Editorial Notes
Amendments
2007—Subsec. (a)(8). Pub. L. 109–479 inserted “by utilizing economic and social data that meet the requirements of paragraph (2),” after “fishing communities”.
1996—Subsec. (a)(5). Pub. L. 104–297, § 106(a), substituted “consider efficiency” for “promote efficiency”.
Subsec. (a)(8) to (10). Pub. L. 104–297, § 106(b), added pars. (8) to (10).
1984—Subsec. (a)(1). Pub. L. 98–623 inserted “for the United States fishing industry”.
1983—Subsec. (b). Pub. L. 97–453 substituted “advisory guidelines (which shall not have the force and effect of law)” for “guidelines”.
Statutory Notes and Related Subsidiaries
Limitation on Funding for Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico
Pub. L. 115–31, div. B, title I, § 110, May 5, 2017, 131 Stat. 191, provided that:
“None of the funds appropriated or otherwise made available in this or any other Act, with respect to any fiscal year, may be used in contravention of section 110 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2016 (
Public Law 114–113) [
129 Stat. 2295].”
Longline Catcher Processor Subsector Single Fishery Cooperative
Pub. L. 111–335, Dec. 22, 2010, 124 Stat. 3583, provided that:
“SECTION 1. SHORT TITLE.
“This Act may be cited as the ‘Longline Catcher Processor Subsector Single Fishery Cooperative Act’.
“SEC. 2. AUTHORITY TO APPROVE AND IMPLEMENT A SINGLE FISHERY COOPERATIVE FOR THE LONGLINE CATCHER PROCESSOR SUBSECTOR IN THE BSAI.
“(a) In General.—
Upon the request of eligible members of the longline catcher processor subsector holding at least 80 percent of the licenses issued for that subsector, the
Secretary is authorized to approve a single
fishery cooperative for the longline catcher processor subsector in the BSAI.
“(b) Limitation.—
A single
fishery cooperative approved under this section shall include a limitation prohibiting any eligible member from harvesting a total of more than 20 percent of the Pacific cod available to be harvested in the longline catcher processor subsector, the violation of which is subject to the penalties, sanctions, and forfeitures under section 308 of the Magnuson-Stevens Act (
16 U.S.C. 1858), except that such limitation shall not apply to harvest amounts from quota assigned explicitly to a CDQ group as part of a CDQ allocation to an entity established by section 305(i) of the Magnuson-Stevens Act (
16 U.S.C. 1855(i)).
“(c) Contract Submission and Review.—The longline catcher processor subsector shall submit to the Secretary—
“(1)
not later than November 1 of each year, a contract to implement a single
fishery cooperative approved under this section for the following calendar year; and
“(2)
not later than 60 days prior to the commencement of
fishing under the single
fishery cooperative, any interim modifications to the contract submitted under paragraph (1).
“(d) Department of Justice Review.—
Not later than November 1 before the first year of
fishing under a single
fishery cooperative approved under this section, the longline catcher processor sector shall submit to the
Secretary a copy of a letter from a party to the contract under subsection (c)(1) requesting a business review letter from the Attorney General and any response to such request.
“(e) Implementation.—
The
Secretary shall implement a single
fishery cooperative approved under this section not later than 2 years after receiving a request under subsection (a).
“(f) Status Quo Fishery.—
If the longline catcher processor subsector does not submit a contract to the
Secretary under subsection (c) then the longline catcher processor subsector in the BSAI shall operate as a limited access
fishery for the following year subject to the license limitation program in effect for the longline catcher processor subsector on the date of enactment of this Act [
Dec. 22, 2010] or any subsequent modifications to the license limitation program recommended by the
Council and approved by the
Secretary.
“SEC. 3. HARVEST AND PROHIBITED SPECIES ALLOCATIONS TO A SINGLE FISHERY COOPERATIVE FOR THE LONGLINE CATCHER PROCESSOR SUBSECTOR IN THE BSAI.“A single fishery cooperative approved under section 2 may, on an annual basis, collectively—
“(1)
harvest the total amount of BSAI Pacific cod total allowable catch, less any amount allocated to the longline catcher processor subsector non-cooperative limited access
fishery;
“(2)
utilize the total amount of BSAI Pacific cod prohibited species catch allocation, less any amount allocated to a longline catcher processor subsector non-cooperative limited access
fishery; and
“(3)
harvest any reallocation of Pacific cod to the longline catcher processor subsector during a
fishing year by the
Secretary.
“SEC. 4. LONGLINE CATCHER PROCESSOR SUBSECTOR NON-COOPERATIVE LIMITED ACCESS FISHERY.
“(a) In General.—
An eligible member that elects not to participate in a single
fishery cooperative approved under section 2 shall operate in a non-cooperative limited access
fishery subject to the license limitation program in effect for the longline catcher processor subsector on the date of enactment of this Act [
Dec. 22, 2010] or any subsequent modifications to the license limitation program recommended by the
Council and approved by the
Secretary.
“(b) Harvest and Prohibited Species Allocations.—Eligible members operating in a non-cooperative limited access fishery under this section may collectively—
“(1)
harvest the percentage of BSAI Pacific cod total allowable catch equal to the combined average percentage of the BSAI Pacific cod harvest allocated to the longline catcher processor sector and retained by the vessel or vessels designated on the eligible members license limitation program license or licenses for 2006, 2007, and 2008, according to the catch accounting system data used to establish total catch; and
“(2)
utilize the percentage of BSAI Pacific cod prohibited species catch allocation equal to the percentage calculated under paragraph (1).
“SEC. 5. AUTHORITY OF THE NORTH PACIFIC FISHERY MANAGEMENT COUNCIL.
“(a) In General.—
Nothing in this Act shall supersede the authority of the
Council to recommend for approval by the
Secretary such
conservation and management measures, in accordance with the Magnuson-Stevens Act (
16 U.S.C. 1801 et seq.) as it considers necessary to ensure that this Act does not diminish the effectiveness of
fishery management in the BSAI or the Gulf of Alaska Pacific cod
fishery.
“(b) Limitations.—
“(1) Notwithstanding the authority provided to the Council under this section, the Council is prohibited from altering or otherwise modifying—
“(A)
the methodology established under section 3 for allocating the BSAI Pacific cod total allowable catch and BSAI Pacific cod prohibited species catch allocation to a single
fishery cooperative approved under this Act; or
“(B)
the methodology established under section 4 of this Act for allocating the BSAI Pacific cod total allowable catch and BSAI Pacific cod prohibited species catch allocation to the non-cooperative limited access
fishery.
“(2)
No sooner than 7 years after approval of a single fisheries cooperative under section 2 of this Act, the
Council may modify the harvest limitation established under section 2(b) if such modification does not negatively impact any eligible member of the longline catcher processor subsector.
“(c) Protections for the Gulf of Alaska Pacific Cod Fishery.—
The
Council may recommend for approval by the
Secretary such harvest limitations of Pacific cod by the longline catcher processor subsector in the Western Gulf of Alaska and the Central Gulf of Alaska as may be necessary to protect coastal communities and other Gulf of Alaska participants from potential competitive advantages provided to the longline catcher processor subsector by this Act.
“SEC. 6. RELATIONSHIP TO THE MAGNUSON-STEVENS ACT.
“(a) In General.—
Consistent with section 301(a) of the Magnuson-Stevens Act (
16 U.S.C. 1851(a)), a single
fishery cooperative approved under section 2 of this Act is intended to enhance conservation and sustainable
fishery management, reduce and minimize
bycatch, promote social and economic benefits, and improve the vessel safety of the longline catcher processor subsector in the BSAI.
“(b) Transition Rule.—
A single
fishery cooperative approved under section 2 of this Act is deemed to meet the requirements of section 303A(i) of the Magnuson-Stevens Act (
16 U.S.C. 1853a(i)) as if it had been approved by the
Secretary within 6 months after the date of enactment of the Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act of 2006 [
Pub. L. 109–479, approved
Jan. 12, 2007], unless the
Secretary makes a determination, within 30 days after the date of enactment of this Act [
Dec. 22, 2010], that application of section 303A(i) of the Magnuson-Stevens Act to the cooperative approved under section 2 of this Act would be inconsistent with the purposes for which section 303A was added to the Magnuson-Stevens Act.
