§ 1851. — National standards for fishery conservation and management.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1851]
TITLE 16--CONSERVATION
CHAPTER 38--FISHERY CONSERVATION AND MANAGEMENT
SUBCHAPTER IV--NATIONAL FISHERY MANAGEMENT PROGRAM
Sec. 1851. National standards for fishery conservation and
management
(a) In general
Any fishery management plan prepared, and any regulation promulgated
to implement any such plan, pursuant to this subchapter shall be
consistent with the following national standards for fishery
conservation and management:
(1) Conservation and management measures shall prevent
overfishing while achieving, on a continuing basis, the optimum
yield from each fishery for the United States fishing industry.
(2) Conservation and management measures shall be based upon the
best scientific information available.
(3) To the extent practicable, an individual stock of fish shall
be managed as a unit throughout its range, and interrelated stocks
of fish shall be managed as a unit or in close coordination.
(4) Conservation and management measures shall not discriminate
between residents of different States. If it becomes necessary to
allocate or assign fishing privileges among various United States
fishermen, such allocation shall be (A) fair and equitable to all
such fishermen; (B) reasonably calculated to promote conservation;
and (C) carried out in such manner that no particular individual,
corporation, or other entity acquires an excessive share of such
privileges.
(5) Conservation and management measures shall, where
practicable, consider efficiency in the utilization of fishery
resources; except that no such measure shall have economic
allocation as its sole purpose.
(6) Conservation and management measures shall take into account
and allow for variations among, and contingencies in, fisheries,
fishery resources, and catches.
(7) Conservation and management measures shall, where
practicable, minimize costs and avoid unnecessary duplication.
(8) Conservation and management measures shall, consistent with
the conservation requirements of this chapter (including the
prevention of overfishing and rebuilding of overfished stocks), take
into account the importance of fishery resources to fishing
communities in order to (A) provide for the sustained participation
of such communities, and (B) to the extent practicable, minimize
adverse economic impacts on such communities.
(9) Conservation and management measures shall, to the extent
practicable, (A) minimize bycatch and (B) to the extent bycatch
cannot be avoided, minimize the mortality of such bycatch.
(10) Conservation and management measures shall, to the extent
practicable, promote the safety of human life at sea.
(b) Guidelines
The Secretary shall establish advisory guidelines (which shall not
have the force and effect of law), based on the national standards, to
assist in the development of fishery management plans.
(Pub. L. 94-265, title III, Sec. 301, Apr. 13, 1976, 90 Stat. 346; Pub.
L. 97-453, Sec. 4, Jan. 12, 1983, 96 Stat. 2484; Pub. L. 98-623, title
IV, Sec. 404(3), Nov. 8, 1984, 98 Stat. 3408; Pub. L. 104-297, title I,
Sec. 106, Oct. 11, 1996, 110 Stat. 3570.)
References in Text
This chapter, referred to in subsec. (a)(8), was in the original
``this Act'', meaning Pub. L. 94-265, Apr. 13, 1976, 90 Stat. 331, as
amended, known as the Magnuson-Stevens Fishery Conservation and
Management Act, which is classified principally to this chapter. For
complete classification of this Act to the Code, see Short Title note
set out under section 1801 of this title and Tables.
Amendments
1996--Subsec. (a)(5). Pub. L. 104-297, Sec. 106(a), substituted
``consider efficiency'' for ``promote efficiency''.
Subsec. (a)(8) to (10). Pub. L. 104-297, Sec. 106(b), added pars.
(8) to (10).
1984--Subsec. (a)(1). Pub. L. 98-623 inserted ``for the United
States fishing industry''.
1983--Subsec. (b). Pub. L. 97-453 substituted ``advisory guidelines
(which shall not have the force and effect of law)'' for ``guidelines''.
Short Title of 1997 Amendment
Pub. L. 105-146, Sec. 1, Dec. 16, 1997, 111 Stat. 2672, provided
that: ``This Act [repealing section 757g of this title, amending
provisions set out as notes under this section and listed in a table of
National Wildlife Conservation Areas set out under section 668dd of this
title, and repealing provisions set out as notes under this section] may
be cited as the `Atlantic Striped Bass Conservation Act Amendments of
1997'.''
Implementation of Steller Sea Lion Protective Measures
Pub. L. 106-554, Sec. 1(a)(4) [div. A, Sec. 209], Dec. 21, 2000, 114
Stat. 2763, 2763A-176, provided that:
``(a) Findings.--The Congress finds that--
``(1) the western population of Steller sea lions has
substantially declined over the last 25 years.
``(2) scientists should closely research and analyze all
possible factors relating to such decline, including the possible
interactions between commercial fishing and Steller sea lions and
the localized depletion hypothesis;
``(3) the authority to manage commercial fisheries in Federal
waters lies with the regional councils and the Secretary of Commerce
(hereafter in this section `Secretary') pursuant to the Magnuson-
Stevens Fishery Conservation and Management Act [16 U.S.C. 1801 et
seq.] (hereafter in this section `Magnuson-Stevens Act'); and
``(4) the Secretary of Commerce shall comply with the Magnuson-
Stevens Act when using fishery management plans and regulations to
implement the decisions made pursuant to findings under the
Endangered Species Act [of 1973, 16 U.S.C. 1531 et seq.], and shall
utilize the processes and procedures of the regional fishery
management councils as required by the Magnuson-Stevens Act.
``(b) Independent Scientific Review.--The North Pacific Fishery
Management Council (hereafter in this section `North Pacific Council['])
shall utilize the expertise of the National Academy of Sciences to
conduct an independent scientific review of the November 30, 2000
Biological Opinion for the Bering Sea/Aleutian Islands and Gulf of
Alaska groundfish fisheries (hereafter in this section `Biological
Opinion'), its underlying hypothesis, and the Reasonable and Prudent
Alternatives (hereafter in this section `Alternatives') contained
therein. The Secretary shall cooperate with the independent scientific
review, and the National Academy of Sciences is requested to give its
highest priority to this review.
``(c) Preparation of Fishery Management Plans and Regulations To
Implement Protective Measures in the November 30, 2000 Biological
Opinion.--
``(1) The Secretary of Commerce shall submit to the North
Pacific Council proposed conservation and management measures to
implement the Alternatives contained in the November 30, 2000
Biological Opinion for the Bering Sea/Aleutian Islands and Gulf of
Alaska groundfish fisheries. The North Pacific Council shall prepare
and transmit to the Secretary a fishery management plan amendment or
amendments to implement such Alternatives that are consistent with
the Magnuson-Stevens Act (including requirements in such Act
relating to best available science, bycatch reduction, impacting on
fishing communities, the safety of life at sea, and public comment
and hearings.)
``(2) The Bering Sea/Aleutian Islands and Gulf of Alaska
groundfish fisheries shall be managed in a manner consistent with
the Alternatives contained in the Biological Opinion, except as
otherwise provided in this section. The Alternatives shall become
fully effective no later than January 1, 2002, as revised if
necessary and appropriate based on the independent scientific review
referred to in subsection (b) and other new information, and shall
be phased in in 2001 as described in paragraph (3).
