Page 1929 TITLE 16—CONSERVATION § 1851 combine the reports required under section 224 of the SUBCHAPTER IV—NATIONAL FISHERY Coast Guard and Maritime Transportation Act of 2004 MANAGEMENT PROGRAM (16 U.S.C. 1861b) and section 804 of the Coast Guard and Maritime Transportation Act of 2006 (16 U.S.C. 1828) § 1851. National standards for fishery conserva- into a single annual report for fiscal years beginning tion and management after fiscal year 2010. No report shall be required under this subsection, including that no report shall be re- (a) In general quired under section 224 of the Coast Guard and Mari- Any fishery management plan prepared, and time Transportation Act of 2004 or section 804 of the any regulation promulgated to implement any Coast Guard and Maritime Transportation Act of 2006, such plan, pursuant to this subchapter shall be for fiscal years beginning after fiscal year 2014.’’ consistent with the following national standards for fishery conservation and management: § 1829. International monitoring and compliance (1) Conservation and management measures shall prevent overfishing while achieving, on a (a) In general continuing basis, the optimum yield from each The Secretary may undertake activities to fishery for the United States fishing industry. promote improved monitoring and compliance (2) Conservation and management measures for high seas fisheries, or fisheries governed by shall be based upon the best scientific infor- international fishery management agreements, mation available. and to implement the requirements of this sub- (3) To the extent practicable, an individual chapter. stock of fish shall be managed as a unit throughout its range, and interrelated stocks (b) Specific authorities of fish shall be managed as a unit or in close In carrying out subsection (a), the Secretary coordination. may— (4) Conservation and management measures (1) share information on harvesting and shall not discriminate between residents of processing capacity and illegal, unreported different States. If it becomes necessary to al- and unregulated fishing on the high seas, in locate or assign fishing privileges among var- areas covered by international fishery man- ious United States fishermen, such allocation agement agreements, and by vessels of other shall be (A) fair and equitable to all such fish- nations within the United States exclusive ermen; (B) reasonably calculated to promote economic zone, with relevant law enforcement conservation; and (C) carried out in such man- organizations of foreign nations and relevant ner that no particular individual, corporation, international organizations; or other entity acquires an excessive share of (2) further develop real time information such privileges. sharing capabilities, particularly on harvest- (5) Conservation and management measures ing and processing capacity and illegal, unre- shall, where practicable, consider efficiency in ported and unregulated fishing; the utilization of fishery resources; except (3) participate in global and regional efforts that no such measure shall have economic al- to build an international network for monitor- location as its sole purpose. ing, control, and surveillance of high seas fish- (6) Conservation and management measures ing and fishing under regional or global agree- shall take into account and allow for vari- ments; ations among, and contingencies in, fisheries, (4) support efforts to create an international fishery resources, and catches. registry or database of fishing vessels, includ- (7) Conservation and management measures ing by building on or enhancing registries de- shall, where practicable, minimize costs and veloped by international fishery management avoid unnecessary duplication. organizations; (8) Conservation and management measures (5) enhance enforcement capabilities shall, consistent with the conservation re- through the application of commercial or gov- quirements of this chapter (including the pre- ernmental remote sensing technology to lo- vention of overfishing and rebuilding of over- cate or identify vessels engaged in illegal, un- fished stocks), take into account the impor- reported, or unregulated fishing on the high tance of fishery resources to fishing commu- seas, including encroachments into the exclu- nities by utilizing economic and social data sive economic zone by fishing vessels of other that meet the requirements of paragraph (2), nations; in order to (A) provide for the sustained par- (6) provide technical or other assistance to ticipation of such communities, and (B) to the developing countries to improve their mon- extent practicable, minimize adverse eco- itoring, control, and surveillance capabilities; nomic impacts on such communities. and (9) Conservation and management measures (7) support coordinated international efforts shall, to the extent practicable, (A) minimize to ensure that all large-scale fishing vessels bycatch and (B) to the extent bycatch cannot operating on the high seas are required by be avoided, minimize the mortality of such by- their flag State to be fitted with vessel mon- catch. itoring systems no later than December 31, (10) Conservation and management measures 2008, or earlier if so decided by the relevant shall, to the extent practicable, promote the flag State or any relevant international fish- safety of human life at sea. ery management organization. (b) Guidelines (Pub. L. 94–265, title II, § 207, as added Pub. L. The Secretary shall establish advisory guide- 109–479, title IV, § 401, Jan. 12, 2007, 120 Stat. lines (which shall not have the force and effect 3625.) of law), based on the national standards, to as- § 1851 TITLE 16—CONSERVATION Page 1930 sist in the development of fishery management subsector, the violation of which is subject to the pen- plans. alties, sanctions, and forfeitures under section 308 of the Magnuson-Stevens Act (16 U.S.C. 1858), except that (Pub. L. 94–265, title III, § 301, Apr. 13, 1976, 90 such limitation shall not apply to harvest amounts Stat. 346; Pub. L. 97–453, § 4, Jan. 12, 1983, 96 Stat. from quota assigned explicitly to a CDQ group as part 2484; Pub. L. 98–623, title IV, § 404(3), Nov. 8, 1984, of a CDQ allocation to an entity established by section 98 Stat. 3408; Pub. L. 104–297, title I, § 106, Oct. 11, 305(i) of the Magnuson-Stevens Act (16 U.S.C. 1855(i)). 1996, 110 Stat. 3570; Pub. L. 109–479, title I, ‘‘(c) CONTRACT SUBMISSION AND REVIEW.—The longline § 101(a), Jan. 12, 2007, 120 Stat. 3579.) catcher processor subsector shall submit to the Sec- retary— REFERENCES IN TEXT ‘‘(1) not later than November 1 of each year, a con- tract to implement a single fishery cooperative ap- This chapter, referred to in subsec. (a)(8), was in the proved under this section for the following calendar original ‘‘this Act’’, meaning Pub. L. 94–265, Apr. 13, year; and 1976, 90 Stat. 331, as amended, known as the Magnuson- ‘‘(2) not later than 60 days prior to the commence- Stevens Fishery Conservation and Management Act, ment of fishing under the single fishery cooperative, which is classified principally to this chapter. For com- any interim modifications to the contract submitted plete classification of this Act to the Code, see Short under paragraph (1). Title note set out under section 1801 of this title and ‘‘(d) DEPARTMENT OF JUSTICE REVIEW.—Not later than Tables. November 1 before the first year of fishing under a sin- gle fishery cooperative approved under this section, the AMENDMENTS longline catcher processor sector shall submit to the 2007—Subsec. (a)(8). Pub. L. 109–479 inserted ‘‘by uti- Secretary a copy of a letter from a party to the con- lizing economic and social data that meet the require- tract under subsection (c)(1) requesting a business re- ments of paragraph (2),’’ after ‘‘fishing communities’’. view letter from the Attorney General and any re- 1996—Subsec. (a)(5). Pub. L. 104–297, § 106(a), sub- sponse to such request. stituted ‘‘consider efficiency’’ for ‘‘promote efficiency’’. ‘‘(e) IMPLEMENTATION.—The Secretary shall imple- Subsec. (a)(8) to (10). Pub. L. 104–297, § 106(b), added ment a single fishery cooperative approved under this pars. (8) to (10). section not later than 2 years after receiving a request 1984—Subsec. (a)(1). Pub. L. 98–623 inserted ‘‘for the under subsection (a). United States fishing industry’’. ‘‘(f) STATUS QUO FISHERY.—If the longline catcher 1983—Subsec. (b). Pub. L. 97–453 substituted ‘‘advisory processor subsector does not submit a contract to the guidelines (which shall not have the force and effect of Secretary under subsection (c) then the longline catch- law)’’ for ‘‘guidelines’’. er processor subsector in the BSAI shall operate as a limited access fishery for the following year subject to SHORT TITLE OF 1997 AMENDMENT the license limitation program in effect for the longline Pub. L. 105–146, § 1, Dec. 16, 1997, 111 Stat. 2672, pro- catcher processor subsector on the date of enactment of vided that: ‘‘This Act [repealing section 757g of this this Act [Dec. 22, 2010] or any subsequent modifications title, amending provisions set out as notes under this to the license limitation program recommended by the section and listed in a table of National Wildlife Con- Council and approved by the Secretary. servation Areas set out under section 668dd of this ‘‘SEC. 3. HARVEST AND PROHIBITED SPECIES AL- title, and repealing provisions set out as notes under LOCATIONS TO A SINGLE FISHERY COOPERA- this section] may be cited as the ‘Atlantic Striped Bass TIVE FOR THE LONGLINE CATCHER PROC- Conservation Act Amendments of 1997’.’’ ESSOR SUBSECTOR IN THE BSAI. ‘‘A single fishery cooperative approved under section LIMITATION ON FUNDING FOR FISHERY MANAGEMENT 2 may, on an annual basis, collectively— PLAN FOR THE REEF FISH RESOURCES OF THE GULF ‘‘(1) harvest the total amount of BSAI Pacific cod OF MEXICO total allowable catch, less any amount allocated to Pub. L. 115–31, div. B, title I, § 110, May 5, 2017, 131 the longline catcher processor subsector non-coopera- Stat. 191, provided that: ‘‘None of the funds appro- tive limited access fishery; priated or otherwise made available in this or any ‘‘(2) utilize the total amount of BSAI Pacific cod other Act, with respect to any fiscal year, may be used prohibited species catch allocation, less any amount in contravention of section 110 of the Commerce, Jus- allocated to a longline catcher processor subsector tice, Science, and Related Agencies Appropriations non-cooperative limited access fishery; and Act, 2016 (Public Law 114–113) [129 Stat. 2295].’’ ‘‘(3) harvest any reallocation of Pacific cod to the longline catcher processor subsector during a fishing LONGLINE CATCHER PROCESSOR SUBSECTOR SINGLE year by the Secretary. FISHERY COOPERATIVE ‘‘SEC. 4. LONGLINE CATCHER PROCESSOR SUBSEC- Pub. L. 111–335, Dec. 22, 2010, 124 Stat. 3583, provided TOR NON-COOPERATIVE LIMITED ACCESS that: FISHERY. ‘‘SECTION 1. SHORT TITLE. ‘‘(a) IN GENERAL.—An eligible member that elects not ‘‘This Act may be cited as the ‘Longline Catcher to participate in a single fishery cooperative approved Processor Subsector Single Fishery Cooperative Act’. under section 2 shall operate in a non-cooperative lim- ited access fishery subject to the license limitation ‘‘SEC. 2. AUTHORITY TO APPROVE AND IMPLE- program in effect for the longline catcher processor MENT A SINGLE FISHERY COOPERATIVE FOR subsector on the date of enactment of this Act [Dec. 22, THE LONGLINE CATCHER PROCESSOR SUBSEC- 2010] or any subsequent modifications to the license TOR IN THE BSAI. limitation program recommended by the Council and ‘‘(a) IN GENERAL.—Upon the request of eligible mem- approved by the Secretary. bers of the longline catcher processor subsector holding ‘‘(b) HARVEST AND PROHIBITED SPECIES ALLOCA- at least 80 percent of the licenses issued for that sub- TIONS.—Eligible members operating in a non-coopera- sector, the Secretary is authorized to approve a single tive limited access fishery under this section may col- fishery cooperative for the longline catcher processor lectively— subsector in the BSAI. ‘‘(1) harvest the percentage of BSAI Pacific cod ‘‘(b) LIMITATION.—A single fishery cooperative ap- total allowable catch equal to the combined average proved under this section shall include a limitation percentage of the BSAI Pacific cod harvest allocated prohibiting any eligible member from harvesting a to the longline catcher processor sector and retained total of more than 20 percent of the Pacific cod avail- by the vessel or vessels designated on the eligible able to be harvested in the longline catcher processor members license limitation program license or li- Page 1931 TITLE 16—CONSERVATION § 1851