“(c) Cost Recovery.—
Consistent with section 304(d)(2) of the Magnuson-Stevens Act (
16 U.S.C. 1854(d)(2)), the
Secretary is authorized to recover reasonable costs to administer a single
fishery cooperative approved under section 2 of this Act.
“SEC. 7. COMMUNITY DEVELOPMENT QUOTA PROGRAM.
“Nothing in this Act shall affect the western Alaska community development program established by section 305(i) of the Magnuson-Stevens Act (16 U.S.C. 1855(i)), including the allocation of fishery resources in the directed Pacific cod fishery.
“SEC. 8. DEFINITIONS.“In this Act:
“(1) BSAI.—
The term ‘BSAI’ has the meaning given that term in section 219(a)(2) of the
Department of Commerce and Related Agencies Appropriations Act, 2005 (
Public Law 108–447;
118 Stat. 2886).
“(2) BSAI pacific cod total allowable catch.—
The term ‘BSAI Pacific cod total allowable catch’ means the Pacific cod total allowable catch for the directed longline catcher processor subsector in the BSAI as established on an annual basis by the
Council and approved by the
Secretary.
“(3) BSAI pacific cod prohibited species catch allocation.—
The term ‘BSAI Pacific cod prohibited species catch allocation’ means the prohibited species catch allocation for the directed longline catcher processor subsector in the BSAI as established on an annual basis by the
Council and approved by the
Secretary.
“(5) Eligible member.—
The term ‘eligible member’ means a holder of a license limitation program license, or licenses, eligible to participate in the longline catcher processor subsector.
“(6) Gulf of alaska.—
The term ‘Gulf of Alaska’ means that portion of the
Exclusive Economic Zone contained in Statistical Areas 610, 620, and 630.
“(7) Longline catcher processor subsector.—
The term ‘longline catcher processor subsector’ has the meaning given that term in section 219(a)(6) of the
Department of Commerce and Related Agencies Appropriations Act, 2005 (
Public Law 108–447;
118 Stat. 2886 [2887]).
“(8) Magnuson-stevens act.—
“(9) Secretary.—
The term ‘
Secretary’ means the
Secretary of Commerce.”
Gulf of Alaska Rockfish Demonstration Program
Pub. L. 108–199, div. B, title VIII, § 802, Jan. 23, 2004, 118 Stat. 110, as amended by Pub. L. 109–479, title II, § 218, Jan. 12, 2007, 120 Stat. 3621, which directed the Secretary of Commerce to establish a pilot program for management of pacific ocean perch, northern rockfish, and pelagic shelf rockfish harvested in the Central Gulf of Alaska, expired Dec. 31, 2011. See 76 F.R. 81248.
Implementation of Steller Sea Lion Protective Measures
Pub. L. 106–554, § 1(a)(4) [div. A, § 209], Dec. 21, 2000, 114 Stat. 2763, 2763A–176, provided that:
“(a) Findings.—The Congress finds that—
“(1)
the western population of Steller sea lions has substantially declined over the last 25 years.
“(2)
scientists should closely research and analyze all possible factors relating to such decline, including the possible interactions between
commercial fishing and Steller sea lions and the localized depletion hypothesis;
“(4)
the
Secretary of Commerce shall comply with the Magnuson-Stevens Act when using
fishery management plans and regulations to implement the decisions made pursuant to findings under the Endangered Species Act [of 1973,
16 U.S.C. 1531 et seq.], and shall utilize the processes and procedures of the regional
fishery management
councils as required by the Magnuson-Stevens Act.
“(b) Independent Scientific Review.—
The North Pacific
Fishery Management
Council (hereafter in this section ‘North Pacific
Council[’]) shall utilize the expertise of the National Academy of Sciences to conduct an independent scientific review of the
November 30, 2000 Biological Opinion for the Bering Sea/Aleutian Islands and Gulf of Alaska groundfish fisheries (hereafter in this section ‘Biological Opinion’), its underlying hypothesis, and the Reasonable and Prudent Alternatives (hereafter in this section ‘Alternatives’) contained therein. The
Secretary shall cooperate with the independent scientific review, and the National Academy of Sciences is requested to give its highest priority to this review.
“(c) Preparation of Fishery Management Plans and Regulations To Implement Protective Measures in the November 30, 2000 Biological Opinion.—
“(1)
The
Secretary of Commerce shall submit to the North Pacific
Council proposed
conservation and management measures to implement the Alternatives contained in the
November 30, 2000 Biological Opinion for the Bering Sea/Aleutian Islands and Gulf of Alaska groundfish fisheries. The North Pacific
Council shall prepare and transmit to the
Secretary a
fishery management plan amendment or amendments to implement such Alternatives that are consistent with the Magnuson-Stevens Act (including requirements in such Act relating to best available science,
bycatch reduction, impacting on
fishing communities, the safety of life at sea, and public comment and hearings.)
“(2)
The Bering Sea/Aleutian Islands and Gulf of Alaska groundfish fisheries shall be managed in a manner consistent with the Alternatives contained in the Biological Opinion, except as otherwise provided in this section. The Alternatives shall become fully effective no later than January 1, 2002, as revised if necessary and appropriate based on the independent scientific review referred to in subsection (b) and other new information, and shall be phased in in 2001 as described in paragraph (3).
“(3) The 2001 Bering Sea/Aleutian Islands and Gulf of Alaska groundfish fisheries shall be managed in accordance with the fishery management plan and Federal regulations in effect for such fisheries prior to July 15, 2000, including—
“(A)
conservative total allowable catch levels;
“(B)
no entry zones within three miles of rookeries;
“(C)
restricted harvest levels near rookeries and haul-outs;
“(E)
spatial and temporal harvest restrictions;
“(F)
federally-mandated
bycatch reduction programs; and
“(G)
additional conservation benefits provided through cooperative
fishing arrangements,
and said regulations are hereby restored to full force and effect.
“(4)
The
Secretary shall amend these regulations by
January 20, 2001, after consultation with the North Pacific
Council and in a manner consistent with all law, including the Magnuson-Stevens Act, and consistent with the Alternatives to the maximum extent practicable, subject to the other provisions of this subsection.
“(5)
The harvest reduction requirement (‘Global Control Rule’) shall take effect immediately in any 2001 groundfish
fishery in which it applies, but shall not cause a reduction in the total allowable catch of any
fishery of more than 10 percent.
“(6)
In enforcing regulations for the 2001 fisheries, the
Secretary, upon recommendation of the North Pacific
Council, may open critical habitat where needed, adjust seasonal catch levels, and take other measures as needed to ensure that harvest levels are sufficient to provide income from these fisheries for small boats and Alaskan on-shore processors that is no less than in 1999.
“(7)
The regulations that are promulgated pursuant to paragraph (4) shall not be modified in any way other than upon recommendation of the North Pacific
Council, before
March 15, 2001.
“(d) Sea Lion Protection Measures.—$20,000,000 is hereby appropriated to the Secretary of Commerce to remain available until expended to develop and implement a coordinated, comprehensive research and recovery program for the Steller sea lion, which shall be designed to study—
“(1)
available prey species;
“(2)
predator/prey relationships;
“(3)
predation by other marine mammals;
“(4)
interactions between fisheries and Steller sea lions, including the localized depletion theory;
“(5)
regime shift, climate change, and other impacts associated with changing environmental conditions in the North Pacific and Bering Sea;
“(7)
juvenile and pup survival rates;
“(11)
the residual impacts of former government-authorized Steller sea lion eradication bounty programs; and
“(12)
the residual impacts of intentional lethal takes of Steller sea lions.
Within available funds the
Secretary shall implement on a pilot basis innovative non-lethal measures to protect Steller sea lions from marine mammal predators including killer whales.
“(e) Economic Disaster Relief.—
$30,000,000 is hereby appropriated to the
Secretary of Commerce to make available as a direct payment to the Southwest Alaska Municipal Conference to distribute to
fishing communities, businesses, community development quota groups, individuals, and other entities to mitigate the economic losses caused by Steller sea lion protection measures heretofore incurred; provided that the President of such organization shall provide a written report to the
Secretary and the House and
Senate Appropriations Committee within 6 months of receipt of these funds.”
