Page:United States Statutes at Large Volume 110 Part 5.djvu/511

 PUBLIC LAW 104-297—OCT. 11, 1996 110 STAT. 3585 "(A) specify a time period for ending overfishing and rebuilding the fishery that shall— "(i) be as short as possible, taking into account the status and biology of any overfished stocks of fish, the needs of fishing communities, recommendations by international orgsinizations in which the United States participates, and the interaction of the overfished stock offish within the marine ecosystem; and "(ii) not exceed 10 years, except in cases where the biology of the stock of fish, other environmental conditions, or management measures under an international agreement in which the United States participates dictate otherwise; "(B) allocate both overfishing restrictions and recovery benefits fairly and equitably among sectors of the fishery; and "(C) for fisheries managed under an international agreement, reflect traditional participation in the fishery, relative to other nations, by fishermen of the United States. "(5) If, within the one-year period beginning on the date of identification or notification that a fishery is overfished, the Council does not submit to the Secretary a fishery management plan, plan amendment, or proposed regulations required by paragraph (3)(A), the Secretary shall prepare a fishery management plan or plan amendment and any accompanying regulations to stop overfishing and rebuild affected stocks of fish within 9 months under subsection (c). "(6) During the development of a fishery management plan, a plan amendment, or proposed regulations required by this subsection, the Council may request the Secretary to implement interim measures to reduce overfishing under section 305(c) until such measures can be replaced by such plan, amendment, or regulations. Such measures, if otherwise in compliance with the provisions of this Act, may be implemented even though they are not sufficient by themselves to stop overfishing of a fishery. "(7) The Secretary shall review any fishery management plan, plan amendment, or regulations required by this subsection at routine intervals that may not exceed two years. If the Secretary finds as a result of the review that such plan, amendment, or regulations have not resulted in adequate progress toward ending overfishing and rebuilding affected fish stocks, the Secretary shall— "(A) in the case of a fishery to which section 302(a)(3) applies, immediately make revisions necessary to achieve adequate progress; or "(B) for all other fisheries, immediately notify the Notification, appropriate Council. Such notification shall recommend further conservation and management measures which the Council should consider under paragraph (3) to achieve adequate progress.". (f) FISHERIES UNDER AUTHORITY OF MORE THAN ONE COUN- CIL. — iSection 304(f) is amended by striking paragraph (3). (g) ATLANTIC HIGHLY MIGRATORY SPECIES. —Section 304 (16 U.S.C. 1854) is amended further by striking subsection (g) and inserting the following:

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