, the Secretary estimates that the fishery will become overfished within two years. "(2) If the Secretary determines at any time that a fishery is overfished, the Secretary shall immediately notify the appropriate Council and request that action be taken to end overfishing in the fishery and to implement conservation and management measures to rebuild affected stocks of fish. The Secretary shall publish each notice under this paragraph in the Federal Register. "(3) Within one year of an identification under paragraph (1) or notification under paragraphs (2) or (7), the appropriate Council (or the Secretary, for fisneries under section 302(a)(3)) shall prepare a fishery management plan, plan amendment, or proposed regulations for the fishery to which the identification or notice applies— "(A) to end overfishing in the fishery and to rebuild affected stocks offish; or "(B) to prevent overfishing from occurring in the fishery whenever such fishery is identified as approaching an overfished condition. "(4) For a fishery that is overfished, any fishery management plan, amendment, or proposed regulations prepared, pursuant to paragraph (3) or paragraph (5) for such fishery shall—

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