Sec. 204. Modifications to the annual catch limit requirement
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Section 302 ( 16 U.S.C. 1852 ) is amended by adding at the end the following: Notwithstanding subsection (h)(6), in the case of a stock of fish for which the total annual catch limit is 25 percent or more below the overfishing limit, a peer-reviewed stock survey and stock assessment have not been performed during the preceding 5 fishing years, and the stock is not subject to overfishing, a Council may, after notifying the Secretary, maintain the current annual catch limit for the stock until a peer-reviewed stock survey and stock assessment are conducted and the results are considered by the Council and its scientific and statistical committee.
In establishing annual catch limits a Council may, consistent with subsection (h)(6), consider changes in an ecosystem and the economic needs of the fishing communities. Notwithstanding subsection (h)(6), a Council is not required to develop an annual catch limit for— an ecosystem-component species; a fishery for a species that has a life cycle of approximately 1 year, unless the Secretary has determined the fishery is subject to overfishing; or a stock for which— more than half of a single-year class will complete their life cycle in less than 18 months; and fishing mortality will have little impact on the stock.
Each annual catch limit, consistent with subsection (h)(6)— may take into account management measures under international agreements in which the United States participates; and in the case of an annual catch limit developed by a Council for a species, shall take into account fishing for the species outside the exclusive economic zone and the life-history characteristics of the species that are not subject to the jurisdiction of the Council. If fishery management activities by another country with respect to fishing outside the exclusive economic zone may hinder conservation efforts by United States fishermen for a fish species for which any of the recruitment, distribution, life history, or fishing activities are transboundary, and for which there is no informal transboundary agreement with that country in effect, then— notwithstanding subsection (h)(6), no annual catch limit is required to be developed for the species by a Council; and if an annual catch limit is developed by a Council for the species, the catch limit shall take into account fishing for the species outside the exclusive economic zone that is not subject to the jurisdiction of the Council.
For purposes of subsection (h)(6), a Council may establish— an annual catch limit for a stock complex; or annual catch limits for each year in any continuous period that is not more than 3 years in duration. In this subsection the term ecosystem-component species means a stock of fish that is a nontarget, incidentally harvested stock of fish in a fishery, or a nontarget, incidentally harvested stock of fish that a Council or the Secretary has determined— is not subject to overfishing, approaching a depleted condition or depleted; and is not likely to become subject to overfishing or depleted in the absence of conservation and management measures.
Nothing in this subsection shall be construed as providing an exemption from the requirements of section 301(a) of this Act. . Section 304 ( 16 U.S.C. 1854 ) is amended— by striking
(i)and inserting International Overfishing.—
(j); International Overfishing.— in subsection (j)(1), as redesignated, by inserting shall before immediately ; and by adding at the end the following: Not later than 2 years after the date that the Secretary receives notice from a Council under section 302(m), the Secretary shall complete a peer-reviewed stock survey and stock assessment of the applicable stock of fish and transmit the results of the survey and assessment to the Council. .
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