Page:United States Statutes at Large Volume 110 Part 5.djvu/526

 110 STAT. 3600 PUBLIC LAW 104-297—OCT. 11, 1996 (d) Section 311 (16 U.S.C. 1861) is amended by redesignating subsection (g) as subsection (h), and by inserting the following after subsection (f): "(g) ENFORCEMENT IN THE PACIFIC INSULAR AREAS. — The Secretary, in consultation with the Governors of the Pacific Insular Areas and the Western Pacific Council, shall to the extent practicable support cooperative enforcement agreements between Federal and Pacific Insular Area authorities.". (e) Section 311 (16 U.S.C. 1861), as amended by subsection (d), is amended by striking "201(b), (c)," in subsection (i)(l), as redesignated, and inserting "201(b) or (c), or section 204(d),". SEC. 116. TRANSITION TO SUSTAINABLE FISHERIES. 16 USC 1861a. (a) Section 312 is amended to read as follows: "SEC. 312. TRANSITION TO SUSTAINABLE FISHERIES. "(a) FISHERIES DISASTER RELIEF. — (1) At the discretion of the Secretary or at the request of the Governor of an affected State or a fishing commiuiity, the Secretary shall determine whether there is a commercial fishery failure due to a fishery resource disaster as a result of— "(A) natural causes; "(B) man-made causes beyond the control of fishery managers to mitigate through conservation and management measures; or "(C) imdetermined causes. "(2) Upon the determination under paragraph (1) that there is a commercial fishery failure, the Secretary is authorized to make sums available to be used by the affected State, fishing community, or by the Secretary in cooperation with the affected State or fishing community for assessing the economic and social effects of the commercial fishery failure, or any activity that the Secretary determines is appropriate to restore the fishery or prevent a similar failure in the fiiture and to assist a fishing community affected by such failure. Before making funds available for an activity authorized under this section, the Secretary shall make a determination that such activity will not expand the size or scope of the commercial fishery failure in that fishery or into other fisheries or other geographic regions. "(3) The Federal share of the cost of any activity carried out under the authority of this subsection shall not exceed 75 percent of the cost of that activity. Appropriation "(4) There are authorized to be appropriated to the Secretary authorization. such sums as are necessary for each of the fiscal years 1996, 1997, 1998, and 1999. "(b) FISHING CAPACITY REDUCTION PROGRAM. — (1) The Secretary, at the request of the appropriate Council for fisheries under the authority of such Council, or the Governor of a State for fisheries under State authority, may conduct a fishing capacity reduction program (referred to in this section as the 'program') in a fishery if the Secretary determines that the program— "(A) is necessary to prevent or end overfishing, rebuild stocks of fish, or achieve measurable and significsint improvements in the conservation and management of the fishery; "(B) is consistent with the Federal or State fishery management plan or program in effect for such fishery, as appropriate, and that the fishery management plan—

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