16 U.S.C. § 1851 — National standards for fishery conserva-

Page 2045 TITLE 16—CONSERVATION § 1851 the Coast Guard’s detection and interdiction of illegal incursions into the United States exclu- sive economic zone by foreign fishing vessels. (b) Specific issues to be addressed The report shall— (1) focus on areas in the exclusive economic zone where the Coast Guard has failed to de- tect or interdict such incursions in the 4-fis- cal-year period beginning with fiscal year 2000, including such areas in the Western/Central Pacific and the Bering Sea; and (2) include an evaluation of the potential use of unmanned aircraft and offshore platforms for detecting or interdicting such incursions. (c) Biennial updates The Secretary shall provide biannual reports updating the Coast Guard’s progress in detecting or interdicting such incursions to the Com- mittee on Commerce, Science, and Transpor- tation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (Pub. L. 109–241, title VIII, § 804, July 11, 2006, 120 Stat. 563.) Editorial Notes CODIFICATION Section was enacted as part of the Coast Guard and Maritime Transportation Act of 2006, and not as part of the Magnuson-Stevens Fishery Conservation and Man- agement Act which comprises this chapter. Statutory Notes and Related Subsidiaries COMBINATION OF FISHERIES ENFORCEMENT PLANS AND FOREIGN FISHING INCURSION REPORTS Pub. L. 111–207, § 4(b), July 27, 2010, 124 Stat. 2251, as amended by Pub. L. 113–281, title II, § 221(a)(5), Dec. 18, 2014, 128 Stat. 3037, provided that: ‘‘The Secretary of the department in which the Coast Guard is operating shall combine the reports required under section 224 of the Coast Guard and Maritime Transportation Act of 2004 (16 U.S.C. 1861b) and section 804 of the Coast Guard and Maritime Transportation Act of 2006 (16 U.S.C. 1828) into a single annual report for fiscal years beginning after fiscal year 2010. No report shall be required under this subsection, including that no report shall be re- quired under section 224 of the Coast Guard and Mari- time Transportation Act of 2004 or section 804 of the Coast Guard and Maritime Transportation Act of 2006, for fiscal years beginning after fiscal year 2014.’’ § 1829. International monitoring and compliance (a) In general The Secretary may undertake activities to promote improved monitoring and compliance for high seas fisheries, or fisheries governed by international fishery management agreements, and to implement the requirements of this sub- chapter. (b) Specific authorities In carrying out subsection (a), the Secretary may— (1) share information on harvesting and processing capacity and illegal, unreported and unregulated fishing on the high seas, in areas covered by international fishery man- agement agreements, and by vessels of other nations within the United States exclusive economic zone, with relevant law enforcement organizations of foreign nations and relevant international organizations; (2) further develop real time information sharing capabilities, particularly on har- vesting and processing capacity and illegal, unreported and unregulated fishing; (3) participate in global and regional efforts to build an international network for moni- toring, control, and surveillance of high seas fishing and fishing under regional or global agreements; (4) support efforts to create an international registry or database of fishing vessels, includ- ing by building on or enhancing registries de- veloped by international fishery management organizations; (5) enhance enforcement capabilities through the application of commercial or gov- ernmental remote sensing technology to lo- cate or identify vessels engaged in illegal, un- reported, or unregulated fishing on the high seas, including encroachments into the exclu- sive economic zone by fishing vessels of other nations; (6) provide technical or other assistance to developing countries to improve their moni- toring, control, and surveillance capabilities; and (7) support coordinated international efforts to ensure that all large-scale fishing vessels operating on the high seas are required by their flag State to be fitted with vessel moni- toring systems no later than December 31, 2008, or earlier if so decided by the relevant flag State or any relevant international fish- ery management organization. (Pub. L. 94–265, title II, § 207, as added Pub. L. 109–479, title IV, § 401, Jan. 12, 2007, 120 Stat. 3625.) SUBCHAPTER IV—NATIONAL FISHERY MANAGEMENT PROGRAM § 1851. National standards for fishery conserva- tion 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 infor- mation 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 al- locate or assign fishing privileges among var- ious United States fishermen, such allocation shall be (A) fair and equitable to all such fish- Page 2046 TITLE 16—CONSERVATION § 1851 ermen; (B) reasonably calculated to promote conservation; and (C) carried out in such man- ner 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 al- location as its sole purpose. (6) Conservation and management measures shall take into account and allow for vari- ations 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 re- quirements of this chapter (including the pre- vention of overfishing and rebuilding of over- fished stocks), take into account the impor- tance of fishery resources to fishing commu- nities by utilizing economic and social data that meet the requirements of paragraph (2), in order to (A) provide for the sustained par- ticipation of such communities, and (B) to the extent practicable, minimize adverse eco- nomic 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 by- catch. (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 guide- lines (which shall not have the force and effect of law), based on the national standards, to as- sist in the development of fishery management plans. (Pub. L. 94–265, title III, § 301, Apr. 13, 1976, 90 Stat. 346; Pub. L. 97–453, § 4, Jan. 12, 1983, 96 Stat. 2484; Pub. L. 98–623, title IV, § 404(3), Nov. 8, 1984, 98 Stat. 3408; Pub. L. 104–297, title I, § 106, Oct. 11, 1996, 110 Stat. 3570; Pub. L. 109–479, title I, § 101(a), Jan. 12, 2007, 120 Stat. 3579.) Editorial Notes 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, known as the Magnuson-Stevens Fish- ery Conservation and Management Act, which is classi- fied principally to this chapter. For complete classi- fication of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables. AMENDMENTS 2007—Subsec. (a)(8). Pub. L. 109–479 inserted ‘‘by uti- lizing economic and social data that meet the require- ments of paragraph (2),’’ after ‘‘fishing communities’’. 1996—Subsec. (a)(5). Pub. L. 104–297, § 106(a), sub- stituted ‘‘consider efficiency’’ for ‘‘promote efficiency’’. Subsec. (a)(8) to (10). Pub. L. 104–297, § 106(b), added pars. (8) to (10). 1984—Subsec. (a)(1). Pub. L. 98–623 inserted ‘‘for the United States fishing industry’’. 1983—Subsec. (b). Pub. L. 97–453 substituted ‘‘advisory guidelines (which shall not have the force and effect of law)’’ for ‘‘guidelines’’. Statutory Notes and Related Subsidiaries SHORT TITLE OF 1997 AMENDMENT Pub. L. 105–146, § 1, Dec. 16, 1997, 111 Stat. 2672, pro- vided 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 Con- servation 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’.’’ LIMITATION ON FUNDING FOR FISHERY MANAGEMENT PLAN FOR THE REEF FISH RESOURCES OF THE GULF OF MEXICO Pub. L. 115–31, div. B, title I, § 110, May 5, 2017, 131 Stat. 191, provided that: ‘‘None of the funds appro- priated or otherwise made available in this or any other Act, with respect to any fiscal year, may be used in contravention of section 110 of the Commerce, Jus- tice, Science, and Related Agencies Appropriations Act, 2016 (Public Law 114–113) [129 Stat. 2295].’’ LONGLINE CATCHER PROCESSOR SUBSECTOR SINGLE FISHERY COOPERATIVE Pub. L. 111–335, Dec. 22, 2010, 124 Stat. 3583, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Longline Catcher Processor Subsector Single Fishery Cooperative Act’. ‘‘SEC. 2. AUTHORITY TO APPROVE AND IMPLE- MENT A SINGLE FISHERY COOPERATIVE FOR THE LONGLINE CATCHER PROCESSOR SUB- SECTOR IN THE BSAI. ‘‘(a) IN GENERAL.—Upon the request of eligible mem- bers of the longline catcher processor subsector holding at least 80 percent of the licenses issued for that sub- sector, the Secretary is authorized to approve a single fishery cooperative for the longline catcher processor subsector in the BSAI. ‘‘(b) LIMITATION.—A single fishery cooperative ap- proved under this section shall include a limitation prohibiting any eligible member from harvesting a total of more than 20 percent of the Pacific cod avail- able to be harvested in the longline catcher processor subsector, the violation of which is subject to the pen- alties, sanctions, and forfeitures under section 308 of the Magnuson-Stevens Act (16 U.S.C. 1858), except that such limitation shall not apply to harvest amounts from quota assigned explicitly to a CDQ group as part of a CDQ allocation to an entity established by section 305(i) of the Magnuson-Stevens Act (16 U.S.C. 1855(i)). ‘‘(c) CONTRACT SUBMISSION AND REVIEW.—The longline catcher processor subsector shall submit to the Sec- retary— ‘‘(1) not later than November 1 of each year, a con- tract to implement a single fishery cooperative ap- proved under this section for the following calendar year; and ‘‘(2) not later than 60 days prior to the commence- ment of fishing under the single fishery cooperative, any interim modifications to the contract submitted under paragraph (1). ‘‘(d) DEPARTMENT OF JUSTICE REVIEW.—Not later than November 1 before the first year of fishing under a sin- gle fishery cooperative approved under this section, the longline catcher processor sector shall submit to the Secretary a copy of a letter from a party to the con- tract under subsection (c)(1) requesting a business re- view letter from the Attorney General and any re- sponse to such request. ‘‘(e) IMPLEMENTATION.—The Secretary shall imple- ment a single fishery cooperative approved under this section not later than 2 years after receiving a request under subsection (a). ‘‘(f) STATUS QUO FISHERY.—If the longline catcher processor subsector does not submit a contract to the Secretary under subsection (c) then the longline catch- Page 2047 TITLE 16—CONSERVATION § 1851 er processor subsector in the BSAI shall operate as a limited access fishery for the following year subject to the license limitation program in effect for the longline catcher processor subsector on the date of enactment of this Act [Dec. 22, 2010] or any subsequent modifications to the license limitation program recommended by the Council and approved by the Secretary. ‘‘SEC. 3. HARVEST AND PROHIBITED SPECIES AL- LOCATIONS TO A SINGLE FISHERY COOPERA- TIVE FOR THE LONGLINE CATCHER PROC- ESSOR SUBSECTOR IN THE BSAI. ‘‘A single fishery cooperative approved under section 2 may, on an annual basis, collectively— ‘‘(1) harvest the total amount of BSAI Pacific cod total allowable catch, less any amount allocated to the longline catcher processor subsector non-coopera- tive limited access fishery; ‘‘(2) utilize the total amount of BSAI Pacific cod prohibited species catch allocation, less any amount allocated to a longline catcher processor subsector non-cooperative limited access fishery; and ‘‘(3) harvest any reallocation of Pacific cod to the longline catcher processor subsector during a fishing year by the Secretary. ‘‘SEC. 4. LONGLINE CATCHER PROCESSOR SUB- SECTOR NON-COOPERATIVE LIMITED ACCESS FISHERY. ‘‘(a) IN GENERAL.—An eligible member that elects not to participate in a single fishery cooperative approved under section 2 shall operate in a non-cooperative lim- ited access fishery subject to the license limitation program in effect for the longline catcher processor subsector on the date of enactment of this Act [Dec. 22, 2010] or any subsequent modifications to the license limitation program recommended by the Council and approved by the Secretary. ‘‘(b) HARVEST AND PROHIBITED SPECIES ALLOCA- TIONS.—Eligible members operating in a non-coopera- tive limited access fishery under this section may col- lectively— ‘‘(1) harvest the percentage of BSAI Pacific cod total allowable catch equal to the combined average percentage of the BSAI Pacific cod harvest allocated to the longline catcher processor sector and retained by the vessel or vessels designated on the eligible members license limitation program license or li- censes for 2006, 2007, and 2008, according to the catch accounting system data used to establish total catch; and ‘‘(2) utilize the percentage of BSAI Pacific cod pro- hibited species catch allocation equal to the percent- age calculated under paragraph (1). ‘‘SEC. 5. AUTHORITY OF THE NORTH PACIFIC FISH- ERY MANAGEMENT COUNCIL. ‘‘(a) IN GENERAL.—Nothing in this Act shall supersede the authority of the Council to recommend for approval by the Secretary such conservation and management measures, in accordance with the Magnuson-Stevens Act (16 U.S.C. 1801 et seq.) as it considers necessary to ensure that this Act does not diminish the effectiveness of fishery management in the BSAI or the Gulf of Alas- ka Pacific cod fishery. ‘‘(b) LIMITATIONS.— ‘‘(1) Notwithstanding the authority provided to the Council under this section, the Council is prohibited from altering or otherwise modifying— ‘‘(A) the methodology established under section 3 for allocating the BSAI Pacific cod total allowable catch and BSAI Pacific cod prohibited species catch allocation to a single fishery cooperative approved under this Act; or ‘‘(B) the methodology established under section 4 of this Act for allocating the BSAI Pacific cod total allowable catch and BSAI Pacific cod prohibited species catch allocation to the non-cooperative lim- ited access fishery. ‘‘(2) No sooner than 7 years after approval of a sin- gle fisheries cooperative under section 2 of this Act, the Council may modify the harvest limitation estab- lished under section 2(b) if such modification does not negatively impact any eligible member of the longline catcher processor subsector. ‘‘(c) PROTECTIONS FOR THE GULF OF ALASKA PACIFIC COD FISHERY.—The Council may recommend for ap- proval by the Secretary such harvest limitations of Pa- cific cod by the longline catcher processor subsector in the Western Gulf of Alaska and the Central Gulf of Alaska as may be necessary to protect coastal commu- nities and other Gulf of Alaska participants from po- tential competitive advantages provided to the longline catcher processor subsector by this Act. ‘‘SEC. 6. RELATIONSHIP TO THE MAGNUSON-STE- VENS ACT. ‘‘(a) IN GENERAL.—Consistent with section 301(a) of the Magnuson-Stevens Act (16 U.S.C. 1851(a)), a single fishery cooperative approved under section 2 of this Act is intended to enhance conservation and sustainable fishery management, reduce and minimize bycatch, promote social and economic benefits, and improve the vessel safety of the longline catcher processor sub- sector in the BSAI. ‘‘(b) TRANSITION RULE.—A single fishery cooperative approved under section 2 of this Act is deemed to meet the requirements of section 303A(i) of the Magnuson- Stevens Act (16 U.S.C. 1853a(i)) as if it had been ap- proved by the Secretary within 6 months after the date of enactment of the Magnuson-Stevens Fishery Con- servation and Management Reauthorization Act of 2006 [Pub. L. 109–479, approved Jan. 12, 2007], unless the Sec- retary makes a determination, within 30 days after the date of enactment of this Act [Dec. 22, 2010], that appli- cation of section 303A(i) of the Magnuson-Stevens Act to the cooperative approved under section 2 of this Act would be inconsistent with the purposes for which sec- tion 303A was added to the Magnuson-Stevens Act. ‘‘(c) COST RECOVERY.