``(3) The 2001 Bering Sea/Aleutian Islands and Gulf of Alaska
groundfish fisheries shall be managed in accordance with the fishery
management plan and Federal regulations in effect for such fisheries
prior to July 15, 2000, including--
``(A) conservative total allowable catch levels;
``(B) no entry zones within three miles of rookeries;
``(C) restricted harvest levels near rookeries and haul-
outs;
``(D) federally-trained observers;
``(E) spatial and temporal harvest restrictions;
``(F) federally-mandated bycatch reduction programs; and
``(G) additional conservation benefits provided through
cooperative fishing arrangements,
and said regulations are hereby restored to full force and effect.
``(4) The Secretary shall amend these regulations by January 20,
2001, after consultation with the North Pacific Council and in a
manner consistent with all law, including the Magnuson-Stevens Act,
and consistent with the Alternatives to the maximum extent
practicable, subject to the other provisions of this subsection.
``(5) The harvest reduction requirement (`Global Control Rule')
shall take effect immediately in any 2001 groundfish fishery in
which it applies, but shall not cause a reduction in the total
allowable catch of any fishery of more than 10 percent.
``(6) In enforcing regulations for the 2001 fisheries, the
Secretary, upon recommendation of the North Pacific Council, may
open critical habitat where needed, adjust seasonal catch levels,
and take other measures as needed to ensure that harvest levels are
sufficient to provide income from these fisheries for small boats
and Alaskan on-shore processors that is no less than in 1999.
``(7) The regulations that are promulgated pursuant to paragraph
(4) shall not be modified in any way other than upon recommendation
of the North Pacific Council, before March 15, 2001.
``(d) Sea Lion Protection Measures.--$20,000,000 is hereby
appropriated to the Secretary of Commerce to remain available until
expended to develop and implement a coordinated, comprehensive research
and recovery program for the Steller sea lion, which shall be designed
to study--
``(1) available prey species;
``(2) predator/prey relationships;
``(3) predation by other marine mammals;
``(4) interactions between fisheries and Steller sea lions,
including the localized depletion theory;
``(5) regime shift, climate change, and other impacts associated
with changing environmental conditions in the North Pacific and
Bering Sea;
``(6) disease;
``(7) juvenile and pup survival rates;
``(8) population counts;
``(9) nutritional stress;
``(10) foreign commercial harvest of sea lions outside the
exclusive economic zone;
``(11) the residual impacts of former government-authorized
Steller sea lion eradication bounty programs; and
``(12) the residual impacts of intentional lethal takes of
Steller sea lions.
Within available funds the Secretary shall implement on a pilot basis
innovative non-lethal measures to protect Steller sea lions from marine
mammal predators including killer whales.
``(e) Economic Disaster Relief.--$30,000,000 is hereby appropriated
to the Secretary of Commerce to make available as a direct payment to
the Southwest Alaska Municipal Conference to distribute to fishing
communities, businesses, community development quota groups,
individuals, and other entities to mitigate the economic losses caused
by Steller sea lion protection measures heretofore incurred; provided
that the President of such organization shall provide a written report
to the Secretary and the House and Senate Appropriations Committee
within 6 months of receipt of these funds.''
Limitation on Fishing Permits
Pub. L. 105-277, div. A, Sec. 101(b) [title VI, Sec. 617], Oct. 21,
1998, 112 Stat. 2681-50, 2681-115, as amended by Pub. L. 106-31, title
III, Sec. 3025, May 21, 1999, 113 Stat. 100, provided that:
``(a) None of the funds made available in this Act or any other Act
hereafter enacted may be used to issue or renew a fishing permit or
authorization for any fishing vessel of the United States greater than
165 feet in registered length, of more than 750 gross registered tons,
or that has an engine or engines capable of producing a total of more
than 3,000 shaft horsepower as specified in the permit application
required under part 648.4(a)(5) of title 50, Code of Federal
Regulations, part 648.12 of title 50, Code of Federal Regulations, and
the authorization required under part 648.80(d)(2) of title 50, Code of
Federal Regulations, to engage in fishing for Atlantic mackerel or
herring (or both) under the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.), unless the regional fishery
management council of jurisdiction recommends after October 21, 1998,
and the Secretary of Commerce approves, conservation and management
measures in accordance with such Act to allow such vessel to engage in
fishing for Atlantic mackerel or herring (or both).
``(b) Any fishing permit or authorization issued or renewed prior to
the date of the enactment of this Act [Oct. 21, 1998] for a fishing
vessel to which the prohibition in subsection (a) applies that would
allow such vessel to engage in fishing for Atlantic mackerel or herring
(or both) during fiscal year 1999 shall be null and void, and none of
the funds made available in this Act [see Tables for classification] may
be used to issue a fishing permit or authorization that would allow a
vessel whose permit or authorization was made null and void pursuant to
this subsection to engage in the catching, taking, or harvesting of fish
in any other fishery within the exclusive economic zone of the United
States.''
Bering Sea Pollock Fishery
Pub. L. 105-277, div. C, title II, subtitle II, Oct. 21, 1998, 112
Stat. 2681-621, as amended by Pub. L. 106-31, title III,
Sec. 3027(a)(2)-(7), May 21, 1999, 113 Stat. 101; Pub. L. 107-20, title
II, Sec. 2202(e)(1), July 24, 2001, 115 Stat. 170; Pub. L. 107-77, title
II, Sec. 211, Nov. 28, 2001, 115 Stat. 779; Pub. L. 107-206, title I,
Sec. 1103, Aug. 2, 2002, 116 Stat. 884, provided that:
``SEC. 205. DEFINITIONS.
``As used in this subtitle--
``(1) the term `Bering Sea and Aleutian Islands Management Area'
has the same meaning as the meaning given for such term in part
679.2 of title 50, Code of Federal Regulations, as in effect on
October 1, 1998;
``(2) the term `catcher/processor' means a vessel that is used
for harvesting fish and processing that fish;
``(3) the term `catcher vessel' means a vessel that is used for
harvesting fish and that does not process pollock onboard;
``(4) the term `directed pollock fishery' means the fishery for
the directed fishing allowances allocated under paragraphs (1), (2),
and (3) of section 206(b);
``(5) the term `harvest' means to commercially engage in the
catching, taking, or harvesting of fish or any activity that can
reasonably be expected to result in the catching, taking, or
harvesting of fish;
``(6) the term `inshore component' means the following
categories that process groundfish harvested in the Bering Sea and
Aleutian Islands Management Area:
``(A) shoreside processors, including those eligible under
section 208(f); and
``(B) vessels less than 125 feet in length overall that
process less than 126 metric tons per week in round-weight
equivalents of an aggregate amount of pollock and Pacific cod;
``(7) the term `Magnuson-Stevens Act' means the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.);
``(8) the term `mothership' means a vessel that receives and
processes fish from other vessels in the exclusive economic zone of
the United States and is not used for, or equipped to be used for,
harvesting fish;
``(9) the term `North Pacific Council' means the North Pacific
Fishery Management Council established under section 302(a)(1)(G) of
the Magnuson-Stevens Act (16 U.S.C. 1852(a)(1)(G));
``(10) the term `offshore component' means all vessels not
included in the definition of `inshore component' that process
groundfish harvested in the Bering Sea and Aleutian Islands
Management Area;
``(11) the term `Secretary' means the Secretary of Commerce; and
``(12) the term `shoreside processor' means any person or vessel
that receives unprocessed fish, except catcher/processors,
motherships, buying stations, restaurants, or persons receiving fish
for personal consumption or bait.