Limitation on Fishing Permits
Pub. L. 105–277, div. A, § 101(b) [title VI, § 617], Oct. 21, 1998, 112 Stat. 2681–50, 2681–115, as amended by Pub. L. 106–31, title III, § 3025, May 21, 1999, 113 Stat. 100, provided that:
“(a)
None of the funds made available in this Act or any other Act hereafter enacted may be used to issue or renew a
fishing permit or authorization for any
fishing vessel of the United States greater than 165 feet in registered length, of more than 750 gross registered tons, or that has an engine or engines capable of producing a total of more than 3,000 shaft horsepower as specified in the permit application required under part
648.4(a)(5) of title 50, Code of Federal Regulations, part
648.12 of title 50, Code of Federal Regulations, and the authorization required under part
648.80(d)(2) of title 50, Code of Federal Regulations, to engage in
fishing for Atlantic mackerel or herring (or both) under the
Magnuson-Stevens Fishery Conservation and Management Act (
16 U.S.C. 1801 et seq.), unless the regional
fishery management
council of jurisdiction recommends after
October 21, 1998, and the
Secretary of Commerce approves,
conservation and management measures in accordance with such Act to allow such vessel to engage in
fishing for Atlantic mackerel or herring (or both).
“(b)
Any
fishing permit or authorization issued or renewed prior to the date of the enactment of this Act [
Oct. 21, 1998] for a
fishing vessel to which the prohibition in subsection (a) applies that would allow such vessel to engage in
fishing for Atlantic mackerel or herring (or both) during fiscal year 1999 shall be null and void, and none of the funds made available in this Act [see Tables for classification] may be used to issue a
fishing permit or authorization that would allow a vessel whose permit or authorization was made null and void pursuant to this subsection to engage in the catching, taking, or harvesting of
fish in any other
fishery within the
exclusive economic zone of the
United States.”
Bering Sea Pollock Fishery
Pub. L. 116–283, div. G, title LVXXXIV [LXXXIV], § 8434, Jan. 1, 2021, 134 Stat. 4735, provided that:
“Notwithstanding section 208(g)(5) of the
American Fisheries Act (
Public Law 105–277;
16 U.S.C. 1851 note), a vessel eligible under section 208(e)(21) of such Act that is replaced under section 208(g) of such Act shall be subject to a sideboard restriction catch limit of zero metric tons in the Bering Sea and Aleutian Islands and in the Gulf of Alaska unless that vessel is also a replacement vessel under section 679.4(
o)(4) of title 50, Code of Federal Regulations, in which case such vessel shall not be eligible to be a catcher/processor under section 206(b)(2) of such Act.”
Pub. L. 108–199, div. B, title VIII, § 803, Jan. 23, 2004, 118 Stat. 110, provided that:
“(b) Eligible Vessels.—
Only vessels that are 60 feet or less in length overall and have a valid
fishery endorsement, or vessels that are eligible to harvest pollock under section 208 of title II of division C of
Public Law 105–277 [set out below], shall be eligible to form partnerships with the Aleut Corporation (or its authorized agents) to harvest the allocation under subsection (a). During the years 2004 through 2008, up to 25 percent of such allocation may be harvested by vessels 60 feet or less in length overall. During the years 2009 through 2013, up to 50 percent of such allocation may be harvested by vessels 60 feet or less in length overall. After the year 2012, 50 percent of such allocation shall be harvested by vessels 60 feet or less in length overall, and 50 percent shall be harvested by vessels eligible under such section of
Public Law 105–277.
“(c) Groundfish Optimum Yield Limitation.—
The
optimum yield for groundfish in the Bering Sea and Aleutian Islands Management Area shall not exceed 2 million metric tons. For the purposes of implementing subsections (a) and (b) without adversely affecting current
fishery participants, the allocation under subsection (a) may be in addition to such
optimum yield during the years 2004 through 2008 upon recommendation by the North Pacific
Council and approval by the
Secretary of Commerce (if consistent with the requirements of the
Magnuson-Stevens Fishery Conservation and Management Act (
16 U.S.C. 1801 et seq.)).
Pub. L. 105–277, div. C, title II, subtitle II, Oct. 21, 1998, 112 Stat. 2681–621, as amended by Pub. L. 106–31, title III, § 3027(a)(2)–(7), May 21, 1999, 113 Stat. 101; Pub. L. 107–20, title II, § 2202(e)(1), July 24, 2001, 115 Stat. 170; Pub. L. 107–77, title II, § 211, Nov. 28, 2001, 115 Stat. 779; Pub. L. 107–206, title I, § 1103, Aug. 2, 2002, 116 Stat. 884; Pub. L. 111–281, title VI, § 602(b)(1), (3), Oct. 15, 2010, 124 Stat. 2960, 2961, provided that:
“SEC. 205. DEFINITIONS.“As used in this subtitle—
“(1)
the term ‘Bering Sea and Aleutian Islands Management Area’ has the same meaning as the meaning given for such term in part
679.2 of title 50, Code of Federal Regulations, as in effect on
October 1, 1998;
“(2)
the term ‘catcher/processor’ means a vessel that is used for harvesting
fish and processing that
fish;
“(3)
the term ‘catcher vessel’ means a vessel that is used for harvesting
fish and that does not process pollock onboard;
“(4)
the term ‘directed pollock
fishery’ means the
fishery for the directed
fishing allowances allocated under paragraphs (1), (2), and (3) of section 206(b);
“(5)
the term ‘harvest’ means to commercially engage in the catching, taking, or harvesting of
fish or any activity that can reasonably be expected to result in the catching, taking, or harvesting of
fish;
“(6) the term ‘inshore component’ means the following categories that process groundfish harvested in the Bering Sea and Aleutian Islands Management Area:
“(A)
shoreside processors, including those eligible under section 208(f); and
“(B)
vessels less than 125 feet in length overall that process less than 126 metric tons per week in round-weight equivalents of an aggregate amount of pollock and Pacific cod;
“(10)
the term ‘offshore component’ means all vessels not included in the definition of ‘inshore component’ that process groundfish harvested in the Bering Sea and Aleutian Islands Management Area;
“(11)
the term ‘
Secretary’ means the
Secretary of Commerce; and
“(12)
the term ‘shoreside processor’ means any
person or vessel that receives unprocessed
fish, except catcher/processors, motherships, buying stations, restaurants, or
persons receiving
fish for personal consumption or bait.
“SEC. 206. ALLOCATIONS.
“(a) Pollock Community Development Quota.—
Effective
January 1, 1999, 10 percent of the total allowable catch of pollock in the Bering Sea and Aleutian Islands Management Area shall be allocated as a directed
fishing allowance to the western Alaska community development quota program established under section 305(i) of the Magnuson-Stevens Act (
16 U.S.C. 1855(i)).
“(b) Inshore/Offshore.—Effective January 1, 1999, the remainder of the pollock total allowable catch in the Bering Sea and Aleutian Islands Management Area, after the subtraction of the allocation under subsection (a) and the subtraction of allowances for the incidental catch of pollock by vessels harvesting other groundfish species (including under the western Alaska community development quota program) shall be allocated as directed fishing allowances as follows—
“(1)
50 percent to catcher vessels harvesting pollock for processing by the inshore component;
“(2)
40 percent to catcher/processors and catcher vessels harvesting pollock for processing by catcher/processors in the offshore component; and
“(3)
10 percent to catcher vessels harvesting pollock for processing by motherships in the offshore component.
“SEC. 207. BUYOUT.
“(a) Federal Loan.—
Under the authority of sections 1111 and 1112 [renumbered 1113, 1114] of title XI of the
Merchant Marine Act, 1936 (
46 U.S.C. App. 1279f and 1279g) [now
46 U.S.C. 53735 and 53702(b)] and notwithstanding the requirements of section 312 of the Magnuson-Stevens Act (
16 U.S.C. 1861a), the
Secretary shall, subject to the availability of appropriations for the cost of the direct loan, provide up to $75,000,000 through a direct loan obligation for the payments required under subsection (d).
“(b) Inshore Fee System.—Notwithstanding the requirements of section 304(d) or 312 of the Magnuson-Stevens Act (16 U.S.C. 1854(d) and 1861a), the Secretary shall establish a fee for the repayment of such loan obligation which—
“(1)
shall be six-tenths (0.6) of one cent for each pound round-weight of all pollock harvested from the directed
fishing allowance under section 206(b)(1); and
“(2)
shall begin with such pollock harvested on or after January 1, 2000, and continue without interruption until such loan obligation is fully repaid; and
“(3)
shall be collected in accordance with section 312(d)(2)(C) of the Magnuson-Stevens Act (
16 U.S.C. 1861a(d)(2)(C)) and in accordance with such other conditions as the
Secretary establishes.