—Consistent with section 304(d)(2) of the Magnuson-Stevens Act (16 U.S.C. 1854(d)(2)), the Secretary is authorized to recover rea- sonable costs to administer a single fishery cooperative approved under section 2 of this Act. ‘‘SEC. 7. COMMUNITY DEVELOPMENT QUOTA PRO- GRAM. ‘‘Nothing in this Act shall affect the western Alaska community development program established by sec- tion 305(i) of the Magnuson-Stevens Act (16 U.S.C. 1855(i)), including the allocation of fishery resources in the directed Pacific cod fishery. ‘‘SEC. 8. DEFINITIONS. ‘‘In this Act: ‘‘(1) BSAI.—The term ‘BSAI’ has the meaning given that term in section 219(a)(2) of the Department of Commerce and Related Agencies Appropriations Act, 2005 (Public Law 108–447; 118 Stat. 2886). ‘‘(2) BSAI PACIFIC COD TOTAL ALLOWABLE CATCH.— The term ‘BSAI Pacific cod total allowable catch’ means the Pacific cod total allowable catch for the directed longline catcher processor subsector in the BSAI as established on an annual basis by the Coun- cil and approved by the Secretary. ‘‘(3) BSAI PACIFIC COD PROHIBITED SPECIES CATCH AL- LOCATION.—The term ‘BSAI Pacific cod prohibited species catch allocation’ means the prohibited species catch allocation for the directed longline catcher processor subsector in the BSAI as established on an annual basis by the Council and approved by the Sec- retary. ‘‘(4) COUNCIL.—The term ‘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)). ‘‘(5) ELIGIBLE MEMBER.—The term ‘eligible member’ means a holder of a license limitation program li- cense, or licenses, eligible to participate in the longline catcher processor subsector. ‘‘(6) GULF OF ALASKA.—The term ‘Gulf of Alaska’ means that portion of the Exclusive Economic Zone contained in Statistical Areas 610, 620, and 630. Page 2048 TITLE 16—CONSERVATION § 1851 ‘‘(7) LONGLINE CATCHER PROCESSOR SUBSECTOR.—The term ‘longline catcher processor subsector’ has the meaning given that term in section 219(a)(6) of the Department of Commerce and Related Agencies Ap- propriations Act, 2005 (Public Law 108–447; 118 Stat. 2886 [2887]). ‘‘(8) MAGNUSON-STEVENS ACT.—The term ‘Magnuson- Stevens Act’ means the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). ‘‘(9) SECRETARY.—The term ‘Secretary’ means the Secretary of Commerce.’’ GULF OF ALASKA ROCKFISH DEMONSTRATION PROGRAM Pub. L. 108–199, div. B, title VIII, § 802, Jan. 23, 2004, 118 Stat. 110, as amended by Pub. L. 109–479, title II, § 218, Jan. 12, 2007, 120 Stat. 3621, which directed the Secretary of Commerce to establish a pilot program for management of pacific ocean perch, northern rockfish, and pelagic shelf rockfish harvested in the Central Gulf of Alaska, expired Dec. 31, 2011. See 76 F.R. 81248. IMPLEMENTATION OF STELLER SEA LION PROTECTIVE MEASURES Pub. L. 106–554, § 1(a)(4) [div. A, § 209], Dec. 21, 2000, 114 Stat. 2763, 2763A–176, provided that: ‘‘(a) FINDINGS.—The Congress finds that— ‘‘(1) the western population of Steller sea lions has substantially declined over the last 25 years. ‘‘(2) scientists should closely research and analyze all possible factors relating to such decline, including the possible interactions between commercial fishing and Steller sea lions and the localized depletion hy- pothesis; ‘‘(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 Fish- ery 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 man- agement plans and regulations to implement the de- cisions made pursuant to findings under the Endan- gered Species Act [of 1973, 16 U.S.C. 1531 et seq.], and shall utilize the processes and procedures of the re- gional fishery management councils as required by the Magnuson-Stevens Act. ‘‘(b) INDEPENDENT SCIENTIFIC REVIEW.—The North Pa- cific Fishery Management Council (hereafter in this section ‘North Pacific Council[’]) shall utilize the ex- pertise of the National Academy of Sciences to conduct an independent scientific review of the November 30, 2000 Biological Opinion for the Bering Sea/Aleutian Is- lands and Gulf of Alaska groundfish fisheries (hereafter in this section ‘Biological Opinion’), its underlying hy- pothesis, and the Reasonable and Prudent Alternatives (hereafter in this section ‘Alternatives’) contained therein. The Secretary shall cooperate with the inde- pendent 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 Alter- natives 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 amend- ments to implement such Alternatives that are con- sistent with the Magnuson-Stevens Act (including re- quirements 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 ac- cordance with the fishery management plan and Fed- eral 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 rook- eries; ‘‘(C) restricted harvest levels near rookeries and haul-outs; ‘‘(D) federally-trained observers; ‘‘(E) spatial and temporal harvest restrictions; ‘‘(F) federally-mandated bycatch reduction pro- grams; 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 con- sistent 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 Pa- cific 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 imple- ment a coordinated, comprehensive research and recov- ery program for the Steller sea lion, which shall be de- signed 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 im- pacts associated with changing environmental condi- tions 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 out- side the exclusive economic zone; ‘‘(11) the residual impacts of former government- authorized Steller sea lion eradication bounty pro- grams; 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 pro- tect Steller sea lions from marine mammal predators including killer whales. Page 2049 TITLE 16—CONSERVATION § 1851 ‘‘(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 commu- nities, 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 Presi- dent of such organization shall provide a written report to the Secretary and the House and Senate Appropria- tions Committee within 6 months of receipt of these funds.’’ LIMITATION ON FISHING PERMITS Pub. L. 105–277, div. A, § 101(b) [title VI, § 617], Oct. 21, 1998, 112 Stat. 2681–50, 2681–115, as amended by Pub. L. 106–31, title III, § 3025, May 21, 1999, 113 Stat. 100, pro- vided 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 fish- ing 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 pro- ducing 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 Mag- nuson-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 ap- proves, conservation and management measures in ac- cordance 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 re- newed prior to the date of the enactment of this Act [Oct. 21, 1998] for a fishing vessel to which the prohibi- tion in subsection (a) applies that would allow such vessel to engage in fishing for Atlantic mackerel or herring (or both) during fiscal year 1999 shall be null and void, and none of the funds made available in this Act [see Tables for classification] may be used to issue a fishing permit or authorization that would allow a vessel whose permit or authorization was made null and void pursuant to this subsection to engage in the catching, taking, or harvesting of fish in any other fishery within the exclusive economic zone of the United States.’’ BERING SEA POLLOCK FISHERY Pub. L. 116–283, div. G, title LVXXXIV [LXXXIV], § 8434, Jan. 1, 2021, 134 Stat. 4735, provided that: ‘‘Not- withstanding section 208(g)(5) of the American Fish- eries Act (Public Law 105–277; 16 U.S.C. 1851 note), a vessel eligible under section 208(e)(21) of such Act that is replaced under section 208(g) of such Act shall be sub- ject to a sideboard restriction catch limit of zero met- ric tons in the Bering Sea and Aleutian Islands and in the Gulf of Alaska unless that vessel is also a replace- ment vessel under section 679.4(o)(4) of title 50, Code of Federal Regulations, in which case such vessel shall not be eligible to be a catcher/processor under section 206(b)(2) of such Act.’’ Pub. L. 108–199, div. B, title VIII, § 803, Jan. 23, 2004, 118 Stat. 110, provided that: ‘‘(a) ALEUTIAN ISLANDS POLLOCK ALLOCATION.—Effec- tive January 1, 2004 and thereafter, the directed pollock fishery in the Aleutian Islands Subarea [AI] of the BSAI (as defined in 50 CFR 679.2) shall be allocated to the Aleut Corporation (incorporated pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)). Except with the permission of the Aleut Corpora- tion or its authorized agent, the fishing or processing of any part of such allocation shall be prohibited by section 307 of the Magnuson-Stevens Fishery Conserva- tion and Management Act (16 U.S.C. 1857), subject to the penalties and sanctions under section 308 of such Act (16 U.S.C. 1858), and subject to the forfeiture of any fish harvested or processed. ‘‘(b) ELIGIBLE VESSELS.—Only vessels that are 60 feet or less in length overall and have a valid fishery en- dorsement, or vessels that are eligible to harvest pol- lock under section 208 of title II of division C of Public Law 105–277 [set out below], shall be eligible to form partnerships with the Aleut Corporation (or its author- ized agents) to harvest the allocation under subsection (a). During the years 2004 through 2008, up to 25 percent of such allocation may be harvested by vessels 60 feet or less in length overall. During the years 2009 through 2013, up to 50 percent of such allocation may be har- vested by vessels 60 feet or less in length overall. After the year 2012, 50 percent of such allocation shall be har- vested by vessels 60 feet or less in length overall, and 50 percent shall be harvested by vessels eligible under such section of Public Law 105–277. ‘‘(c) GROUNDFISH OPTIMUM YIELD LIMITATION.—The optimum yield for groundfish in the Bering Sea and Aleutian Islands Management Area shall not exceed 2 million metric tons. For the purposes of implementing subsections (a) and (b) without adversely affecting cur- rent fishery participants, the allocation under sub- section (a) may be in addition to such optimum yield during the years 2004 through 2008 upon recommenda- tion by the North Pacific Council and approval by the Secretary of Commerce (if consistent with the require- ments of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.)). ‘‘(d) MANAGEMENT AND ALLOCATION.—For the purposes of this section, the North Pacific Fishery Management Council shall recommend and the Secretary shall ap- prove an allocation under subsection (a) to the Aleut Corporation for the purposes of economic development in Adak, Alaska pursuant to the requirements of the Magnuson-Stevens Fishery Conservation and Manage- ment Act (16 U.S.C. 1801 et seq.).’’ Pub. L. 105–277, div. C, title II, subtitle II, Oct. 21, 1998, 112 Stat. 2681–621, as amended by Pub. L. 106–31, title III, § 3027(a)(2)–(7), May 21, 1999, 113 Stat. 101; Pub. L. 107–20, title II, § 2202(e)(1), July 24, 2001, 115 Stat. 170; Pub. L. 107–77, title II, § 211, Nov. 28, 2001, 115 Stat. 779; Pub. L. 107–206, title I, § 1103, Aug. 2, 2002, 116 Stat. 884; Pub. L. 111–281, title VI, § 602(b)(1), (3), Oct. 15, 2010, 124 Stat. 2960, 2961, provided that: ‘‘SEC. 205. DEFINITIONS. ‘‘As used in this subtitle— ‘‘(1) the term ‘Bering Sea and Aleutian Islands Management Area’ has the same meaning as the meaning given for such term in part 679.2 of title 50, Code of Federal Regulations, as in effect on October 1, 1998; ‘‘(2) the term ‘catcher/processor’ means a vessel that is used for harvesting fish and processing that fish; ‘‘(3) the term ‘catcher vessel’ means a vessel that is used for harvesting fish and that does not process pol- lock 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 en- gage in the catching, taking, or harvesting of fish or any activity that can reasonably be expected to re- sult in the catching, taking, or harvesting of fish; ‘‘(6) the term ‘inshore component’ means the fol- lowing 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 Man- agement Act (16 U.S.C. 1801 et seq.); Page 2050 TITLE 16—CONSERVATION § 1851 ‘‘(8) the term ‘mothership’ means a vessel that re- ceives and processes fish from other vessels in the ex- clusive 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 estab- lished under section 302(a)(1)(G) of the Magnuson-Ste- vens Act (16 U.S.C. 1852(a)(1)(G)); ‘‘(10) the term ‘offshore component’ means all ves- sels not included in the definition of ‘inshore compo- nent’ 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 per- son or vessel that receives unprocessed fish, except catcher/processors, motherships, buying stations, res- taurants, or persons receiving fish for personal con- sumption or bait. ‘‘SEC. 206. ALLOCATIONS. ‘‘(a) POLLOCK COMMUNITY DEVELOPMENT QUOTA.—Ef- fective 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 fish- ing allowance to the western Alaska community devel- opment 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 commu- nity 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 compo- nent. ‘‘SEC. 207. BUYOUT. ‘‘(a) FEDERAL LOAN.—Under the authority of sections 1111 and 1112 [renumbered 1113, 1114] of title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f and 1279g) [now 46 U.S.C. 53735 and 53702(b)] and notwith- standing the requirements of section 312 of the Magnu- son-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 re- quirements 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 ob- ligation 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 interrup- tion 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 con- ditions 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 appro- priated $20,000,000 for the payments required under sub- section (d). ‘‘(d) PAYMENTS.—Subject to the availability of appro- priations for the cost of the direct loan under sub- section (a) and funds under subsection (c), the Sec- retary 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 sec- tion 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 sub- mit a written certification acceptable to the Sec- retary 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 catch- er/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 el- igible 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 para- graph (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 owner- ship interest in such vessel, or if the catcher/processors listed in paragraphs (2) through (9) of section 209 are de- termined 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 sub- section (d)(1) to harvest or process fish within the ex- clusive economic zone of the United States until such time as the obligations of such owner or owners under subsection (d)(1) have been fulfilled to the satisfaction of the Secretary. ‘‘(f) PROGRAM DEFINED; MATURITY.—For the purposes of section 1111 [renumbered 1113] of the Merchant Ma- rine Act, 1936 (46 U.S.C. App. 1279f) [now 46 U.S.C. 53735], the fishing capacity reduction program in this subtitle shall be within the meaning of the term ‘program’ as defined and used in such section. Notwithstanding sec- tion 1111(b)(4) [renumbered 1113(b)(4)] of such Act (46 U.S.C. App. 1279f(b)(4)) [now 46 U.S.C. 53735(c)(4)], the debt obligation under subsection (a) of this section may have a maturity not to exceed 30 years. ‘‘(g) FISHERY CAPACITY REDUCTION REGULATIONS.—The Secretary of Commerce shall by not later than October 15, 1998 publish proposed regulations to implement sub- sections (b), (c), (d), and (e) of section 312 of the Magnu- son-Stevens Act (16 U.S.C. 1861a) and sections 1111 and 1112 [renumbered 1113, 1114] of title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f and 1279g) [now 46 U.S.C. 53735 and 53702(b)]. ‘‘SEC. 208. ELIGIBLE VESSELS AND PROCESSORS. ‘‘(a) CATCHER VESSELS ONSHORE.—Effective January 1, 2000, only catcher vessels which are— Page 2051 TITLE 16—CONSERVATION § 1851 ‘‘(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 pol- lock fishery under the license limitation program recommended by the North Pacific Council and ap- proved by the Secretary; and ‘‘(3) not listed in subsection (b), shall be eligible to harvest the directed fishing allow- ance under section 206(b)(1) pursuant to a federal fish- ing permit. ‘‘(b) CATCHER VESSELS TO CATCHER/PROCESSORS.—Ef- fective January 1, 1999, only the following catcher ves- sels shall be eligible to harvest the directed fishing al- lowance under section 206(b)(2) pursuant to a federal fishing permit: ‘‘(1) AMERICAN CHALLENGER (United States offi- cial 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 deliv- ered 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 pro- gram 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 per- mit: ‘‘(1) ALEUTIAN CHALLENGER (United States offi- cial 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 num- ber 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 num- ber 561518); ‘‘(12) OCEANIC (United States official number 602279); ‘‘(13) PACIFIC ALLIANCE (United States official number 612084); ‘‘(14) PACIFIC CHALLENGER (United States offi- cial number 518937); ‘‘(15) PACIFIC FURY (United States official num- ber 561934); ‘‘(16) PAPADO II (United States official number 536161); ‘‘(17) TRAVELER (United States official number 929356); ‘‘(18) VESTERAALEN (United States official num- ber 611642); ‘‘(19) WESTERN DAWN (United States official num- ber 524423); and ‘‘(20) any vessel— ‘‘(A) determined by the Secretary to have deliv- ered at least 250 metric tons of pollock for proc- essing 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 Sep- tember 1, 1998; ‘‘(B) eligible to harvest pollock in the directed pollock fishery under the license limitation pro- gram 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 num- ber 651041); and ‘‘(3) OCEAN PHOENIX (United States official num- ber 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 num- ber 637856); ‘‘(9) ENDURANCE (United States official number 592206); ‘‘(10) AMERICAN ENTERPRISE (United States offi- cial number 594803); ‘‘(11) ISLAND ENTERPRISE (United States official number 610290); ‘‘(12) KODIAK ENTERPRISE (United States official number 579450); ‘‘(13) SEATTLE ENTERPRISE (United States offi- cial number 904767); ‘‘(14) US ENTERPRISE (United States official num- ber 921112); ‘‘(15) ARCTIC STORM (United States official num- ber 903511); ‘‘(16) ARCTIC FJORD (United States official num- ber 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 sub- section and determined by the Secretary to have har- vested 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 rec- ommended by the North Pacific Council and approved by the Secretary, except that catcher/processors eli- Page 2052 TITLE 16—CONSERVATION § 1851 gible 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) [now 46 U.S.C. 12113 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 catch- er vessels eligible under subsection (a) may deliver pol- lock 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 Sec- retary to have processed pollock in the inshore com- ponent 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 allow- ance 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 eligi- ble under paragraph (1) if the total allowable catch for pollock in the Bering Sea and Aleutian Islands Manage- ment Area increases by more than 10 percent above the total allowable catch in such fishery in 1997, or in the event of the actual total loss or constructive total loss of a shoreside processor eligible under paragraph (1)(A). ‘‘(g) VESSEL REBUILDING AND REPLACEMENT.— ‘‘(1) IN GENERAL.— ‘‘(A) REBUILD OR REPLACE.—Notwithstanding any limitation to the contrary on replacing, rebuilding, or lengthening vessels or transferring permits or li- censes to a replacement vessel contained in sec- tions 679.2 and 679.4 of title 50, Code of Federal Reg- ulations, as in effect on the date of enactment of the Coast Guard Authorization Act of 2010 [Oct. 15, 2010] and except as provided in paragraph (4), the owner of a vessel eligible under subsection (a), (b), (c), (d), or (e), in order to improve vessel safety and operational efficiencies (including fuel efficiency), may rebuild or replace that vessel (including fuel efficiency) with a vessel documented with a fishery endorsement under section 12113 of title 46, United States Code. ‘‘(B) SAME REQUIREMENTS.—The rebuilt or replace- ment vessel shall be eligible in the same manner and subject to the same restrictions and limita- tions under such subsection as the vessel being re- built or replaced. ‘‘(C) TRANSFER OF PERMITS AND LICENSES.—Each fishing permit and license held by the owner of a vessel or vessels to be rebuilt or replaced under sub- paragraph (A) shall be transferred to the rebuilt or replacement vessel or its owner, as necessary to permit such rebuilt or replacement vessel to oper- ate in the same manner as the vessel prior to the rebuilding or the vessel it replaced, respectively. ‘‘(2) RECOMMENDATIONS OF NORTH PACIFIC FISHERY MANAGEMENT COUNCIL.—The North Pacific Fishery Management Council may recommend for approval by the Secretary such conservation and management measures, including size limits and measures to con- trol fishing capacity, in accordance with the Magnu- son-Stevens Act [16 U.S.C. 1801 et seq.] as it considers necessary to ensure that this subsection does not di- minish the effectiveness of fishery management plans of the Bering Sea and Aleutian Islands Management Area or the Gulf of Alaska. ‘‘(3) SPECIAL RULE FOR REPLACEMENT OF CERTAIN VESSELS.— ‘‘(A) IN GENERAL.—Notwithstanding the require- ments of subsections (b)(2), (c)(1), and (c)(2) of sec- tion 12113 of title 46, United States Code, a vessel that is eligible under subsection (a), (b), (c), or (e) and that qualifies to be documented with a fishery endorsement pursuant to section 213(g) may be re- placed with a replacement vessel under paragraph (1) if the vessel that is replaced is validly docu- mented with a fishery endorsement pursuant to sec- tion 213(g) before the replacement vessel is docu- mented with a fishery endorsement under section 12113 of title 46, United States Code. ‘‘(B) APPLICABILITY.—A replacement vessel under subparagraph (A) and its owner and mortgagee are subject to the same limitations under section 213(g) that are applicable to the vessel that has been re- placed and its owner and mortgagee. ‘‘(4) SPECIAL RULES FOR CERTAIN CATCHER VESSELS.— ‘‘(A) IN GENERAL.—A replacement for a covered vessel described in subparagraph (B) is prohibited from harvesting fish in any fishery (except for the Pacific whiting fishery) managed under the author- ity of any Regional Fishery Management Council (other than the North Pacific Fishery Management Council) established under section 302(a) of the Magnuson-Stevens Act [16 U.S.C. 1852(a)]. ‘‘(B) COVERED VESSELS.—A covered vessel referred to in subparagraph (A) is— ‘‘(i) a vessel eligible under subsection (a), (b), or (c) that is replaced under paragraph (1); or ‘‘(ii) a vessel eligible under subsection (a), (b), or (c) that is rebuilt to increase its registered length, gross tonnage, or shaft horsepower. ‘‘(5) LIMITATION ON FISHERY ENDORSEMENTS.—Any vessel that is replaced under this subsection shall thereafter not be eligible for a fishery endorsement under section 12113 of title 46, United States Code, un- less that vessel is also a replacement vessel described in paragraph (1). ‘‘(6) GULF OF ALASKA LIMITATION.