``SEC. 206. ALLOCATIONS.
``(a) Pollock Community Development Quota.--Effective January 1,
1999, 10 percent of the total allowable catch of pollock in the Bering
Sea and Aleutian Islands Management Area shall be allocated as a
directed fishing allowance to the western Alaska community development
quota program established under section 305(i) of the Magnuson-Stevens
Act (16 U.S.C. 1855(i)).
``(b) Inshore/Offshore.--Effective January 1, 1999, the remainder of
the pollock total allowable catch in the Bering Sea and Aleutian Islands
Management Area, after the subtraction of the allocation under
subsection (a) and the subtraction of allowances for the incidental
catch of pollock by vessels harvesting other groundfish species
(including under the western Alaska community development quota program)
shall be allocated as directed fishing allowances as follows--
``(1) 50 percent to catcher vessels harvesting pollock for
processing by the inshore component;
``(2) 40 percent to catcher/processors and catcher vessels
harvesting pollock for processing by catcher/processors in the
offshore component; and
``(3) 10 percent to catcher vessels harvesting pollock for
processing by motherships in the offshore component.
``SEC. 207. BUYOUT.
``(a) Federal Loan.--Under the authority of sections 1111 and 1112
of title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f and
1279g) and notwithstanding the requirements of section 312 of the
Magnuson-Stevens Act (16 U.S.C. 1861a), the Secretary shall, subject to
the availability of appropriations for the cost of the direct loan,
provide up to $75,000,000 through a direct loan obligation for the
payments required under subsection (d).
``(b) Inshore Fee System.--Notwithstanding the requirements of
section 304(d) or 312 of the Magnuson-Stevens Act (16 U.S.C. 1854(d) and
1861a), the Secretary shall establish a fee for the repayment of such
loan obligation which--
``(1) shall be six-tenths (0.6) of one cent for each pound
round-weight of all pollock harvested from the directed fishing
allowance under section 206(b)(1); and
``(2) shall begin with such pollock harvested on or after
January 1, 2000, and continue without interruption until such loan
obligation is fully repaid; and
``(3) shall be collected in accordance with section 312(d)(2)(C)
of the Magnuson-Stevens Act (16 U.S.C. 1861a(d)(2)(C)) and in
accordance with such other conditions as the Secretary establishes.
``(c) Federal Appropriation.--Under the authority of section
312(c)(1)(B) of the Magnuson-Stevens Act (16 U.S.C. 1861a(c)(1)(B)),
there are authorized to be appropriated $20,000,000 for the payments
required under subsection (d).
``(d) Payments.--Subject to the availability of appropriations for
the cost of the direct loan under subsection (a) and funds under
subsection (c), the Secretary shall pay by not later than December 31,
1998--
``(1) up to $90,000,000 to the owner or owners of the catcher/
processors listed in paragraphs (1) through (9) of section 209, in
such manner as the owner or owners, with the concurrence of the
Secretary, agree, except that--
``(A) the portion of such payment with respect to the
catcher/processor listed in paragraph (1) of section 209 shall
be made only after the owner submits a written certification
acceptable to the Secretary that neither the owner nor a
purchaser from the owner intends to use such catcher/processor
outside of the exclusive economic zone of the United States to
harvest any stock of fish (as such term is defined in section 3
of the Magnuson-Stevens Act (16 U.S.C. 1802)) that occurs within
the exclusive economic zone of the United States; and
``(B) the portion of such payment with respect to the
catcher/processors listed in paragraphs (2) through (9) of
section 209 shall be made only after the owner or owners of such
catcher/processors submit a written certification acceptable to
the Secretary that such catcher/processors will be scrapped by
December 31, 2000 and will not, before that date, be used to
harvest or process any fish; and
``(2)(A) if a contract has been filed under section 210(a) by
the catcher/processors listed in section 208(e), $5,000,000 to the
owner or owners of the catcher/processors listed in paragraphs (10)
through (14) of such section in such manner as the owner or owners,
with the concurrence of the Secretary, agree; or
``(B) if such a contract has not been filed by such date,
$5,000,000 to the owners of the catcher vessels eligible under
section 208(b) and the catcher/processors eligible under paragraphs
(1) through (20) of section 208(e), divided based on the amount of
the harvest of pollock in the directed pollock fishery by each such
vessel in 1997 in such manner as the Secretary deems appropriate,
except that any such payments shall be reduced by any obligation to the
federal government that has not been satisfied by such owner or owners
of any such vessels.
``(e) Penalty.--If the catcher/processor under paragraph (1) of
section 209 is used outside of the exclusive economic zone of the United
States to harvest any stock of fish that occurs within the exclusive
economic zone of the United States while the owner who received the
payment under subsection (d)(1)(A) has an ownership interest in such
vessel, or if the catcher/processors listed in paragraphs (2) through
(9) of section 209 are determined by the Secretary not to have been
scrapped by December 31, 2000 or to have been used in a manner
inconsistent with subsection (d)(1)(B), the Secretary may suspend any or
all of the federal permits which allow any vessels owned in whole or in
part by the owner or owners who received payments under subsection
(d)(1) to harvest or process fish within the exclusive economic zone of
the United States until such time as the obligations of such owner or
owners under subsection (d)(1) have been fulfilled to the satisfaction
of the Secretary.
``(f) Program Defined; Maturity.--For the purposes of section 1111
of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f), the fishing
capacity reduction program in this subtitle shall be within the meaning
of the term `program' as defined and used in such section.
Notwithstanding section 1111(b)(4) of such Act (46 U.S.C. App.
1279f(b)(4)), the debt obligation under subsection (a) of this section
may have a maturity not to exceed 30 years.
``(g) Fishery Capacity Reduction Regulations.--The Secretary of
Commerce shall by not later than October 15, 1998 publish proposed
regulations to implement subsections (b), (c), (d), and (e) of section
312 of the Magnuson-Stevens Act (16 U.S.C. 1861a) and sections 1111 and
1112 of title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f
and 1279g).
``SEC. 208. ELIGIBLE VESSELS AND PROCESSORS.
``(a) Catcher Vessels Onshore.--Effective January 1, 2000, only
catcher vessels which are--
``(1) determined by the Secretary--
``(A) to have delivered at least 250 metric tons of pollock;
or
``(B) to be less than 60 feet in length overall and to have
delivered at least 40 metric tons of pollock,
for processing by the inshore component in the directed pollock fishery
in any one of the years 1996 or 1997, or between January 1, 1998 and
September 1, 1998;
``(2) eligible to harvest pollock in the directed pollock
fishery under the license limitation program recommended by the
North Pacific Council and approved by the Secretary; and
``(3) not listed in subsection (b),
shall be eligible to harvest the directed fishing allowance under
section 206(b)(1) pursuant to a federal fishing permit.
``(b) Catcher Vessels to Catcher/Processors.--Effective January 1,
1999, only the following catcher vessels shall be eligible to harvest
the directed fishing allowance under section 206(b)(2) pursuant to a
federal fishing permit:
``(1) AMERICAN CHALLENGER (United States official number
633219);
``(2) FORUM STAR (United States official number 925863);
``(3) MUIR MILACH (United States official number 611524);
``(4) NEAHKAHNIE (United States official number 599534);
``(5) OCEAN HARVESTER (United States official number 549892);
``(6) SEA STORM (United States official number 628959);
``(7) TRACY ANNE (United States official number 904859); and
``(8) any catcher vessel--
``(A) determined by the Secretary to have delivered at least
250 metric tons and at least 75 percent of the pollock it
harvested in the directed pollock fishery in 1997 to catcher/
processors for processing by the offshore component; and
``(B) eligible to harvest pollock in the directed pollock
fishery under the license limitation program recommended by the
North Pacific Council and approved by the Secretary.