“(c) Federal Appropriation.—
Under the authority of section 312(c)(1)(B) of the Magnuson-Stevens Act (
16 U.S.C. 1861a(c)(1)(B)), there are authorized to be appropriated $20,000,000 for the payments required under subsection (d).
“(d) Payments.—Subject to the availability of appropriations for the cost of the direct loan under subsection (a) and funds under subsection (c), the Secretary shall pay by not later than December 31, 1998—
“(1) up to $90,000,000 to the owner or owners of the catcher/processors listed in paragraphs (1) through (9) of section 209, in such manner as the owner or owners, with the concurrence of the Secretary, agree, except that—
“(B)
the portion of such payment with respect to the catcher/processors listed in paragraphs (2) through (9) of section 209 shall be made only after the owner or owners of such catcher/processors submit a written certification acceptable to the
Secretary that such catcher/processors will be scrapped by
December 31, 2000 and will not, before that date, be used to harvest or process any
fish; and
“(2)
(A)
if a contract has been filed under section 210(a) by the catcher/processors listed in section 208(e), $5,000,000 to the owner or owners of the catcher/processors listed in paragraphs (10) through (14) of such section in such manner as the owner or owners, with the concurrence of the
Secretary, agree; or
“(B)
if such a contract has not been filed by such date, $5,000,000 to the owners of the catcher vessels eligible under section 208(b) and the catcher/processors eligible under paragraphs (1) through (20) of section 208(e), divided based on the amount of the harvest of pollock in the directed pollock
fishery by each such vessel in 1997 in such manner as the
Secretary deems appropriate,
except that any such payments shall be reduced by any obligation to the federal government that has not been satisfied by such owner or owners of any such vessels.
“(e) Penalty.—
If the catcher/processor under paragraph (1) of section 209 is used outside of the
exclusive economic zone of the
United States to harvest any
stock of fish that occurs within the
exclusive economic zone of the
United States while the owner who received the payment under subsection (d)(1)(A) has an ownership interest in such vessel, or if the catcher/processors listed in paragraphs (2) through (9) of section 209 are determined by the
Secretary not to have been scrapped by
December 31, 2000 or to have been used in a manner inconsistent with subsection (d)(1)(B), the
Secretary may suspend any or all of the federal permits which allow any vessels owned in whole or in part by the owner or owners who received payments under subsection (d)(1) to harvest or process
fish within the
exclusive economic zone of the
United States until such time as the obligations of such owner or owners under subsection (d)(1) have been fulfilled to the satisfaction of the
Secretary.
“(f) Program Defined; Maturity.—
For the purposes of section 1111 [renumbered 1113] of the
Merchant Marine Act, 1936 (
46 U.S.C. App. 1279f) [now
46 U.S.C. 53735], the
fishing capacity reduction program in this subtitle shall be within the meaning of the term ‘program’ as defined and used in such section. Notwithstanding section 1111(b)(4) [renumbered 1113(b)(4)] of such Act (
46 U.S.C. App. 1279f(b)(4)) [now
46 U.S.C. 53735(c)(4)], the debt obligation under subsection (a) of this section may have a maturity not to exceed 30 years.
“(g) Fishery Capacity Reduction Regulations.—
The
Secretary of Commerce shall by not later than
October 15, 1998 publish proposed regulations to implement subsections (b), (c), (d), and (e) of section 312 of the Magnuson-Stevens Act (
16 U.S.C. 1861a) and sections 1111 and 1112 [renumbered 1113, 1114] of title XI of the
Merchant Marine Act, 1936 (
46 U.S.C. App. 1279f and 1279g) [now
46 U.S.C. 53735 and 53702(b)].
“SEC. 208. ELIGIBLE VESSELS AND PROCESSORS.
“(a) Catcher Vessels Onshore.—Effective January 1, 2000, only catcher vessels which are—
“(1) determined by the Secretary—
“(A)
to have delivered at least 250 metric tons of pollock; or
“(B)
to be less than 60 feet in length overall and to have delivered at least 40 metric tons of pollock,
for processing by the inshore component in the directed pollock
fishery in any one of the years 1996 or 1997, or between
January 1, 1998 and
September 1, 1998;
“(2)
eligible to harvest pollock in the directed pollock
fishery under the license limitation program recommended by the North Pacific
Council and approved by the
Secretary; and
“(3)
not listed in subsection (b),
“(b) Catcher Vessels to Catcher/Processors.—Effective January 1, 1999, only the following catcher vessels shall be eligible to harvest the directed fishing allowance under section 206(b)(2) pursuant to a federal fishing permit:
“(8) any catcher vessel—
“(A)
determined by the
Secretary to have delivered at least 250 metric tons and at least 75 percent of the pollock it harvested in the directed pollock
fishery in 1997 to catcher/processors for processing by the offshore component; and
“(B)
eligible to harvest pollock in the directed pollock
fishery under the license limitation program recommended by the North Pacific
Council and approved by the
Secretary.
“(c) Catcher Vessels to Motherships.—Effective January 1, 2000, only the following catcher vessels shall be eligible to harvest the directed fishing allowance under section 206(b)(3) pursuant to a federal fishing permit:
“(20) any vessel—
“(A)
determined by the
Secretary to have delivered at least 250 metric tons of pollock for processing by motherships in the offshore component of the directed pollock
fishery in any one of the years 1996 or 1997, or between
January 1, 1998 and
September 1, 1998;
“(B)
eligible to harvest pollock in the directed pollock
fishery under the license limitation program recommended by the North Pacific
Council and approved by the
Secretary; and
“(C)
not listed in subsection (b).
“(d) Motherships.—Effective January 1, 2000, only the following motherships shall be eligible to process the directed fishing allowance under section 206(b)(3) pursuant to a federal fishing permit:
“(e) Catcher/Processors.—Effective January 1, 1999, only the following catcher/processors shall be eligible to harvest the directed fishing allowance under section 206(b)(2) pursuant to a federal fishing permit:
“(10)
AMERICAN ENTERPRISE (
United States official number 594803);
“(21)
any catcher/processor not listed in this subsection and determined by the
Secretary to have harvested more than 2,000 metric tons of the pollock in the 1997 directed pollock
fishery and determined to be eligible to harvest pollock in the directed pollock
fishery under the license limitation program recommended by the North Pacific
Council and approved by the
Secretary, except that catcher/processors eligible under this paragraph shall be prohibited from harvesting in the aggregate a total of more than one-half (0.5) of a percent of the pollock apportioned for the directed pollock
fishery under section 206(b)(2).
“(f) Shoreside Processors.—
(1) Effective January 1, 2000 and except as provided in paragraph (2), the catcher vessels eligible under subsection (a) may deliver pollock harvested from the directed fishing allowance under section 206(b)(1) only to—
“(A)
shoreside processors (including vessels in a single geographic location in Alaska
State waters) determined by the
Secretary to have processed more than 2,000 metric tons round-weight of pollock in the inshore component of the directed pollock
fishery during each of 1996 and 1997; and
“(B)
shoreside processors determined by the
Secretary to have processed pollock in the inshore component of the directed pollock
fishery in 1996 or 1997, but to have processed less than 2,000 metric tons round-weight of such pollock in each year, except that effective
January 1, 2000, each such shoreside processor may not process more than 2,000 metric tons round-weight from such directed
fishing allowance in any year.
“(2)
Upon recommendation by the North Pacific
Council, the
Secretary may approve measures to allow catcher vessels eligible under subsection (a) to deliver pollock harvested from the directed
fishing allowance under section 206(b)(1) to shoreside processors not eligible under paragraph (1) if the total allowable catch for pollock in the Bering Sea and Aleutian Islands Management Area increases by more than 10 percent above the total allowable catch in such
fishery in 1997, or in the event of the actual total loss or constructive total loss of a shoreside processor eligible under paragraph (1)(A).
