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shall become effective upon a subsequent date determined by the Secretary

(2) Between July 1, 2001, and December 31, 2002, the Secretary shall, on the basis of the completed study conducted under section 304(a) of the Marine Mammal Protection Act of 1972, information obtained under the International Dolphin Conservation Program, and any other relevant information, make a finding regarding whether the intentional deployment on or encirclement of dolphins with purse seine nets is having a significant adverse impact on any depleted dolphin stock in the eastern tropical Pacific Ocean. The finding shall be published immediately in the Federal Register and shall become effective upon a subsequent date determined by the Secretary. (h) ČERTIFICATION BY CAPTAIN AND OBSERVER.

(1) Unless otherwise required by paragraph (2), the certification by the captain under subsection (d)(2)(B)(i) and the certification provided by the observer as specified in subsection (d)(2)(B)(ii) shall be that no dolphins were killed or seriously injured during the sets in which the tuna were caught.

(2) The certification by the captain under subsection (d)(2)(B)(i) and the certification provided by the observer as specified under subsection (d)(2)(B)(ii) shall be that no tuna were caught on the trip in which such tuna were harvested using a purse seine net intentionally deployed on or to encircle dolphins, and that no dolphins were killed or seriously injured during the sets in which the tuna were caught, if the tuna were caught on a trip commencing

(A) before the effective date of the initial finding by the Secretary under subsection (g)(1);

(B) after the effective date of such initial finding and before the effective date of the finding of the Secretary under subsection (g)(2), where the initial finding is that the intentional deployment on or encirclement of dolphins is having a significant adverse impact on any depleted dolphin stock; or

(C) after the effective date of the finding under subsection (g)(2), where such finding is that the intentional deployment on or encirclement of dolphins is having a significant adverse impact on any such depleted stock.

75-297 D-01--9

MAGNUSON-STEVENS FISHERY CONSERVATION AND

MANAGEMENT ACT

MAGNUSON-STEVENS FISHERY CONSERVATION AND

MANAGEMENT ACT

[Public Law 94–265, Approved Apr. 13, 1976, 90 Stat. 331)

(Amended through Public Law, 106–557, Dec. 21, 2000)

AN ACT To provide for the conservation and management of the fisheries, and for

other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (16 U.S.C. 1801 note) this Act may be cited as the “Magnuson-Stevens Fishery Conservation and Management Act”.

TABLE OF CONTENTS Sec. 2. Findings, purposes, and policy. Sec. 3. Definitions. (Sec. 4. Authorization of appropriations.] 1 TITLE I-UNITED STATES RIGHTS AND AUTHORITY REGARDING FISH AND

FISHERY RESOURCES
Sec. 101. United States sovereign rights to fish and fishery management authority.
Sec. 102. Highly migratory species.
TITLE II-FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS
Sec. 201. Foreign fishing.
Sec. 202. International fishery agreements.
Sec. 203. Congressional oversight of governing International fishery agreements. 2
Sec. 204. Permits for foreign fishing.
Sec. 205. Import prohibitions.
Sec. 206. Large-scale driftnet fishing.

TITLE III-NATIONAL FISHERY MANAGEMENT PROGRAM
Sec. 301. National standards for fishery conservation and management.
Sec. 302. Regional fishery management councils.
Sec. 303. Contents of fishery management plans.
Sec. 304. Action by the Secretary.
Sec. 305. Implementation of fishery management plans. 2
Sec. 306. State jurisdiction.
Sec. 307. Prohibited acts.
Sec. 308. Civil penalties and permit sanctions.
Sec. 309. Criminal offenses.
Sec. 310. Civil forfeitures.
Sec. 311. Enforcement.
Sec. 312. Effective date of certain provisions. 3
Sec. 313. North Pacific fisheries research plan. 3
Sec. 314. Northwest Atlantic Oceans Fisheries Reinvestment Program.
Sec. 312. Transition to sustainable fisheries. 4

1 The item in the table of contents for section 4 does not appear in law and is only included for the convienence of the reader.

2 This item does not conform with the heading of such section. 3 This item does not conform with the heading of such section and should be deleted. 4 This item conforms with the heading of such section, but was improperly added at the end of the table of contents by section 211 of P.L. 104–297.

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