``(c) Catcher Vessels to Motherships.--Effective January 1, 2000,
only the following catcher vessels shall be eligible to harvest the
directed fishing allowance under section 206(b)(3) pursuant to a federal
fishing permit:
``(1) ALEUTIAN CHALLENGER (United States official number
603820);
``(2) ALYESKA (United States official number 560237);
``(3) AMBER DAWN (United States official number 529425);
``(4) AMERICAN BEAUTY (United States official number 613847);
``(5) CALIFORNIA HORIZON (United States official number 590758);
``(6) MAR-GUN (United States official number 525608);
``(7) MARGARET LYN (United States official number 615563);
``(8) MARK I (United States official number 509552);
``(9) MISTY DAWN (United States official number 926647);
``(10) NORDIC FURY (United States official number 542651);
``(11) OCEAN LEADER (United States official number 561518);
``(12) OCEANIC (United States official number 602279);
``(13) PACIFIC ALLIANCE (United States official number 612084);
``(14) PACIFIC CHALLENGER (United States official number
518937);
``(15) PACIFIC FURY (United States official number 561934);
``(16) PAPADO II (United States official number 536161);
``(17) TRAVELER (United States official number 929356);
``(18) VESTERAALEN (United States official number 611642);
``(19) WESTERN DAWN (United States official number 524423); and
``(20) any vessel--
``(A) determined by the Secretary to have delivered at least
250 metric tons of pollock for processing by motherships in the
offshore component of the directed pollock fishery in any one of
the years 1996 or 1997, or between January 1, 1998 and September
1, 1998;
``(B) eligible to harvest pollock in the directed pollock
fishery under the license limitation program recommended by the
North Pacific Council and approved by the Secretary; and
``(C) not listed in subsection (b).
``(d) Motherships.--Effective January 1, 2000, only the following
motherships shall be eligible to process the directed fishing allowance
under section 206(b)(3) pursuant to a federal fishing permit:
``(1) EXCELLENCE (United States official number 967502);
``(2) GOLDEN ALASKA (United States official number 651041); and
``(3) OCEAN PHOENIX (United States official number 296779).
``(e) Catcher/Processors.--Effective January 1, 1999, only the
following catcher/processors shall be eligible to harvest the directed
fishing allowance under section 206(b)(2) pursuant to a federal fishing
permit:
``(1) AMERICAN DYNASTY (United States official number 951307);
``(2) KATIE ANN (United States official number 518441);
``(3) AMERICAN TRIUMPH (United States official number 646737);
``(4) NORTHERN EAGLE (United States official number 506694);
``(5) NORTHERN HAWK (United States official number 643771);
``(6) NORTHERN JAEGER (United States official number 521069);
``(7) OCEAN ROVER (United States official number 552100);
``(8) ALASKA OCEAN (United States official number 637856);
``(9) ENDURANCE (United States official number 592206);
``(10) AMERICAN ENTERPRISE (United States official number
594803);
``(11) ISLAND ENTERPRISE (United States official number 610290);
``(12) KODIAK ENTERPRISE (United States official number 579450);
``(13) SEATTLE ENTERPRISE (United States official number
904767);
``(14) US ENTERPRISE (United States official number 921112);
``(15) ARCTIC STORM (United States official number 903511);
``(16) ARCTIC FJORD (United States official number 940866);
``(17) NORTHERN GLACIER (United States official number 663457);
``(18) PACIFIC GLACIER (United States official number 933627);
``(19) HIGHLAND LIGHT (United States official number 577044);
``(20) STARBOUND (United States official number 944658); and
``(21) any catcher/processor not listed in this subsection and
determined by the Secretary to have harvested more than 2,000 metric
tons of the pollock in the 1997 directed pollock fishery and
determined to be eligible to harvest pollock in the directed pollock
fishery under the license limitation program recommended by the
North Pacific Council and approved by the Secretary, except that
catcher/processors eligible under this paragraph shall be prohibited
from harvesting in the aggregate a total of more than one-half (0.5)
of a percent of the pollock apportioned for the directed pollock
fishery under section 206(b)(2).
Notwithstanding section 213(a), failure to satisfy the requirements of
section 4(a) of the Commercial Fishing Industry Vessel Anti-Reflagging
Act of 1987 (Public Law 100-239; 46 U.S.C. 12108 note) shall not make a
catcher/processor listed under this subsection ineligible for a fishery
endorsement.
``(f) Shoreside Processors.--(1) Effective January 1, 2000 and
except as provided in paragraph (2), the catcher vessels eligible under
subsection (a) may deliver pollock harvested from the directed fishing
allowance under section 206(b)(1) only to--
``(A) shoreside processors (including vessels in a single
geographic location in Alaska State waters) determined by the
Secretary to have processed more than 2,000 metric tons round-weight
of pollock in the inshore component of the directed pollock fishery
during each of 1996 and 1997; and
``(B) shoreside processors determined by the Secretary to have
processed pollock in the inshore component of the directed pollock
fishery in 1996 or 1997, but to have processed less than 2,000
metric tons round-weight of such pollock in each year, except that
effective January 1, 2000, each such shoreside processor may not
process more than 2,000 metric tons round-weight from such directed
fishing allowance in any year.
``(2) Upon recommendation by the North Pacific Council, the
Secretary may approve measures to allow catcher vessels eligible under
subsection (a) to deliver pollock harvested from the directed fishing
allowance under section 206(b)(1) to shoreside processors not eligible
under paragraph (1) if the total allowable catch for pollock in the
Bering Sea and Aleutian Islands Management Area increases by more than
10 percent above the total allowable catch in such fishery in 1997, or
in the event of the actual total loss or constructive total loss of a
shoreside processor eligible under paragraph (1)(A).
``(g) Replacement Vessels.--In the event of the actual total loss or
constructive total loss of a vessel eligible under subsections (a), (b),
(c), (d), or (e), the owner of such vessel may replace such vessel with
a vessel which shall be eligible in the same manner under that
subsection as the eligible vessel, provided that--
``(1) such loss was caused by an act of God, an act of war, a
collision, an act or omission of a party other than the owner or
agent of the vessel, or any other event not caused by the willful
misconduct of the owner or agent;
``(2) the replacement vessel was built in the United States and
if ever rebuilt, was rebuilt in the United States;
``(3) the fishery endorsement for the replacement vessel is
issued within 36 months of the end of the last year in which the
eligible vessel harvested or processed pollock in the directed
pollock fishery;
``(4) if the eligible vessel is greater than 165 feet in
registered length, of more than 750 gross registered tons (as
measured under chapter 145 of title 46 [United States Code]) or
1,900 gross registered tons [(]as measured under chapter 143 of that
title), or has engines capable of producing more than 3,000 shaft
horsepower, the replacement vessel is of the same or lesser
registered length, gross registered tons, and shaft horsepower;
``(5) if the eligible vessel is less than 165 feet in registered
length, of fewer than 750 gross registered tons, and has engines
incapable of producing less than 3,000 shaft horsepower, the
replacement vessel is less than each of such thresholds and does not
exceed by more than 10 percent the registered length, gross
registered tons or shaft horsepower of the eligible vessel; and
``(6) the replacement vessel otherwise qualifies under federal
law for a fishery endorsement, including under section 12102(c) of
title 46, United States Code, as amended by this Act.
