Page:United States Statutes at Large Volume 104 Part 6.djvu/60

This page needs to be proofread.


104 STAT. 4450 PUBLIC LAW 101-627—NOV. 28, 1990 Qa) MANAGEMENT OF HIGHLY MIGRATORY SPECIES FISHERIES. — (1) Section 304(f) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1854(f)) is amended— (A) by striking "MISCELLANEOUS DUTIES" and inserting in lieu thereof "FISHERIES UNDER AUTHORITY OF MORE THAN ONE COUNCIL"; (B) in paragraph (1) by striking "If and inserting in lieu thereof "Except as provided in paragraph (3), if; and (C) by adding at the end the following new paragraph: "(3)(A) The Secretary shall have authority over any highly migratory species fishery that is within the geographical area of authority of more than one of the following Councils: New England Council, Mid-Atlantic Council, South Atlantic Council, Gulf Council, and Caribbean Council. "(B) In accordance with the provisions of this Act and any other applicable law, the Secretary shall— "(i) identify research and information priorities, including observer requirements and necessary data collection and analy- sis for the conservation and management of highly migratory species; "(ii) prepare and amend fishery management plans with respect to highly migratory species fisheries to which this paragraph applies; and "(iii) diligently pursue, through international entities (such as the International Commission for the Conservation of Atlantic Tunas), international fishery management measures with respect to fishing for highly migratory species. "(C) In preparing or amending any fishery management plan under this paragraph, the Secretary shall— "(i) conduct public hearings, at appropriate times and in appropriate locations in the geographical areas concerned, so as to allow interested persons an opportunity to be heard in the preparation and amendment of the plan; "(ii) consult with and consider the comments and views of commissioners and advisory groups appointed under Acts implementing relevant international fishery agreements pertaining to highly migratory species; "(iii) consult with and consider the comments and views of affected Councils; "(iv) evaluate the likely effects, if any, of conservation and management measures on participants in the fisheries affected by the plan and minimize, to the extent practicable, any disadvantage to United States fishermen in relation to foreign competitors; and "(v) review, on a continuing basis (and promptly whenever a recommendation pertaining to fishing for highly migratory species has been made under a relevant international fishery agreement), and revise as appropriate, the conservation and manageirient measures included in the plan. "(D) Conservation and management measures contained in any fishery management plan under this paragraph shall— "(i) take into consideration traditional fishing patterns of fishing vessels of the United States and the operating requirements of the fisheries; "(ii) be fair and equitable in allocating fishing privileges among United States fishermen and not have economic allocation as the sole purpose; and