Page:United States Statutes at Large Volume 110 Part 5.djvu/486

This page needs to be proofread.

110 STAT. 3560 PUBLIC LAW 104-297—OCT. 11, 1996 Sec. 402. Interjurisdictional Fisheries Act amendments. Sec. 403. Anadromous fisheries amendments. Sec. 404. Atlantic coastal fisheries amendments. Sec. 405. Technical amendments to maritime boundary agreement. Sec. 406. Amendments to the Fisheries Act. SEC. 2. AMENDMENT OF MAGNUSON FISHERY CONSERVATION AND MANAGEMENT ACT. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). TITLE I—CONSERVATION AND MANAGEMENT SEC. 101. FINDINGS; PURPOSES; POLICY. Section 2 (16 U.S.C. 1801) is amended— (1) by striking subsection (a)(2) and inserting the following: "(2) Certain stocks of fish have declined to the point where their survival is threatened, and other stocks of fish have been so substantially reduced in number that they could become similarly threatened as a consequence of (A) increased fishing pressure, (B) the inadequacy of fishery resource conservation and management practices and controls, or (C) direct and indirect habitat losses which have resulted in a diminished capacity to support existing fishing levels."; (2) by inserting "to facilitate long-term protection of essential fish habitats," in subsection (a)(6) after "conservation,"; (3) by adding at the end of subsection (a) the following: "(9) One of the greatest long-term threats to the viability of commercial and recreational fisheries is the continuing loss of marine, estuarine, and other aquatic habitats. Habitat considerations should receive increased attention for the conservation and mgmagement of fishery resources of the United States. "(10) Pacific Insular Areas contain unique historical, cultural, legal, political, and geographical circumstances which make fisheries resources important in sustaining their economic growth."; (4) by striking "principles;" in subsection (b)(3) and inserting "principles, including the promotion of catch and release programs in recreational fishing;"; (5) by striking "and" after the semicolon at the end of subsection (b)(5); (6) by striking "development." in subsection (b)(6) and inserting "development in a non-wasteful manner; and"; (7) by adding at the end of subsection (b) the following: "(7) to promote the protection of essential fish habitat in the review of projects conducted under Federal permits, licenses, or other authorities that affect or have the potential to affect such habitat."; (8) in subsection (c)(3)— (A) by striking "promotes" and inserting "considers"; and