censes for 2006, 2007, and 2008, according to the catch tion 305(i) of the Magnuson-Stevens Act (16 U.S.C. accounting system data used to establish total catch; 1855(i)), including the allocation of fishery resources in and the directed Pacific cod fishery. ‘‘(2) utilize the percentage of BSAI Pacific cod pro- ‘‘SEC. 8. DEFINITIONS. hibited species catch allocation equal to the percent- ‘‘In this Act: age calculated under paragraph (1). ‘‘(1) BSAI.—The term ‘BSAI’ has the meaning given ‘‘SEC. 5. AUTHORITY OF THE NORTH PACIFIC FISH- that term in section 219(a)(2) of the Department of ERY MANAGEMENT COUNCIL. Commerce and Related Agencies Appropriations Act, ‘‘(a) IN GENERAL.—Nothing in this Act shall supersede 2005 (Public Law 108–447; 118 Stat. 2886). the authority of the Council to recommend for approval ‘‘(2) BSAI PACIFIC COD TOTAL ALLOWABLE CATCH.— by the Secretary such conservation and management The term ‘BSAI Pacific cod total allowable catch’ measures, in accordance with the Magnuson-Stevens means the Pacific cod total allowable catch for the Act (16 U.S.C. 1801 et seq.) as it considers necessary to directed longline catcher processor subsector in the ensure that this Act does not diminish the effectiveness BSAI as established on an annual basis by the Coun- of fishery management in the BSAI or the Gulf of Alas- cil and approved by the Secretary. ka Pacific cod fishery. ‘‘(3) BSAI PACIFIC COD PROHIBITED SPECIES CATCH AL- ‘‘(b) LIMITATIONS.— LOCATION.—The term ‘BSAI Pacific cod prohibited ‘‘(1) Notwithstanding the authority provided to the species catch allocation’ means the prohibited species Council under this section, the Council is prohibited catch allocation for the directed longline catcher from altering or otherwise modifying— processor subsector in the BSAI as established on an ‘‘(A) the methodology established under section 3 annual basis by the Council and approved by the Sec- for allocating the BSAI Pacific cod total allowable retary. catch and BSAI Pacific cod prohibited species catch ‘‘(4) COUNCIL.—The term ‘Council’ means the North allocation to a single fishery cooperative approved Pacific Fishery Management Council established under this Act; or under section 302(a)(1)(G) of the Magnuson-Stevens ‘‘(B) the methodology established under section 4 Act (16 U.S.C. 1852(a)(1)(G)). of this Act for allocating the BSAI Pacific cod total ‘‘(5) ELIGIBLE MEMBER.—The term ‘eligible member’ allowable catch and BSAI Pacific cod prohibited means a holder of a license limitation program li- species catch allocation to the non-cooperative lim- cense, or licenses, eligible to participate in the ited access fishery. longline catcher processor subsector. ‘‘(2) No sooner than 7 years after approval of a sin- ‘‘(6) GULF OF ALASKA.—The term ‘Gulf of Alaska’ gle fisheries cooperative under section 2 of this Act, means that portion of the Exclusive Economic Zone the Council may modify the harvest limitation estab- contained in Statistical Areas 610, 620, and 630. lished under section 2(b) if such modification does not ‘‘(7) LONGLINE CATCHER PROCESSOR SUBSECTOR.—The negatively impact any eligible member of the term ‘longline catcher processor subsector’ has the longline catcher processor subsector. meaning given that term in section 219(a)(6) of the ‘‘(c) PROTECTIONS FOR THE GULF OF ALASKA PACIFIC Department of Commerce and Related Agencies Ap- COD FISHERY.—The Council may recommend for ap- propriations Act, 2005 (Public Law 108–447; 118 Stat. proval by the Secretary such harvest limitations of Pa- 2886 [2887]). cific cod by the longline catcher processor subsector in ‘‘(8) MAGNUSON-STEVENS ACT.—The term ‘Magnuson- the Western Gulf of Alaska and the Central Gulf of Stevens Act’ means the Magnuson-Stevens Fishery Alaska as may be necessary to protect coastal commu- Conservation and Management Act (16 U.S.C. 1801 et nities and other Gulf of Alaska participants from po- seq.). tential competitive advantages provided to the longline ‘‘(9) SECRETARY.—The term ‘Secretary’ means the catcher processor subsector by this Act. Secretary of Commerce.’’ ‘‘SEC. 6. RELATIONSHIP TO THE MAGNUSON-STE- GULF OF ALASKA ROCKFISH DEMONSTRATION PROGRAM VENS ACT. Pub. L. 108–199, div. B, title VIII, § 802, Jan. 23, 2004, ‘‘(a) IN GENERAL.—Consistent with section 301(a) of 118 Stat. 110, as amended by Pub. L. 109–479, title II, the Magnuson-Stevens Act (16 U.S.C. 1851(a)), a single § 218, Jan. 12, 2007, 120 Stat. 3621, which directed the fishery cooperative approved under section 2 of this Act Secretary of Commerce to establish a pilot program for is intended to enhance conservation and sustainable management of pacific ocean perch, northern rockfish, fishery management, reduce and minimize bycatch, and pelagic shelf rockfish harvested in the Central Gulf promote social and economic benefits, and improve the of Alaska, expired Dec. 31, 2011. See 76 F.R. 81248. vessel safety of the longline catcher processor subsec- tor in the BSAI. IMPLEMENTATION OF STELLER SEA LION PROTECTIVE ‘‘(b) TRANSITION RULE.—A single fishery cooperative MEASURES approved under section 2 of this Act is deemed to meet Pub. L. 106–554, § 1(a)(4) [div. A, § 209], Dec. 21, 2000, 114 the requirements of section 303A(i) of the Magnuson- Stat. 2763, 2763A–176, provided that: Stevens Act (16 U.S.C. 1853a(i)) as if it had been ap- ‘‘(a) FINDINGS.—The Congress finds that— proved by the Secretary within 6 months after the date ‘‘(1) the western population of Steller sea lions has of enactment of the Magnuson-Stevens Fishery Con- substantially declined over the last 25 years. servation and Management Reauthorization Act of 2006 ‘‘(2) scientists should closely research and analyze [Pub. L. 109–479, approved Jan. 12, 2007], unless the Sec- all possible factors relating to such decline, including retary makes a determination, within 30 days after the the possible interactions between commercial fishing date of enactment of this Act [Dec. 22, 2010], that appli- and Steller sea lions and the localized depletion hy- cation of section 303A(i) of the Magnuson-Stevens Act pothesis; to the cooperative approved under section 2 of this Act ‘‘(3) the authority to manage commercial fisheries would be inconsistent with the purposes for which sec- in Federal waters lies with the regional councils and tion 303A was added to the Magnuson-Stevens Act. the Secretary of Commerce (hereafter in this section ‘‘(c) COST RECOVERY.—Consistent with section ‘Secretary’) pursuant to the Magnuson-Stevens Fish- 304(d)(2) of the Magnuson-Stevens Act (16 U.S.C. ery Conservation and Management Act [16 U.S.C. 1801 1854(d)(2)), the Secretary is authorized to recover rea- et seq.] (hereafter in this section ‘Magnuson-Stevens sonable costs to administer a single fishery cooperative Act’); and approved under section 2 of this Act. ‘‘(4) the Secretary of Commerce shall comply with ‘‘SEC. 7. COMMUNITY DEVELOPMENT QUOTA PRO- the Magnuson-Stevens Act when using fishery man- GRAM. agement plans and regulations to implement the de- ‘‘Nothing in this Act shall affect the western Alaska cisions made pursuant to findings under the Endan- community development program established by sec- gered Species Act [of 1973, 16 U.S.C. 1531 et seq.], and § 1851 TITLE 16—CONSERVATION Page 1932

shall utilize the processes and procedures of the re- small boats and Alaskan on-shore processors that is gional fishery management councils as required by no less than in 1999. the Magnuson-Stevens Act. ‘‘(7) The regulations that are promulgated pursuant ‘‘(b) INDEPENDENT SCIENTIFIC REVIEW.—The North Pa- to paragraph (4) shall not be modified in any way cific Fishery Management Council (hereafter in this other than upon recommendation of the North Pa- section ‘North Pacific Council[’]) shall utilize the ex- cific Council, before March 15, 2001. pertise of the National Academy of Sciences to conduct ‘‘(d) SEA LION PROTECTION MEASURES.—$20,000,000 is an independent scientific review of the November 30, hereby appropriated to the Secretary of Commerce to 2000 Biological Opinion for the Bering Sea/Aleutian Is- remain available until expended to develop and imple- lands and Gulf of Alaska groundfish fisheries (hereafter ment a coordinated, comprehensive research and recov- in this section ‘Biological Opinion’), its underlying hy- ery program for the Steller sea lion, which shall be de- pothesis, and the Reasonable and Prudent Alternatives signed to study— (hereafter in this section ‘Alternatives’) contained ‘‘(1) available prey species; therein. The Secretary shall cooperate with the inde- ‘‘(2) predator/prey relationships; pendent scientific review, and the National Academy of ‘‘(3) predation by other marine mammals; Sciences is requested to give its highest priority to this ‘‘(4) interactions between fisheries and Steller sea review. lions, including the localized depletion theory; ‘‘(c) PREPARATION OF FISHERY MANAGEMENT PLANS ‘‘(5) regime shift, climate change, and other im- AND REGULATIONS TO IMPLEMENT PROTECTIVE MEASURES pacts associated with changing environmental condi- IN THE NOVEMBER 30, 2000 BIOLOGICAL OPINION.— tions in the North Pacific and Bering Sea; ‘‘(1) The Secretary of Commerce shall submit to the ‘‘(6) disease; North Pacific Council proposed conservation and ‘‘(7) juvenile and pup survival rates; management measures to implement the Alter- ‘‘(8) population counts; natives contained in the November 30, 2000 Biological ‘‘(9) nutritional stress; Opinion for the Bering Sea/Aleutian Islands and Gulf ‘‘(10) foreign commercial harvest of sea lions out- of Alaska groundfish fisheries. The North Pacific side the exclusive economic zone; Council shall prepare and transmit to the Secretary ‘‘(11) the residual impacts of former government- a fishery management plan amendment or amend- authorized Steller sea lion eradication bounty pro- ments to implement such Alternatives that are con- grams; and sistent with the Magnuson-Stevens Act (including re- ‘‘(12) the residual impacts of intentional lethal quirements in such Act relating to best available takes of Steller sea lions. science, bycatch reduction, impacting on fishing Within available funds the Secretary shall implement communities, the safety of life at sea, and public on a pilot basis innovative non-lethal measures to pro- comment and hearings.) tect Steller sea lions from marine mammal predators ‘‘(2) The Bering Sea/Aleutian Islands and Gulf of including killer whales. Alaska groundfish fisheries shall be managed in a ‘‘(e) ECONOMIC DISASTER RELIEF.