“(g) Vessel Rebuilding and Replacement.—
“(1) In general.—
“(A) Rebuild or replace.—
Notwithstanding any limitation to the contrary on replacing, rebuilding, or lengthening vessels or transferring permits or licenses to a replacement vessel contained in sections 679.2 and
679.4 of title 50, Code of Federal Regulations, as in effect on the date of enactment of the
Coast Guard Authorization Act of 2010 [
Oct. 15, 2010] and except as provided in paragraph (4), the owner of a vessel eligible under subsection (a), (b), (c), (d), or (e), in order to improve vessel safety and operational efficiencies (including fuel efficiency), may rebuild or replace that vessel (including fuel efficiency) with a vessel documented with a
fishery endorsement under
section 12113 of title 46,
United States Code.
“(B) Same requirements.—
The rebuilt or replacement vessel shall be eligible in the same manner and subject to the same restrictions and limitations under such subsection as the vessel being rebuilt or replaced.
“(C) Transfer of permits and licenses.—
Each
fishing permit and license held by the owner of a vessel or vessels to be rebuilt or replaced under subparagraph (A) shall be transferred to the rebuilt or replacement vessel or its owner, as necessary to permit such rebuilt or replacement vessel to operate in the same manner as the vessel prior to the rebuilding or the vessel it replaced, respectively.
“(2) Recommendations of north pacific fishery management council.—
The North Pacific
Fishery Management
Council may recommend for approval by the
Secretary such
conservation and management measures, including size limits and measures to control
fishing capacity, in accordance with the Magnuson-Stevens Act [
16 U.S.C. 1801 et seq.] as it considers necessary to ensure that this subsection does not diminish the effectiveness of
fishery management plans of the Bering Sea and Aleutian Islands Management Area or the Gulf of Alaska.
“(3) Special rule for replacement of certain vessels.—
“(A) In general.—
Notwithstanding the requirements of subsections (b)(2), (c)(1), and (c)(2) of
section 12113 of title 46,
United States Code, a vessel that is eligible under subsection (a), (b), (c), or (e) and that qualifies to be documented with a
fishery endorsement pursuant to section 213(g) may be replaced with a replacement vessel under paragraph (1) if the vessel that is replaced is validly documented with a
fishery endorsement pursuant to section 213(g) before the replacement vessel is documented with a
fishery endorsement under
section 12113 of title 46,
United States Code.
“(B) Applicability.—
A replacement vessel under subparagraph (A) and its owner and mortgagee are subject to the same limitations under
section 213(g) that are applicable to the vessel that has been replaced and its owner and mortgagee.
“(4) Special rules for certain catcher vessels.—
“(A) In general.—
A replacement for a covered vessel described in subparagraph (B) is prohibited from harvesting
fish in any
fishery (except for the Pacific whiting
fishery) managed under the authority of any Regional
Fishery Management
Council (other than the North Pacific
Fishery Management
Council) established under section 302(a) of the Magnuson-Stevens Act [
16 U.S.C. 1852(a)].
“(B) Covered vessels.—A covered vessel referred to in subparagraph (A) is—
“(i)
a vessel eligible under subsection (a), (b), or (c) that is replaced under paragraph (1); or
“(ii)
a vessel eligible under subsection (a), (b), or (c) that is rebuilt to increase its registered length, gross tonnage, or shaft horsepower.
“(5) Limitation on fishery endorsements.—
Any vessel that is replaced under this subsection shall thereafter not be eligible for a
fishery endorsement under
section 12113 of title 46,
United States Code, unless that vessel is also a replacement vessel described in paragraph (1).
“(6) Gulf of alaska limitation.—
Notwithstanding paragraph (1), the
Secretary shall prohibit from participation in the groundfish fisheries of the Gulf of Alaska any vessel that is rebuilt or replaced under this subsection and that exceeds the maximum length overall specified on the license that authorizes
fishing for groundfish pursuant to the license limitation program under
part 679 of title 50, Code of Federal Regulations, as in effect on the date of enactment of the
Coast Guard Authorization Act of 2010 [
Oct. 15, 2010].
“(7) Authority of pacific council.—
Nothing in this section shall be construed to diminish or otherwise affect the authority of the Pacific
Council to recommend to the
Secretary conservation and management measures to protect fisheries under its jurisdiction (including the Pacific whiting
fishery) and participants in such fisheries from adverse impacts caused by this Act.
“(h) Eligibility During Implementation.—
In the event the
Secretary is unable to make a final determination about the eligibility of a vessel under subsection (b)(8) or subsection (e)(21) before
January 1, 1999, or a vessel or shoreside processor under subsection (a), subsection (c)(21), or subsection (f) before
January 1, 2000, such vessel or shoreside processor, upon the filing of an application for eligibility, shall be eligible to participate in the directed pollock
fishery pending final determination by the
Secretary with respect to such vessel or shoreside processor.
“(i) Eligibility Not a Right.—Eligibility under this section shall not be construed—
“(1)
to confer any right of compensation, monetary or otherwise, to the owner of any catcher vessel, catcher/processor, mothership, or shoreside processor if such eligibility is revoked or limited in any way, including through the revocation or limitation of a
fishery endorsement or any federal permit or license;
“(2)
to create any right, title, or interest in or to any
fish in any
fishery; or
“(3)
to waive any provision of law otherwise applicable to such catcher vessel, catcher/processor, mothership, or shoreside processor.
“SEC. 209. LIST OF INELIGIBLE VESSELS.“Effective December 31, 1998, the following vessels shall be permanently ineligible for fishery endorsements, and any claims (including relating to catch history) associated with such vessels that could qualify any owners of such vessels for any present or future limited access system permit in any fishery within the exclusive economic zone of the United States (including a vessel moratorium permit or license limitation program permit in fisheries under the authority of the North Pacific Council) are hereby extinguished:
“SEC. 210. FISHERY COOPERATIVE LIMITATIONS.
“(a) Public Notice.—
(1) Any contract implementing a fishery cooperative under section 1 of the Act of June 25, 1934 (15 U.S.C. 521) in the directed pollock fishery and any material modifications to any such contract shall be filed not less than 30 days prior to the start of fishing under the contract with the North Pacific Council and with the Secretary, together with a copy of a letter from a party to the contract requesting a business review letter on the fishery cooperative from the Department of Justice and any response to such request. Notwithstanding section 402 of the Magnuson-Stevens Act (16 U.S.C. 1881a) or any other provision of law, but taking into account the interest of parties to any such contract in protecting the confidentiality of proprietary information, the North Pacific Council and Secretary shall—
“(A)
make available to the public such information about the contract, contract modifications, or
fishery cooperative the North Pacific
Council and
Secretary deem appropriate, which at a minimum shall include a list of the parties to the contract, a list of the vessels involved, and the amount of pollock and other
fish to be harvested by each party to such contract; and
“(B)
make available to the public in such manner as the North Pacific
Council and
Secretary deem appropriate information about the harvest by vessels under a
fishery cooperative of all species (including
bycatch) in the directed pollock
fishery on a vessel-by-vessel basis.
“(b) Catcher Vessels Onshore.—
“(1) Catcher vessel cooperatives.—Effective January 1, 2000, upon the filing of a contract implementing a fishery cooperative under subsection (a) which—
“(A)
is signed by the owners of 80 percent or more of the qualified catcher vessels that delivered pollock for processing by a shoreside processor in the directed pollock
fishery in the year prior to the year in which the
fishery cooperative will be in effect; and
“(B)
specifies, except as provided in paragraph (6), that such catcher vessels will deliver pollock in the directed pollock
fishery only to such shoreside processor during the year in which the
fishery cooperative will be in effect and that such shoreside processor has agreed to process such pollock,
the Secretary shall allow only such catcher vessels (and catcher vessels whose owners voluntarily participate pursuant to paragraph (2)) to harvest the aggregate percentage of the directed fishing allowance under section 206(b)(1) in the year in which the fishery cooperative will be in effect that is equivalent to the aggregate total amount of pollock harvested by such catcher vessels (and by such catcher vessels whose owners voluntarily participate pursuant to paragraph (2)) in the directed pollock fishery for processing by the inshore component during 1995, 1996, and 1997 relative to the aggregate total amount of pollock harvested in the directed pollock fishery for processing by the inshore component during such years and shall prevent such catcher vessels (and catcher vessels whose owners voluntarily participate pursuant to paragraph (2)) from harvesting in aggregate in excess of such percentage of such directed fishing allowance.
