Page:United States Statutes at Large Volume 110 Part 5.djvu/512

 110 STAT. 3586 PUBLIC LAW 104-297—OCT. 11, 1996 "(g) ATLANTIC HIGHLY MIGRATORY SPECIES. — (1) PREPARATION AND IMPLEMENTATION OF PLAN OR PLAN AMENDMENT. —The Secretary shall prepare a fishery management plan or plan amendment under subsection (c) with respect to any highly migratory species fishery to which section 302(a)(3) applies. In preparing and implementing any such plan or amendment, the Secretary shall— "(A) consult with and consider the comments and views of affected Councils, commissioners and advisory groups appointed under Acts implementing relevant international fisnery agreements pertaining to highly migratory species, and the advisory panel estabhshed under section 302(g); "(B) establish an advisory panel xmder section 302(g) for each fishery management plan to be prepared under this paragraph; "(C) evaluate the likely effects, if any, of conservation and management measures on participants in the affected fisheries and minimize, to the extent practicable, any disadvantage to United States fishermen in relation to foreign competitors; "(D) with respect to a highly migratory species for which the United States is authorized to harvest an allocation, quote, or at a fishing mortality level under a relevant international fishery agreement, provide fishing vessels of the United States with a reasonable opportunity to harvest such allocation, quota, or at such fishing mortaUty level; "(E) review, on a continuing basis (and promptly whenever a recommendation pertaining to fishing for highly migratory species has been made under a relevant international fishery agreement), and revise as appropriate, the conservation and management measures included in the plan; "(F) diligently pursue, through international entitiies (such as the International Commission for the Conservation of Atlantic Tunas), comparable international fishery management measures with respect to fishing for highly migratory species; and "(G) ensure that conservation and management measures under this subsection— "(i) promote international conservation of the affected fishery; "(ii) take into consideration traditional fishing patterns of fishing vessels of the United States and the operating requiremente of the fisheries; " (iii) are fair and equitable in allocating fishing privileges among United States fishermen and do not have economic allocation as the sole purpose; and "(iv) promote, to the extent practicable, implementation of scientific research programs that include the togging and release of Atlantic highly migratory species. "(2) CERTAIN FISH EXCLUDED FROM'BYCATCH'DEFINITION. —Notwithstanding section 3(2), fish harvested in a commercial fishery managed by the Secretary under this subsection or the Atlantic Timas Convention Act of 1975 (16 U.S.C. 971d) that are not regulatory discards and that are tagged and released alive under a scientific togging and release program established by the Secretary shall not be considered bycatch for purposes of this Act.". 16 USC 1854 (h) COMPREHENSIVE MANAGEMENT SYSTEM FOR ATLANTIC note. PELAGIC LONGLINE FISHERY.— (1) The Secretary of Commerce shall—

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