``(h) Eligibility During Implementation.--In the event the Secretary
is unable to make a final determination about the eligibility of a
vessel under subsection (b)(8) or subsection (e)(21) before January 1,
1999, or a vessel or shoreside processor under subsection (a),
subsection (c)(21), or subsection (f) before January 1, 2000, such
vessel or shoreside processor, upon the filing of an application for
eligibility, shall be eligible to participate in the directed pollock
fishery pending final determination by the Secretary with respect to
such vessel or shoreside processor.
``(i) Eligibility Not a Right.--Eligibility under this section shall
not be construed--
``(1) to confer any right of compensation, monetary or
otherwise, to the owner of any catcher vessel, catcher/processor,
mothership, or shoreside processor if such eligibility is revoked or
limited in any way, including through the revocation or limitation
of a fishery endorsement or any federal permit or license;
``(2) to create any right, title, or interest in or to any fish
in any fishery; or
``(3) to waive any provision of law otherwise applicable to such
catcher vessel, catcher/processor, mothership, or shoreside
processor.
``SEC. 209. LIST OF INELIGIBLE VESSELS.
``Effective December 31, 1998, the following vessels shall be
permanently ineligible for fishery endorsements, and any claims
(including relating to catch history) associated with such vessels that
could qualify any owners of such vessels for any present or future
limited access system permit in any fishery within the exclusive
economic zone of the United States (including a vessel moratorium permit
or license limitation program permit in fisheries under the authority of
the North Pacific Council) are hereby extinguished:
``(1) AMERICAN EMPRESS (United States official number 942347);
``(2) PACIFIC SCOUT (United States official number 934772);
``(3) PACIFIC EXPLORER (United States official number 942592);
``(4) PACIFIC NAVIGATOR (United States official number 592204);
``(5) VICTORIA ANN (United States official number 592207);
``(6) ELIZABETH ANN (United States official number 534721);
``(7) CHRISTINA ANN (United States official number 653045);
``(8) REBECCA ANN (United States official number 592205); and
``(9) BROWNS POINT (United States official number 587440).
``SEC. 210. FISHERY COOPERATIVE LIMITATIONS.
``(a) Public Notice.--(1) Any contract implementing a fishery
cooperative under section 1 of the Act of June 25, 1934 (15 U.S.C. 521)
in the directed pollock fishery and any material modifications to any
such contract shall be filed not less than 30 days prior to the start of
fishing under the contract with the North Pacific Council and with the
Secretary, together with a copy of a letter from a party to the contract
requesting a business review letter on the fishery cooperative from the
Department of Justice and any response to such request. Notwithstanding
section 402 of the Magnuson-Stevens Act (16 U.S.C. 1881a) or any other
provision of law, but taking into account the interest of parties to any
such contract in protecting the confidentiality of proprietary
information, the North Pacific Council and Secretary shall--
``(A) make available to the public such information about the
contract, contract modifications, or fishery cooperative the North
Pacific Council and Secretary deem appropriate, which at a minimum
shall include a list of the parties to the contract, a list of the
vessels involved, and the amount of pollock and other fish to be
harvested by each party to such contract; and
``(B) make available to the public in such manner as the North
Pacific Council and Secretary deem appropriate information about the
harvest by vessels under a fishery cooperative of all species
(including bycatch) in the directed pollock fishery on a vessel-by-
vessel basis.
``(b) Catcher Vessels Onshore.--
``(1) Catcher vessel cooperatives.--Effective January 1, 2000,
upon the filing of a contract implementing a fishery cooperative
under subsection (a) which--
``(A) is signed by the owners of 80 percent or more of the
qualified catcher vessels that delivered pollock for processing
by a shoreside processor in the directed pollock fishery in the
year prior to the year in which the fishery cooperative will be
in effect; and
``(B) specifies, except as provided in paragraph (6), that
such catcher vessels will deliver pollock in the directed
pollock fishery only to such shoreside processor during the year
in which the fishery cooperative will be in effect and that such
shoreside processor has agreed to process such pollock,
the Secretary shall allow only such catcher vessels (and catcher vessels
whose owners voluntarily participate pursuant to paragraph (2)) to
harvest the aggregate percentage of the directed fishing allowance under
section 206(b)(1) in the year in which the fishery cooperative will be
in effect that is equivalent to the aggregate total amount of pollock
harvested by such catcher vessels (and by such catcher vessels whose
owners voluntarily participate pursuant to paragraph (2)) in the
directed pollock fishery for processing by the inshore component during
1995, 1996, and 1997 relative to the aggregate total amount of pollock
harvested in the directed pollock fishery for processing by the inshore
component during such years and shall prevent such catcher vessels (and
catcher vessels whose owners voluntarily participate pursuant to
paragraph (2)) from harvesting in aggregate in excess of such percentage
of such directed fishing allowance.
``(2) Voluntary participation.--Any contract implementing a
fishery cooperative under paragraph (1) must allow the owners of
other qualified catcher vessels to enter into such contract after it
is filed and before the calender year in which fishing will begin
under the same terms and conditions as the owners of the qualified
catcher vessels who entered into such contract upon filing.
``(3) Qualified catcher vessel.--For the purposes of this
subsection, a catcher vessel shall be considered a `qualified
catcher vessel' if, during the year prior to the year in which the
fishery cooperative will be in effect, it delivered more pollock to
the shoreside processor to which it will deliver pollock under the
fishery cooperative in paragraph (1) than to any other shoreside
processor.
``(4) Consideration of certain vessels.--Any contract
implementing a fishery cooperative under paragraph (1) which has
been entered into by the owner of a qualified catcher vessel
eligible under section 208(a) that harvested pollock for processing
by catcher/processors or motherships in the directed pollock fishery
during 1995, 1996, and 1997 shall, to the extent practicable,
provide fair and equitable terms and conditions for the owner of
such qualified catcher vessel.
``(5) Open access.--A catcher vessel eligible under section
208(a) the catch history of which has not been attributed to a
fishery cooperative under paragraph (1) may be used to deliver
pollock harvested by such vessel from the directed fishing allowance
under section 206(b)(1) (other than pollock reserved under paragraph
(1) for a fishery cooperative) to any of the shoreside processors
eligible under section 208(f). A catcher vessel eligible under
section 208(a) the catch history of which has been attributed to a
fishery cooperative under paragraph (1) during any calendar year may
not harvest any pollock apportioned under section 206(b)(1) in such
calendar year other than the pollock reserved under paragraph (1)
for such fishery cooperative.
``(6) Transfer of cooperative harvest.--A contract implementing
a fishery cooperative under paragraph (1) may, notwithstanding the
other provisions of this subsection, provide for up to 10 percent of
the pollock harvested under such cooperative to be processed by a
shoreside processor eligible under section 208(f) other than the
shoreside processor to which pollock will be delivered under
paragraph (1).