“(2) Voluntary participation.—
Any contract implementing a
fishery cooperative under paragraph (1) must allow the owners of other qualified catcher vessels to enter into such contract after it is filed and before the calender year in which
fishing will begin under the same terms and conditions as the owners of the qualified catcher vessels who entered into such contract upon filing.
“(3) Qualified catcher vessel.—
For the purposes of this subsection, a catcher vessel shall be considered a ‘qualified catcher vessel’ if, during the year prior to the year in which the
fishery cooperative will be in effect, it delivered more pollock to the shoreside processor to which it will deliver pollock under the
fishery cooperative in paragraph (1) than to any other shoreside processor.
“(4) Consideration of certain vessels.—
Any contract implementing a
fishery cooperative under paragraph (1) which has been entered into by the owner of a qualified catcher vessel eligible under section 208(a) that harvested pollock for processing by catcher/processors or motherships in the directed pollock
fishery during 1995, 1996, and 1997 shall, to the extent practicable, provide fair and equitable terms and conditions for the owner of such qualified catcher vessel.
“(5) Open access.—
A catcher vessel eligible under section 208(a) the catch history of which has not been attributed to a
fishery cooperative under paragraph (1) may be used to deliver pollock harvested by such vessel from the directed
fishing allowance under section 206(b)(1) (other than pollock reserved under paragraph (1) for a
fishery cooperative) to any of the shoreside processors eligible under section 208(f). A catcher vessel eligible under section 208(a) the catch history of which has been attributed to a
fishery cooperative under paragraph (1) during any calendar year may not harvest any pollock apportioned under section 206(b)(1) in such calendar year other than the pollock reserved under paragraph (1) for such
fishery cooperative.
“(6) Transfer of cooperative harvest.—
A contract implementing a
fishery cooperative under paragraph (1) may, notwithstanding the other provisions of this subsection, provide for up to 10 percent of the pollock harvested under such cooperative to be processed by a shoreside processor eligible under section 208(f) other than the shoreside processor to which pollock will be delivered under paragraph (1).
“(7) Fishery cooperative exit provisions.—
“(A) Fishing allowance determination.—For purposes of determining the aggregate percentage of directed fishing allowances under paragraph (1), when a catcher vessel is removed from the directed pollock fishery, the fishery allowance for pollock for the vessel being removed—
“(ii)
shall be assigned, for all purposes under this title, in the manner specified by the owner of the vessel being removed to any other catcher vessel or among other catcher vessels participating in the
fishery cooperative if such vessel or vessels remain in the
fishery cooperative for at least one year after the date on which the vessel being removed leaves the directed pollock
fishery.
“(B) Eligibility for fishery endorsement.—
Except as provided in subparagraph (C), a vessel that is removed pursuant to this paragraph shall be permanently ineligible for a
fishery endorsement, and any claim (including relating to catch history) associated with such vessel that could qualify any owner of such vessel for any permit to participate in any
fishery within the
exclusive economic zone of the
United States shall be extinguished, unless such removed vessel is thereafter designated to replace a vessel to be removed pursuant to this paragraph.
“(C) Limitations on statutory construction.—Nothing in this paragraph shall be construed—
“(ii)
to allow the vessels referred to in clause (i) to participate in any
fishery under the authority of the
Councils referred to in clause (i) in any manner that is not consistent with the
fishery management plan for the
fishery developed by the
Councils under section 303 of the Magnuson-Stevens Act [
16 U.S.C. 1853].
“(c) Catcher Vessels to Catcher/Processors.—
Effective
January 1, 1999, not less than 8.5 percent of the directed
fishing allowance under section 206(b)(2) shall be available for harvest only by the catcher vessels eligible under section 208(b). The owners of such catcher vessels may participate in a
fishery cooperative with the owners of the catcher/processors eligible under paragraphs (1) through (20) of the section 208(e). The owners of such catcher vessels may participate in a
fishery cooperative that will be in effect during 1999 only if the contract implementing such cooperative establishes penalties to prevent such vessels from exceeding in 1999 the traditional levels harvested by such vessels in all other fisheries in the
exclusive economic zone of the
United States.
“(d) Catcher Vessels to Motherships.—
“(1) Processing.—
Effective
January 1, 2000, the authority in section 1 of the Act of June 25, 1934 (
48 Stat. 1213 and 1214;
15 U.S.C. 521 et seq.) shall extend to processing by motherships eligible under section 208(d) solely for the purposes of forming or participating in a
fishery cooperative in the directed pollock
fishery upon the filing of a contract to implement a
fishery cooperative under subsection (a) which has been entered into by the owners of 80 percent or more of the catcher vessels eligible under section 208(c) for the duration of such contract, provided that such owners agree to the terms of the
fishery cooperative involving processing by the motherships.
“(2) Voluntary participation.—
Any contract implementing a
fishery cooperative described in paragraph (1) must allow the owners of any other catcher vessels eligible under section 208(c) to enter such contract after it is filed and before the calendar year in which
fishing will begin under the same terms and conditions as the owners of the catcher vessels who entered into such contract upon filing.
“(e) Excessive Shares.—
“(1) Harvesting.—
No particular individual, corporation, or other entity may harvest, through a
fishery cooperative or otherwise, a total of more than 17.5 percent of the pollock available to be harvested in the directed pollock
fishery.
“(2) Processing.—
Under the authority of section 301(a)(4) of the Magnuson-Stevens Act (
16 U.S.C. 1851(a)(4)), the North Pacific
Council is directed to recommend for approval by the Secretary
conservation and management measures to prevent any particular individual or entity from processing an excessive share of the pollock available to be harvested in the directed pollock
fishery. In the event the North Pacific
Council recommends and the
Secretary approves an excessive processing share that is lower than 17.5 percent, any individual or entity that previously processed a percentage greater than such share shall be allowed to continue to process such percentage, except that their percentage may not exceed 17.5 percent (excluding pollock processed by catcher/processors that was harvested in the directed pollock
fishery by catcher vessels eligible under 208(b)) and shall be reduced if their percentage decreases, until their percentage is below such share. In recommending the excessive processing share, the North Pacific
Council shall consider the need of catcher vessels in the directed pollock
fishery to have competitive buyers for the pollock harvested by such vessels.
“(3) Review by maritime administration.—
At the request of the North Pacific
Council or the
Secretary, any individual or entity believed by such
Council or the
Secretary to have exceeded the percentage in either paragraph (1) or (2) shall submit such information to the Administrator of the
Maritime Administration as the Administrator deems appropriate to allow the Administrator to determine whether such individual or entity has exceeded either such percentage. The Administrator shall make a finding as soon as practicable upon such request and shall submit such finding to the North Pacific
Council and the
Secretary. For the purposes of this subsection, any entity in which 10 percent or more of the interest is owned or controlled by another individual or entity shall be considered to be the same entity as the other individual or entity.
“(f) Landing Tax Jurisdiction.—
Any contract filed under subsection (a) shall include a contract clause under which the parties to the contract agree to make payments to the
State of Alaska for any pollock harvested in the directed pollock
fishery which is not landed in the
State of Alaska, in amounts which would otherwise accrue had the pollock been landed in the
State of Alaska subject to any landing taxes established under Alaska law. Failure to include such a contract clause or for such amounts to be paid shall result in a revocation of the authority to form
fishery cooperatives under section 1 of the Act of June 25, 1934 (
15 U.S.C. 521 et seq.).
“(g) Penalties.—
The violation of any of the requirements of this subtitle or any regulation or permit issued pursuant to this subtitle shall be considered the commission of an act prohibited by section 307 of the Magnuson-Stevens Act (
16 U.S.C. 1857), and sections 308, 309, 310, and 311 of such Act (
16 U.S.C. 1858, 1859, 1860, and 1861) shall apply to any such violation in the same manner as to the commission of an act prohibited by section 307 of such Act (
16 U.S.C. 1857). In addition to the civil penalties and permit sanctions applicable to prohibited acts under section 308 of such Act (
16 U.S.C. 1858), any
person who is found by the
Secretary, after notice and an opportunity for a hearing in accordance with
section 554 of title 5,
United States Code, to have violated a requirement of this section shall be subject to the forfeiture to the
Secretary of Commerce of any
fish harvested or processed during the commission of such act.
