American Fisheries Act

TITLE II – FISHERIES 1
SEC. 201. Short Title. This title may be cited as the “American Fisheries Act”.
SEC. 202. Standard for Fishery Endorsements.
(a) Standard. Section 1202(c) of title 46, United States Code, is amended to read as
follows-“(c)(1) A vessel owned by a corporation, partnership, association, trust, joint
venture, limited liability company, limited liability partnership, or any other entity is not
eligible for a fishery endorsement under section 12108 of this title unless at least 75 per
centum of the interest in such entity, at each tier of ownership of such entity and in the
aggregate, is owned and controlled by citizens of the United States.
“(2) The Secretary shall apply section 2(c) of the Shipping Act, 1916 (46 App.
U.S.C. 802(c)) in determining under this subsection whether at least 75 per centum of the
interest in a corporation, partnership, association, trust, joint venture, limited liability
company, limited liability partnership, or another entity is owned and controlled by
citizens of the united States. For the purposes of this subsection and of applying the
restrictions on controlling interest in section 2(c) of such Act, the terms “control” or
“controlled”—
“(A) shall include—
“(i) the right to direct the business of the entity which owns the vessel;
“(ii) the right to limit the actions of or replace the chief executive officer, a
majority of the board of directors, any general partner, or any person serving in a
management capacity of the entity which owns the vessel; or
“(iii) the right to direct the transfer, operation or manning of a vessel with
a fishery endorsement; and
“(B) shall not include the right to simply participate in the activities under
subparagraph (A), or the use by a mortgagee under paragraph (4) of loan covenants
approved by the Secretary.
“(3) A fishery endorsement for a vessel that is chartered or leased to an individual
who is not a citizen of the United States or to an entity that is not eligible to own a vessel
with a fishery endorsement and used as fishing vessel shall be invalid immediately upon
such use.
“(4)(A) An individual or entity that is otherwise eligible to own a vessel with a
fishery endorsement shall be ineligible by reason of an instrument or evidence of
1

Enacted as Title II of Division C – Other Matters, of Public Law 105-277, approved October 21,
1998 (112 STAT. 2681, 2681-616), the Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999.
Section 120 of the Treasury and General Government Appropriations Act, 1999, set forth in
Public Law 105-277, approved October 21, 1999 (112 STAT. 2681, 2681-545), the Omnibus Consolidated
and Emergency Supplemental Appropriations Act, 1999, provides in part: “For carrying out the provisions
of division C, title II of this Act . . . $6,000,000 and $2,000,000 for the Secretary of Commerce and
Secretary of Transportation, respectively, to implement division C, title II.” Section 624 of Public Law
106-113, Appendix A, approved November 29, 1999 (113 STAT. 1501A-59) the Commerce, State, Justice
and Related Agencies Appropriations Act, 2000, provides: “Sec. 624. Funds made available under Public
Law 105-277 for costs associated with implementation of the American Fisheries Act of 1998 (division C,
title II, of Public Law 105-255) for vessel documentation activities shall remain available until expended.”

indebtedness, secured by a mortgage of the vessel to a trustee eligible to own a vessel
with a fishery endorsement that is issued, assigned, transferred or held in trust for a
person not eligible to own a vessel with a fishery endorsement, unless the Secretary
determines that the issuance, assignment, transfer, or trust arrangement does not result in
an impermissible transfer of control of the vessel and that the trustee—
“(i) is organized as a corporation, and is doing business, under the laws of the
United States or of a State;
“(ii) is authorized under those laws to exercise corporate trust powers;
“(iii) is subject to supervision or examination by an official of the United States
Government or a State;
“(iv) has a combined capital and surplus (as stated in its most recent published
report of condition) of at least $3,000,000; and
“(v) meets any other requirements prescribed by the Secretary.
“(B) A vessel with a fishery endorsement may be operated by a trustee only with
the approval of the Secretary.
“(C) A right under a mortgage of a vessel with a fishery endorsement may be
issued, assigned, or transferred to a person not eligible to be a mortgagee of that vessel
under section 31322(a)(4) of this title only with the approval of the Secretary.
“(D) The issuance, assignment, or transfer of an instrument or evidence of
indebtedness contrary to this paragraph is voidable by the Secretary.
“(5) The requirements of this subsection shall not apply to a vessel when it is
engaged in fisheries in the exclusive economic zone under the authority of the Western
Pacific Fishery Management Council established under section 302(1)(1)(H) of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(a)(1)(H)
or to a purse seine vessel when it is engaged in tuna fishing in the Pacific Ocean outside
the exclusive economic zone of the United States or pursuant to the South Pacific
Regional Fisheries Treaty, provided that the owner of the vessel continues to comply with
the eligibility requirements for a fishery endorsement under the federal law that was in
effect on October 1, 1998. A fishery endorsement issued by the Secretary pursuant to
this paragraph shall be valid for engaging only in fisheries in the exclusive economic
zone under the authority of such Council, in such tuna fishing in the Pacific Ocean, or
pursuant to such Treaty.
“(6) A vessel greater than 165 feet in registered length, of more than 750 gross
registered tons, or that has an engine or engines capably of producing a total of more than
3,000 shaft horsepower is not eligible for a fishery endorsement under section 1208 of
this title unless—
“(A)(i) a certificate of documentation was issued for the vessel and endorsed with
a fishery endorsement that was effective on September 25, 1997;
“(ii) the vessel is not placed under foreign registry after the date of the enactment
of the American Fisheries Act; and
(iii) in the event of the invalidation of the fishery endorsement after the date of the
enactment of the American Fisheries Act, application is made for a new fishery
endorsement within fifteen (15) business days of such invalidation; or
“(B) the owner of such vessel demonstrates to the Secretary that the regional
fishery management council of jurisdiction established under section 302(a)(1) of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(a)(1))

has recommended after the date of the enactment of the American Fisheries Act, and the
Secretary of Commerce has approved, conservation and management measures in
accordance with such Act to allow such vessel to be used in fisheries under such
council’s authority.”
(b) Preferred Mortgage. Section 31322(a) of title 46, United States Code, is
amended-(1) by striking “and” at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3)(B) and inserting in lieu
thereof a semicolon and “and”; and
(3) by inserting at the end the following paragraph:
“(4) with respect to a vessel with a fishery endorsement that is 100 feet or greater
in registered length, has as the mortgagee—
“(A) a person eligible to own a vessel with a fishery endorsement under section
12102(c) of this title;
“(B) a state or federally chartered financial institution that satisfies the controlling
interest criteria of section 2(b) of the Shipping Act, 1916 (46 U.S.C. 802(b)); or
“(C) a person that complies with the provisions of section 12102(c)(4) of this
title.”
SEC. 203. ENFORCEMENT OF STANDARD.
(a) Effective Date. The amendments made by section 202 shall take effect on
October 1, 2001.
(b) Regulations. Final regulations to implement this subtitle shall be published in
the Federal Register by April 1, 2000. Letter rulings and other interim interpretations
about the effect of this subtitle and amendments made by this subtitle on specific vessels
may not be issued prior to the publication of such final regulations. The regulations to
implement this subtitle shall prohibit impermissible transfers of ownership or control,
specify any transactions which require prior approval of an implementing agency,
identify transactions which do not require prior agency approval, and to the extent
practicable, minimize disruptions to the commercial fishing industry, to the traditional
financing arrangements of such industry, and to the opportunity to form fishery
cooperatives.
(c) Vessels Measuring 100 Feet and Greater. (1) The Administrator of the
Maritime Administration shall administer section 12102(c) of the title 46, United States
Code, as amended by this subtitle, with respect to vessels 100 feet or greater in registered
length. The owner of each such vessel shall file a statement of citizenship setting forth
all relevant facts regarding vessel ownership and control with Administrator of the
Maritime Administration on an annual basis to demonstrate compliance with such
section. Regulations to implement this subsection shall conform to the extent practicable
with the regulations establishing the form of citizenship affidavit set forth in part 355 of
title 46, Code of Federal Regulations, as in effect on September 25, 1997, except that the
form of the statement under this paragraph shall be written in a manner to allow the
owner of each such vessel to satisfy any annual renewal requirements for a certificate of

documentation for such vessel and to comply with this subsection and section 12101(c)
of title 46, United States Code, as amended by this Act, and shall not be required to be
notarized.
(2) After October 1, 2001, transfers of ownership and control of vessels subject to
section 12102(c) of title 46, United States Code, as amended by this Act, which are 100
feet or greater in registered length, shall be rigorously scrutinized for violations of such
section, with particular attention given to leases, charters, mortgages, financing, and
similar arrangements, to the control of persons not eligible to own a vessel with a fishery
endorsement under section 12102(c) of title 46, United States Code, as amended by this
Act, over the management, sales, financing, or other operations of an entity, and to
contracts involving the purchase over extended periods of time of all, or substantially all,
of the living marine resources harvested by a fishing vessel.
(d) Vessels Measuring Less Than 100 Feet. The Secretary of Transportation
shall establish such requirements as are reasonable and necessary to demonstrate
compliance with section 12102(c) of title 46, United States Code, as amended by this
Act, with respect to vessel measuring less than 100 feet in registered length, and shall
seek to minimize the administrative burden on individuals who own and operate such
vessels.
(e) Endorsement Revoked. The Secretary of Transportation shall revoke the
fishery endorsement of any vessel subject to section 12102(c) of title 46, United States
Code, as amended by this Act, whose owner does not comply with such section.
(f) Penalty. Section 12122 of title 46, United States Code, is amended by
inserting at the end the following new subsection:
“(c) In addition to penalties under subsections (a) and (b), the owner of a
documented vessel for which a fishery endorsement has been issued is liable to the
United States Government for a civil penalty of up to $100,000 for each day in which
such vessel was engaged in fishing (as such term is defined in section 3 of the MagnusonStevens Fishery Conservation and Management Act (16 U.S.C. 1802) within the
exclusive economic zone of the United States, if the owner or the representative or agent
of the owner knowingly falsified or concealed a material fact, or knowingly made a false
statement or representation with respect to the eligibility of the vessel under section
12102(c) of this title in applying for or applying to renew such fishery endorsement.”
(g) Certain Vessels. The vessels EXCELLENCE (United States official number
967502, GOLDEN ALASKA (United States official number 651041), OCEAN
PHOENIX (United States official number 296779), NORTHERN TRAVELER (United
States official number 635986), and NORTHERN VOYAGER (United States official
number 637398) (or a replacement vessel for the NORTHERN VOYAGER that complies
with paragraphs (2), (5), and (6) of section 208(g) of this Act) shall be exempt from
section 12102(c), as amended by this Act, until such time after October 1, 2001 as more
than 50 percent of the interest owned and controlled in the vessel changes, provided that
the vessel maintains eligibility for a fishery endorsement under the federal law that was in
effect the day before the date of the enactment of this Act, and unless, in the case of the

NORTHERN TRAVELER or the NORTHERN VOYAGER (or such replacement), the
vessel is used in any fishery under the authority of a regional fishery management council
other than the New England Fishery Management Council or Mid-Atlantic Fishery
Management Council established, respectively, under subparagraphs (A) and (B) of
section 301(a)(1) of the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1852(a)(1) (A) and (B), or in the case of the EXCELLENCE, GOLDEN
ALASKA, or OCEAN PHOENIX, the vessel is used to harvest any fish.
Subtitle II – Bering Sea Pollock Fishery
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 that does not process pollock onboard;
(3) the term “catcher vessel” means a vessel that is used for harvesting fish and
that does not process pollock onboard;
(4) the term “directed pollock fishery” means the fishery for directed fishing
allowances allocated under paragraphs (1), (2), and (3) of section 206(b);
(5) the term “harvest” means to commercially engage in the catching, taking, or
harvesting of fish or any activity that can reasonably be expected to result in the catching,
taking, or harvesting of fish;
(6) the term “inshore component” means the following categories that process
groundfish harvested in the Bering Sea and Aleutian Islands Management Area:
(A) shoreside processors, including those eligible under section 208(f); and
(B) vessels less than 125 feet in length overall that process less than 126 metric
tons per week in round-weight equivalents of an aggregate amount of pollock and Pacific
cod;
(7) the term “Magnuson-Stevens Act” means the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.);
(8) the term “mothership” means a vessel that receives and processes fish from
other vessels in the exclusive economic zone of the United States and is not used for, or
equipped to be used for, harvesting fish;
(9) the term “North Pacific Council” means the North Pacific Fishery
Management Council established under section 302(a)(1)(G) of the Magnuson-Stevens
Act (16 U.S.C. 1852(a)(1)(G));
(10) the term “offshore component” means all vessels not included in the
definition of “inshore component” that process groundfish harvested in the Bering Sea
and Aleutian Islands Management Area.
(11) the term “Secretary” means the Secretary of Commerce, and
(12) the term “shoreside processor” means any person or vessel that receives
unprocessed fish, except catcher/processors, motherships, buying stations, restaurants, or
persons receiving fish for personal consumption or bait.

SEC. 206. ALLOCATIONS.
(a) Pollock Community Development Quota. Effective January 1, 1999, 10
percent of the total allowable catch of pollock in the Bering Sea and Aleutian Islands
Management Area shall be allocated as a direct fishing allowance to the western Alaska
community development quota program established under section 505(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 a Bering Sea and Aleutian Islands Management Area, after the
subtraction of the allocation under subsection (a) and the subtraction of allowances for
the incidental catch of pollock by vessels harvesting other groundfish species (including
under the western Alaska community development quota program) shall be allocated as
directed fishing allowances as follows—
(1) 50 percent to catcher vessels harvesting pollock for processing by the inshore
component;
(2) 40 percent to catch/processors and catcher vessels harvesting pollock for
processing by catcher/processors in the offshore component; and
(3) 10 percent to catcher vessels harvesting pollock for processing by motherships
in the offshore component.
SEC. 207. BUYOUT.
(a) Federal Loan. Under the authority of sections 1111 and 1112 of title XI of
the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f and 1279g) and notwithstanding
the requirements of section 312 of the Magnuson-Stevens Act (16 U.S.C. 1861a), the
Secretary shall, subject to the availability of appropriations for the cost of the direct loan,
provide up to $75,000,000 through a direct loan obligation for the payments required
under subsection (d).
(b) Inshore Fee System. Notwithstanding the requirements of section 304(d) or
312 of the Magnuson-Stevens Act (16 U.S.C. 1854(d) and 1861(a), the Secretary shall
establish a fee for the repayment of such loan obligations which—
(1) shall be six-tenths (0.6) of one cent for each pound round-weight of all pollock
harvested from the directed fishing allowance under section 206(b)(1); and
(2) shall begin with such pollock harvested on or after January 1, 2000, and
continue without interruption until such loan obligation is fully repaid; and
(3) shall be collected in accordance with section 312(d)(2)(C) of the MagnusonStevens Act (16 U.S.C. 1861a(d)(2)(C) and in accordance with such other conditions as
the Secretary establishes.
(c) Federal Appropriation. Under the authority of section 312(c)(1)(B) of the
Magnuson-Stevens Act (16 U.S.C. 1861a(c)(1)(B)), there are authorized to be
appropriated $20,000,000 for the payments required under subsection (d).
(d) Payments. Subject to the availability of appropriations for the cost of the
direct loan under subsection (a) and funds under subsection (c), the Secretary shall pay by
not later than December 31, 1998—

(1) up to $90,000,000 to the owner or owners of the catcher/processors listed in
paragraphs (1) through (9) of section 209, in such manner as the owners, with the
concurrence of the Secretary, agree, except that—
(A) the portion of such payment with respect to the catcher/processor listed in
paragraph (1) of section 209 shall be made only after the owner submits a written
certification acceptable to the Secretary that neither the owner nor a purchaser from the
owner intends to use such catcher/processor outside 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 will be scrapped by December 31, 2000 and will not, before that
date, be used to harvest or process any fish; and
(2)(A) if a contract has been filed under section 210(a) by the catcher/processors
listed in section 208(e), $5,000,000 to the owner or owners of the catcher/processors
listed in paragraphs (10) through (14) of such section in such manner as the owner or
owners, with the concurrence of the Secretary, agree; or
(B) if such a contract has not been filed by such date, $5,000,000 to the owners or
the catcher vessels eligible under section 208(b) and the catcher/processors eligible under
paragraphs (1) through (20) of section 208(e), divided based on the amount of the harvest
of pollock in the directed pollock fishery by each such vessel in 1997 in such manner as
the Secretary deems appropriate, except that any such payments shall be reduced by any
obligation to the federal government that has not been satisfied by such owner or owners
of any such vessels.
(e) Penalty. If the catcher/processor under paragraph (1) of section 209 is used
outside the exclusive economic zone of the United States to harvest any stock of fish that
occurs within the exclusive economic zone of the United States while the owner who
received the payment under subsection (d)(1)(A) has an ownership interest in such vessel,
or if the catch/processors listed in paragraph (2) through (9) of section 209 are
determined by the Secretary not to have been scraped by December 31, 2000 or to have
been used in a manner inconsistent with subsection (d)(1)(B), the Secretary may suspend
any or all of the federal permits which allow any vessels owned in whole or in part by the
owner or owners who received payments under subsection (d)(1) to harvest or process
fish within the exclusive economic zone of the United States until such time as the
obligations of such owner or owners under subsection (d)(1) have been fulfilled to the
satisfaction of the Secretary.
(f) Program Defined; Maturity. For the purposes of section 1111 of the
Merchant Marine Act, 1936 (46 U.S.C. App. 1279f), the fishing capacity reduction
program in this subtitle shall be within the meaning of the term “program” as defined and
used in such section. Notwithstanding section 1111(b)(4) of such Act (46 U.S.C. App.
1279f and 1279g).

(g) Fishery Capacity Reduction Regulations. The Secretary of Commerce shall
by not later than October 15, 1998 publish proposed regulations to implement subsections
(b), (c), (d) and (e) of section 312 of the Magnuson-Stevens Act (16 U.S.C. 1861a) and
sections 1111 and 1112 of title XI of the Merchant Marine Act, 1936 (46 U.S.C. App.
1279f and 1279g).
SEC. 208. ELIGIBLE VESSELS AND PROCESSORS.
(a) Catcher Vessels Onshore. Effective January 1, 2000, only catcher vessels
which are—
(1) determined by the Secretary—
(A) to have delivered at least 250 metric tons of pollock; or
(B) to be less than 60 feet in length overall and to have delivered at least 40
metric tons of pollock, for processing by the inshore component in the directed pollock
fishery in any one of the years 1996 or 1997, between January 1, 1998 and September 1,
1998;
(2) eligible to harvest pollock in the directed pollock fishery under the license
limitation program recommended by the North Pacific Council and approved by the
Secretary; and
(3) not listed in subsection (b), shall be eligible to harvest the directed fishing
allowance under section 206(b)(1) pursuant to a federal fishing permit.
(b) Catcher Vessels to Catcher/Processors. Effective January 1, 1999, only the
following catcher vessels shall be eligible to harvest the directed fishing allowance under
section 206(b)(2) pursuant to a federal fishing permit:
(1) AMERICAN CHALLENGER (United States official number 633219);
(2) FORUM STAR (United States official number 925863);
(3) MUIR MILACH (United States official number 611524);
(4) NEAHKAHNIE (United States official number 599534);
(5) OCEAN HARVESTER (United States official number 549892);
(6) SEA STORM (United States official number 628959);
(7) TRACY ANNE (United States official number 904859); and
(8) any catcher vessel—
(A) determined by the Secretary to have delivered at least 250 metric tons and at
least 75 percent of the pollock it harvested in the directed pollock fishery in 1997 to
catcher/processors for processing by the offshore component; and
(B) eligible to harvest pollock in the directed pollock fishery under the license
limitation program recommended by the North Pacific Council and approved by the
Secretary.
(c) Catchers Vessels to Motherships. Effective January 1, 2000, only the
following catcher vessels shall be eligible to harvest the directed fishing allowance under
section 206(b)(3) pursuant to a federal fishing permit.
(1) ALEUTIAN CHALLENGER (United States official number 603820);
(2) ALYESKA (United States official number 560237);
(3) AMBER DAWN (United States official number 529425);
(4) AMERICAN BEAUTY (United States official number 613847);

(5) CALIFORNIA HORIZON (United States official number 590758);
(6) MAR-GUN (United States official number 525608)
(7) MARGARET LYN (United States official number 615563);
(8) MARK I (United States official number 509552);
(9) MISTY DAWN (United States official number 926647);
(10) NORDIC FURY (United States official number 542651);
(11) OCEAN LEADER (United States official number 561518);
(12) OCEANIC (United States official number 602279);
(13) PACIFIC ALLIANCE (United States official number 612084);
(14) PACIFIC CHALLENGER (United States official number 618937);
(15) PACIFIC FURY (United States official number 561934);
(16) PAPADO II (United States official number 536161);
(17) TRAVELER (United States official number 929356);
(18) VESTERAALEN (United States official number 611642);
(19) WESTERN DAWN (United States official number 524423);
(20) any vessel—
(A) determined by the Secretary to have delivered at least 250 metric tons of
pollock for processing by motherships in the offshore component of the directed pollock
fishery in any one of the years 1996 or 1997, or between January 1, 1998 and September
1, 1998;
(B) eligible to harvest pollock in the directed pollock fishery under the license
limitation program recommended by the North Pacific Council and approved by the
Secretary; and
(C) not listed in subsection (b).
(d) Motherships. Effective January 1, 2000, only the following motherships shall
be eligible to process the directed fishing allowance under section 206(b)(3) pursuant to a
federal fishing permit:
(1) EXCELLENCE (United States official number 967502);
(2) GOLDEN ALASKA (United States official number 651042);
(3) OCEAN PHOENIX (United States official number 296779).
(e) Catcher/Processors. Effective January 1, 1999, only the following
catcher/processors shall be eligible to harvest the directed fishing allowance under
section 206(b)(2) pursuant to a federal fishing permit:
(1) AMERICAN DYNASTY (United States official number 951307);
(2) KATIE ANN (United States official number 518441);
(3) AMERICAN TRIUMPH (United States official number 646737);
(4) NORTHERN EAGLE (United States official number 506694);
(5) NORTHERN HAWK (United States official number 643771);
(6) NORTHERN JAEGER (United States official number 521069);
(7) OCEAN ROVER (United States official number 552100);
(8) ALASKA OCEAN (United States official number 637856);
(9) ENDURANCE (United States official number 592206);
(10) AMERICAN ENTERPRISES (United States official number 594803);
(11) ISLAND ENTERPRISE (United States official number 610290);

(12) KODIAK ENTERPRISE (United States official number 579450);
(13) SEATTLE ENTERPRISE (United States official number 904767);
(14) US ENTERPRISE (United States official number 921112);
(15) ARCTIC STORM (United States official number 903511);
(16) ARCTIC FJORD (United States official number 940866);
(17) NORTHERN GLACIER (United States official number 663457);
(18) PACIFIC GLACIER (United States official number 933627);
(19) HIGHLAND LIGHT (United States official number 577044);
(20) STARBOUND (United States official number 944658); and
(21) any catcher/processor not listed in this subsection and determined by the
Secretary to have harvested more than 2,000 metric tons of the pollock in the 1997
directed pollock fishery and determined to be eligible to harvest pollock in the directed
pollock fishery under the license limitation program recommended by the North Pacific
Council and approved by the Secretary, except that catcher/processors eligible under this
paragraph shall be prohibited from harvesting in the aggregate a total of more than onehalf (0.5) of a percent of the pollock apportioned for the directed pollock fishery under
section 206(b)(2).
Notwithstanding section 213(a), failure to satisfy the requirements of section 4(a)
of the Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987 (Public Law
100-239; 46 U.S.C. 12108 note) shall not make a catcher/processor listed under this
subsection ineligible for a fishery endorsement.
(f) Shoreside Processors. (1) Effective January 1, 2000 and except as provided
in paragraph (2), the catcher vessels eligible under subsection (a) may deliver pollock
harvested from the directed fishing allowance under section 206(b)(1) only to—
(A) shoreside processors (including vessels in a single geographic location in
Alaska State waters) determined by the Secretary to have processed more than 2,000
metric tons round-weight of pollock in the inshore component of the directed pollock
fishery during each of 1996 and 1997; and
(B) shoreside processors determined by the Secretary to have processed pollock in
the inshore component of the directed pollock fishery in 1996 and 1997, but to have
processed less than 2,000 metric tons round-weight of such pollock in each year, except
that effective January 1, 2000, each such shoreside processor may not process more than
2,000 metric tons round-weight from such directed fishing allowance in any year;
(2) Upon recommendation by the North Pacific Council, the Secretary may
approve measures to allow catcher vessels eligible under subsection (a) to deliver pollock
harvested from the directed fishing allowance under section 206(b)(1) to shoreside
processors not eligible under paragraph (1) if the total allowable catch for pollock in the
Bering Sea and Aleutian Islands Management Area increases by more than 10 percent of
the actual total loss or constructive total loss of a shoreside processor eligible under
paragraph (1)(A).
(g) Replacement Vessels. In the event of the actual total loss or constructive
total loss of a vessel eligible under subsections (a), (b), (c), (d), or (e), the owner of such
vessel may replace such vessel with a vessel which shall be eligible in the same manner
under that subsection as the eligible vessel, provided—

(1) such loss was caused by an act of God, an act of war, a collision, an act or
omission of a party other than the owner or agent of the vessel, or any other event not
caused by the willful misconduct of the owner or agent;
(2) the replacement vessel was built in the United States and if ever rebuilt, was
rebuilt in the United States;
(3) the fishery endorsement for the replacement vessel is issued within 36 months
of the end of the last year in which the eligible vessel harvested or processed pollock in
the directed pollock fishery;
(4) if the eligible vessel is greater than 165 feet in registered length, of more than
750 gross registered tons, or has engines capable of producing more than 3,000 shaft
horsepower, the replacement vessel is of the same or lesser registered length, gross
registered tons, and shaft horsepower;
(5) if the eligible vessel is less than 165 feet in registered length, of fewer than
750 gross registered tons, and has engines incapable of producing less than 3,000 shaft
horsepower, the replacement vessel is less than each of such thresholds and does not
exceed by more than 10 percent the registered length, gross registered tons or shaft
horsepower of the eligible vessel; and
(6) the replacement vessel otherwise qualifies under federal law for a fishery
endorsement, including under section 12102(c) of title 46, United States Code, as
amended by this Act.
(h) Eligibility During Implementation. In the event the Secretary is unable to
make a final determination about the eligibility of a vessel under subsection (b)(8) or
subsection (3)(21) before January 1, 1999, or a vessel or shoreside processor under
subsection (a), subsection (c)(21), or subsection (f) before January 1, 2000, such vessel or
shoreside processor, upon the filing of an application for eligibility, shall be eligible to
participate in the directed pollock fishery pending final determination by the Secretary
with respect to such vessel or shoreside processor.
(i) Eligibility Not a Right. Eligibility under this subsection shall not be
construed—
(1) to confer any right of compensation, monetary or otherwise, to the owner of
any catcher vessel, catcher/processor, mothership, or shoreside processor, if such
eligibility is revoked or limited in any way, including through the revocation or limitation
of a fishery endorsement or any federal permit or license;
(2) to create any right, title, or interest in or to any fish in any fishery, or
(3) to waive any provision of law otherwise applicable to such catcher vessel,
catcher/processor, mothership, or shoreside processor.
SEC. 209. LIST OF INELIGIBLE VESSELS.
Effective December 31, 1998, the following vessels shall be permanently
ineligible for fishery endorsements, and any claims (including relating to catch history)
associated with any 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 Unite States (including a vessel moratorium permit or license

limitation program permit in fisheries under the authority of the North Pacific Council)
are hereby extinguished:
(1) AMERICAN EMPRESS (United States official number 942347);
(2) PACIFIC SCOUT (United States official number 934772);
(3) PACIFIC EXPLORER (United States official number 942592);
(4) PACIFIC NAVIGATOR (United States official number 592204);
(5) VICTORIA ANN (United States official number 592207);
(6) ELIZABETH ANN (United States official number 534621);
(7) CHRISTINA ANN (United States official number 653045);
(8) REBECCA ANN (United States official number 592205);
(9) BROWNS POINT (United States official number 587440);
SEC. 210. FISHERY COOPERATIVE LIMITATIONS.
(a) Public Notice. (1) Any contract implementing a fishery cooperative under
section 1 of the Act of June 25, 1934 (15 U.S.C. 521) in the directed pollock fishery and
any material modifications to any such contract shall be filed not less than 30 days prior
to the start of fishing under the contract with the North Pacific Council and with the
Secretary, together with a copy of a letter from a party to the contract requesting a
business review letter on the fishery cooperative from the Department of Justice and any
response to such request. Notwithstanding section 402 of the Magnuson-Stevens Act (16
U.S.C. 1881a) or any other provision of law, but taking into account the interest of parties
to any such contract in protecting the confidentiality of proprietary information, the North
Pacific Council and Secretary shall—
(A) make available to the public such information about the contract, contract
modifications, or fishery cooperative the North Pacific Council and Secretary deem
appropriate, which at a minimum shall include a list of the parties to the contract, a list of
the vessels involved, and the amount of pollock and other fish to be harvested by each
party to such contract; and
(B) make available to the public in such manner as the North Pacific Council and
Secretary deem appropriate information about the harvest by vessels under a fishery
cooperative of all species (including bycatch) in the directed pollock fishery on a vesselby-vessel basis.
(b) Catcher Vessels Onshore—
(1) Catcher Vessel Cooperatives. Effective January 1, 2000, upon the filing of a
contract implementing a fishery cooperative under subsection (a) which—
(A) is signed by the owners of 80 percent or more of the qualified catcher vessels
that delivered pollock for processing by a shoreside processor in the directed pollock
fishery in the year prior to the year in which the fishery cooperative will be in effect; and
(B) specifies, except as provided in paragraph (6), that such catcher vessels will
deliver pollock in the directed pollock fishery only to such shoreside processor during the
year in which the fishery cooperative will be in effect and that such shoreside processor
has agreed to process such pollock, the Secretary shall allow only such catcher vessels
(and catcher vessels whose owners voluntarily participate pursuant to paragraph (2)) to
harvest the aggregate percentage of the directed fishing allowance under section
206(b)(1) in the year in which the fishery cooperative will be in effect that is equivalent

to the aggregate total amount of pollock harvested by such catcher vessels (and by such
catcher vessels whose owners voluntarily participate pursuant to paragraph(2)) in the
directed pollock fishery for processing by the inshore component during 1995, 1996, and
1997 relative to the aggregate total amount of pollock harvested in the directed pollock
fishery for processing by the inshore component during such years and shall prevent such
catcher vessels (and catcher vessels whose owners voluntarily participate pursuant to
paragraph (2)) from harvesting in aggregate in excess of such percentage of such directed
fishing allowance.
(2) Voluntary Participation. Any contract implementing a fishery cooperative
under paragraph (1) must allow the owners of other qualified catcher vessels to enter into
such contract after it is filed and before the calendar year in which fishing will begin
under the same terms and conditions as the owners of the qualified catcher vessels who
entered into such contract upon filing.
(3) Qualified Catcher Vessel. For the purposes of this subsection, a catcher vessel
shall be considered a “qualified catcher vessel” if, during the year prior to the year in
which the fishery cooperative will be in effect, it delivered more pollock to the shoreside
processor to which it will deliver pollock under the fishery cooperative in paragraph (1)
than to any other shoreside processor.
(4) Consideration of Certain Vessels. Any contract implementing a fishery
cooperative under paragraph (1) which has been entered into by the owner of a qualified
catcher vessel eligible under section 208(a) that harvested pollock for processing by
catcher/processors or motherships in the directed pollock fishery during 1995, 1996, and
1997 shall, to the extent practicable, provide fair and equitable terms and conditions for
the owner of such qualified catcher vessel.
(5) Open Access. A catcher vessel eligible under section 208(a) the catch history
of history which has not been attributed to a fishery cooperative under paragraph (1) may
be used to deliver pollock harvested by such vessel from the directed fishing allowance
under section 206(b)(1) (other than pollock reserved under paragraph (1) for a fishery
cooperative) to any of the shoreside processors eligible under section 208(a) the catch
history of which has been attributed to a fishery cooperative under paragraph (1) during
any calendar year may not harvest any pollock apportioned under section 206(b)(1) in
such calendar year other than the pollock reserved under paragraph (1) for such fishery
cooperative.
(6) Transfer of Cooperative Harvest. A contract implementing a fishery
cooperative under paragraph (1) may, notwithstanding the other provisions of this
subsection, provide for up to 10 percent of the pollock harvested under such cooperative
to be processed by a shoreside processor eligible under section 208(f) other than the
shoreside processor to which pollock will be delivered under paragraph (1).
(c) Catcher Vessels to Catcher/Processors. Effective January 1, 1999, not less
than 8.5 percent of the directed fishing allowance under section 206(b)(2) shall be
available for harvest only by the catcher vessels eligible under section 208(b). The
owners of such catcher vessels may participate in a fishery cooperative with the owners
of the catcher/processors eligible under paragraphs (1) through (20) of section 208(e).
The owners of such catcher vessels may participate in a fishery cooperative that will be in
effect during 1999 only if the contract implementing such cooperative establishes

penalties to prevent such vessels from exceeding in 1999 the traditional levels harvested
by such vessels in all other fisheries in the exclusive economic zone of the United States.
(d) Catcher Vessels to Motherships—
(1) Processing. Effective January 1, 2000, the authority in section 1 of the Act of
June 25, 1934 (46 STAT. 1213 and 1214; 15 U.S.C. 521 et seq.) shall extend to
processing by motherships eligible under section 208(d) solely for the purposes of
forming or participating in a fishery cooperative in the directed pollock fishery upon the
filing of a contract to implement a fishery cooperative under subsection (a) which has
been entered into by the owners of 80 percent or more of the catcher vessels eligible
under section 208(c) for the duration of such contract, provided that such owners agree to
the terms of the fishery cooperative involving processing by the motherships.
(2) Voluntary Participation. Any contract implementing a fishery cooperative
described in paragraph (1) must allow the owners of any other catcher vessels eligible
under section 208(c) to enter such contract after it is filed and before the calendar year in
which the fishing will begin under the same terms and conditions as the owners of the
catcher vessels who entered into such contract upon filing.
(e) Excessive Shares.
(1) Harvesting. No particular individual, corporation, or other entity may harvest,
through a fishery cooperative or otherwise, a total of more than 17.5 percent of the
pollock available to be harvested in the directed pollock fishery.
(2) Processing. Under the authority of section 301(a)(4) of the MagnusonStevens Act (16 U.S.C. 1851(a)(4)), the North Pacific Council is directed to recommend
for approval by the Secretary conservation and management measures to prevent any
particular individual or entity from processing an excessive share of the pollock available
to be harvested in the directed pollock fishery. In the event the North Pacific Council
recommends and the Secretary approves an excessive processing share that is lower than
17.5 percent, any individual or entity that previously processed a percentage greater than
such share shall be allowed to continue to process such percentage, except that their
percentage may not exceed 17.5 percent (excluding pollock processed by
catcher/processors that was harvested in the directed pollock fishery by catcher vessels
eligible under section 208(b)) and shall be reduced if their percentage decreases, until
their percentages is below such share. In recommending the excessive processing share,
the Northern Pacific Council shall consider the need of catcher vessels in the directed
Pollock fishery to have competitive buyers for the pollock harvested by such vessels.
(3) Review by Maritime Administration. At the request of the North Pacific
Council or the Secretary, any individual or entity believed by such Council or the
Secretary to have exceeded the percentage in either paragraph (1) or (2) shall submit such
information to the Administrator of the Maritime Administration as the Administrator
deems appropriate to allow the Administrator to determine whether such individual or
entity has exceeded either such percentage. The Administrator shall make a finding as
soon as practicable upon such request and shall submit such finding to the North Pacific
Council and the Secretary. For the purposes of this subsection, any entity in which 10
percent or more of the interest is owned or controlled by another individual or entity shall
be considered to be the same entity as the other individual or entity.

(f) Landing Tax Jurisdiction. Any contract filed under subsection (a) shall
include a contract clause under which the parties to the contract agree to make payments
to the State of Alaska for any pollock harvested in the directed pollock fishery which is
not landed in the State of Alaska, in amounts which would otherwise accrue had pollock
been landed in the State of Alaska subject to any landing taxes established under Alaska
law. Failure to include such a contract clause or for such amounts to be paid shall result
in a revocation of the authority to form fishery cooperatives under section 1 of the Act of
June 25, 1934 (15 U.S.C. 521 et seq.).
(g) Penalties. The violation of any of the requirements of this subtitle or any
regulation or permit issued pursuant to this subtitle shall be considered the commission of
an act prohibited by section 307 of the Magnuson-Stevens Act (16 U.S.C. 1857), and
sections 308, 309, 310, and 311 of such Act (16 U.S.C. 1858, 1859, 1860, and 1861) shall
apply to any such violation in the same manner as to the commission of an act prohibited
by section 307 of such Act (16 U.S.C. 1857). In addition to the civil penalties and permit
sanctions applicable to prohibited acts under section 308 of such Act (16 U.S.C. 1858),
any person who is found by the Secretary, after notice and an opportunity for a hearing in
accordance with section 554 of title 5, United States Code, to have violated a requirement
of this section shall be subject to the forfeiture to the Secretary of Commerce of any fish
harvested or processed during the commission of such act.
SEC. 211. PROTECTIONS FOR OTHER FISHERIES; CONSERVATION
MEASURES.
(a) General. The North Pacific Council shall recommend for approval by the
Secretary such conservation and management measures as it determines necessary to
protect other fisheries under its jurisdiction and the participants in those fisheries,
including processors, from adverse impacts caused by this Act 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 superseded (with the
exception of paragraph (4)) by conservation and management measures recommended
after the date of the enactment of this Act by the North Pacific Council and approved by
the Secretary in accordance with the Magnuson-Stevens Act.
(2) Bering Sea Fishing. The catcher/processors eligible under paragraphs (1)
through (20) of section 208(e) are hereby prohibited from, in the aggregate—
(A) exceeding the percentage of the harvest available in the offshore component
of any Bering Sea and Aleutian Islands groundfish fishery (other than the pollock fishery)
that is equivalent to the total harvest by such catcher/processors and the
catcher/processors listed in section 209 in the fishery in 1995, 1996, and 1997 relative to
the total amount available to be harvested by the offshore component in the fishery in
1995, 1996, and 1997;
(B) exceeding the percentage of the prohibited species available in the offshore
component of any Bering Sea and Aleutian Islands groundfish fishery (other than the

pollock fishery) that is equivalent to the total of the prohibited species harvested by such
catcher/processors and the catcher/processors listed in section 209 in the fishery in 1995,
1996, and 1997 relative to the total amount of prohibited species available to be harvested
by the offshore component in the fishery in 1995, 1996, and 1997.
(C) fishing for Atak mackerel in the eastern area of the Bering Sea and Aleutian
Islands and from exceeding the following percentages of the directed harvest available in
the Bering Sea and Aleutian Islands mackerel fishery—
(i) 11.5 percent in the central area; and
(ii) 20 percent in the western area.
(3) Bering Sea Processing. The catcher/processors eligible under paragraphs (10
through (20) of section 208(e) are hereby prohibited from—
(A) processing any of the directed fishing allowances under paragraphs (1) or (3)
of section 206(b); and
(B) processing any species of crab harvested in the Bering Sea and Aleutian
Islands Management Area.
(4) Gulf of Alaska. The catcher/processors eligible under paragraphs (1) through
(20) of section 208(e) are hereby prohibited from—
(A) harvesting any fish in the Gulf of Alaska.
(B) processing any groundfish harvested from the portion of the exclusive
economic zone off Alaska known as area 630 under the fishery management plan for
Gulf of Alaska groundfish; or
(C) processing any pollock in the Gulf of Alaska (other than as bycatch in nonpollock groundfish fisheries) or processing, in the aggregate, a total of more than 10
percent of the cod harvested from areas 610, 620, and 640 of the Gulf of Alaska under the
fishery management plan for Gulf of Alaska groundfish.
(5) Fisheries Other than North Pacific. The catcher/processors eligible under
paragraphs (1) through (20) of section 208(e) and motherships eligible under section
208(d) are hereby prohibited from harvesting fish in any fishery under the authority of
any regional fishery management council established under section 302(a) of the
Magnuson-Stevens Act (16 U.S.C. 1852(a)) other than the North Pacific Council, except
for the Pacific whiting fishery, and from processing fish in any fishery under the
authority of any such regional fishery management council other than North Pacific
Council, except in the Pacific whiting fishery, unless the catcher/processor or mothership
is authorized to harvest or process fish under a fishery management plan recommended
by the regional fishery management council of jurisdiction and approved by the
Secretary.
(6) Observers and Scales. The catcher/processors eligible under paragraphs (1)
through (20) of section 208(e) shall—
(A) have two observers onboard at all times while groundfish is being harvested,
processed, or received from another vessel in any fishery under the authority of the North
Pacific Council; and
(B) weight its catch on a scale onboard approved by the National Marine Fisheries
Services while harvesting groundfish in fisheries under the authority of the North Pacific
Council
This paragraph shall take effect on January 1, 1999 for catcher/processors eligible
under paragraphs (1) through (2) of section 208(e) that will harvest pollock allocated

under section 206(a) in 1999, and shall take effect on January 1, 2000 for all other
catcher/processors eligible under such paragraphs of section 208(e).
(c) Catcher Vessel and Shoreside Processor Restrictions.
(1) Required Council Recommendations. By not later than July 1, 1999, the North
Pacific Council shall recommend for approval by the Secretary conservation and
management measures to—
(A) prevent the catcher vessels eligible under subsections (a), (b), and (c) of
section 208 from exceeding in the aggregate the traditional harvest levels of such vessels
in other fisheries under the authority of the North Pacific Council as a result of fishery
cooperatives in the directed pollock fisheries; 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 conversation and
management measures by such date, or if the Secretary determines that such conservation
and management measures recommended by the North Pacific Council are not adequate
to fulfill the purposes of this paragraph, the Secretary may by regulation restrict or
change the authority in section 210(b) to the extent the Secretary deems appropriate,
including by preventing fishery cooperatives from being formed pursuant to such section
and by providing greater flexibility with respect to the shoreside processor or shoreside
processors to which catcher vessel in a fishery cooperative under section 210(b) may
deliver pollock.
(2) Bering Sea Crab and Groundfish.
(A) Effective January 1, 2000, the owners of the motherships eligible under
section 208(d) and the shoreside processors eligible under section 208(f) that receive
pollock from the directed pollock fishery under a fishery cooperative are hereby
prohibited from processing, in the aggregate for each calendar year, more than the
percentage of the total catch of each species of crab in directed fisheries under the
jurisdiction of the North Pacific Council than facilities operated by such owners
processed of each such species in the aggregate, on average, in 1995, 1996, and 1997.
For the purposes of this subparagraph the term “facilities” means any processing plant,
catcher/processor, mothership, floating processor, or any other operation that processes
fish. Any entity in which 10 percent or more of the interest is owned or controlled by
another individual or entity shall be considered to be the same entity as the other
individual or entity for the purposes of this subparagraph.
(B) Under the authority of section 301(a)(4) of the Magnuson-Stevens Act (16
U.S.C. 1851(a)(4)), the North Pacific Council is directed to recommend for approval by
the Secretary conservation and management measures to prevent any particular individual
or entity from harvesting an excessive share of crab or of groundfish in fisheries in the
Bering Sea and Aleutian Islands Management Area.
(C) The catcher vessels eligible under section 208(b) are hereby prohibited from
participating in a directed fishery for any species of crab in the Bering Sea and Aleutian
Islands Management Area unless the catcher vessel harvested crab in the directed fishery
for that species of crab in such Area during 1997 and is eligible to harvest such crab in
such directed fishery under the license limitation program recommended by the North

