16 Usc 1851 - Afa

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16 USC 1851: National standards for fishery conservation and management
Text contains those laws in effect on June 25, 2024
From Title 16-CONSERVATION
CHAPTER 38-FISHERY CONSERVATION AND MANAGEMENT
SUBCHAPTER IV-NATIONAL FISHERY MANAGEMENT PROGRAM
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Short Title

§1851. National standards for fishery conservation and management
(a) In general
Any fishery management plan prepared, and any regulation promulgated to implement any such plan, pursuant to
this subchapter shall be consistent with the following national standards for fishery conservation and management:
(1) Conservation and management measures shall prevent overfishing while achieving, on a continuing basis, the
optimum yield from each fishery for the United States fishing industry.
(2) Conservation and management measures shall be based upon the best scientific information available.
(3) To the extent practicable, an individual stock of fish shall be managed as a unit throughout its range, and
interrelated stocks of fish shall be managed as a unit or in close coordination.
(4) Conservation and management measures shall not discriminate between residents of different States. If it
becomes necessary to allocate or assign fishing privileges among various United States fishermen, such allocation
shall be (A) fair and equitable to all such fishermen; (B) reasonably calculated to promote conservation; and (C)
carried out in such manner that no particular individual, corporation, or other entity acquires an excessive share of
such privileges.
(5) Conservation and management measures shall, where practicable, consider efficiency in the utilization of
fishery resources; except that no such measure shall have economic allocation as its sole purpose.
(6) Conservation and management measures shall take into account and allow for variations among, and
contingencies in, fisheries, fishery resources, and catches.
(7) Conservation and management measures shall, where practicable, minimize costs and avoid unnecessary
duplication.
(8) Conservation and management measures shall, consistent with the conservation requirements of this chapter
(including the prevention of overfishing and rebuilding of overfished stocks), take into account the importance of
fishery resources to fishing communities by utilizing economic and social data that meet the requirements of
paragraph (2), in order to (A) provide for the sustained participation of such communities, and (B) to the extent
practicable, minimize adverse economic impacts on such communities.
(9) Conservation and management measures shall, to the extent practicable, (A) minimize bycatch and (B) to the
extent bycatch cannot be avoided, minimize the mortality of such bycatch.
(10) Conservation and management measures shall, to the extent practicable, promote the safety of human life at
sea.
(b) Guidelines
The Secretary shall establish advisory guidelines (which shall not have the force and effect of law), based on the
national standards, to assist in the development of fishery management plans.
( Pub. L. 94–265, title III, §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 Fishery Conservation and Management Act, which
is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title
note set out under section 1801 of this title and Tables.

Amendments
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2007-Subsec. (a)(8). Pub. L. 109–479 inserted "by utilizing economic and social data that meet the
requirements of paragraph (2)," after "fishing communities".
1996-Subsec. (a)(5). Pub. L. 104–297, §106(a), substituted "consider efficiency" for "promote efficiency".
Subsec. (a)(8) to (10). Pub. L. 104–297, §106(b), added pars. (8) to (10).
1984-Subsec. (a)(1). Pub. L. 98–623 inserted "for the United States fishing industry".
1983-Subsec. (b). Pub. L. 97–453 substituted "advisory guidelines (which shall not have the force and
effect of law)" for "guidelines".
Statutory Notes and Related Subsidiaries

Short Title of 1997 Amendment
Pub. L. 105–146, §1, Dec. 16, 1997, 111 Stat. 2672 , provided that: "This Act [repealing section 757g of this
title, amending provisions set out as notes under this section and listed in a table of National Wildlife
Conservation Areas set out under section 668dd of this title, and repealing provisions set out as notes under

this section] may be cited as the 'Atlantic Striped Bass Conservation Act Amendments of 1997'."

Limitation on Funding for Fishery Management Plan for the Reef Fish
Resources of the Gulf of Mexico
Pub. L. 115–31, div. B, title I, §110, May 5, 2017, 131 Stat. 191 , provided that: "None of the funds
appropriated or otherwise made available in this or any other Act, with respect to any fiscal year, may be
used in contravention of section 110 of the Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2016 (Public Law 114–113) [129 Stat. 2295]."