“SEC. 211. PROTECTIONS FOR OTHER FISHERIES; CONSERVATION MEASURES.
“(a) General.—
The North Pacific
Council shall recommend for approval by the
Secretary such
conservation and management measures as it determines necessary to protect other fisheries under its jurisdiction and the participants in those fisheries, including processors, from adverse impacts caused by this Act [probably should be “this title”, see Tables for classification] or
fishery cooperatives in the directed pollock
fishery.
“(b) Catcher/Processor Restrictions.—
“(1) General.—
The restrictions in this subsection shall take effect on
January 1, 1999 and shall remain in effect thereafter except that they may be superceded (with the exception of paragraph (4)) by
conservation and management measures recommended after the date of the enactment of this Act [
Oct. 21, 1998] by the North Pacific
Council and approved by the
Secretary in accordance with the Magnuson-Stevens Act.
“(2) Bering sea fishing.—The catcher/processors eligible under paragraphs (1) through (20) of section 208(e) are hereby prohibited from, in the aggregate—
“(A)
exceeding the percentage of the harvest available in the offshore component of any Bering Sea and Aleutian Islands groundfish
fishery (other than the pollock
fishery) that is equivalent to the total harvest by such catcher/processors and the catcher/processors listed in section 209 in the
fishery in 1995, 1996, and 1997 relative to the total amount available to be harvested by the offshore component in the
fishery in 1995, 1996, and 1997;
“(B)
exceeding the percentage of the prohibited species available in the offshore component of any Bering Sea and Aleutian Islands groundfish
fishery (other than the pollock
fishery) that is equivalent to the total of the prohibited species harvested by such catcher/processors and the catcher/processors listed in section 209 in the
fishery in 1995, 1996, and 1997 relative to the total amount of prohibited species available to be harvested by the offshore component in the
fishery in 1995, 1996, and 1997; and
“(C) fishing for Atka mackerel in the eastern area of the Bering Sea and Aleutian Islands and from exceeding the following percentages of the directed harvest available in the Bering Sea and Aleutian Islands Atka mackerel fishery—
“(i)
11.5 percent in the central area; and
“(ii)
20 percent in the western area.
“(3) Bering sea processing.—The catcher/processors eligible under paragraphs (1) through (20) of section 208(e) are hereby prohibited from—
“(A)
processing any of the directed
fishing allowances under paragraphs (1) or (3) of section 206(b); and
“(B)
processing any species of crab harvested in the Bering Sea and Aleutian Islands Management Area.
“(4) Gulf of alaska.—The catcher/processors eligible under paragraphs (1) through (20) of section 208(e) are hereby prohibited from—
“(A)
harvesting any
fish in the Gulf of Alaska;
“(B)
processing any groundfish harvested from the portion of the
exclusive economic zone off Alaska known as area 630 under the
fishery management plan for Gulf of Alaska groundfish; or
“(C)
processing any pollock in the Gulf of Alaska (other than as
bycatch in non-pollock groundfish fisheries) or processing, in the aggregate, a total of more than 10 percent of the cod harvested from areas 610, 620, and 640 of the Gulf of Alaska under the
fishery management plan for Gulf of Alaska groundfish.
“(5) Fisheries other than north pacific.—
The catcher/processors eligible under paragraphs (1) through (20) of section 208(e) and motherships eligible under section 208(d) are hereby prohibited from harvesting
fish in any
fishery under the authority of any regional
fishery management
council established under section 302(a) of the Magnuson-Stevens Act (
16 U.S.C. 1852(a)) other than the North Pacific
Council, except for the Pacific whiting
fishery, and from processing
fish in any
fishery under the authority of any such regional
fishery management
council other than the North Pacific
Council, except in the Pacific whiting
fishery, unless the catcher/processor or mothership is authorized to harvest or process
fish under a
fishery management plan recommended by the regional
fishery management
council of jurisdiction and approved by the
Secretary.
“(6) Observers and scales.—The catcher/processors eligible under paragraphs (1) through (20) of section 208(e) shall—
“(A)
have two
observers onboard at all times while groundfish is being harvested, processed, or received from another vessel in any
fishery under the authority of the North Pacific
Council; and
“(B)
weigh its catch on a scale onboard approved by the National Marine Fisheries Service while harvesting groundfish in fisheries under the authority of the North Pacific
Council.
This paragraph shall take effect on January 1, 1999 for catcher/processors eligible under paragraphs (1) through (20) of section 208(e) that will harvest pollock allocated under section 206(a) in 1999, and shall take effect on January 1, 2000 for all other catcher/processors eligible under such paragraphs of section 208(e).
“(c) Catcher Vessel and Shoreside Processor Restrictions.—
“(1) Required council recommendations.—By not later than July 1, 1999, the North Pacific Council shall recommend for approval by the Secretary conservation and management measures to—
“(A)
prevent the catcher vessels eligible under subsections (a), (b), and (c) of section 208 from exceeding in the aggregate the traditional harvest levels of such vessels in other fisheries under the authority of the North Pacific
Council as a result of
fishery cooperatives in the directed pollock
fishery; and
“(B)
protect processors not eligible to participate in the directed pollock
fishery from adverse effects as a result of this Act or
fishery cooperatives in the directed pollock
fishery.
If the North Pacific
Council does not recommend such
conservation and management measures by such date, or if the
Secretary determines that such
conservation and management measures recommended by the North Pacific
Council are not adequate to fulfill the purposes of this paragraph, the
Secretary may by regulation restrict or change the authority in section 210(b) to the extent the
Secretary deems appropriate, including by preventing
fishery cooperatives from being formed pursuant to such section and by providing greater flexibility with respect to the shoreside processor or shoreside processors to which catcher vessels in a
fishery cooperative under section 210(b) may deliver pollock.
“(2) Bering sea crab and groundfish.—
“(A)
Effective
January 1, 2000, the owners of the motherships eligible under section 208(d) and the shoreside processors eligible under section 208(f) that receive pollock from the directed pollock
fishery under a
fishery cooperative are hereby prohibited from processing, in the aggregate for each calendar year, more than the percentage of the total catch of each species of crab in directed fisheries under the jurisdiction of the North Pacific
Council than facilities operated by such owners processed of each such species in the aggregate, on average, in 1995, 1996, 1997. For the purposes of this subparagraph, the term ‘facilities’ means any processing plant, catcher/processor, mothership, floating processor, or any other operation that processes
fish. Any entity in which 10 percent or more of the interest is owned or controlled by another individual or entity shall be considered to be the same entity as the other individual or entity for the purposes of this subparagraph.
“(B)
Under the authority of section 301(a)(4) of the Magnuson-Stevens Act (
16 U.S.C. 1851(a)(4)), the North Pacific
Council is directed to recommend for approval by the Secretary
conservation and management measures to prevent any particular individual or entity from harvesting or processing an excessive share of crab or of groundfish in fisheries in the Bering Sea and Aleutian Islands Management Area.
“(C)
The catcher vessels eligible under section 208(b) are hereby prohibited from participating in a directed
fishery for any species of crab in the Bering Sea and Aleutian Islands Management Area unless the catcher vessel harvested crab in the directed
fishery for that species of crab in such Area during 1997 and is eligible to harvest such crab in such directed
fishery under the license limitation program recommended by the North Pacific
Council and approved by the
Secretary. The North Pacific
Council is directed to recommend measures for approval by the
Secretary to eliminate latent licenses under such program, and nothing in this subparagraph shall preclude the
Council from recommending measures more restrictive than under this paragraph.
“(3) Fisheries other than north pacific.—
“(A)
By not later than
July 1, 2000, the Pacific
Fishery Management
Council established under section 302(a)(1)(F) of the Magnuson-Stevens Act (
16 U.S.C. 1852(a)(1)(F)) shall recommend for approval by the Secretary
conservation and management measures to protect fisheries under its jurisdiction and the participants in those fisheries from adverse impacts caused by this Act [probably should be “this title”, see Tables for classification] or by any
fishery cooperatives in the directed pollock
fishery.
“(B)
If the Pacific
Council does not recommend such
conservation and management measures by such date, or if the
Secretary determines that such
conservation and management measures recommended by the Pacific
Council are not adequate to fulfill the purposes of this paragraph, the
Secretary may by regulation implement adequate measures including, but not limited to, restrictions on vessels which harvest pollock under a
fishery cooperative which will prevent such vessels from harvesting Pacific groundfish, and restrictions on the number of processors eligible to process Pacific groundfish.
