Page:United States Statutes at Large Volume 96 Part 2.djvu/588

 96 STAT. 1950


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General Permit, extension.

Report, availability. Publication in Federal Register.

Publication in Federal Register.

PUBLIC LAW 97-389—DEC. 29, 1982

niques, or both, are implemented in the North Pacific salmon fishery which will reduce porpoise mortality to the greatest extent practicable. "(2) The introduction of new fishing gear or techniques, or both, in the fishery under paragraph (1) of this subsection shall be accomplished no later than is specified in the following timetable: "(A) 25 per centum of the fleet by the commencement of the 1984 season; "(B) 50 per centum of the fleet by the commencement of the 1985 season; "(C) 75 per centum of the fleet by the commencement of the 1986 season; and "(D) 100 per centum of the fleet in order to be eligible for a new permit for the period after June 9, 1987. The Secretary shall have the authority to decide, based upon available fishery research, which types of fishing gear or techniques offer the most practical and effective opportunity for reducing porpoise mortality, and to specify which of these fishing gear or techniques, or both, must be implemented during the time periods specified in subparagraphs (A) through (D) of this paragraph. In addition, the National Marine Fisheries Service may require the implementation of new gear types or fishing techniques, or both, on a faster schedule if the Service determines that faster implementation is technically and economically feasible. "(b) The General Permit issued under the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) to the Federation of Japan Salmon Fisheries Cooperative Association on May 7, 1981 (hereinafter referred to as the 'General Permit'), is extended through June 9, 1987, unless earlier terminated by the Secretary pursuant to applicable law: Provided, That— "(1) all other provisions of the General Permit and applicable law shall remain in effect during that period; "(2) the Secretary shall by January 1 of each year during that period prepare and make available a report covering the results of the annual review required by condition B-2 of the General Permit and a proposed action plan for the forthcoming fishing season setting forth monitoring, research and development, and any other necessary actions to assure compliance with the General Permit, resolve questions about the status and trends of marine mammals affected by the Japanese high seas and landbased salmon gillnet fisheries, and reduce the annual incidental take of marine mammals in the Fishery Conservation Zone, and shall publish a notice of availability of the report in the Federal Register. The Secretary shall, by April 30 of each year during this period, prepare and make available a report covering a final action plan and shall publish a notice of availability of the report in the Federal Register. (3) the Memorandum of Understanding between the Government of the United States of America and the Government of Japan dated June 3, 1981, relating to such incidental taking shall be modified or renegotiated by June 9, 1984, so as to apply to this extended period and to ensure the conduct of necessary monitoring and research and development efforts to implement the action plans described in paragraph (2) of this subsection. "(c) The taking of marine mammals incidental to fishing operations by Japanese salmon fishing vessels within the Fishery Conservation Zone shall be regulated in accordance with the General

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