Longline Catcher Processor Subsector Single Fishery Cooperative
Pub. L. 111–335, Dec. 22, 2010, 124 Stat. 3583 , provided that:

"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Longline Catcher Processor Subsector Single Fishery Cooperative Act'.
"SEC. 2. AUTHORITY TO APPROVE AND IMPLEMENT A SINGLE FISHERY COOPERATIVE FOR THE
LONGLINE CATCHER PROCESSOR SUBSECTOR IN THE BSAI.
"(a) In General.-Upon the request of eligible members of the longline catcher processor subsector
holding at least 80 percent of the licenses issued for that subsector, the Secretary is authorized to
approve a single fishery cooperative for the longline catcher processor subsector in the BSAI.
"(b) Limitation.-A single fishery cooperative approved under this section shall include a limitation
prohibiting any eligible member from harvesting a total of more than 20 percent of the Pacific cod
available to be harvested in the longline catcher processor subsector, the violation of which is subject to
the penalties, sanctions, and forfeitures under section 308 of the Magnuson-Stevens Act (16 U.S.C. 1858),
except that such limitation shall not apply to harvest amounts from quota assigned explicitly to a CDQ
group as part of a CDQ allocation to an entity established by section 305(i) of the Magnuson-Stevens Act
(16 U.S.C. 1855(i)).
"(c) Contract Submission and Review.-The longline catcher processor subsector shall submit to the
Secretary"(1) not later than November 1 of each year, a contract to implement a single fishery cooperative
approved under this section for the following calendar year; and
"(2) not later than 60 days prior to the commencement of fishing under the single fishery
cooperative, any interim modifications to the contract submitted under paragraph (1).
"(d) Department of Justice Review.-Not later than November 1 before the first year of fishing under a
single fishery cooperative approved under this section, the longline catcher processor sector shall submit
to the Secretary a copy of a letter from a party to the contract under subsection (c)(1) requesting a
business review letter from the Attorney General and any response to such request.
"(e) Implementation.-The Secretary shall implement a single fishery cooperative approved under this
section not later than 2 years after receiving a request under subsection (a).
"(f) Status Quo Fishery.-If the longline catcher processor subsector does not submit a contract to the
Secretary under subsection (c) then the longline catcher processor subsector in the BSAI shall operate as
a limited access fishery for the following year subject to the license limitation program in effect for the
longline catcher processor subsector on the date of enactment of this Act [Dec. 22, 2010] or any
subsequent modifications to the license limitation program recommended by the Council and approved by
the Secretary.
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"SEC. 3. HARVEST AND PROHIBITED SPECIES ALLOCATIONS TO A SINGLE FISHERY
COOPERATIVE FOR THE LONGLINE CATCHER PROCESSOR SUBSECTOR IN THE BSAI.
"A single fishery cooperative approved under section 2 may, on an annual basis, collectively"(1) harvest the total amount of BSAI Pacific cod total allowable catch, less any amount allocated
to the longline catcher processor subsector non-cooperative limited access fishery;
"(2) utilize the total amount of BSAI Pacific cod prohibited species catch allocation, less any
amount allocated to a longline catcher processor subsector non-cooperative limited access fishery; and
"(3) harvest any reallocation of Pacific cod to the longline catcher processor subsector during a
fishing year by the Secretary.
"SEC. 4. LONGLINE CATCHER PROCESSOR SUBSECTOR NON-COOPERATIVE LIMITED ACCESS
FISHERY.
"(a) In General.-An eligible member that elects not to participate in a single fishery cooperative
approved under section 2 shall operate in a non-cooperative limited access fishery subject to the license
limitation program in effect for the longline catcher processor subsector on the date of enactment of this
Act [Dec. 22, 2010] or any subsequent modifications to the license limitation program recommended by
the Council and approved by the Secretary.
"(b) Harvest and Prohibited Species Allocations.-Eligible members operating in a non-cooperative
limited access fishery under this section may collectively"(1) harvest the percentage of BSAI Pacific cod total allowable catch equal to the combined
average percentage of the BSAI Pacific cod harvest allocated to the longline catcher processor sector
and retained by the vessel or vessels designated on the eligible members license limitation program
license or licenses for 2006, 2007, and 2008, according to the catch accounting system data used to
establish total catch; and
"(2) utilize the percentage of BSAI Pacific cod prohibited species catch allocation equal to the
percentage calculated under paragraph (1).
"SEC. 5. AUTHORITY OF THE NORTH PACIFIC FISHERY MANAGEMENT COUNCIL.
"(a) In General.-Nothing in this Act shall supersede the authority of the Council to recommend for
approval by the Secretary such conservation and management measures, in accordance with the
Magnuson-Stevens Act (16 U.S.C. 1801 et seq.) as it considers necessary to ensure that this Act does not
diminish the effectiveness of fishery management in the BSAI or the Gulf of Alaska Pacific cod fishery.
"(b) Limitations."(1) Notwithstanding the authority provided to the Council under this section, the Council is
prohibited from altering or otherwise modifying"(A) the methodology established under section 3 for allocating the BSAI Pacific cod total
allowable catch and BSAI Pacific cod prohibited species catch allocation to a single fishery
cooperative approved under this Act; or