—$30,000,000 is hereby manner consistent with the Alternatives contained in appropriated to the Secretary of Commerce to make the Biological Opinion, except as otherwise provided available as a direct payment to the Southwest Alaska in this section. The Alternatives shall become fully Municipal Conference to distribute to fishing commu- effective no later than January 1, 2002, as revised if nities, businesses, community development quota necessary and appropriate based on the independent groups, individuals, and other entities to mitigate the scientific review referred to in subsection (b) and economic losses caused by Steller sea lion protection other new information, and shall be phased in in 2001 measures heretofore incurred; provided that the Presi- as described in paragraph (3). dent of such organization shall provide a written report ‘‘(3) The 2001 Bering Sea/Aleutian Islands and Gulf to the Secretary and the House and Senate Appropria- of Alaska groundfish fisheries shall be managed in ac- tions Committee within 6 months of receipt of these cordance with the fishery management plan and Fed- funds.’’ eral regulations in effect for such fisheries prior to LIMITATION ON FISHING PERMITS July 15, 2000, including— ‘‘(A) conservative total allowable catch levels; Pub. L. 105–277, div. A, § 101(b) [title VI, § 617], Oct. 21, ‘‘(B) no entry zones within three miles of rook- 1998, 112 Stat. 2681–50, 2681–115, as amended by Pub. L. eries; 106–31, title III, § 3025, May 21, 1999, 113 Stat. 100, pro- ‘‘(C) restricted harvest levels near rookeries and vided that: haul-outs; ‘‘(a) None of the funds made available in this Act or ‘‘(D) federally-trained observers; any other Act hereafter enacted may be used to issue ‘‘(E) spatial and temporal harvest restrictions; or renew a fishing permit or authorization for any fish- ‘‘(F) federally-mandated bycatch reduction pro- ing vessel of the United States greater than 165 feet in grams; and registered length, of more than 750 gross registered ‘‘(G) additional conservation benefits provided tons, or that has an engine or engines capable of pro- through cooperative fishing arrangements, ducing a total of more than 3,000 shaft horsepower as and said regulations are hereby restored to full force specified in the permit application required under part and effect. 648.4(a)(5) of title 50, Code of Federal Regulations, part ‘‘(4) The Secretary shall amend these regulations 648.12 of title 50, Code of Federal Regulations, and the by January 20, 2001, after consultation with the North authorization required under part 648.80(d)(2) of title 50, Pacific Council and in a manner consistent with all Code of Federal Regulations, to engage in fishing for law, including the Magnuson-Stevens Act, and con- Atlantic mackerel or herring (or both) under the Mag- sistent with the Alternatives to the maximum extent nuson-Stevens Fishery Conservation and Management practicable, subject to the other provisions of this Act (16 U.S.C. 1801 et seq.), unless the regional fishery subsection. management council of jurisdiction recommends after ‘‘(5) The harvest reduction requirement (‘Global October 21, 1998, and the Secretary of Commerce ap- Control Rule’) shall take effect immediately in any proves, conservation and management measures in ac- 2001 groundfish fishery in which it applies, but shall cordance with such Act to allow such vessel to engage not cause a reduction in the total allowable catch of in fishing for Atlantic mackerel or herring (or both). any fishery of more than 10 percent. ‘‘(b) Any fishing permit or authorization issued or re- ‘‘(6) In enforcing regulations for the 2001 fisheries, newed prior to the date of the enactment of this Act the Secretary, upon recommendation of the North [Oct. 21, 1998] for a fishing vessel to which the prohibi- Pacific Council, may open critical habitat where tion in subsection (a) applies that would allow such needed, adjust seasonal catch levels, and take other vessel to engage in fishing for Atlantic mackerel or measures as needed to ensure that harvest levels are herring (or both) during fiscal year 1999 shall be null sufficient to provide income from these fisheries for and void, and none of the funds made available in this Page 1933 TITLE 16—CONSERVATION § 1851

Act [see Tables for classification] may be used to issue ‘‘(3) the term ‘catcher vessel’ means a vessel that is a fishing permit or authorization that would allow a used for harvesting fish and that does not process pol- vessel whose permit or authorization was made null lock onboard; and void pursuant to this subsection to engage in the ‘‘(4) the term ‘directed pollock fishery’ means the catching, taking, or harvesting of fish in any other fishery for the directed fishing allowances allocated fishery within the exclusive economic zone of the under paragraphs (1), (2), and (3) of section 206(b); United States.’’ ‘‘(5) the term ‘harvest’ means to commercially en- gage in the catching, taking, or harvesting of fish or BERING SEA POLLOCK FISHERY any activity that can reasonably be expected to re- Pub. L. 108–199, div. B, title VIII, § 803, Jan. 23, 2004, sult in the catching, taking, or harvesting of fish; 118 Stat. 110, provided that: ‘‘(6) the term ‘inshore component’ means the fol- ‘‘(a) ALEUTIAN ISLANDS POLLOCK ALLOCATION.—Effec- lowing categories that process groundfish harvested tive January 1, 2004 and thereafter, the directed pollock in the Bering Sea and Aleutian Islands Management fishery in the Aleutian Islands Subarea [AI] of the Area: BSAI (as defined in 50 CFR 679.2) shall be allocated to ‘‘(A) shoreside processors, including those eligible the Aleut Corporation (incorporated pursuant to the under section 208(f); and ‘‘(B) vessels less than 125 feet in length overall Alaska Native Claims Settlement Act (43 U.S.C. 1601 et that process less than 126 metric tons per week in seq.)). Except with the permission of the Aleut Corpora- round-weight equivalents of an aggregate amount tion or its authorized agent, the fishing or processing of pollock and Pacific cod; of any part of such allocation shall be prohibited by ‘‘(7) the term ‘Magnuson-Stevens Act’ means the section 307 of the Magnuson-Stevens Fishery Conserva- Magnuson-Stevens Fishery Conservation and Man- tion and Management Act (16 U.S.C. 1857), subject to agement Act (16 U.S.C. 1801 et seq.); the penalties and sanctions under section 308 of such ‘‘(8) the term ‘mothership’ means a vessel that re- Act (16 U.S.C. 1858), and subject to the forfeiture of any ceives and processes fish from other vessels in the ex- fish harvested or processed. clusive economic zone of the United States and is not ‘‘(b) ELIGIBLE VESSELS.—Only vessels that are 60 feet used for, or equipped to be used for, harvesting fish; or less in length overall and have a valid fishery en- ‘‘(9) the term ‘North Pacific Council’ means the dorsement, or vessels that are eligible to harvest pol- North Pacific Fishery Management Council estab- lock under section 208 of title II of division C of Public lished under section 302(a)(1)(G) of the Magnuson-Ste- Law 105–277 [set out below], shall be eligible to form vens Act (16 U.S.C. 1852(a)(1)(G)); partnerships with the Aleut Corporation (or its author- ‘‘(10) the term ‘offshore component’ means all ves- ized agents) to harvest the allocation under subsection sels not included in the definition of ‘inshore compo- (a). During the years 2004 through 2008, up to 25 percent nent’ that process groundfish harvested in the Bering of such allocation may be harvested by vessels 60 feet Sea and Aleutian Islands Management Area; or less in length overall. During the years 2009 through ‘‘(11) the term ‘Secretary’ means the Secretary of 2013, up to 50 percent of such allocation may be har- Commerce; and vested by vessels 60 feet or less in length overall. After ‘‘(12) the term ‘shoreside processor’ means any per- the year 2012, 50 percent of such allocation shall be har- son or vessel that receives unprocessed fish, except vested by vessels 60 feet or less in length overall, and catcher/processors, motherships, buying stations, res- 50 percent shall be harvested by vessels eligible under taurants, or persons receiving fish for personal con- such section of Public Law 105–277. sumption or bait. ‘‘(c) GROUNDFISH OPTIMUM YIELD LIMITATION.—The ‘‘SEC. 206. ALLOCATIONS. optimum yield for groundfish in the Bering Sea and ‘‘(a) POLLOCK COMMUNITY DEVELOPMENT QUOTA.—Ef- Aleutian Islands Management Area shall not exceed 2 fective January 1, 1999, 10 percent of the total allowable million metric tons. For the purposes of implementing catch of pollock in the Bering Sea and Aleutian Islands subsections (a) and (b) without adversely affecting cur- Management Area shall be allocated as a directed fish- rent fishery participants, the allocation under sub- ing allowance to the western Alaska community devel- section (a) may be in addition to such optimum yield opment quota program established under section 305(i) during the years 2004 through 2008 upon recommenda- of the Magnuson-Stevens Act (16 U.S.C. 1855(i)). tion by the North Pacific Council and approval by the ‘‘(b) INSHORE/OFFSHORE.—Effective January 1, 1999, Secretary of Commerce (if consistent with the require- the remainder of the pollock total allowable catch in ments of the Magnuson-Stevens Fishery Conservation the Bering Sea and Aleutian Islands Management Area, and Management Act (16 U.S.C. 1801 et seq.)). after the subtraction of the allocation under subsection ‘‘(d) MANAGEMENT AND ALLOCATION.—For the purposes (a) and the subtraction of allowances for the incidental of this section, the North Pacific Fishery Management catch of pollock by vessels harvesting other groundfish Council shall recommend and the Secretary shall ap- species (including under the western Alaska commu- prove an allocation under subsection (a) to the Aleut nity development quota program) shall be allocated as Corporation for the purposes of economic development directed fishing allowances as follows— in Adak, Alaska pursuant to the requirements of the ‘‘(1) 50 percent to catcher vessels harvesting pollock Magnuson-Stevens Fishery Conservation and Manage- for processing by the inshore component; ment Act (16 U.S.C. 1801 et seq.).’’ ‘‘(2) 40 percent to catcher/processors and catcher Pub. L. 105–277, div. C, title II, subtitle II, Oct. 21, vessels harvesting pollock for processing by catcher/ 1998, 112 Stat. 2681–621, as amended by Pub. L. 106–31, processors in the offshore component; and title III, § 3027(a)(2)–(7), May 21, 1999, 113 Stat. 101; Pub. ‘‘(3) 10 percent to catcher vessels harvesting pollock L. 107–20, title II, § 2202(e)(1), July 24, 2001, 115 Stat. 170; for processing by motherships in the offshore compo- Pub. L. 107–77, title II, § 211, Nov. 28, 2001, 115 Stat. 779; nent. Pub. L. 107–206, title I, § 1103, Aug. 2, 2002, 116 Stat. 884; ‘‘SEC. 207. BUYOUT. Pub. L. 111–281, title VI, § 602(b)(1), (3), Oct. 15, 2010, 124 ‘‘(a) FEDERAL LOAN.—Under the authority of sections Stat. 2960, 2961, provided that: 1111 and 1112 [renumbered 1113, 1114] of title XI of the ‘‘SEC. 205. DEFINITIONS. Merchant Marine Act, 1936 (46 U.S.C. App. 1279f and ‘‘As used in this subtitle— 1279g) [now 46 U.S.C. 53735 and 53702(b)] and notwith- ‘‘(1) the term ‘Bering Sea and Aleutian Islands standing the requirements of section 312 of the Magnu- Management Area’ has the same meaning as the son-Stevens Act (16 U.S.C. 1861a), the Secretary shall, meaning given for such term in part 679.2 of title 50, subject to the availability of appropriations for the Code of Federal Regulations, as in effect on October cost of the direct loan, provide up to $75,000,000 through 1, 1998; a direct loan obligation for the payments required ‘‘(2) the term ‘catcher/processor’ means a vessel under subsection (d). that is used for harvesting fish and processing that ‘‘(b) INSHORE FEE SYSTEM.—Notwithstanding the re- fish; quirements of section 304(d) or 312 of the Magnuson- § 1851 TITLE 16—CONSERVATION Page 1934