Pacific Council and approved by the Secretary. The north Pacific Council is directed to
recommend measures for approval by the Secretary to eliminate latent licenses under
such program, and nothing in this subparagraph shall preclude the Council from
recommending measures more restrictive than under this paragraph.
(3) Fisheries Other than North Pacific.
(A) By not later than July 1, 2000, the Pacific Fishery Management Council
established under section 302(a)(1)(F) of the Magnuson-Stevens Act (16 U.S.C. 1852
(a)(1)(F)) shall recommend for approval by the Secretary conservation and management
measures to protect fisheries under its jurisdiction and the participants in those fisheries
from adverse impacts caused by this Act or by any fishery cooperatives in the directed
pollock fishery.
(B) If the Pacific Council does not recommend such conservation and
management measures by such date, or if the Secretary determines that such conservation
and management measures recommended by the Pacific Council are not adequate to
fulfill the purposes of this paragraph, the Secretary may be regulation implement
adequate measures including, but not limited to, restrictions on vessels which harvest
pollock under a fishery cooperative which will prevent such vessels from harvesting
Pacific groundfish, and restrictions on the number of processors eligible to process
Pacific groundfish.
(d) Bycatch Information. Notwithstanding section 402 of the MagnusonStevens Act (16 U.S.C. 1881a), the North Pacific Council may recommend and the
Secretary may approve, under such terms and conditions as the North Pacific Council and
Secretary deem appropriate, the public disclosure of any information from the groundfish
fisheries under the authority of such Council that would be beneficial in the
implementation of section 301(a)(9) or section 303(a)(11) of the Magnuson-Stevens Act
(16 U.S.C. 1851(a)(9) and 1853(a)(11)).
(c) Community Development Loan Program. Under the authority of title XI of
the Merchant Marine Act, 1936 (46 U.S.C. App. 1271 et seq.), and subject to the
availability of appropriations, the Secretary is authorized to provide direct loan
obligations to communities eligible to participate in the western Alaska community
development quota program established under section 304(i) of the Magnuson-Stevens
Act (16 U.S.C. 1855(i)) for the purposes of purchasing all or part of an ownership interest
in vessels and shoreside processors eligible under subsections (a), (b), (c), (d), (e), or (f)
of section 208. Notwithstanding the eligibility criteria in section 208(a) and 208(c), the
LISA MARIE (United States official number 1038717) shall be eligible under such
sections in the same manner as other vessels eligible under such sections.
SEC. 212. RESTRICTION ON FEDERA LOANS. Section 302(b) of the Fisheries
Financing Act (46 U.S.C. 1274 note) is amended—
(1) by inserting “(1)” before “Until October 1, 2001”; and
(2) by inserting at the end the following new paragraph: “(2) No loans may be
provided or guaranteed by the Federal Government for the construction or rebuilding of a
vessel intended for use as a fishing vessel (as defined in section 2101 of title 46, United
States Code), if such vessel will be greater than 165 feet in registered length, of more

than 750 gross registered tons, or have an engine or engines capable of producing a total
of more than 3,000 shaft horsepower, after such construction or rebuilding is completed.
This prohibition shall not apply to vessels to be used in the menhaden fishery or in tuna
purse seine fisheries outside the exclusive economic zone of the United States or the area
of the South Pacific Regional fisheries Treaty.”
SEC. 213. DURATION.
(a) General. Except as otherwise provided in this title, the provisions of this title
shall take effect upon the date of the enactment of this Act. Section 206, 208, and 210
shall remain in effect until December 31, 2004, and shall be repealed on such date, except
that the North Pacific Council may recommend and the Secretary may approve
conservation and management measures as part of a fishery management plan under the
Magnuson-Stevens Act to give effect to the measures in such sections thereafter.
(b) Existing Authority. Except for the measures required by this subtitle,
nothing in this subtitle shall be construed to limit the authority of the North Pacific
Council or the Secretary under the Magnuson-Stevens Act.
(c) Changes to Fishery Cooperative Limitations and Pollock CDQ Allocation.
The North Pacific Council may recommend and the Secretary may approve conservation
and management measures in accordance with the Magnuson-Stevens Act—
(1) that supersede the provisions of this subtitle, except for section 206 and 208,
for conservation purposes or to mitigate adverse effects in fisheries or on owners of fewer
than three vessels in the directed pollock fishery caused by this title or fishery
cooperatives in the directed pollock fishery caused by this title or fishery cooperatives in
the directed pollock fishery, provided such measures take into account all factors
affecting the fisheries and are imposed fairly and equitable 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 finding by such Council that the western Alaska community development
quota program for pollock has been adversely affected by the amendments in this
subtitle; or
(3) that supersede the criteria required in paragraph (1) of section 210(b) to be
used by the Secretary to set the percentage allowed to be harvested by catcher vessels
pursuant to a fishery cooperative under such paragraph.
(d) Report to Congress. Not later than October 1, 2000, the North Pacific
Council shall submit a report to the Secretary and to Congress on the implementation and
effects of this Act, including the effects on fishery conservation and management, on
bycatch levels, on fishing communities, on business and employment practices of
participants in any fishery cooperatives, on the western Alaska community development
quota program, on any fisheries outside of the authority of the North Pacific Council, and
such other matters as the North Pacific Council deems appropriate.
(e) Report on Fillet Production. Not later than June 1, 2000, the General
Accounting Office shall submit a report to the North Pacific Council, the Secretary, and

the Congress on whether this Act has negatively affected the market for fillets and fillet
blocks, including through the reduction in supply of such fillets and fillet blocks. If the
report determines that such market has been negatively affected, the North Pacific
Council shall recommend measures for the Secretary’s approval to mitigate any negative
effects.
(f) Severability. If any provision of this title, an amendment made by this title, or
the application of such provision or amendment to any person or circumstance is held to
be unconstitutional, the remainder of this title, the amendments made by this title, and the
application of the provisions of such to any person or circumstance shall not be affected
thereby.
(g) International Agreements. In the event that any provision of section
12102(c) or section 31322(a) of title 46, United States Code, as amended by this Act, is
determined to be inconsistent with an existing international agreement relating to foreign
investment to which the United States is a party with respect to the owner or mortgagee
on October 1, 2001 of a vessel with a fishery endorsement, such provision shall not apply
to that owner or mortgagee with respect to such vessel to the extent of any inconsistency.
The provisions of section 12102(c) section 31322(a) of title 46, United States Code, as
amended by this Act, shall apply to all subsequent owners and mortgagees of such vessel,
and shall apply, notwithstanding the preceding sentence, to the owner on October 1, 2001
of such vessel if any ownership interest in that owner is transferred or otherwise acquired
by a foreign individual or entity after such date.