"(B) the methodology established under section 4 of this Act for allocating the BSAI Pacific cod
total allowable catch and BSAI Pacific cod prohibited species catch allocation to the non-cooperative
limited access fishery.
"(2) No sooner than 7 years after approval of a single fisheries cooperative under section 2 of this
Act, the Council may modify the harvest limitation established under section 2(b) if such modification
does not negatively impact any eligible member of the longline catcher processor subsector.
"(c) Protections for the Gulf of Alaska Pacific Cod Fishery.-The Council may recommend for approval
by the Secretary such harvest limitations of Pacific cod by the longline catcher processor subsector in the
Western Gulf of Alaska and the Central Gulf of Alaska as may be necessary to protect coastal
communities and other Gulf of Alaska participants from potential competitive advantages provided to the
longline catcher processor subsector by this Act.
"SEC. 6. RELATIONSHIP TO THE MAGNUSON-STEVENS ACT.
"(a) In General.-Consistent with section 301(a) of the Magnuson-Stevens Act (16 U.S.C. 1851(a)), a
single fishery cooperative approved under section 2 of this Act is intended to enhance conservation and
sustainable fishery management, reduce and minimize bycatch, promote social and economic benefits,
and improve the vessel safety of the longline catcher processor subsector in the BSAI.
"(b) Transition Rule.-A single fishery cooperative approved under section 2 of this Act is deemed to
meet the requirements of section 303A(i) of the Magnuson-Stevens Act (16 U.S.C. 1853a(i)) as if it had
been approved by the Secretary within 6 months after the date of enactment of the Magnuson-Stevens
Fishery Conservation and Management Reauthorization Act of 2006 [Pub. L. 109–479, approved Jan. 12,
2007], unless the Secretary makes a determination, within 30 days after the date of enactment of this Act
[Dec. 22, 2010], that application of section 303A(i) of the Magnuson-Stevens Act to the cooperative
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approved under section 2 of this Act would be inconsistent with the purposes for which section 303A was
added to the Magnuson-Stevens Act.
"(c) Cost Recovery.-Consistent with section 304(d)(2) of the Magnuson-Stevens Act (16 U.S.C. 1854(d)
(2)), the Secretary is authorized to recover reasonable costs to administer a single fishery cooperative
approved under section 2 of this Act.
"SEC. 7. COMMUNITY DEVELOPMENT QUOTA PROGRAM.
"Nothing in this Act shall affect the western Alaska community development program established by
section 305(i) of the Magnuson-Stevens Act (16 U.S.C. 1855(i)), including the allocation of fishery
resources in the directed Pacific cod fishery.
"SEC. 8. DEFINITIONS.
"In this Act:
"(1) BSAI.-The term 'BSAI' has the meaning given that term in section 219(a)(2) of the Department
of Commerce and Related Agencies Appropriations Act, 2005 (Public Law 108–447; 118 Stat. 2886).
"(2) BSAI pacific cod total allowable catch.-The term 'BSAI Pacific cod total allowable catch'
means the Pacific cod total allowable catch for the directed longline catcher processor subsector in the
BSAI as established on an annual basis by the Council and approved by the Secretary.
"(3) BSAI pacific cod prohibited species catch allocation.-The term 'BSAI Pacific cod prohibited
species catch allocation' means the prohibited species catch allocation for the directed longline catcher
processor subsector in the BSAI as established on an annual basis by the Council and approved by the
Secretary.
"(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
license, or licenses, eligible to participate in the longline catcher processor subsector.
"(6) Gulf of alaska.-The term 'Gulf of Alaska' means that portion of the Exclusive Economic Zone
contained in Statistical Areas 610, 620, and 630.
"(7) Longline catcher processor subsector.-The term 'longline catcher processor subsector' has
the meaning given that term in section 219(a)(6) of the Department of Commerce and Related
Agencies Appropriations Act, 2005 (Public Law 108–447; 118 Stat. 2886 [2887]).
"(8) Magnuson-stevens act.-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 hypothesis;
"(3) the authority to manage commercial fisheries in Federal waters lies with the regional councils
and the Secretary of Commerce (hereafter in this section 'Secretary') pursuant to the MagnusonStevens Fishery Conservation and Management Act [16 U.S.C. 1801 et seq.] (hereafter in this section
'Magnuson-Stevens Act'); and
"(4) the Secretary of Commerce shall comply with the Magnuson-Stevens Act when using fishery
management plans and regulations to implement the decisions made pursuant to findings under the
Endangered Species Act [of 1973, 16 U.S.C. 1531 et seq.], and shall utilize the processes and
procedures of the regional fishery management councils as required by the Magnuson-Stevens Act.
"(b) Independent Scientific Review.-The North Pacific Fishery Management Council (hereafter in this
section 'North Pacific Council[']) shall utilize the expertise of the National Academy of Sciences to conduct
an independent scientific review of the November 30, 2000 Biological Opinion for the Bering Sea/Aleutian
Islands and Gulf of Alaska groundfish fisheries (hereafter in this section 'Biological Opinion'), its
underlying hypothesis, and the Reasonable and Prudent Alternatives (hereafter in this section
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'Alternatives') contained therein. The Secretary shall cooperate with the independent scientific review, and
the National Academy of Sciences is requested to give its highest priority to this review.
"(c) Preparation of Fishery Management Plans and Regulations To Implement Protective Measures in
the November 30, 2000 Biological Opinion.-

"(1) The Secretary of Commerce shall submit to the North Pacific Council proposed conservation
and management measures to implement the Alternatives contained in the November 30, 2000
Biological Opinion for the Bering Sea/Aleutian Islands and Gulf of Alaska groundfish fisheries. The
North Pacific Council shall prepare and transmit to the Secretary a fishery management plan
amendment or amendments to implement such Alternatives that are consistent with the MagnusonStevens Act (including requirements in such Act relating to best available science, bycatch reduction,
impacting on fishing communities, the safety of life at sea, and public comment and hearings.)
"(2) The Bering Sea/Aleutian Islands and Gulf of Alaska groundfish fisheries shall be managed in a
manner consistent with the Alternatives contained in the Biological Opinion, except as otherwise
provided in this section. The Alternatives shall become fully effective no later than January 1, 2002, as
revised if necessary and appropriate based on the independent scientific review referred to in
subsection (b) and other new information, and shall be phased in in 2001 as described in paragraph
(3).
"(3) The 2001 Bering Sea/Aleutian Islands and Gulf of Alaska groundfish fisheries shall be
managed in accordance with the fishery management plan and Federal regulations in effect for such
fisheries prior to July 15, 2000, including"(A) conservative total allowable catch levels;
"(B) no entry zones within three miles of rookeries;
"(C) restricted harvest levels near rookeries and haul-outs;
"(D) federally-trained observers;
"(E) spatial and temporal harvest restrictions;
"(F) federally-mandated bycatch reduction programs; and
"(G) additional conservation benefits provided through cooperative fishing arrangements,

and said regulations are hereby restored to full force and effect.

