Page:United States Statutes at Large Volume 104 Part 6.djvu/62

This page needs to be proofread.


104 STAT. 4452 PUBLIC LAW 101-627—NOV. 28, 1990 Reports. "(5) The Secretary shall, upon completion of the programs required by this subsection, submit a detailed report on the results of such programs to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Merchant Marine and Fisheries of the House of Representatives. "(6)(A) Except as provided in this paragraph, the Secretary may not implement any measures under this Act to reduce incidental mortality of nontarget fishery resources in the course of shrimp trawl fishing which would restrict the period during which shrimp are harvested or would require the use of any technological device or other change in fishing technology. "(B) The prohibition contained in subparagraph (A) shall cease on January 1, 1994. "(C) This paragraph does not apply to any law or regulation in effect on the date of enactment of this paragraph, nor does it limit in any way the Secretary's authority to take action, including any limitation on entry permitted by this Act, for the conservation and management of the shrimp fishery resource.". (d) ATLANTIC SEA SCALLOP FISHERY MANAGEMENT PLAN.— (1) The New England Fishery Management Council may submit to the Secretary of Commerce an amendment to the Atlantic Sea Scallop Fishery Management Plan. Any amendment submitted under this section shall— (A) contain measures providing for the conservation and management of Atlantic sea scallops, that are not based primarily on the scallop meat count but which may include controls on scallop harvesting effort; and (B) consider the views of fishermen and fish processors involved in the Atlantic sea scallop fishery. (2) If no amendment is submitted under paragraph (1) before one year after the date of enactment of this Act, the Secretary of Commerce is encouraged to prepare the amendment described in paragraph (1) under section 304 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1854). IMPLEMENTATION OF FISHERY MANAGEMENT PLANS SEC. 111. (a) TECHNICAL AND CONFORMING AMENDMENTS. —(1) Section 305 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1855) is amended— (A) by redesignating subsections (c), (d), and (e) as subsections (a), (b), and (c), respectively; and (B) by redesignating subsections (g) and (h) as subsections (d) and (e), respectively. (2) Section 304 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1854) is amended— (A) in subsection (b)(1) by striking "305(c)" in the first sentence and inserting in lieu thereof "305(a)"; (B) in subsection (b)(3)(D) by striking "305(c)" and inserting in lieu thereof "305(a)"; and (C) in subsection (c)(2)(B) by striking "305(c)" and inserting in lieu thereof "305(a)". (b) JUDICIAL REVIEW OF CERTAIN IMPLEMENTING ACTIONS.— Section 305(b) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1855(b)), as redesignated by subsection (a)(1)(A), is amended to read as follows: