Page:United States Statutes at Large Volume 90 Part 1.djvu/401

 PUBLIC LAW 94-265—APR. 13, 1976

90 STAT. 351

(6) conduct any other activities which are required by, or provided for in, this Act or which are necessary and appropriate to the foregoing functions. SEC. 303. CONTENTS OF FISHERY MANAGEMENT PLANS. (a) REQUIRED PROVISIONS.—Any fishery management plan which 16 USC 1853. is prepared by any Council, or by the Secretary, with respect to any fishery, shall— (1) contain the conservation and management measures, applicable to foreign fishing and fishing by vessels of the United States, which are— (A) necessary and appropriate for the conservation and management of the fishery; (B) described in this subsection or subsection (b), or both; and (C) consistent with the national standards, the other provisions of this Act, and any other applicable law; (2) contain a description of the fishery, including, but not limited to, the number of vessels involved, the type and quantity of fishing gear used, the species of fish involved and their location, the cost likely to be incurred in management, actual and potential revenues from the fishery, any recreational interests in the fishery, and the nature and extent of foreign fishing and Indian treaty fishing rights, if any; (3) a^ess and specify the present and probable future condition of, and the maximum sustainable yield and optimum yield from, the fishery, and include a summary of the information utilized in making such specification; (4) assess and specify— (A) the capacity and the extent to which fishing vessels of the United States, on an annual basis, will harvest the optimum yield specified under paragraph (3), and (B) the portion of such optimum yield which, on an annual basis, will not be harvested by fishing vessels of the United States and can be made available for foreign fishing; and (5) specify the pertinent data which shall be submitted to the Secretary with respect to the fishery, including, but not limited to, information regarding the type and quantity of fishing gear used, catch by species in numbers of fish or weight thereof, areas in which fishing was engaged in, time of fishing, and number of hauls. (b) DISCRETIONARY PROVISIONS.—Any fishery management plan which is prepared by any Council, or by the Secretary, with respect to any fishery, may— (1) require a permit to be obtained from, and fees to be paid to, the Secretary with respect to any fishing vessel of the United 'States fishing, or wishing to fish, in the fishery conservation zone, or for anadromous species or Continental Shelf fishery resources beyond such zone; (2) designate zones where, and periods when, fishing shall be limited, or shall not be permitted, or shall be permitted only by specified types of fishing vessels or with specified types and quantities of fishing gear; (3) establish specified limitations on the catch of fish (based on area, species, size, number, weight, sex, incidental catch, total biomass, or other factors), which are necessary and appropriate for the conservation and management of the fishery;

89-194 O—78—pt. 1

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