``(c) Catcher Vessels to Catcher/Processors.--Effective January 1,
1999, not less than 8.5 percent of the directed fishing allowance under
section 206(b)(2) shall be available for harvest only by the catcher
vessels eligible under section 208(b). The owners of such catcher
vessels may participate in a fishery cooperative with the owners of the
catcher/processors eligible under paragraphs (1) through (20) of the
section 208(e). The owners of such catcher vessels may participate in a
fishery cooperative that will be in effect during 1999 only if the
contract implementing such cooperative establishes penalties to prevent
such vessels from exceeding in 1999 the traditional levels harvested by
such vessels in all other fisheries in the exclusive economic zone of
the United States.
``(d) Catcher Vessels to Motherships.--
``(1) Processing.--Effective January 1, 2000, the authority in
section 1 of the Act of June 25, 1934 (48 Stat. 1213 and 1214; 15
U.S.C. 521 et seq.) shall extend to processing by motherships
eligible under section 208(d) solely for the purposes of forming or
participating in a fishery cooperative in the directed pollock
fishery upon the filing of a contract to implement a fishery
cooperative under subsection (a) which has been entered into by the
owners of 80 percent or more of the catcher vessels eligible under
section 208(c) for the duration of such contract, provided that such
owners agree to the terms of the fishery cooperative involving
processing by the motherships.
``(2) Voluntary participation.--Any contract implementing a
fishery cooperative described in paragraph (1) must allow the owners
of any other catcher vessels eligible under section 208(c) to enter
such contract after it is filed and before the calendar year in
which fishing will begin under the same terms and conditions as the
owners of the catcher vessels who entered into such contract upon
filing.
``(e) Excessive Shares.--
``(1) Harvesting.--No particular individual, corporation, or
other entity may harvest, through a fishery cooperative or
otherwise, a total of more than 17.5 percent of the pollock
available to be harvested in the directed pollock fishery.
``(2) Processing.--Under the authority of section 301(a)(4) of
the Magnuson-Stevens Act (16 U.S.C. 1851(a)(4)), the North Pacific
Council is directed to recommend for approval by the Secretary
conservation and management measures to prevent any particular
individual or entity from processing an excessive share of the
pollock available to be harvested in the directed pollock fishery.
In the event the North Pacific Council recommends and the Secretary
approves an excessive processing share that is lower than 17.5
percent, any individual or entity that previously processed a
percentage greater than such share shall be allowed to continue to
process such percentage, except that their percentage may not exceed
17.5 percent (excluding pollock processed by catcher/processors that
was harvested in the directed pollock fishery by catcher vessels
eligible under 208(b)) and shall be reduced if their percentage
decreases, until their percentage is below such share. In
recommending the excessive processing share, the North Pacific
Council shall consider the need of catcher vessels in the directed
pollock fishery to have competitive buyers for the pollock harvested
by such vessels.
``(3) Review by maritime administration.--At the request of the
North Pacific Council or the Secretary, any individual or entity
believed by such Council or the Secretary to have exceeded the
percentage in either paragraph (1) or (2) shall submit such
information to the Administrator of the Maritime Administration as
the Administrator deems appropriate to allow the Administrator to
determine whether such individual or entity has exceeded either such
percentage. The Administrator shall make a finding as soon as
practicable upon such request and shall submit such finding to the
North Pacific Council and the Secretary. For the purposes of this
subsection, any entity in which 10 percent or more of the interest
is owned or controlled by another individual or entity shall be
considered to be the same entity as the other individual or entity.
``(f) Landing Tax Jurisdiction.--Any contract filed under subsection
(a) shall include a contract clause under which the parties to the
contract agree to make payments to the State of Alaska for any pollock
harvested in the directed pollock fishery which is not landed in the
State of Alaska, in amounts which would otherwise accrue had the pollock
been landed in the State of Alaska subject to any landing taxes
established under Alaska law. Failure to include such a contract clause
or for such amounts to be paid shall result in a revocation of the
authority to form fishery cooperatives under section 1 of the Act of
June 25, 1934 (15 U.S.C. 521 et seq.).
``(g) Penalties.--The violation of any of the requirements of this
subtitle or any regulation or permit issued pursuant to this subtitle
shall be considered the commission of an act prohibited by section 307
of the Magnuson-Stevens Act (16 U.S.C. 1857), and sections 308, 309,
310, and 311 of such Act (16 U.S.C. 1858, 1859, 1860, and 1861) shall
apply to any such violation in the same manner as to the commission of
an act prohibited by section 307 of such Act (16 U.S.C. 1857). In
addition to the civil penalties and permit sanctions applicable to
prohibited acts under section 308 of such Act (16 U.S.C. 1858), any
person who is found by the Secretary, after notice and an opportunity
for a hearing in accordance with section 554 of title 5, United States
Code, to have violated a requirement of this section shall be subject to
the forfeiture to the Secretary of Commerce of any fish harvested or
processed during the commission of such act.
``SEC. 211. PROTECTIONS FOR OTHER FISHERIES; CONSERVATION MEASURES.
``(a) General.--The North Pacific Council shall recommend for
approval by the Secretary such conservation and management measures as
it determines necessary to protect other fisheries under its
jurisdiction and the participants in those fisheries, including
processors, from adverse impacts caused by this Act [probably should be
``this title'', see Tables for classification] or fishery cooperatives
in the directed pollock fishery.
``(b) Catcher/Processor Restrictions.--
``(1) General.--The restrictions in this subsection shall take
effect on January 1, 1999 and shall remain in effect thereafter
except that they may be superceded (with the exception of paragraph
(4)) by conservation and management measures recommended after the
date of the enactment of this Act [Oct. 21, 1998] by the North
Pacific Council and approved by the Secretary in accordance with the
Magnuson-Stevens Act.
``(2) Bering sea fishing.--The catcher/processors eligible under
paragraphs (1) through (20) of section 208(e) are hereby prohibited
from, in the aggregate--
``(A) exceeding the percentage of the harvest available in
the offshore component of any Bering Sea and Aleutian Islands
groundfish fishery (other than the pollock fishery) that is
equivalent to the total harvest by such catcher/processors and
the catcher/processors listed in section 209 in the fishery in
1995, 1996, and 1997 relative to the total amount available to
be harvested by the offshore component in the fishery in 1995,
1996, and 1997;
``(B) exceeding the percentage of the prohibited species
available in the offshore component of any Bering Sea and
Aleutian Islands groundfish fishery (other than the pollock
fishery) that is equivalent to the total of the prohibited
species harvested by such catcher/processors and the catcher/
processors listed in section 209 in the fishery in 1995, 1996,
and 1997 relative to the total amount of prohibited species
available to be harvested by the offshore component in the
fishery in 1995, 1996, and 1997; and
``(C) fishing for Atka mackerel in the eastern area of the
Bering Sea and Aleutian Islands and from exceeding the following
percentages of the directed harvest available in the Bering Sea
and Aleutian Islands Atka mackerel fishery--
``(i) 11.5 percent in the central area; and
``(ii) 20 percent in the western area.
``(3) Bering sea processing.--The catcher/processors eligible
under paragraphs (1) through (20) of section 208(e) are hereby
prohibited from--
``(A) processing any of the directed fishing allowances
under paragraphs (1) or (3) of section 206(b); and
``(B) processing any species of crab harvested in the Bering
Sea and Aleutian Islands Management Area.
