(a) Except as
provided in this chapter, a foreign fishing vessel is prohibited from engaging
in fish processing in the internal waters of Alaska.
(b) A foreign fishing vessel may engage in
fish processing in the internal waters of Alaska if
(1) the foreign nation under which it is
flagged will be a party to an agreement or a treaty, as required by
16 U.S.C.
1856(c), and during the time
the vessel will engage in the fish processing;
(2) the owner or operator of the foreign
fishing vessel, or a person representing the owner or operator, applies to the
governor for, and is granted, a foreign processing permit for the vessel to
engage in fish processing in the internal waters of Alaska.
(c) The governor will not grant a
permit under (b)(2) of this section if he determines that fish processors in
Alaska have adequate capacity, and will use that capacity, to process all of
the United States harvested fish from the fishery concerned that are landed in
Alaska.
(d) In determining whether
or not fish processors in Alaska have adequate capacity, and will use that
capacity, to process all of the United States harvested fish from the fishery,
the governor will, in his discretion, consider the following factors:
(1) the total allowable catch expected in the
fishery;
(2) availability and
capability of harvesting vessels in Alaska, seasonal fishing and processing
schedules, and marketing and other similar conditions in the fishery concerned
and in alternative fisheries;
(3)
availability of labor, adequacy and condition of processing machinery,
freezers, and cold storage facilities of fish processors in Alaska, and the
ability, intent and plans of those processors to process particular
species;
(4) economic
considerations, including contracts, agreements, and negotiations for the
purchase of United States harvested fish by processors in Alaska;
(5) geographical considerations including
proximity of harvest areas to the facilities of fish processors in Alaska;
and
(6) the extent to which fish
processors in Alaska have processed particular species.
(e) An owner or operator of a foreign fishing
vessel who submits an application for a permit to engage in fish processing in
the internal waters of Alaska must
(1) state
the reasons why fish processors in Alaska do not have adequate capacity, or
will not use their capacity, to process all of the United States harvested fish
from the fishery concerned that are landed;
(2) provide the following information:
(A) vessel description and
identification;
(B) names and
descriptions of the vessels, if known, from which the applicant will purchase
fish;
(C) the species and quantity
proposed to be processed and processing methods to be used;
(D) a description of the fishery from which
the species will be harvested;
(E)
the stage of development of the fishery as established, developing or
undeveloped, and a statement of how the proposed operation in the fishery will
help to achieve the full potential of the resources and provide benefits
including employment, food supply, and revenue;
(F) the dates for which permission is
sought;
(G) the specific locations
in internal waters proposed for foreign processing;
(H) the qualifying governing international
fisheries agreement or treaty, as required by
16 U.S.C.
1856(c);
(I) evidence of compliance with applicable
federal and state regulations including state laws and regulations that apply
to processing vessels;
(J) proof of
financial ability to purchase the expected quantity of fish to be processed, at
reasonable market conditions;
(K)
the ultimate sales market for the product, and marketing information showing
how the operation will benefit development of the United States fishing
industry;
(L) other information on
the applicant's vessels, equipment, operations, and experience, reliance on
local fishing vessel operations, and ability to benefit the United States
fishing industry and residents of Alaska.
(f) In evaluating an application for a
foreign processing permit, the governor will consider whether and to what
extent the applicant and the applicant's nation have been, are, or will be
contributing to the conservation, use, management, development, and enforcement
of domestic fisheries programs.
(g)
If a permit is granted, the governor will, in his discretion, designate times
and areas of operations, species and quantities to be processed and other
conditions of operation in order to attain desired benefits to the United
States fishing industry.
(h) The
governor will, in his discretion, suspend or terminate a permit granted under
this section when he determines that processors in Alaska have adequate
capacity, and will use that capacity, to process all United States harvested
fish from the fishery and that the suspension or termination is necessary to
achieve desired benefits to the United States fishing industry.
(i) The governor will, in his discretion,
appoint a foreign processing advisory committee to obtain and review
information regarding fish processing operations, including capacity
determinations, in Alaska.
(j) In
this section,
(1) "developed fishery" means a
fishery in which United States processing capacity is available and has been
used by United States fishermen and processors but not to the full extent of
the total allowable catch in the fishery;
(2) "established fishery" means a fishery in
which United States processing capacity has been available and has been used by
United States fishermen and processors to the full extent of the total
allowable catch in the fishery and in which full utilization by United States
fishermen and processors is likely to continue;
(3) "fishery" means
(A) a stock or stocks of fish which may be
treated as a unit for purposes of conservation and management and which are
identified on the basis of geographical, scientific, technical, recreational,
and economic characteristics; or
(B) the commercial taking of these
stocks;
(4) "foreign
fishing vessel" means a vessel that is documented under the flag of a foreign
nation and engages in fish processing;
(5) "internal waters of Alaska" means all
waters within the boundaries of the state except those seaward of the baseline
from which the territorial sea is measured;
(6) "processing" means the application of
preservative methods to the flesh of fish to maintain quality and prevent
deterioration, including
(A) storage and
transportation of unprocessed fish;
(B) preparation for preservation;
(C) cooking, canning, smoking, salting,
drying, freezing, icing, refrigeration, vacuum packing, gas, microwave
preservation, and other preservation means;
(7) "total allowable catch" means the
quantity of fish in a fishery that may be harvested without detriment to
sustained yield;
(8) "undeveloped
fishery" means a fishery in which there has been no United States commercial
fishing nor processing of the total allowable catch in the fishery.