—Notwithstanding paragraph (1), the Secretary shall prohibit from par- ticipation in the groundfish fisheries of the Gulf of Alaska any vessel that is rebuilt or replaced under this subsection and that exceeds the maximum length overall specified on the license that authorizes fish- ing for groundfish pursuant to the license limitation program under part 679 of title 50, Code of Federal Regulations, as in effect on the date of enactment of the Coast Guard Authorization Act of 2010 [Oct. 15, 2010]. ‘‘(7) AUTHORITY OF PACIFIC COUNCIL.—Nothing in this section shall be construed to diminish or otherwise affect the authority of the Pacific Council to rec- ommend to the Secretary conservation and manage- ment measures to protect fisheries under its jurisdic- tion (including the Pacific whiting fishery) and par- ticipants in such fisheries from adverse impacts caused by this Act. ‘‘(h) ELIGIBILITY DURING IMPLEMENTATION.—In the event the Secretary is unable to make a final deter- mination about the eligibility of a vessel under sub- section (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 fil- ing 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; Page 2053 TITLE 16—CONSERVATION § 1851 ‘‘(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 appli- cable 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 endorse- ments, and any claims (including relating to catch his- tory) 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 (includ- ing 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 num- ber 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 num- ber 534721); ‘‘(7) CHRISTINA ANN (United States official num- ber 653045); ‘‘(8) REBECCA ANN (United States official number 592205); and ‘‘(9) BROWNS POINT (United States official num- ber 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 Coun- cil and with the Secretary, together with a copy of a letter from a party to the contract requesting a busi- ness review letter on the fishery cooperative from the Department of Justice and any response to such re- quest. 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 ves- sels 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 ap- propriate 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 Jan- uary 1, 2000, upon the filing of a contract imple- menting 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 pol- lock 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 ef- fect; 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 coop- erative 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 par- ticipate pursuant to paragraph (2)) to harvest the aggregate percentage of the directed fishing allow- ance under section 206(b)(1) in the year in which the fishery cooperative will be in effect that is equiva- lent to the aggregate total amount of pollock har- vested by such catcher vessels (and by such catcher vessels whose owners voluntarily participate pursu- ant 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 volun- tarily participate pursuant to paragraph (2)) from harvesting in aggregate in excess of such percent- age of such directed fishing allowance. ‘‘(2) VOLUNTARY PARTICIPATION.—Any contract im- plementing a fishery cooperative under paragraph (1) must allow the owners of other qualified catcher ves- sels 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 consid- ered 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 shore- side 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 con- tract implementing a fishery cooperative under para- graph (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/proc- essors or motherships in the directed pollock fishery during 1995, 1996, and 1997 shall, to the extent prac- ticable, provide fair and equitable terms and condi- tions 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 sec- tion 206(b)(1) (other than pollock reserved under para- graph (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 co- operative 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 con- tract implementing a fishery cooperative under para- graph (1) may, notwithstanding the other provisions of this subsection, provide for up to 10 percent of the pollock harvested under such cooperative to be proc- essed by a shoreside processor eligible under section 208(f) other than the shoreside processor to which pol- lock will be delivered under paragraph (1). ‘‘(7) FISHERY COOPERATIVE EXIT PROVISIONS.— ‘‘(A) FISHING ALLOWANCE DETERMINATION.—For purposes of determining the aggregate percentage of directed fishing allowances under paragraph (1), when a catcher vessel is removed from the directed pollock fishery, the fishery allowance for pollock for the vessel being removed— ‘‘(i) shall be based on the catch history deter- mination for the vessel made pursuant to section 679.62 of title 50, Code of Federal Regulations, as Page 2054 TITLE 16—CONSERVATION § 1851 in effect on the date of enactment of the Coast Guard Authorization Act of 2010 [Oct. 15, 2010]; and ‘‘(ii) shall be assigned, for all purposes under this title, in the manner specified by the owner of the vessel being removed to any other catcher vessel or among other catcher vessels partici- pating in the fishery cooperative if such vessel or vessels remain in the fishery cooperative for at least one year after the date on which the vessel being removed leaves the directed pollock fishery. ‘‘(B) ELIGIBILITY FOR FISHERY ENDORSEMENT.—Ex- cept as provided in subparagraph (C), a vessel that is removed pursuant to this paragraph shall be per- manently ineligible for a fishery endorsement, and any claim (including relating to catch history) as- sociated with such vessel that could qualify any owner of such vessel for any permit to participate in any fishery within the exclusive economic zone of the United States shall be extinguished, unless such removed vessel is thereafter designated to re- place a vessel to be removed pursuant to this para- graph. ‘‘(C) LIMITATIONS ON STATUTORY CONSTRUCTION.— Nothing in this paragraph shall be construed— ‘‘(i) to make the vessels AJ (United States offi- cial number 905625), DONA MARTITA (United States official number 651751), NORDIC EX- PLORER (United States official number 678234), and PROVIDIAN (United States official number 1062183) ineligible for a fishery endorsement or any permit necessary to participate in any fish- ery under the authority of the New England Fish- ery Management Council or the Mid-Atlantic Fishery Management Council established, respec- tively, under subparagraphs (A) and (B) of section 302(a)(1) of the Magnuson-Stevens Act [16 U.S.C. 1852(a)(1)]; or ‘‘(ii) to allow the vessels referred to in clause (i) to participate in any fishery under the authority of the Councils referred to in clause (i) in any manner that is not consistent with the fishery management plan for the fishery developed by the Councils under section 303 of the Magnuson-Ste- vens Act [16 U.S.C. 1853]. ‘‘(c) CATCHER VESSELS TO CATCHER/PROCESSORS.—Ef- fective 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 eli- gible 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 es- tablishes penalties to prevent such vessels from exceed- ing in 1999 the traditional levels harvested by such ves- sels 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 au- thority 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 partici- pating in a fishery cooperative in the directed pol- lock fishery upon the filing of a contract to imple- ment a fishery cooperative under subsection (a) which has been entered into by the owners of 80 per- cent or more of the catcher vessels eligible under sec- tion 208(c) for the duration of such contract, provided that such owners agree to the terms of the fishery co- operative involving processing by the motherships. ‘‘(2) VOLUNTARY PARTICIPATION.