``(4) Gulf of alaska.--The catcher/processors eligible under
paragraphs (1) through (20) of section 208(e) are hereby prohibited
from--
``(A) harvesting any fish in the Gulf of Alaska;
``(B) processing any groundfish harvested from the portion
of the exclusive economic zone off Alaska known as area 630
under the fishery management plan for Gulf of Alaska groundfish;
or
``(C) processing any pollock in the Gulf of Alaska (other
than as bycatch in non-pollock groundfish fisheries) or
processing, in the aggregate, a total of more than 10 percent of
the cod harvested from areas 610, 620, and 640 of the Gulf of
Alaska under the fishery management plan for Gulf of Alaska
groundfish.
``(5) Fisheries other than north pacific.--The catcher/
processors eligible under paragraphs (1) through (20) of section
208(e) and motherships eligible under section 208(d) are hereby
prohibited from harvesting fish in any fishery under the authority
of any regional fishery management council established under section
302(a) of the Magnuson-Stevens Act (16 U.S.C. 1852(a)) other than
the North Pacific Council, except for the Pacific whiting fishery,
and from processing fish in any fishery under the authority of any
such regional fishery management council other than the North
Pacific Council, except in the Pacific whiting fishery, unless the
catcher/processor or mothership is authorized to harvest or process
fish under a fishery management plan recommended by the regional
fishery management council of jurisdiction and approved by the
Secretary.
``(6) Observers and scales.--The catcher/processors eligible
under paragraphs (1) through (20) of section 208(e) shall--
``(A) have two observers onboard at all times while
groundfish is being harvested, processed, or received from
another vessel in any fishery under the authority of the North
Pacific Council; and
``(B) weigh its catch on a scale onboard approved by the
National Marine Fisheries Service while harvesting groundfish in
fisheries under the authority of the North Pacific Council.
This paragraph shall take effect on January 1, 1999 for catcher/
processors eligible under paragraphs (1) through (20) of section
208(e) that will harvest pollock allocated under section 206(a) in
1999, and shall take effect on January 1, 2000 for all other
catcher/processors eligible under such paragraphs of section 208(e).
``(c) Catcher Vessel and Shoreside Processor Restrictions.--
``(1) Required council recommendations.--By not later than July
1, 1999, the North Pacific Council shall recommend for approval by
the Secretary conservation and management measures to--
``(A) prevent the catcher vessels eligible under subsections
(a), (b), and (c) of section 208 from exceeding in the aggregate
the traditional harvest levels of such vessels in other
fisheries under the authority of the North Pacific Council as a
result of fishery cooperatives in the directed pollock fishery;
and
``(B) protect processors not eligible to participate in the
directed pollock fishery from adverse effects as a result of
this Act or fishery cooperatives in the directed pollock
fishery.
If the North Pacific Council does not recommend such conservation
and management measures by such date, or if the Secretary determines
that such conservation and management measures recommended by the
North Pacific Council are not adequate to fulfill the purposes of
this paragraph, the Secretary may by regulation restrict or change
the authority in section 210(b) to the extent the Secretary deems
appropriate, including by preventing fishery cooperatives from being
formed pursuant to such section and by providing greater flexibility
with respect to the shoreside processor or shoreside processors to
which catcher vessels in a fishery cooperative under section 210(b)
may deliver pollock.
``(2) Bering sea crab and groundfish.--
``(A) Effective January 1, 2000, the owners of the
motherships eligible under section 208(d) and the shoreside
processors eligible under section 208(f) that receive pollock
from the directed pollock fishery under a fishery cooperative
are hereby prohibited from processing, in the aggregate for each
calendar year, more than the percentage of the total catch of
each species of crab in directed fisheries under the
jurisdiction of the North Pacific Council than facilities
operated by such owners processed of each such species in the
aggregate, on average, in 1995, 1996, 1997. For the purposes of
this subparagraph, the term `facilities' means any processing
plant, catcher/processor, mothership, floating processor, or any
other operation that processes fish. Any entity in which 10
percent or more of the interest is owned or controlled by
another individual or entity shall be considered to be the same
entity as the other individual or entity for the purposes of
this subparagraph.
``(B) Under the authority of section 301(a)(4) of the
Magnuson-Stevens Act (16 U.S.C. 1851(a)(4)), the North Pacific
Council is directed to recommend for approval by the Secretary
conservation and management measures to prevent any particular
individual or entity from harvesting or processing an excessive
share of crab or of groundfish in fisheries in the Bering Sea
and Aleutian Islands Management Area.
``(C) The catcher vessels eligible under section 208(b) are
hereby prohibited from participating in a directed fishery for
any species of crab in the Bering Sea and Aleutian Islands
Management Area unless the catcher vessel harvested crab in the
directed fishery for that species of crab in such Area during
1997 and is eligible to harvest such crab in such directed
fishery under the license limitation program recommended by the
North Pacific Council and approved by the Secretary. The North
Pacific Council is directed to recommend measures for approval
by the Secretary to eliminate latent licenses under such
program, and nothing in this subparagraph shall preclude the
Council from recommending measures more restrictive than under
this paragraph.
``(3) Fisheries other than north pacific.--
``(A) By not later than July 1, 2000, the Pacific Fishery
Management Council established under section 302(a)(1)(F) of the
Magnuson-Stevens Act (16 U.S.C. 1852(a)(1)(F)) shall recommend
for approval by the Secretary conservation and management
measures to protect fisheries under its jurisdiction and the
participants in those fisheries from adverse impacts caused by
this Act [probably should be ``this title'', see Tables for
classification] or by any fishery cooperatives in the directed
pollock fishery.
``(B) If the Pacific Council does not recommend such
conservation and management measures by such date, or if the
Secretary determines that such conservation and management
measures recommended by the Pacific Council are not adequate to
fulfill the purposes of this paragraph, the Secretary may by
regulation implement adequate measures including, but not
limited to, restrictions on vessels which harvest pollock under
a fishery cooperative which will prevent such vessels from
harvesting Pacific groundfish, and restrictions on the number of
processors eligible to process Pacific groundfish.
``(d) Bycatch Information.--Notwithstanding section 402 of the
Magnuson-Stevens Act (16 U.S.C. 1881a), the North Pacific Council may
recommend and the Secretary may approve, under such terms and conditions
as the North Pacific Council and Secretary deem appropriate, the public
disclosure of any information from the groundfish fisheries under the
authority of such Council that would be beneficial in the implementation
of section 301(a)(9) or section 303(a)(11) of the Magnuson-Stevens Act
(16 U.S.C. 1851(a)(9) and 1853(a)(11)).
``(e) Community Development Loan Program.--Under the authority of
title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1271 et seq.),
and subject to the availability of appropriations, the Secretary is
authorized to provide direct loan obligations to communities eligible to
participate in the western Alaska community development quota program
established under 304(i) [305(i)] of the Magnuson-Stevens Act (16 U.S.C.
1855(i)) for the purposes of purchasing all or part of an ownership
interest in vessels and shoreside processors eligible under subsections
(a), (b), (c), (d), (e), or (f) of section 208. Notwithstanding the
eligibility criteria in section 208(a) and section 208(c), the LISA
MARIE (United States official number 1038717) shall be eligible under
such sections in the same manner as other vessels eligible under such
sections.
