Page:United States Statutes at Large Volume 110 Part 5.djvu/522

 110 STAT. 3596 PUBLIC LAW 104-297—OCT. 11, 1996 apply until the Secretary and the appropriate Council find that the State has corrected the inconsistencies. For a fishery for which there was a fishery management plan in place on August 1, 1996 that did not delegate management of the fishery to a State as of that date, the authority provided by this subparagraph applies only if the Council approves the delegation of management of the fishery to the State by a three-quarters majority vote of the voting members of the Council. "(C) The fishing vessel is not registered under the law of the State of Alaska and is operating in a fishery in the exclusive economic zone off Alaska for which there was no fishery management plan in place on August 1, 1996, and the Secretary and the North Pacific Council find that there is a legitimate interest of the State of Alaska in the conservation and management of such fish- Termination ery. The authority provided under this subparagraph shall dateterminate when a fishery management plan under this Act is approved and implemented for such fishery.". (b) Section 306(b) (16 U.S.C. 1856(b)) is amended by adding at the end the following: "(3) If the State involved requests that a hearing be held pursuant to paragraph (1), the Secretary shall conduct such hearing prior to talking any action under paragraph (1).". (c) Section 306(c)(1) (16 U.S.C. 1856(c)(1)) is amended— (1) by striking "(4)(C); and" in subparagraph (A) and inserting "(4)(C) or has received a permit under section 204(d);"; (2) by striking the period at the end of subparagraph (B) and inserting a semicolon and the word "and"; and (3) by inserting after subparagraph (B) the following: Reports. "(C) the owner or operator of the vessel submits reports Regulations. on the tonnage of fish received from vessels of the United States and the locations from which such fish were harvested, in accordance with such procedures as the Secretary by regulation shall prescribe.". 16 USC 1856 (d) INTERIM AUTHORITY FOR DUNGENESS CRAB.—(1) Subject J^ote. to the provisions of this subsection and notwithstanding section 306(a) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1856(a)), the States of Washington, Oregon, and California may each enforce State laws and regulations governing fish harvesting and processing against any vessel operating in the exclusive economic zone off each respective State in a fishery for Dungeness crab (Cancer magister) for which there is no fishery m2uiagement plan implemented under the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). Applicability. (2) Any law or regulation promulgated under this subsection shall apply equally to vessels operating in the exclusive economic zone and adjacent State waters and shall be limited to— (A) establishment of season opening and closing dates, including presoak dates for crab pots; (B) setting of minimum sizes and crab meat recovery rates; (C) restrictions on the retention of crab of a certain sex; and

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