Stevens Act (16 U.S.C. 1854(d) and 1861a), the Secretary subsection (d)(1) have been fulfilled to the satisfaction shall establish a fee for the repayment of such loan ob- of the Secretary. ligation which— ‘‘(f) PROGRAM DEFINED; MATURITY.—For the purposes ‘‘(1) shall be six-tenths (0.6) of one cent for each of section 1111 [renumbered 1113] of the Merchant Ma- pound round-weight of all pollock harvested from the rine Act, 1936 (46 U.S.C. App. 1279f) [now 46 U.S.C. 53735], directed fishing allowance under section 206(b)(1); and the fishing capacity reduction program in this subtitle ‘‘(2) shall begin with such pollock harvested on or shall be within the meaning of the term ‘program’ as after January 1, 2000, and continue without interrup- defined and used in such section. Notwithstanding sec- tion until such loan obligation is fully repaid; and tion 1111(b)(4) [renumbered 1113(b)(4)] of such Act (46 ‘‘(3) shall be collected in accordance with section U.S.C. App. 1279f(b)(4)) [now 46 U.S.C. 53735(c)(4)], the 312(d)(2)(C) of the Magnuson-Stevens Act (16 U.S.C. debt obligation under subsection (a) of this section may 1861a(d)(2)(C)) and in accordance with such other con- have a maturity not to exceed 30 years. ditions as the Secretary establishes. ‘‘(g) FISHERY CAPACITY REDUCTION REGULATIONS.—The ‘‘(c) FEDERAL APPROPRIATION.—Under the authority Secretary of Commerce shall by not later than October of section 312(c)(1)(B) of the Magnuson-Stevens Act (16 15, 1998 publish proposed regulations to implement sub- U.S.C. 1861a(c)(1)(B)), there are authorized to be appro- sections (b), (c), (d), and (e) of section 312 of the Magnu- priated $20,000,000 for the payments required under sub- son-Stevens Act (16 U.S.C. 1861a) and sections 1111 and section (d). 1112 [renumbered 1113, 1114] of title XI of the Merchant ‘‘(d) PAYMENTS.—Subject to the availability of appro- Marine Act, 1936 (46 U.S.C. App. 1279f and 1279g) [now 46 priations for the cost of the direct loan under sub- U.S.C. 53735 and 53702(b)]. section (a) and funds under subsection (c), the Sec- ‘‘SEC. 208. ELIGIBLE VESSELS AND PROCESSORS. retary shall pay by not later than December 31, 1998— ‘‘(1) up to $90,000,000 to the owner or owners of the ‘‘(a) CATCHER VESSELS ONSHORE.—Effective January catcher/processors listed in paragraphs (1) through (9) 1, 2000, only catcher vessels which are— of section 209, in such manner as the owner or owners, ‘‘(1) determined by the Secretary— with the concurrence of the Secretary, agree, except ‘‘(A) to have delivered at least 250 metric tons of that— pollock; or ‘‘(A) the portion of such payment with respect to ‘‘(B) to be less than 60 feet in length overall and the catcher/processor listed in paragraph (1) of sec- to have delivered at least 40 metric tons of pollock, tion 209 shall be made only after the owner submits for processing by the inshore component in the directed a written certification acceptable to the Secretary pollock fishery in any one of the years 1996 or 1997, or that neither the owner nor a purchaser from the between January 1, 1998 and September 1, 1998; owner intends to use such catcher/processor outside ‘‘(2) eligible to harvest pollock in the directed pol- of the exclusive economic zone of the United States lock fishery under the license limitation program to harvest any stock of fish (as such term is defined recommended by the North Pacific Council and ap- in section 3 of the Magnuson-Stevens Act (16 U.S.C. proved by the Secretary; and 1802)) that occurs within the exclusive economic ‘‘(3) not listed in subsection (b), zone of the United States; and shall be eligible to harvest the directed fishing allow- ‘‘(B) the portion of such payment with respect to ance under section 206(b)(1) pursuant to a federal fish- the catcher/processors listed in paragraphs (2) ing permit. through (9) of section 209 shall be made only after ‘‘(b) CATCHER VESSELS TO CATCHER/PROCESSORS.—Ef- the owner or owners of such catcher/processors sub- fective January 1, 1999, only the following catcher ves- mit a written certification acceptable to the Sec- sels shall be eligible to harvest the directed fishing al- retary that such catcher/processors will be scrapped lowance under section 206(b)(2) pursuant to a federal by December 31, 2000 and will not, before that date, fishing permit: be used to harvest or process any fish; and ‘‘(1) AMERICAN CHALLENGER (United States offi- ‘‘(2)(A) if a contract has been filed under section cial number 633219); 210(a) by the catcher/processors listed in section ‘‘(2) FORUM STAR (United States official number 208(e), $5,000,000 to the owner or owners of the catch- 925863); er/processors listed in paragraphs (10) through (14) of ‘‘(3) MUIR MILACH (United States official number such section in such manner as the owner or owners, 611524); with the concurrence of the Secretary, agree; or ‘‘(4) NEAHKAHNIE (United States official number ‘‘(B) if such a contract has not been filed by such 599534); date, $5,000,000 to the owners of the catcher vessels el- ‘‘(5) OCEAN HARVESTER (United States official igible under section 208(b) and the catcher/processors number 549892); eligible under paragraphs (1) through (20) of section ‘‘(6) SEA STORM (United States official number 208(e), divided based on the amount of the harvest of 628959); pollock in the directed pollock fishery by each such ‘‘(7) TRACY ANNE (United States official number vessel in 1997 in such manner as the Secretary deems 904859); and appropriate, ‘‘(8) any catcher vessel— except that any such payments shall be reduced by any ‘‘(A) determined by the Secretary to have deliv- obligation to the federal government that has not been ered at least 250 metric tons and at least 75 percent satisfied by such owner or owners of any such vessels. of the pollock it harvested in the directed pollock ‘‘(e) PENALTY.—If the catcher/processor under para- fishery in 1997 to catcher/processors for processing graph (1) of section 209 is used outside of the exclusive by the offshore component; and economic zone of the United States to harvest any ‘‘(B) eligible to harvest pollock in the directed stock of fish that occurs within the exclusive economic pollock fishery under the license limitation pro- zone of the United States while the owner who received gram recommended by the North Pacific Council the payment under subsection (d)(1)(A) has an owner- and approved by the Secretary. ship interest in such vessel, or if the catcher/processors ‘‘(c) CATCHER VESSELS TO MOTHERSHIPS.—Effective listed in paragraphs (2) through (9) of section 209 are de- January 1, 2000, only the following catcher vessels shall termined by the Secretary not to have been scrapped be eligible to harvest the directed fishing allowance by December 31, 2000 or to have been used in a manner under section 206(b)(3) pursuant to a federal fishing per- inconsistent with subsection (d)(1)(B), the Secretary mit: may suspend any or all of the federal permits which ‘‘(1) ALEUTIAN CHALLENGER (United States offi- allow any vessels owned in whole or in part by the cial number 603820); owner or owners who received payments under sub- ‘‘(2) ALYESKA (United States official number section (d)(1) to harvest or process fish within the ex- 560237); clusive economic zone of the United States until such ‘‘(3) AMBER DAWN (United States official number time as the obligations of such owner or owners under 529425); Page 1935 TITLE 16—CONSERVATION § 1851

‘‘(4) AMERICAN BEAUTY (United States official ‘‘(13) SEATTLE ENTERPRISE (United States offi- number 613847); cial number 904767); ‘‘(5) CALIFORNIA HORIZON (United States official ‘‘(14) US ENTERPRISE (United States official num- number 590758); ber 921112); ‘‘(6) MAR-GUN (United States official number ‘‘(15) ARCTIC STORM (United States official num- 525608); ber 903511); ‘‘(7) MARGARET LYN (United States official num- ‘‘(16) ARCTIC FJORD (United States official num- ber 615563); ber 940866); ‘‘(8) MARK I (United States official number 509552); ‘‘(17) NORTHERN GLACIER (United States official ‘‘(9) MISTY DAWN (United States official number number 663457); 926647); ‘‘(18) PACIFIC GLACIER (United States official ‘‘(10) NORDIC FURY (United States official number number 933627); 542651); ‘‘(19) HIGHLAND LIGHT (United States official ‘‘(11) OCEAN LEADER (United States official num- number 577044); ber 561518); ‘‘(20) STARBOUND (United States official number ‘‘(12) OCEANIC (United States official number 944658); and 602279); ‘‘(21) any catcher/processor not listed in this sub- ‘‘(13) PACIFIC ALLIANCE (United States official section and determined by the Secretary to have har- number 612084); vested more than 2,000 metric tons of the pollock in ‘‘(14) PACIFIC CHALLENGER (United States offi- the 1997 directed pollock fishery and determined to be cial number 518937); eligible to harvest pollock in the directed pollock ‘‘(15) PACIFIC FURY (United States official num- fishery under the license limitation program rec- ber 561934); ommended by the North Pacific Council and approved ‘‘(16) PAPADO II (United States official number by the Secretary, except that catcher/processors eli- 536161); gible under this paragraph shall be prohibited from ‘‘(17) TRAVELER (United States official number harvesting in the aggregate a total of more than one- 929356); half (0.5) of a percent of the pollock apportioned for ‘‘(18) VESTERAALEN (United States official num- the directed pollock fishery under section 206(b)(2). ber 611642); Notwithstanding section 213(a), failure to satisfy the ‘‘(19) WESTERN DAWN (United States official num- requirements of section 4(a) of the Commercial Fishing ber 524423); and Industry Vessel Anti-Reflagging Act of 1987 (Public ‘‘(20) any vessel— Law 100–239; 46 U.S.C. 12108 note) [now 46 U.S.C. 12113 ‘‘(A) determined by the Secretary to have deliv- note] shall not make a catcher/processor listed under ered at least 250 metric tons of pollock for process- this subsection ineligible for a fishery endorsement. ing by motherships in the offshore component of ‘‘(f) SHORESIDE PROCESSORS.—(1) Effective January 1, the directed pollock fishery in any one of the years 2000 and except as provided in paragraph (2), the catch- 1996 or 1997, or between January 1, 1998 and Septem- er vessels eligible under subsection (a) may deliver pol- ber 1, 1998; lock harvested from the directed fishing allowance ‘‘(B) eligible to harvest pollock in the directed under section 206(b)(1) only to— pollock fishery under the license limitation pro- ‘‘(A) shoreside processors (including vessels in a gram recommended by the North Pacific Council single geographic location in Alaska State waters) and approved by the Secretary; and determined by the Secretary to have processed more ‘‘(C) not listed in subsection (b). than 2,000 metric tons round-weight of pollock in the ‘‘(d) MOTHERSHIPS.—Effective January 1, 2000, only inshore component of the directed pollock fishery the following motherships shall be eligible to process during each of 1996 and 1997; and the directed fishing allowance under section 206(b)(3) ‘‘(B) shoreside processors determined by the Sec- pursuant to a federal fishing permit: ‘‘(1) EXCELLENCE (United States official number retary to have processed pollock in the inshore com- 967502); ponent of the directed pollock fishery in 1996 or 1997, ‘‘(2) GOLDEN ALASKA (United States official num- but to have processed less than 2,000 metric tons ber 651041); and round-weight of such pollock in each year, except ‘‘(3) OCEAN PHOENIX (United States official num- that effective January 1, 2000, each such shoreside ber 296779). processor may not process more than 2,000 metric ‘‘(e) CATCHER/PROCESSORS.