``SEC. 212. RESTRICTION ON FEDERAL LOANS.
``[Amended section 302(b) of Pub. L. 104-297, set out as a note
under section 1274 of Title 46, Appendix, Shipping.]
``SEC. 213. DURATION.
``(a) General.--Except as otherwise provided in this title [see
Tables for classification], the provisions of this title shall take
effect upon the date of the enactment of this Act [Oct. 21, 1998]. There
are authorized to be appropriated $6,700,000 per year to carry out the
provisions of this Act [probably should be ``this title'', see Tables
for classification] through fiscal year 2004.
``(b) Existing Authority.--Except for the measures required by this
subtitle [this note], nothing in this subtitle shall be construed to
limit the authority of the North Pacific Council or the Secretary under
the Magnuson-Stevens Act.
``(c) Changes to Fishery Cooperative Limitations and Pollock CDQ
Allocation.--The North Pacific Council may recommend and the Secretary
may approve conservation and management measures in accordance with the
Magnuson-Stevens Act--
``(1) that supersede the provisions of this subtitle, except for
sections 206 and 208, for conservation purposes or to mitigate
adverse effects in fisheries or on owners of fewer than three
vessels in the directed pollock fishery caused by this title or
fishery cooperatives in the directed pollock fishery, provided such
measures take into account all factors affecting the fisheries and
are imposed fairly and equitably to the extent practicable among and
within the sectors in the directed pollock fishery;
``(2) that supersede the allocation in section 206(a) for any of
the years 2002, 2003, and 2004, upon the finding by such Council
that the western Alaska community development quota program for
pollock has been adversely affected by the amendments in this
subtitle; or
``(3) that supersede the criteria required in paragraph (1) of
section 210(b) to be used by the Secretary to set the percentage
allowed to be harvested by catcher vessels pursuant to a fishery
cooperative under such paragraph.
``(d) Report to Congress.--Not later than October 1, 2000, the North
Pacific Council shall submit a report to the Secretary and to Congress
on the implementation and effects of this Act [title], including the
effects on fishery conservation and management, on bycatch levels, on
fishing communities, on business and employment practices of
participants in any fishery cooperatives, on the western Alaska
community development quota program, on any fisheries outside of the
authority of the North Pacific Council, and such other matters as the
North Pacific Council deems appropriate.
``(e) Report on Fillet Production.--Not later than June 1, 2000, the
General Accounting Office shall submit a report to the North Pacific
Council, the Secretary, and the Congress on whether this Act has
negatively affected the market for fillets and fillet blocks, including
through the reduction in the supply of such fillets and fillet blocks.
If the report determines that such market has been negatively affected,
the North Pacific Council shall recommend measures for the Secretary's
approval to mitigate any negative effects.
``(f) Severability.--If any provision of this title, an amendment
made by this title, or the application of such provision or amendment to
any person or circumstance is held to be unconstitutional, the remainder
of this title, the amendments made by this title, and the application of
the provisions of such to any person or circumstance shall not be
affected thereby.
``(g) International Agreements.--In the event that any provision of
section 12102(c) or section 31322(a) of title 46, United States Code, as
amended by this Act, is determined to be inconsistent with an existing
international agreement relating to foreign investment to which the
United States is a party with respect to the owner or mortgagee on [sic]
of a vessel with a fishery endorsement, such provision shall not apply
to that owner or mortgagee with respect to their ownership or mortgage
interest in such vessel on that date to the extent of any such
inconsistency. The provisions of section 12102(c) and section 31322(a)
of title 46, United States Code, as amended by this Act, shall apply to
all subsequent owners and mortgagees of such vessel, and shall apply,
notwithstanding the preceding sentence, to the owner on [sic] of such
vessel if any ownership interest in that owner is transferred to or
otherwise acquired by a foreign individual or entity after or if the
percentage of foreign ownership in the vessel is increased after the
effective date of this subsection [July 24, 2001].''
[Pub. L. 107-20, title II, Sec. 2202(e)(2), July 24, 2001, 115 Stat.
170, provided that: ``Section 213(g) of the American Fisheries Act
(Public Law 105-277, division C, title II) [set out above] shall take
effect on the date of enactment of this Act [July 24, 2001].'']
Restriction on Funding Certain New Fishery Management Plans, Amendments
or Regulations
Pub. L. 104-208, div. A, title I, Sec. 101(a) [title II, Secs. 208,
211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-40, 3009-41, provided
that: ``None of the funds appropriated under this Act or any other Act
henceforth may be used to develop new fishery management plans,
amendments, or regulations which create new individual fishing quota
programs (whether such quotas are transferable or not) or to implement
any such plans, amendments or regulations approved by a Regional Fishery
Management Council or the Secretary after January 4, 1995, until
offsetting fees to pay for the cost of administering such plans,
amendments, or regulations are expressly authorized under the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.). This restriction shall also apply to any program relating to the
Gulf of Mexico commercial red snapper fishery that authorizes the
consolidation of licenses, permits or endorsements that result in
different trip limits for vessels in the same class. This restriction
shall not apply in any way to the North Pacific halibut and sablefish,
South Atlantic wreckfish, or the Mid-Atlantic surfclam and ocean
(including mahogany) quohog individual fishing quota programs. The term
`individual fishing quota' does not include a community development
quota.''
Similar provisions were contained in the following prior
appropriation act:
Pub. L. 104-134, title I, Sec. 101[(a)] [title II, Sec. 210], Apr.
26, 1996, 110 Stat. 1321, 1321-31; renumbered title I, Pub. L. 104-140,
Sec. 1(a), May 2, 1996, 110 Stat. 1327; repealed by Pub. L. 104-297,
title I, Sec. 108(f)(6), Oct. 11, 1996, 110 Stat. 3579.
Albemarle Sound-Roanoke River Basin: Striped Bass Study
Pub. L. 100-589, Sec. 5, Nov. 3, 1988, 102 Stat. 2984, related to
requirement of biological study of striped bass fishery resources and
habitats of Albemarle Sound-Roanoke River basin area and development of
short-term and long-term recommendations for restoring and conserving
these resources and habitats, prior to repeal by Pub. L. 105-146,
Sec. 3(b), Dec. 16, 1997, 111 Stat. 2677.
Exclusive Economic Zone: Atlantic Striped Bass Protection
Pub. L. 100-589, Sec. 6(a)-(f), Nov. 3, 1988, 102 Stat. 2986, as
amended by Pub. L. 102-130, Sec. 4, Oct. 17, 1991, 105 Stat. 627; Pub.
L. 104-208, div. A, title I, Sec. 101(a) [title II, Sec. 211(b)], Sept.
30, 1996, 110 Stat. 3009, 3009-41, directed Secretary of Commerce to
regulate fishing for Atlantic striped bass in exclusive economic zone
determined to be consistent with national standards set forth in this
section, prior to repeal by Pub. L. 105-146, Sec. 3(c), Dec. 16, 1997,
111 Stat. 2677.
Atlantic Striped Bass Conservation
Pub. L. 98-613, Secs. 1-9, Oct. 31, 1984, 98 Stat. 3187-3190, as
amended, formerly set out as a note under this section, was transferred
to chapter 71A (Sec. 5151 et seq.) of this title.
Section Referred to in Other Sections
This section is referred to in sections 1434, 1802, 5103, 5107b,
5158 of this title.
