Sec. 103. Action by the Secretary
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Not later than 90 days after the date of enactment of this Act, the Secretary of Commerce shall issue a notice of proposed rulemaking to revise and update agency procedures under the mandate of section 304(i) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1854(i) ), as added by section 107 of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 (120 Stat. 3594). Section 304(d) ( 16 U.S.C. 1854(d) ) is amended— in paragraph (2)(A)— by striking actual costs directly related to and inserting net incremental costs attributable to ; in clause (i), by striking ; and and inserting a semicolon; in clause (ii), by striking the period at the end and inserting ; and ; and by adding at the end the following: management program that allocates a percentage of the total allowable catch to individuals who have formed a sector (for purposes of this subparagraph, as defined in section 648.2 of title 50, Code of Federal Regulations). ; and by adding at the end the following:
The Secretary may not collect any fee under this section or section 313(a) before preparing an analysis that identifies the costs that will be recovered by the fee and the costs that will not be recovered by the fee. The analysis shall be included in the applicable fishery management plan. . Section 304(e) ( 16 U.S.C. 1854(e) ) is amended— by amending the heading to read as follows:
(e); Rebuilding overfished and otherwise depleted fisheries .— by amending paragraph
(1)to read as follows: The Secretary shall report annually to the Congress and the Councils on the status of fisheries within each Council's geographical area of authority and identify those fisheries that are overfished or otherwise depleted, or are approaching a condition of being overfished or otherwise depleted. For those fisheries managed under a fishery management plan or international agreement, the status shall be determined using the criteria for overfishing (or depletion, where applicable) specified in the plan or agreement. A fishery shall be classified as approaching a condition of being overfished or otherwise depleted if, based on trends in fishing effort, fishery resource size, and other appropriate factors, the Secretary estimates that the fishery will become overfished or otherwise depleted within 2 years. ; in paragraph (2), by inserting or otherwise depleted after overfished ; in paragraph (3)(B), by inserting or otherwise depleted after overfished ; by amending paragraph (4)(A) to read as follows: specify a time period for rebuilding the fishery that— shall be as short as possible, taking into account the status and biology of any overfished stocks of fish, the needs of fishing communities, recommendations by international organizations in which the United States participates, and the interaction of the overfished stock of fish within the marine ecosystem; and except where management measures under an international agreement with the United States participates dictate otherwise, shall not exceed— 10 years, except in cases where the biology of the stock of fish or other environmental conditions dictate otherwise; or the sum of the time in which the affected stock of fish is expected to rebuild to its maximum sustainable yield biomass level in the absence of any fishing mortality, and the mean generation of time of the affected stock of fish, if those time values are the best scientific information available; ; and in paragraph (5), by striking that a fishery is overfished and inserting that a fishery is overfished or otherwise depleted . Section 304 ( 16 U.S.C. 1854 ) is amended— by striking
(i)and inserting International overfishing .—
(j); and International overfishing .— in subsection (j)(1), as redesignated by paragraph
(1)of this subsection, by inserting shall after State, . Section 304 ( 16 U.S.C. 1854 ), as amended by subsection
(d)of this section, is further amended by adding at the end the following: Not later than 30 days after the last day of each fiscal year, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives a report for that fiscal year on— the Western Pacific Sustainable Fisheries Fund established under section 204(e)(7); the Limited Access System Administration Fund established under section 305(h)(5)(B); the North Pacific Fishery Observer Fund established under section 313(d); and the Fisheries Conservation and Management Fund established under section 208(a) of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 ( 16 U.S.C. 1891b(a) ). The annual report required under paragraph
(1)shall include a detailed accounting of— all moneys in each fund at the start of the fiscal year; all moneys deposited in each fund during the fiscal year; all moneys paid out of each fund during the fiscal year; and all projects, programs, and activities funded by each fund during the fiscal year. .
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- 120 Stat. 3594
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