“(d) Bycatch Information.—
Notwithstanding section 402 of the Magnuson-Stevens Act (
16 U.S.C. 1881a), the North Pacific
Council may recommend and the
Secretary may approve, under such terms and conditions as the North Pacific
Council and
Secretary deem appropriate, the public disclosure of any information from the groundfish fisheries under the authority of such
Council that would be beneficial in the implementation of section 301(a)(9) or section 303(a)(11) of the Magnuson-Stevens Act (
16 U.S.C. 1851(a)(9) and 1853(a)(11)).
“(e) Community Development Loan Program.—
Under the authority of title XI of the
Merchant Marine Act, 1936 ([former]
46 U.S.C. App. 1271 et seq.) [see chapter 537 of Title 46, Shipping], and subject to the availability of appropriations, the
Secretary is authorized to provide direct loan obligations to communities eligible to participate in the western Alaska community development quota program established under 304(i) [305(i)] of the Magnuson-Stevens Act (
16 U.S.C. 1855(i)) for the purposes of purchasing all or part of an ownership interest in vessels and shoreside processors eligible under subsections (a), (b), (c), (d), (e), or (f) of section 208. Notwithstanding the eligibility criteria in section 208(a) and section 208(c), the LISA MARIE
(United States official number 1038717) shall be eligible under such sections in the same manner as other vessels eligible under such sections.
“SEC. 212. RESTRICTION ON FEDERAL LOANS.
“SEC. 213. DURATION.
“(a) General.—
Except as otherwise provided in this title [see Tables for classification], the provisions of this title shall take effect upon the date of the enactment of this Act [Oct. 21, 1998]. There are authorized to be appropriated $6,700,000 per year to carry out the provisions of this Act [probably should be “this title”, see Tables for classification] through fiscal year 2004.
“(b) Existing Authority.—
Except for the measures required by this subtitle [this note], nothing in this subtitle shall be construed to limit the authority of the North Pacific
Council or the
Secretary under the Magnuson-Stevens Act.
“(c) Changes to Fishery Cooperative Limitations and Pollock CDQ Allocation.—The North Pacific Council may recommend and the Secretary may approve conservation and management measures in accordance with the Magnuson-Stevens Act—
“(1)
that supersede the provisions of this subtitle, except for sections 206 and 208, for conservation purposes or to mitigate adverse effects in fisheries or on owners of fewer than three vessels in the directed pollock
fishery caused by this title or
fishery cooperatives in the directed pollock
fishery, provided such measures take into account all factors affecting the fisheries and are imposed fairly and equitably to the extent practicable among and within the sectors in the directed pollock
fishery;
“(2)
that supersede the allocation in section 206(a) for any of the years 2002, 2003, and 2004, upon the finding by such
Council that the western Alaska community development quota program for pollock has been adversely affected by the amendments in this subtitle; or
“(3)
that supersede the criteria required in paragraph (1) of section 210(b) to be used by the
Secretary to set the percentage allowed to be harvested by catcher vessels pursuant to a
fishery cooperative under such paragraph.
“(d) Report to Congress.—
Not later than
October 1, 2000, the North Pacific
Council shall submit a report to the
Secretary and to
Congress on the implementation and effects of this Act [title], including the effects on fishery
conservation and management, on
bycatch levels, on
fishing communities, on business and employment practices of participants in any
fishery cooperatives, on the western Alaska community development quota program, on any fisheries outside of the authority of the North Pacific
Council, and such other matters as the North Pacific
Council deems appropriate.
“(e) Report on Fillet Production.—
Not later than
June 1, 2000, the General Accounting Office [now
Government Accountability Office] shall submit a report to the North Pacific
Council, the
Secretary, and the
Congress on whether this Act has negatively affected the market for fillets and fillet blocks, including through the reduction in the supply of such fillets and fillet blocks. If the report determines that such market has been negatively affected, the North Pacific
Council shall recommend measures for the
Secretary’s approval to mitigate any negative effects.
“(f) Severability.—
If any provision of this title, an amendment made by this title, or the application of such provision or amendment to any
person or circumstance is held to be unconstitutional, the remainder of this title, the amendments made by this title, and the application of the provisions of such to any
person or circumstance shall not be affected thereby.
“(g) International Agreements.—
In the event that any provision of section 12102(c) [now 12113(b)(2) to (d)] or
section 31322(a) of title 46,
United States Code, as amended by this Act, is determined to be inconsistent with an existing international agreement relating to foreign investment to which the
United States is a party with respect to the owner or mortgagee on [sic] of a vessel with a
fishery endorsement, such provision shall not apply to that owner or mortgagee with respect to their ownership or mortgage interest in such vessel on that date to the extent of any such inconsistency. The provisions of section 12102(c) [now 12113(b)(2) to (d)] and
section 31322(a) of title 46,
United States Code, as amended by this Act, shall apply to all subsequent owners and mortgagees of such vessel, and shall apply, notwithstanding the preceding sentence, to the owner on [sic] of such vessel if any ownership interest in that owner is transferred to or otherwise acquired by a foreign individual or entity after or if the percentage of foreign ownership in the vessel is increased after the effective date of this subsection [
July 24, 2001].”
[Pub. L. 107–20, title II, § 2202(e)(2), July 24, 2001, 115 Stat. 170, provided that:
“Section 213(g) of the
American Fisheries Act (
Public Law 105–277, division C, title II) [set out above] shall take effect on the date of enactment of this Act [
July 24, 2001].”
]
Restriction on Funding Certain New Fishery Management Plans, Amendments or Regulations
Pub. L. 104–208, div. A, title I, § 101(a) [title II, §§ 208, 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–40, 3009–41, provided that:
“None of the funds appropriated under this Act or any other Act henceforth may be used to develop new
fishery management plans, amendments, or regulations which create new
individual fishing quota programs (whether such quotas are transferable or not) or to implement any such plans, amendments or regulations approved by a Regional
Fishery Management
Council or the
Secretary after
January 4, 1995, until offsetting fees to pay for the cost of administering such plans, amendments, or regulations are expressly authorized under the
Magnuson-Stevens Fishery Conservation and Management Act (
16 U.S.C. 1801 et seq.). This restriction shall also apply to any program relating to the Gulf of Mexico commercial red snapper
fishery that authorizes the consolidation of licenses, permits or endorsements that result in different trip limits for vessels in the same class. This restriction shall not apply in any way to the North Pacific halibut and sablefish, South Atlantic wreckfish, or the Mid-Atlantic surfclam and ocean (including mahogany) quohog
individual fishing quota programs. The term
‘individual fishing quota’ does not include a community development quota.”
Similar provisions were contained in the following prior appropriation act:
Pub. L. 104–134, title I, § 101[(a)] [title II, § 210], Apr. 26, 1996, 110 Stat. 1321, 1321–31; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327; repealed by Pub. L. 104–297, title I, § 108(f)(6), Oct. 11, 1996, 110 Stat. 3579.
Albemarle Sound-Roanoke River Basin: Striped Bass Study
Pub. L. 100–589, § 5, Nov. 3, 1988, 102 Stat. 2984, related to requirement of biological study of striped bass fishery resources and habitats of Albemarle Sound-Roanoke River basin area and development of short-term and long-term recommendations for restoring and conserving these resources and habitats, prior to repeal by Pub. L. 105–146, § 3(b), Dec. 16, 1997, 111 Stat. 2677.
Exclusive Economic Zone: Atlantic Striped Bass Protection
Pub. L. 100–589, § 6(a)–(f), Nov. 3, 1988, 102 Stat. 2986, as amended by Pub. L. 102–130, § 4, Oct. 17, 1991, 105 Stat. 627; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, directed Secretary of Commerce to regulate fishing for Atlantic striped bass in exclusive economic zone determined to be consistent with national standards set forth in this section, prior to repeal by Pub. L. 105–146, § 3(c), Dec. 16, 1997, 111 Stat. 2677.
Atlantic Striped Bass Conservation
Pub. L. 98–613, §§ 1–9, Oct. 31, 1984, 98 Stat. 3187–3190, as amended, formerly set out as a note under this section, was transferred to chapter 71A (§ 5151 et seq.) of this title.