—Effective January 1, 1999, tons round-weight from such directed fishing allow- only the following catcher/processors shall be eligible ance in any year. to harvest the directed fishing allowance under section ‘‘(2) Upon recommendation by the North Pacific 206(b)(2) pursuant to a federal fishing permit: Council, the Secretary may approve measures to allow ‘‘(1) AMERICAN DYNASTY (United States official catcher vessels eligible under subsection (a) to deliver number 951307); pollock harvested from the directed fishing allowance ‘‘(2) KATIE ANN (United States official number under section 206(b)(1) to shoreside processors not eligi- 518441); ble under paragraph (1) if the total allowable catch for ‘‘(3) AMERICAN TRIUMPH (United States official pollock in the Bering Sea and Aleutian Islands Manage- number 646737); ment Area increases by more than 10 percent above the ‘‘(4) NORTHERN EAGLE (United States official total allowable catch in such fishery in 1997, or in the number 506694); event of the actual total loss or constructive total loss ‘‘(5) NORTHERN HAWK (United States official of a shoreside processor eligible under paragraph (1)(A). number 643771); ‘‘(g) VESSEL REBUILDING AND REPLACEMENT.— ‘‘(6) NORTHERN JAEGER (United States official ‘‘(1) IN GENERAL.— number 521069); ‘‘(A) REBUILD OR REPLACE.—Notwithstanding any ‘‘(7) OCEAN ROVER (United States official number limitation to the contrary on replacing, rebuilding, 552100); or lengthening vessels or transferring permits or li- ‘‘(8) ALASKA OCEAN (United States official num- censes to a replacement vessel contained in sec- ber 637856); tions 679.2 and 679.4 of title 50, Code of Federal Reg- ‘‘(9) ENDURANCE (United States official number ulations, as in effect on the date of enactment of 592206); the Coast Guard Authorization Act of 2010 [Oct. 15, ‘‘(10) AMERICAN ENTERPRISE (United States offi- 2010] and except as provided in paragraph (4), the cial number 594803); owner of a vessel eligible under subsection (a), (b), ‘‘(11) ISLAND ENTERPRISE (United States official (c), (d), or (e), in order to improve vessel safety and number 610290); operational efficiencies (including fuel efficiency), ‘‘(12) KODIAK ENTERPRISE (United States official may rebuild or replace that vessel (including fuel number 579450); efficiency) with a vessel documented with a fishery § 1851 TITLE 16—CONSERVATION Page 1936

endorsement under section 12113 of title 46, United affect the authority of the Pacific Council to rec- States Code. ommend to the Secretary conservation and manage- ‘‘(B) SAME REQUIREMENTS.—The rebuilt or replace- ment measures to protect fisheries under its jurisdic- ment vessel shall be eligible in the same manner tion (including the Pacific whiting fishery) and par- and subject to the same restrictions and limita- ticipants in such fisheries from adverse impacts tions under such subsection as the vessel being re- caused by this Act. built or replaced. ‘‘(h) ELIGIBILITY DURING IMPLEMENTATION.—In the ‘‘(C) TRANSFER OF PERMITS AND LICENSES.—Each event the Secretary is unable to make a final deter- fishing permit and license held by the owner of a mination about the eligibility of a vessel under sub- vessel or vessels to be rebuilt or replaced under sub- section (b)(8) or subsection (e)(21) before January 1, paragraph (A) shall be transferred to the rebuilt or 1999, or a vessel or shoreside processor under subsection replacement vessel or its owner, as necessary to (a), subsection (c)(21), or subsection (f) before January permit such rebuilt or replacement vessel to oper- 1, 2000, such vessel or shoreside processor, upon the fil- ate in the same manner as the vessel prior to the ing of an application for eligibility, shall be eligible to rebuilding or the vessel it replaced, respectively. participate in the directed pollock fishery pending final ‘‘(2) RECOMMENDATIONS OF NORTH PACIFIC FISHERY determination by the Secretary with respect to such MANAGEMENT COUNCIL.—The North Pacific Fishery vessel or shoreside processor. Management Council may recommend for approval ‘‘(i) ELIGIBILITY NOT A RIGHT.—Eligibility under this by the Secretary such conservation and management section shall not be construed— measures, including size limits and measures to con- ‘‘(1) to confer any right of compensation, monetary trol fishing capacity, in accordance with the Magnu- or otherwise, to the owner of any catcher vessel, son-Stevens Act [16 U.S.C. 1801 et seq.] as it considers catcher/processor, mothership, or shoreside processor necessary to ensure that this subsection does not di- if such eligibility is revoked or limited in any way, minish the effectiveness of fishery management plans including through the revocation or limitation of a of the Bering Sea and Aleutian Islands Management fishery endorsement or any federal permit or license; Area or the Gulf of Alaska. ‘‘(2) to create any right, title, or interest in or to ‘‘(3) SPECIAL RULE FOR REPLACEMENT OF CERTAIN any fish in any fishery; or VESSELS.— ‘‘(3) to waive any provision of law otherwise appli- ‘‘(A) IN GENERAL.—Notwithstanding the require- cable to such catcher vessel, catcher/processor, ments of subsections (b)(2), (c)(1), and (c)(2) of sec- mothership, or shoreside processor. tion 12113 of title 46, United States Code, a vessel ‘‘SEC. 209. LIST OF INELIGIBLE VESSELS. that is eligible under subsection (a), (b), (c), or (e) ‘‘Effective December 31, 1998, the following vessels and that qualifies to be documented with a fishery shall be permanently ineligible for fishery endorse- endorsement pursuant to section 213(g) may be re- ments, and any claims (including relating to catch his- placed with a replacement vessel under paragraph tory) associated with such vessels that could qualify (1) if the vessel that is replaced is validly docu- any owners of such vessels for any present or future mented with a fishery endorsement pursuant to sec- limited access system permit in any fishery within the tion 213(g) before the replacement vessel is docu- exclusive economic zone of the United States (includ- mented with a fishery endorsement under section ing a vessel moratorium permit or license limitation 12113 of title 46, United States Code. program permit in fisheries under the authority of the ‘‘(B) APPLICABILITY.—A replacement vessel under North Pacific Council) are hereby extinguished: subparagraph (A) and its owner and mortgagee are ‘‘(1) AMERICAN EMPRESS (United States official subject to the same limitations under section 213(g) number 942347); that are applicable to the vessel that has been re- ‘‘(2) PACIFIC SCOUT (United States official num- placed and its owner and mortgagee. ber 934772); ‘‘(4) SPECIAL RULES FOR CERTAIN CATCHER VESSELS.— ‘‘(3) PACIFIC EXPLORER (United States official ‘‘(A) IN GENERAL.—A replacement for a covered number 942592); vessel described in subparagraph (B) is prohibited ‘‘(4) PACIFIC NAVIGATOR (United States official from harvesting fish in any fishery (except for the number 592204); Pacific whiting fishery) managed under the author- ‘‘(5) VICTORIA ANN (United States official number ity of any Regional Fishery Management Council 592207); (other than the North Pacific Fishery Management ‘‘(6) ELIZABETH ANN (United States official num- Council) established under section 302(a) of the ber 534721); Magnuson-Stevens Act [16 U.S.C. 1852(a)]. ‘‘(7) CHRISTINA ANN (United States official num- ‘‘(B) COVERED VESSELS.—A covered vessel referred ber 653045); to in subparagraph (A) is— ‘‘(8) REBECCA ANN (United States official number ‘‘(i) a vessel eligible under subsection (a), (b), or 592205); and (c) that is replaced under paragraph (1); or ‘‘(9) BROWNS POINT (United States official num- ‘‘(ii) a vessel eligible under subsection (a), (b), ber 587440). or (c) that is rebuilt to increase its registered length, gross tonnage, or shaft horsepower. ‘‘SEC. 210. FISHERY COOPERATIVE LIMITATIONS. ‘‘(5) LIMITATION ON FISHERY ENDORSEMENTS.—Any ‘‘(a) PUBLIC NOTICE.—(1) Any contract implementing vessel that is replaced under this subsection shall a fishery cooperative under section 1 of the Act of June thereafter not be eligible for a fishery endorsement 25, 1934 (15 U.S.C. 521) in the directed pollock fishery under section 12113 of title 46, United States Code, un- and any material modifications to any such contract less that vessel is also a replacement vessel described shall be filed not less than 30 days prior to the start of in paragraph (1). fishing under the contract with the North Pacific Coun- ‘‘(6) GULF OF ALASKA LIMITATION.—Notwithstanding cil and with the Secretary, together with a copy of a paragraph (1), the Secretary shall prohibit from par- letter from a party to the contract requesting a busi- ticipation in the groundfish fisheries of the Gulf of ness review letter on the fishery cooperative from the Alaska any vessel that is rebuilt or replaced under Department of Justice and any response to such re- this subsection and that exceeds the maximum length quest. Notwithstanding section 402 of the Magnuson- overall specified on the license that authorizes fish- Stevens Act (16 U.S.C. 1881a) or any other provision of ing for groundfish pursuant to the license limitation law, but taking into account the interest of parties to program under part 679 of title 50, Code of Federal any such contract in protecting the confidentiality of Regulations, as in effect on the date of enactment of proprietary information, the North Pacific Council and the Coast Guard Authorization Act of 2010 [Oct. 15, Secretary shall— 2010]. ‘‘(A) make available to the public such information ‘‘(7) AUTHORITY OF PACIFIC COUNCIL.—Nothing in this about the contract, contract modifications, or fishery section shall be construed to diminish or otherwise cooperative the North Pacific Council and Secretary Page 1937 TITLE 16—CONSERVATION § 1851

deem appropriate, which at a minimum shall include history of which has been attributed to a fishery co- a list of the parties to the contract, a list of the ves- operative under paragraph (1) during any calendar sels involved, and the amount of pollock and other year may not harvest any pollock apportioned under fish to be harvested by each party to such contract; section 206(b)(1) in such calendar year other than the and pollock reserved under paragraph (1) for such fishery ‘‘(B) make available to the public in such manner cooperative. as the North Pacific Council and Secretary deem ap- ‘‘(6) TRANSFER OF COOPERATIVE HARVEST.—A con- propriate information about the harvest by vessels tract implementing a fishery cooperative under para- under a fishery cooperative of all species (including graph (1) may, notwithstanding the other provisions bycatch) in the directed pollock fishery on a vessel- of this subsection, provide for up to 10 percent of the by-vessel basis. pollock harvested under such cooperative to be proc- ‘‘(b) CATCHER VESSELS ONSHORE.— essed by a shoreside processor eligible under section ‘‘(1) CATCHER VESSEL COOPERATIVES.—Effective Jan- 208(f) other than the shoreside processor to which pol- uary 1, 2000, upon the filing of a contract implement- lock will be delivered under paragraph (1). ing a fishery cooperative under subsection (a) which— ‘‘(7) FISHERY COOPERATIVE EXIT PROVISIONS.— ‘‘(A) is signed by the owners of 80 percent or more ‘‘(A) FISHING ALLOWANCE DETERMINATION.