—Any contract im- plementing a fishery cooperative described in para- graph (1) must allow the owners of any other catcher vessels eligible under section 208(c) to enter such con- tract 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, cor- poration, or other entity may harvest, through a fish- ery 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 conserva- tion and management measures to prevent any par- ticular individual or entity from processing an exces- sive share of the pollock available to be harvested in the directed pollock fishery. In the event the North Pacific Council recommends and the Secretary ap- proves an excessive processing share that is lower than 17.5 percent, any individual or entity that pre- viously processed a percentage greater than such share shall be allowed to continue to process such percentage, except that their percentage may not ex- ceed 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 de- creases, 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 ei- ther paragraph (1) or (2) shall submit such informa- tion to the Administrator of the Maritime Adminis- tration as the Administrator deems appropriate to allow the Administrator to determine whether such individual or entity has exceeded either such percent- age. 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 har- vested in the directed pollock fishery which is not land- ed in the State of Alaska, in amounts which would oth- erwise 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 coopera- tives 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 require- ments 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. Page 2055 TITLE 16—CONSERVATION § 1851 ‘‘SEC. 211. PROTECTIONS FOR OTHER FISHERIES; CONSERVATION MEASURES. ‘‘(a) GENERAL.—The North Pacific Council shall rec- ommend for approval by the Secretary such conserva- tion and management measures as it determines nec- essary to protect other fisheries under its jurisdiction and the participants in those fisheries, including proc- essors, from adverse impacts caused by this Act [prob- ably should be ‘‘this title’’, see Tables for classifica- tion] 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 rec- ommended after the date of the enactment of this Act [Oct. 21, 1998] by the North Pacific Council and ap- proved by the Secretary in accordance with the Mag- nuson-Stevens Act. ‘‘(2) BERING SEA FISHING.—The catcher/processors el- igible 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 fish- ery 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 spe- cies available to be harvested by the offshore com- ponent 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 ex- ceeding the following percentages of the directed harvest available in the Bering Sea and Aleutian Is- lands 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/proc- essors eligible under paragraphs (1) through (20) of section 208(e) are hereby prohibited from— ‘‘(A) processing any of the directed fishing allow- ances 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 eligi- ble 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 Alas- ka known as area 630 under the fishery manage- ment 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 har- vesting 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 proc- essing fish in any fishery under the authority of any such regional fishery management council other than the North Pacific Council, except in the Pacific whit- ing 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 jurisdic- tion and approved by the Secretary. ‘‘(6) OBSERVERS AND SCALES.—The catcher/proc- essors 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 har- vesting 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/proc- essors eligible under such paragraphs of section 208(e). ‘‘(c) CATCHER VESSEL AND SHORESIDE PROCESSOR RE- STRICTIONS.— ‘‘(1) REQUIRED COUNCIL RECOMMENDATIONS.—By not later than July 1, 1999, the North Pacific Council shall recommend for approval by the Secretary con- servation and management measures to— ‘‘(A) prevent the catcher vessels eligible under subsections (a), (b), and (c) of section 208 from ex- ceeding 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 con- servation and management measures recommended by the North Pacific Council are not adequate to ful- fill the purposes of this paragraph, the Secretary may by regulation restrict or change the authority in sec- tion 210(b) to the extent the Secretary deems appro- priate, 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 fish- ery under a fishery cooperative are hereby prohib- ited from processing, in the aggregate for each cal- endar 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 subpara- graph, the term ‘facilities’ means any processing plant, catcher/processor, mothership, floating proc- essor, or any other operation that processes fish. Any entity in which 10 percent or more of the inter- est 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. Page 2056 TITLE 16—CONSERVATION § 1851 ‘‘(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 man- agement measures to prevent any particular indi- vidual or entity from harvesting or processing an excessive share of crab or of groundfish in fisheries in the Bering Sea and Aleutian Islands Manage- ment 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 Ber- ing Sea and Aleutian Islands Management Area un- less the catcher vessel harvested crab in the di- rected 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 Coun- cil and approved by the Secretary. The North Pa- cific Council is directed to recommend measures for approval by the Secretary to eliminate latent li- censes under such program, and nothing in this sub- paragraph shall preclude the Council from recom- mending 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 sec- tion 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 rec- ommended by the Pacific Council are not adequate to fulfill the purposes of this paragraph, the Sec- retary may by regulation implement adequate measures including, but not limited to, restrictions on vessels which harvest pollock under a fishery co- operative which will prevent such vessels from har- vesting 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 Sec- retary may approve, under such terms and conditions as the North Pacific Council and Secretary deem appro- priate, 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 Magnu- son-Stevens Act (16 U.S.C. 1851(a)(9) and 1853(a)(11)). ‘‘(e) COMMUNITY DEVELOPMENT LOAN PROGRAM.— Under the authority of title XI of the Merchant Marine Act, 1936 ([former] 46 U.S.C. App. 1271 et seq.) [see chap- ter 537 of Title 46, Shipping], and subject to the avail- ability of appropriations, the Secretary is authorized to provide direct loan obligations to communities eligible to participate in the western Alaska community devel- opment 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 in- terest 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 eligi- ble under such sections. ‘‘SEC. 212. RESTRICTION ON FEDERAL LOANS. ‘‘[Amended section 302(b) of Pub. L. 104–297, formerly set out as a note under section 1274 of Title 46, Appen- dix, Shipping, and now partially set out as a note under section 53706 of Title 46, 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 enact- ment of this Act [Oct. 21, 1998]. There are authorized to be appropriated $6,700,000 per year to carry out the pro- visions 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 Mag- nuson-Stevens Act. ‘‘(c) CHANGES TO FISHERY COOPERATIVE LIMITATIONS AND POLLOCK CDQ ALLOCATION.