—For of the qualified catcher vessels that delivered pol- purposes of determining the aggregate percentage lock for processing by a shoreside processor in the of directed fishing allowances under paragraph (1), directed pollock fishery in the year prior to the when a catcher vessel is removed from the directed year in which the fishery cooperative will be in ef- pollock fishery, the fishery allowance for pollock fect; and for the vessel being removed— ‘‘(B) specifies, except as provided in paragraph (6), ‘‘(i) shall be based on the catch history deter- that such catcher vessels will deliver pollock in the mination for the vessel made pursuant to section directed pollock fishery only to such shoreside 679.62 of title 50, Code of Federal Regulations, as processor during the year in which the fishery coop- in effect on the date of enactment of the Coast erative will be in effect and that such shoreside Guard Authorization Act of 2010 [Oct. 15, 2010]; processor has agreed to process such pollock, and the Secretary shall allow only such catcher vessels ‘‘(ii) shall be assigned, for all purposes under (and catcher vessels whose owners voluntarily par- this title, in the manner specified by the owner of ticipate pursuant to paragraph (2)) to harvest the the vessel being removed to any other catcher aggregate percentage of the directed fishing allow- vessel or among other catcher vessels participat- ance under section 206(b)(1) in the year in which the ing in the fishery cooperative if such vessel or fishery cooperative will be in effect that is equiva- vessels remain in the fishery cooperative for at lent to the aggregate total amount of pollock har- least one year after the date on which the vessel vested by such catcher vessels (and by such catcher being removed leaves the directed pollock fishery. vessels whose owners voluntarily participate pursu- ‘‘(B) ELIGIBILITY FOR FISHERY ENDORSEMENT.—Ex- ant to paragraph (2)) in the directed pollock fishery cept as provided in subparagraph (C), a vessel that for processing by the inshore component during is removed pursuant to this paragraph shall be per- 1995, 1996, and 1997 relative to the aggregate total manently ineligible for a fishery endorsement, and amount of pollock harvested in the directed pollock any claim (including relating to catch history) as- fishery for processing by the inshore component sociated with such vessel that could qualify any during such years and shall prevent such catcher owner of such vessel for any permit to participate vessels (and catcher vessels whose owners volun- in any fishery within the exclusive economic zone tarily participate pursuant to paragraph (2)) from of the United States shall be extinguished, unless harvesting in aggregate in excess of such percent- such removed vessel is thereafter designated to re- age of such directed fishing allowance. place a vessel to be removed pursuant to this para- ‘‘(2) VOLUNTARY PARTICIPATION.—Any contract im- graph. plementing a fishery cooperative under paragraph (1) ‘‘(C) LIMITATIONS ON STATUTORY CONSTRUCTION.— must allow the owners of other qualified catcher ves- Nothing in this paragraph shall be construed— sels to enter into such contract after it is filed and ‘‘(i) to make the vessels AJ (United States offi- before the calender year in which fishing will begin cial number 905625), DONA MARTITA (United under the same terms and conditions as the owners of States official number 651751), NORDIC EX- the qualified catcher vessels who entered into such PLORER (United States official number 678234), contract upon filing. and PROVIDIAN (United States official number ‘‘(3) QUALIFIED CATCHER VESSEL.—For the purposes 1062183) ineligible for a fishery endorsement or of this subsection, a catcher vessel shall be consid- any permit necessary to participate in any fish- ered a ‘qualified catcher vessel’ if, during the year ery under the authority of the New England Fish- prior to the year in which the fishery cooperative will ery Management Council or the Mid-Atlantic be in effect, it delivered more pollock to the shore- Fishery Management Council established, respec- side processor to which it will deliver pollock under tively, under subparagraphs (A) and (B) of section the fishery cooperative in paragraph (1) than to any 302(a)(1) of the Magnuson-Stevens Act [16 U.S.C. other shoreside processor. 1852(a)(1)]; or ‘‘(4) CONSIDERATION OF CERTAIN VESSELS.—Any con- ‘‘(ii) to allow the vessels referred to in clause (i) tract implementing a fishery cooperative under para- to participate in any fishery under the authority graph (1) which has been entered into by the owner of of the Councils referred to in clause (i) in any a qualified catcher vessel eligible under section 208(a) manner that is not consistent with the fishery that harvested pollock for processing by catcher/proc- management plan for the fishery developed by the essors or motherships in the directed pollock fishery Councils under section 303 of the Magnuson-Ste- during 1995, 1996, and 1997 shall, to the extent prac- vens Act [16 U.S.C. 1853]. ticable, provide fair and equitable terms and condi- ‘‘(c) CATCHER VESSELS TO CATCHER/PROCESSORS.—Ef- tions for the owner of such qualified catcher vessel. fective January 1, 1999, not less than 8.5 percent of the ‘‘(5) OPEN ACCESS.—A catcher vessel eligible under directed fishing allowance under section 206(b)(2) shall section 208(a) the catch history of which has not been be available for harvest only by the catcher vessels eli- attributed to a fishery cooperative under paragraph gible under section 208(b). The owners of such catcher (1) may be used to deliver pollock harvested by such vessels may participate in a fishery cooperative with vessel from the directed fishing allowance under sec- the owners of the catcher/processors eligible under tion 206(b)(1) (other than pollock reserved under para- paragraphs (1) through (20) of the section 208(e). The graph (1) for a fishery cooperative) to any of the owners of such catcher vessels may participate in a shoreside processors eligible under section 208(f). A fishery cooperative that will be in effect during 1999 catcher vessel eligible under section 208(a) the catch only if the contract implementing such cooperative es- § 1851 TITLE 16—CONSERVATION Page 1938 tablishes penalties to prevent such vessels from exceed- State of Alaska subject to any landing taxes estab- ing in 1999 the traditional levels harvested by such ves- lished under Alaska law. Failure to include such a con- sels in all other fisheries in the exclusive economic tract clause or for such amounts to be paid shall result zone of the United States. in a revocation of the authority to form fishery co- ‘‘(d) CATCHER VESSELS TO MOTHERSHIPS.— operatives under section 1 of the Act of June 25, 1934 (15 ‘‘(1) PROCESSING.—Effective January 1, 2000, the au- U.S.C. 521 et seq.). thority in section 1 of the Act of June 25, 1934 (48 ‘‘(g) PENALTIES.—The violation of any of the require- Stat. 1213 and 1214; 15 U.S.C. 521 et seq.) shall extend ments of this subtitle or any regulation or permit is- to processing by motherships eligible under section sued pursuant to this subtitle shall be considered the 208(d) solely for the purposes of forming or participat- commission of an act prohibited by section 307 of the ing in a fishery cooperative in the directed pollock Magnuson-Stevens Act (16 U.S.C. 1857), and sections 308, fishery upon the filing of a contract to implement a 309, 310, and 311 of such Act (16 U.S.C. 1858, 1859, 1860, fishery cooperative under subsection (a) which has and 1861) shall apply to any such violation in the same been entered into by the owners of 80 percent or more manner as to the commission of an act prohibited by of the catcher vessels eligible under section 208(c) for section 307 of such Act (16 U.S.C. 1857). In addition to the duration of such contract, provided that such the civil penalties and permit sanctions applicable to owners agree to the terms of the fishery cooperative prohibited acts under section 308 of such Act (16 U.S.C. involving processing by the motherships. 1858), any person who is found by the Secretary, after ‘‘(2) VOLUNTARY PARTICIPATION.—Any contract im- notice and an opportunity for a hearing in accordance plementing a fishery cooperative described in para- with section 554 of title 5, United States Code, to have graph (1) must allow the owners of any other catcher violated a requirement of this section shall be subject vessels eligible under section 208(c) to enter such con- to the forfeiture to the Secretary of Commerce of any tract after it is filed and before the calendar year in fish harvested or processed during the commission of which fishing will begin under the same terms and such act. conditions as the owners of the catcher vessels who ‘‘SEC. 211. PROTECTIONS FOR OTHER FISHERIES; entered into such contract upon filing. CONSERVATION MEASURES. ‘‘(e) EXCESSIVE SHARES.— ‘‘(1) HARVESTING.—No particular individual, cor- ‘‘(a) GENERAL.—The North Pacific Council shall rec- poration, or other entity may harvest, through a fish- ommend for approval by the Secretary such conserva- ery cooperative or otherwise, a total of more than tion and management measures as it determines nec- 17.5 percent of the pollock available to be harvested essary to protect other fisheries under its jurisdiction in the directed pollock fishery. and the participants in those fisheries, including proc- ‘‘(2) PROCESSING.—Under the authority of section essors, from adverse impacts caused by this Act [prob- 301(a)(4) of the Magnuson-Stevens Act (16 U.S.C. ably should be ‘‘this title’’, see Tables for classifica- 1851(a)(4)), the North Pacific Council is directed to tion] or fishery cooperatives in the directed pollock recommend for approval by the Secretary conserva- fishery. tion and management measures to prevent any par- ‘‘(b) CATCHER/PROCESSOR RESTRICTIONS.— ‘‘(1) GENERAL.—The restrictions in this subsection ticular individual or entity from processing an exces- shall take effect on January 1, 1999 and shall remain sive share of the pollock available to be harvested in in effect thereafter except that they may be the directed pollock fishery. In the event the North superceded (with the exception of paragraph (4)) by Pacific Council recommends and the Secretary ap- conservation and management measures rec- proves an excessive processing share that is lower ommended after the date of the enactment of this Act than 17.5 percent, any individual or entity that pre- [Oct. 21, 1998] by the North Pacific Council and ap- viously processed a percentage greater than such proved by the Secretary in accordance with the Mag- share shall be allowed to continue to process such nuson-Stevens Act. percentage, except that their percentage may not ex- ‘‘(2) BERING SEA FISHING.—The catcher/processors el- ceed 17.5 percent (excluding pollock processed by igible under paragraphs (1) through (20) of section catcher/processors that was harvested in the directed 208(e) are hereby prohibited from, in the aggregate— pollock fishery by catcher vessels eligible under ‘‘(A) exceeding the percentage of the harvest 208(b)) and shall be reduced if their percentage de- available in the offshore component of any Bering creases, until their percentage is below such share. In Sea and Aleutian Islands groundfish fishery (other recommending the excessive processing share, the than the pollock fishery) that is equivalent to the North Pacific Council shall consider the need of total harvest by such catcher/processors and the catcher vessels in the directed pollock fishery to have catcher/processors listed in section 209 in the fish- competitive buyers for the pollock harvested by such ery in 1995, 1996, and 1997 relative to the total vessels. amount available to be harvested by the offshore ‘‘(3) REVIEW BY MARITIME ADMINISTRATION.—At the component in the fishery in 1995, 1996, and 1997; request of the North Pacific Council or the Secretary, ‘‘(B) exceeding the percentage of the prohibited any individual or entity believed by such Council or species available in the offshore component of any the Secretary to have exceeded the percentage in ei- Bering Sea and Aleutian Islands groundfish fishery ther paragraph (1) or (2) shall submit such informa- (other than the pollock fishery) that is equivalent tion to the Administrator of the Maritime Adminis- to the total of the prohibited species harvested by tration as the Administrator deems appropriate to such catcher/processors and the catcher/processors allow the Administrator to determine whether such listed in section 209 in the fishery in 1995, 1996, and individual or entity has exceeded either such percent- 1997 relative to the total amount of prohibited spe- age. The Administrator shall make a finding as soon cies available to be harvested by the offshore com- as practicable upon such request and shall submit ponent in the fishery in 1995, 1996, and 1997; and such finding to the North Pacific Council and the ‘‘(C) fishing for Atka mackerel in the eastern area Secretary. For the purposes of this subsection, any of the Bering Sea and Aleutian Islands and from ex- entity in which 10 percent or more of the interest is ceeding the following percentages of the directed owned or controlled by another individual or entity harvest available in the Bering Sea and Aleutian Is- shall be considered to be the same entity as the other lands Atka mackerel fishery— individual or entity. ‘‘(i) 11.5 percent in the central area; and ‘‘(f) LANDING TAX JURISDICTION.—Any contract filed ‘‘(ii) 20 percent in the western area. under subsection (a) shall include a contract clause ‘‘(3) BERING SEA PROCESSING.—The catcher/proc- under which the parties to the contract agree to make essors eligible under paragraphs (1) through (20) of payments to the State of Alaska for any pollock har- section 208(e) are hereby prohibited from— vested in the directed pollock fishery which is not land- ‘‘(A) processing any of the directed fishing allow- ed in the State of Alaska, in amounts which would ances under paragraphs (1) or (3) of section 206(b); otherwise accrue had the pollock been landed in the and Page 1939 TITLE 16—CONSERVATION § 1851

‘‘(B) processing any species of crab harvested in providing greater flexibility with respect to the the Bering Sea and Aleutian Islands Management shoreside processor or shoreside processors to which Area. catcher vessels in a fishery cooperative under section ‘‘(4) GULF OF ALASKA.—The catcher/processors eligi- 210(b) may deliver pollock. ble under paragraphs (1) through (20) of section 208(e) ‘‘(2) BERING SEA CRAB AND GROUNDFISH.— are hereby prohibited from— ‘‘(A) Effective January 1, 2000, the owners of the ‘‘(A) harvesting any fish in the Gulf of Alaska; motherships eligible under section 208(d) and the ‘‘(B) processing any groundfish harvested from shoreside processors eligible under section 208(f) the portion of the exclusive economic zone off Alas- that receive pollock from the directed pollock fish- ka known as area 630 under the fishery manage- ery under a fishery cooperative are hereby prohib- ment plan for Gulf of Alaska groundfish; or ited from processing, in the aggregate for each cal- ‘‘(C) processing any pollock in the Gulf of Alaska endar year, more than the percentage of the total (other than as bycatch in non-pollock groundfish catch of each species of crab in directed fisheries fisheries) or processing, in the aggregate, a total of under the jurisdiction of the North Pacific Council more than 10 percent of the cod harvested from than facilities operated by such owners processed of areas 610, 620, and 640 of the Gulf of Alaska under each such species in the aggregate, on average, in the fishery management plan for Gulf of Alaska 1995, 1996, 1997. For the purposes of this subpara- groundfish. graph, the term ‘facilities’ means any processing ‘‘(5) FISHERIES OTHER THAN NORTH PACIFIC.—The plant, catcher/processor, mothership, floating proc- catcher/processors eligible under paragraphs (1) essor, or any other operation that processes fish. through (20) of section 208(e) and motherships eligible Any entity in which 10 percent or more of the inter- under section 208(d) are hereby prohibited from har- est is owned or controlled by another individual or vesting fish in any fishery under the authority of any entity shall be considered to be the same entity as regional fishery management council established the other individual or entity for the purposes of under section 302(a) of the Magnuson-Stevens Act (16 this subparagraph. U.S.C. 1852(a)) other than the North Pacific Council, ‘‘(B) Under the authority of section 301(a)(4) of except for the Pacific whiting fishery, and from proc- the Magnuson-Stevens Act (16 U.S.C. 1851(a)(4)), the essing fish in any fishery under the authority of any North Pacific Council is directed to recommend for such regional fishery management council other than approval by the Secretary conservation and man- the North Pacific Council, except in the Pacific whit- agement measures to prevent any particular indi- ing fishery, unless the catcher/processor or mother- vidual or entity from harvesting or processing an ship is authorized to harvest or process fish under a excessive share of crab or of groundfish in fisheries fishery management plan recommended by the re- in the Bering Sea and Aleutian Islands Manage- gional fishery management council of jurisdiction ment Area. and approved by the Secretary. ‘‘(C) The catcher vessels eligible under section ‘‘(6) OBSERVERS AND SCALES.—The catcher/proc- 208(b) are hereby prohibited from participating in a essors eligible under paragraphs (1) through (20) of directed fishery for any species of crab in the Ber- section 208(e) shall— ing Sea and Aleutian Islands Management Area un- ‘‘(A) have two observers onboard at all times less the catcher vessel harvested crab in the di- while groundfish is being harvested, processed, or rected fishery for that species of crab in such Area received from another vessel in any fishery under during 1997 and is eligible to harvest such crab in the authority of the North Pacific Council; and such directed fishery under the license limitation ‘‘(B) weigh its catch on a scale onboard approved program recommended by the North Pacific Coun- by the National Marine Fisheries Service while har- cil and approved by the Secretary. The North Pa- vesting groundfish in fisheries under the authority cific Council is directed to recommend measures for of the North Pacific Council. approval by the Secretary to eliminate latent li- This paragraph shall take effect on January 1, 1999 censes under such program, and nothing in this sub- for catcher/processors eligible under paragraphs (1) paragraph shall preclude the Council from rec- through (20) of section 208(e) that will harvest pollock ommending measures more restrictive than under allocated under section 206(a) in 1999, and shall take this paragraph. effect on January 1, 2000 for all other catcher/proc- ‘‘(3) FISHERIES OTHER THAN NORTH PACIFIC.— essors eligible under such paragraphs of section ‘‘(A) By not later than July 1, 2000, the Pacific 208(e). Fishery Management Council established under sec- ‘‘(c) CATCHER VESSEL AND SHORESIDE PROCESSOR RE- tion 302(a)(1)(F) of the Magnuson-Stevens Act (16 STRICTIONS.— U.S.C. 1852(a)(1)(F)) shall recommend for approval ‘‘(1) REQUIRED COUNCIL RECOMMENDATIONS.—By not by the Secretary conservation and management later than July 1, 1999, the North Pacific Council measures to protect fisheries under its jurisdiction shall recommend for approval by the Secretary con- and the participants in those fisheries from adverse servation and management measures to— impacts caused by this Act [probably should be ‘‘(A) prevent the catcher vessels eligible under ‘‘this title’’, see Tables for classification] or by any subsections (a), (b), and (c) of section 208 from ex- fishery cooperatives in the directed pollock fishery. ceeding in the aggregate the traditional harvest ‘‘(B) If the Pacific Council does not recommend levels of such vessels in other fisheries under the such conservation and management measures by authority of the North Pacific Council as a result of such date, or if the Secretary determines that such fishery cooperatives in the directed pollock fishery; conservation and management measures rec- and ommended by the Pacific Council are not adequate ‘‘(B) protect processors not eligible to participate to fulfill the purposes of this paragraph, the Sec- in the directed pollock fishery from adverse effects retary may by regulation implement adequate as a result of this Act or fishery cooperatives in the measures including, but not limited to, restrictions directed pollock fishery. on vessels which harvest pollock under a fishery co- If the North Pacific Council does not recommend operative which will prevent such vessels from har- such conservation and management measures by such vesting Pacific groundfish, and restrictions on the date, or if the Secretary determines that such con- number of processors eligible to process Pacific servation and management measures recommended groundfish. by the North Pacific Council are not adequate to ful- ‘‘(d) BYCATCH INFORMATION.—Notwithstanding section fill the purposes of this paragraph, the Secretary may 402 of the Magnuson-Stevens Act (16 U.S.C. 1881a), the by regulation restrict or change the authority in sec- North Pacific Council may recommend and the Sec- tion 210(b) to the extent the Secretary deems appro- retary may approve, under such terms and conditions priate, including by preventing fishery cooperatives as the North Pacific Council and Secretary deem appro- from being formed pursuant to such section and by priate, the public disclosure of any information from § 1851 TITLE 16—CONSERVATION Page 1940 the groundfish fisheries under the authority of such the North Pacific Council, the Secretary, and the Con- Council that would be beneficial in the implementation gress on whether this Act has negatively affected the of section 301(a)(9) or section 303(a)(11) of the Magnu- market for fillets and fillet blocks, including through son-Stevens Act (16 U.S.C. 1851(a)(9) and 1853(a)(11)). the reduction in the supply of such fillets and fillet ‘‘(e) COMMUNITY DEVELOPMENT LOAN PROGRAM.— blocks. If the report determines that such market has Under the authority of title XI of the Merchant Marine been negatively affected, the North Pacific Council Act, 1936 ([former] 46 U.S.C. App. 1271 et seq.) [see chap- shall recommend measures for the Secretary’s approval ter 537 of Title 46, Shipping], and subject to the avail- to mitigate any negative effects. ability of appropriations, the Secretary is authorized to ‘‘(f) SEVERABILITY.—If any provision of this title, an provide direct loan obligations to communities eligible amendment made by this title, or the application of to participate in the western Alaska community devel- such provision or amendment to any person or circum- opment quota program established under 304(i) [305(i)] stance is held to be unconstitutional, the remainder of of the Magnuson-Stevens Act (16 U.S.C. 1855(i)) for the this title, the amendments made by this title, and the purposes of purchasing all or part of an ownership in- application of the provisions of such to any person or terest in vessels and shoreside processors eligible under circumstance shall not be affected thereby. ‘‘(g) INTERNATIONAL AGREEMENTS.