—The North Pacific Council may recommend and the Secretary may ap- prove conservation and management measures in ac- cordance with the Magnuson-Stevens Act— ‘‘(1) that supersede the provisions of this subtitle, except for sections 206 and 208, for conservation pur- poses or to mitigate adverse effects in fisheries or on owners of fewer than three vessels in the directed pol- lock fishery caused by this title or fishery coopera- tives 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 find- ing by such Council that the western Alaska commu- nity development quota program for pollock has been adversely affected by the amendments in this sub- title; or ‘‘(3) that supersede the criteria required in para- graph (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 lev- els, on fishing communities, on business and employ- ment practices of participants in any fishery coopera- tives, on the western Alaska community development quota program, on any fisheries outside of the author- ity of the North Pacific Council, and such other mat- ters as the North Pacific Council deems appropriate. ‘‘(e) REPORT ON FILLET PRODUCTION.—Not later than June 1, 2000, the General Accounting Office [now Gov- ernment Accountability Office] shall submit a report to the North Pacific Council, the Secretary, and the Con- gress 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 cir- cumstance is held to be unconstitutional, the remain- der of this title, the amendments made by this title, and the application of the provisions of such to any person or circumstance shall not be affected thereby. ‘‘(g) INTERNATIONAL AGREEMENTS.—In the event that any provision of section 12102(c) [now 12113(b)(2) to (d)] or section 31322(a) of title 46, United States Code, as amended by this Act, is determined to be inconsistent with an existing international agreement relating to foreign investment to which the United States is a party with respect to the owner or mortgagee on [sic] of a vessel with a fishery endorsement, such provision shall not apply to that owner or mortgagee with re- Page 2057 TITLE 16—CONSERVATION § 1852 spect to their ownership or mortgage interest in such vessel on that date to the extent of any such inconsist- ency. The provisions of section 12102(c) [now 12113(b)(2) to (d)] and section 31322(a) of title 46, United States Code, as amended by this Act, shall apply to all subse- quent owners and mortgagees of such vessel, and shall apply, notwithstanding the preceding sentence, to the owner on [sic] of such vessel if any ownership interest in that owner is transferred to or otherwise acquired by a foreign individual or entity after or if the percentage of foreign ownership in the vessel is increased after the effective date of this subsection [July 24, 2001].’’ [Pub. L. 107–20, title II, § 2202(e)(2), July 24, 2001, 115 Stat. 170, provided that: ‘‘Section 213(g) of the Amer- ican Fisheries Act (Public Law 105–277, division C, title II) [set out above] shall take effect on the date of en- actment of this Act [July 24, 2001].’’] RESTRICTION ON FUNDING CERTAIN NEW FISHERY MANAGEMENT PLANS, AMENDMENTS OR REGULATIONS Pub. L. 104–208, div. A, title I, § 101(a) [title II, §§ 208, 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–40, 3009–41, pro- vided that: ‘‘None of the funds appropriated under this Act or any other Act henceforth may be used to de- velop 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 regu- lations 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 au- thorized under the Magnuson-Stevens Fishery Con- servation and Management Act (16 U.S.C. 1801 et seq.). This restriction shall also apply to any program relat- ing to the Gulf of Mexico commercial red snapper fish- ery that authorizes the consolidation of licenses, per- mits or endorsements that result in different trip lim- its 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-Atlan- tic surfclam and ocean (including mahogany) quohog individual fishing quota programs. The term ‘indi- vidual fishing quota’ does not include a community de- velopment quota.’’ Similar provisions were contained in the following prior appropriation act: Pub. L. 104–134, title I, § 101[(a)] [title II, § 210], Apr. 26, 1996, 110 Stat. 1321, 1321–31; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327; repealed by Pub. L. 104–297, title I, § 108(f)(6), Oct. 11, 1996, 110 Stat. 3579. ALBEMARLE SOUND-ROANOKE RIVER BASIN: STRIPED BASS STUDY Pub. L. 100–589, § 5, Nov. 3, 1988, 102 Stat. 2984, related to requirement of biological study of striped bass fish- ery resources and habitats of Albemarle Sound-Roa- noke River basin area and development of short-term and long-term recommendations for restoring and con- serving these resources and habitats, prior to repeal by Pub. L. 105–146, § 3(b), Dec. 16, 1997, 111 Stat. 2677. EXCLUSIVE ECONOMIC ZONE: ATLANTIC STRIPED BASS PROTECTION Pub. L. 100–589, § 6(a)–(f), Nov. 3, 1988, 102 Stat. 2986, as amended by Pub. L. 102–130, § 4, Oct. 17, 1991, 105 Stat. 627; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, directed Secretary of Commerce to regulate fishing for Atlantic striped bass in exclusive economic zone determined to be consistent with national standards set forth in this section, prior to repeal by Pub. L. 105–146, § 3(c), Dec. 16, 1997, 111 Stat. 2677. ATLANTIC STRIPED BASS CONSERVATION Pub. L. 98–613, §§ 1–9, Oct. 31, 1984, 98 Stat. 3187–3190, as amended, formerly set out as a note under this section, was transferred to chapter 71A (§ 5151 et seq.) of this title. § 1852. Regional Fishery Management Councils (a) Establishment (1) There shall be established, within 120 days after April 13, 1976, eight Regional Fishery Man- agement Councils, as follows: (A) New England Council The New England Fishery Management Council shall consist of the States of Maine, New Hampshire, Massachusetts, Rhode Island, and Connecticut and shall have authority over the fisheries in the Atlantic Ocean seaward of such States (except as provided in paragraph (3)). The New England Council shall have 18 voting members, including 12 appointed by the Secretary in accordance with subsection (b)(2) (at least one of whom shall be appointed from each such State). (B) Mid-Atlantic Council The Mid-Atlantic Fishery Management Council shall consist of the States of New York, New Jersey, Delaware, Pennsylvania, Maryland, Virginia, and North Carolina and shall have authority over the fisheries in the Atlantic Ocean seaward of such States (except North Carolina, and as provided in paragraph (3)). The Mid-Atlantic Council shall have 21 voting members, including 13 appointed by the Secretary in accordance with subsection (b)(2) (at least one of whom shall be appointed from each such State). (C) South Atlantic Council The South Atlantic Fishery Management Council shall consist of the States of North Carolina, South Carolina, Georgia, and Florida and shall have authority over the fisheries in the Atlantic Ocean seaward of such States (ex- cept as provided in paragraph (3)). The South Atlantic Council shall have 13 voting mem- bers, including 8 appointed by the Secretary in accordance with subsection (b)(2) (at least one of whom shall be appointed from each such State). (D) Caribbean Council The Caribbean Fishery Management Council shall consist of the Virgin Islands and the Commonwealth of Puerto Rico and shall have authority over the fisheries in the Caribbean Sea and Atlantic Ocean seaward of such States and of commonwealths, territories, and pos- sessions of the United States in the Caribbean Sea (except as provided in paragraph (3)). The Caribbean Council shall have 7 voting mem- bers, including 4 appointed by the Secretary in accordance with subsection (b)(2) (at least one of whom shall be appointed from each such State). (E) Gulf Council The Gulf of Mexico Fishery Management Council shall consist of the States of Texas, Louisiana, Mississippi, Alabama, and Florida and shall have authority over the fisheries in the Gulf of Mexico seaward of such States (ex- cept as provided in paragraph (3)). The Gulf Council shall have 17 voting members, includ- ing 11 appointed by the Secretary in accord- ance with subsection (b)(2) (at least one of whom shall be appointed from each such State).