—In the event that subsections (a), (b), (c), (d), (e), or (f) of section 208. any provision of section 12102(c) [now 12113(b)(2) to (d)] Notwithstanding the eligibility criteria in section or section 31322(a) of title 46, United States Code, as 208(a) and section 208(c), the LISA MARIE (United amended by this Act, is determined to be inconsistent States official number 1038717) shall be eligible under with an existing international agreement relating to such sections in the same manner as other vessels eligi- foreign investment to which the United States is a ble under such sections. party with respect to the owner or mortgagee on [sic] ‘‘SEC. 212. RESTRICTION ON FEDERAL LOANS. of a vessel with a fishery endorsement, such provision ‘‘[Amended section 302(b) of Pub. L. 104–297, formerly shall not apply to that owner or mortgagee with re- set out as a note under section 1274 of Title 46, Appen- spect to their ownership or mortgage interest in such dix, Shipping, and now partially set out as a note under vessel on that date to the extent of any such inconsist- section 53706 of Title 46, Shipping.] ency. The provisions of section 12102(c) [now 12113(b)(2) ‘‘SEC. 213. DURATION. to (d)] and section 31322(a) of title 46, United States Code, as amended by this Act, shall apply to all subse- ‘‘(a) GENERAL.—Except as otherwise provided in this title [see Tables for classification], the provisions of quent owners and mortgagees of such vessel, and shall apply, notwithstanding the preceding sentence, to the this title shall take effect upon the date of the enact- owner on [sic] of such vessel if any ownership interest ment of this Act [Oct. 21, 1998]. There are authorized to in that owner is transferred to or otherwise acquired by be appropriated $6,700,000 per year to carry out the pro- a foreign individual or entity after or if the percentage visions of this Act [probably should be ‘‘this title’’, see of foreign ownership in the vessel is increased after the Tables for classification] through fiscal year 2004. effective date of this subsection [July 24, 2001].’’ ‘‘(b) EXISTING AUTHORITY.—Except for the measures [Pub. L. 107–20, title II, § 2202(e)(2), July 24, 2001, 115 required by this subtitle [this note], nothing in this Stat. 170, provided that: ‘‘Section 213(g) of the Amer- subtitle shall be construed to limit the authority of the ican Fisheries Act (Public Law 105–277, division C, title North Pacific Council or the Secretary under the Mag- II) [set out above] shall take effect on the date of en- nuson-Stevens Act. actment of this Act [July 24, 2001].’’] ‘‘(c) CHANGES TO FISHERY COOPERATIVE LIMITATIONS AND POLLOCK CDQ ALLOCATION.—The North Pacific RESTRICTION ON FUNDING CERTAIN NEW FISHERY Council may recommend and the Secretary may ap- MANAGEMENT PLANS, AMENDMENTS OR REGULATIONS prove conservation and management measures in ac- Pub. L. 104–208, div. A, title I, § 101(a) [title II, §§ 208, cordance with the Magnuson-Stevens Act— 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–40, 3009–41, pro- ‘‘(1) that supersede the provisions of this subtitle, vided that: ‘‘None of the funds appropriated under this except for sections 206 and 208, for conservation pur- Act or any other Act henceforth may be used to de- poses or to mitigate adverse effects in fisheries or on velop new fishery management plans, amendments, or owners of fewer than three vessels in the directed pol- regulations which create new individual fishing quota lock fishery caused by this title or fishery coopera- programs (whether such quotas are transferable or not) tives in the directed pollock fishery, provided such or to implement any such plans, amendments or regu- measures take into account all factors affecting the lations approved by a Regional Fishery Management fisheries and are imposed fairly and equitably to the Council or the Secretary after January 4, 1995, until extent practicable among and within the sectors in offsetting fees to pay for the cost of administering such the directed pollock fishery; plans, amendments, or regulations are expressly au- ‘‘(2) that supersede the allocation in section 206(a) thorized under the Magnuson-Stevens Fishery Con- for any of the years 2002, 2003, and 2004, upon the find- servation and Management Act (16 U.S.C. 1801 et seq.). ing by such Council that the western Alaska commu- This restriction shall also apply to any program relat- nity development quota program for pollock has been ing to the Gulf of Mexico commercial red snapper fish- adversely affected by the amendments in this sub- ery that authorizes the consolidation of licenses, per- title; or mits or endorsements that result in different trip lim- ‘‘(3) that supersede the criteria required in para- its for vessels in the same class. This restriction shall graph (1) of section 210(b) to be used by the Secretary not apply in any way to the North Pacific halibut and to set the percentage allowed to be harvested by sablefish, South Atlantic wreckfish, or the Mid-Atlan- catcher vessels pursuant to a fishery cooperative tic surfclam and ocean (including mahogany) quohog under such paragraph. individual fishing quota programs. The term ‘individ- ‘‘(d) REPORT TO CONGRESS.—Not later than October 1, ual fishing quota’ does not include a community devel- 2000, the North Pacific Council shall submit a report to opment quota.’’ the Secretary and to Congress on the implementation Similar provisions were contained in the following and effects of this Act [title], including the effects on prior appropriation act: fishery conservation and management, on bycatch lev- Pub. L. 104–134, title I, § 101[(a)] [title II, § 210], Apr. 26, els, on fishing communities, on business and employ- 1996, 110 Stat. 1321, 1321–31; renumbered title I, Pub. L. ment practices of participants in any fishery coopera- 104–140, § 1(a), May 2, 1996, 110 Stat. 1327; repealed by tives, on the western Alaska community development Pub. L. 104–297, title I, § 108(f)(6), Oct. 11, 1996, 110 Stat. quota program, on any fisheries outside of the author- 3579. ity of the North Pacific Council, and such other mat- ters as the North Pacific Council deems appropriate. ALBEMARLE SOUND-ROANOKE RIVER BASIN: STRIPED BASS STUDY ‘‘(e) REPORT ON FILLET PRODUCTION.—Not later than June 1, 2000, the General Accounting Office [now Gov- Pub. L. 100–589, § 5, Nov. 3, 1988, 102 Stat. 2984, related ernment Accountability Office] shall submit a report to to requirement of biological study of striped bass fish- Page 1941 TITLE 16—CONSERVATION § 1852 ery resources and habitats of Albemarle Sound-Roa- authority over the fisheries in the Caribbean noke River basin area and development of short-term Sea and Atlantic Ocean seaward of such States and long-term recommendations for restoring and con- and of commonwealths, territories, and pos- serving these resources and habitats, prior to repeal by sessions of the United States in the Caribbean Pub. L. 105–146, § 3(b), Dec. 16, 1997, 111 Stat. 2677. Sea (except as provided in paragraph (3)). The EXCLUSIVE ECONOMIC ZONE: ATLANTIC STRIPED BASS Caribbean Council shall have 7 voting mem- PROTECTION bers, including 4 appointed by the Secretary in Pub. L. 100–589, § 6(a)–(f), Nov. 3, 1988, 102 Stat. 2986, as accordance with subsection (b)(2) (at least one amended by Pub. L. 102–130, § 4, Oct. 17, 1991, 105 Stat. of whom shall be appointed from each such 627; Pub. L. 104–208, div. A, title I, § 101(a) [title II, State). § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, directed (E) Gulf Council Secretary of Commerce to regulate fishing for Atlantic striped bass in exclusive economic zone determined to The Gulf of Mexico Fishery Management be consistent with national standards set forth in this Council shall consist of the States of Texas, section, prior to repeal by Pub. L. 105–146, § 3(c), Dec. 16, Louisiana, Mississippi, Alabama, and Florida 1997, 111 Stat. 2677. and shall have authority over the fisheries in the Gulf of Mexico seaward of such States (ex- ATLANTIC STRIPED BASS CONSERVATION cept as provided in paragraph (3)). The Gulf Pub. L. 98–613, §§ 1–9, Oct. 31, 1984, 98 Stat. 3187–3190, as Council shall have 17 voting members, includ- amended, formerly set out as a note under this section, ing 11 appointed by the Secretary in accord- was transferred to chapter 71A (§ 5151 et seq.) of this ance with subsection (b)(2) (at least one of title. whom shall be appointed from each such § 1852. Regional Fishery Management Councils State). (F) Pacific Council (a) Establishment The Pacific Fishery Management Council (1) There shall be established, within 120 days shall consist of the States of California, Or- after April 13, 1976, eight Regional Fishery Man- egon, Washington, and Idaho and shall have agement Councils, as follows: authority over the fisheries in the Pacific (A) New England Council Ocean seaward of such States. The Pacific The New England Fishery Management Council shall have 14 voting members, includ- Council shall consist of the States of Maine, ing 8 appointed by the Secretary in accordance New Hampshire, Massachusetts, Rhode Island, with subsection (b)(2) (at least one of whom and Connecticut and shall have authority over shall be appointed from each such State), and the fisheries in the Atlantic Ocean seaward of including one appointed from an Indian tribe such States (except as provided in paragraph with Federally 1 recognized fishing rights from (3)). The New England Council shall have 18 California, Oregon, Washington, or Idaho in voting members, including 12 appointed by the accordance with subsection (b)(5). Secretary in accordance with subsection (b)(2) (G) North Pacific Council (at least one of whom shall be appointed from The North Pacific Fishery Management each such State). Council shall consist of the States of Alaska, (B) Mid-Atlantic Council Washington, and Oregon and shall have au- thority over the fisheries in the Arctic Ocean, The Mid-Atlantic Fishery Management Bering Sea, and Pacific Ocean seaward of Alas- Council shall consist of the States of New ka. The North Pacific Council shall have 11 York, New Jersey, Delaware, Pennsylvania, voting members, including 7 appointed by the Maryland, Virginia, and North Carolina and Secretary in accordance with subsection (b)(2) shall have authority over the fisheries in the (5 of whom shall be appointed from the State Atlantic Ocean seaward of such States (except of Alaska and 2 of whom shall be appointed North Carolina, and as provided in paragraph from the State of Washington). (3)). The Mid-Atlantic Council shall have 21 (H) Western Pacific Council voting members, including 13 appointed by the Secretary in accordance with subsection (b)(2) The Western Pacific Fishery Management (at least one of whom shall be appointed from Council shall consist of the States of Hawaii, each such State). American Samoa, Guam, and the Northern Mariana Islands and shall have authority over (C) South Atlantic Council the fisheries in the Pacific Ocean seaward of The South Atlantic Fishery Management such States and of the Commonwealths, terri- Council shall consist of the States of North tories, and possessions of the United States in Carolina, South Carolina, Georgia, and Florida the Pacific Ocean area. The Western Pacific and shall have authority over the fisheries in Council shall have 13 voting members, includ- the Atlantic Ocean seaward of such States (ex- ing 8 appointed by the Secretary in accordance cept as provided in paragraph (3)). The South with subsection (b)(2) (at least one of whom Atlantic Council shall have 13 voting mem- shall be appointed from each of the following bers, including 8 appointed by the Secretary in States: Hawaii, American Samoa, Guam, and accordance with subsection (b)(2) (at least one the Northern Mariana Islands). of whom shall be appointed from each such (2) Each Council shall reflect the expertise and State). interest of the several constituent States in the (D) Caribbean Council ocean area over which such Council is granted The Caribbean Fishery Management Council authority. shall consist of the Virgin Islands and the Commonwealth of Puerto Rico and shall have 1 So in original. Probably should not be capitalized.