"(4) The Secretary shall amend these regulations by January 20, 2001, after consultation with the
North Pacific Council and in a manner consistent with all law, including the Magnuson-Stevens Act, and
consistent with the Alternatives to the maximum extent practicable, subject to the other provisions of
this subsection.
"(5) The harvest reduction requirement ('Global Control Rule') shall take effect immediately in any
2001 groundfish fishery in which it applies, but shall not cause a reduction in the total allowable catch
of any fishery of more than 10 percent.
"(6) In enforcing regulations for the 2001 fisheries, the Secretary, upon recommendation of the
North Pacific Council, may open critical habitat where needed, adjust seasonal catch levels, and take
other measures as needed to ensure that harvest levels are sufficient to provide income from these
fisheries for small boats and Alaskan on-shore processors that is no less than in 1999.
"(7) The regulations that are promulgated pursuant to paragraph (4) shall not be modified in any
way other than upon recommendation of the North Pacific Council, before March 15, 2001.
"(d) Sea Lion Protection Measures.-$20,000,000 is hereby appropriated to the Secretary of Commerce
to remain available until expended to develop and implement a coordinated, comprehensive research and
recovery program for the Steller sea lion, which shall be designed to study"(1) available prey species;
"(2) predator/prey relationships;
"(3) predation by other marine mammals;
"(4) interactions between fisheries and Steller sea lions, including the localized depletion theory;
"(5) regime shift, climate change, and other impacts associated with changing environmental
conditions in the North Pacific and Bering Sea;
"(6) disease;
"(7) juvenile and pup survival rates;
"(8) population counts;
"(9) nutritional stress;
"(10) foreign commercial harvest of sea lions outside the exclusive economic zone;
"(11) the residual impacts of former government-authorized Steller sea lion eradication bounty
programs; and
"(12) the residual impacts of intentional lethal takes of Steller sea lions.
Within available funds the Secretary shall implement on a pilot basis innovative non-lethal measures to
protect Steller sea lions from marine mammal predators including killer whales.
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"(e) Economic Disaster Relief.-$30,000,000 is hereby appropriated to the Secretary of Commerce to
make available as a direct payment to the Southwest Alaska Municipal Conference to distribute to fishing
communities, businesses, community development quota groups, individuals, and other entities to
mitigate the economic losses caused by Steller sea lion protection measures heretofore incurred;
provided that the President of such organization shall provide a written report to the Secretary and the
House and Senate Appropriations Committee within 6 months of receipt of these funds."

Limitation on Fishing Permits
Pub. L. 105–277, div. A, §101(b) [title VI, §617], Oct. 21, 1998, 112 Stat. 2681–50 , 2681-115, as amended
by Pub. L. 106–31, title III, §3025, May 21, 1999, 113 Stat. 100 , provided that:
"(a) None of the funds made available in this Act or any other Act hereafter enacted may be used to
issue or renew a fishing permit or authorization for any fishing vessel of the United States greater than
165 feet in registered length, of more than 750 gross registered tons, or that has an engine or engines
capable of producing a total of more than 3,000 shaft horsepower as specified in the permit application
required under part 648.4(a)(5) of title 50, Code of Federal Regulations, part 648.12 of title 50, Code of
Federal Regulations, and the authorization required under part 648.80(d)(2) of title 50, Code of Federal
Regulations, to engage in fishing for Atlantic mackerel or herring (or both) under the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), unless the regional fishery
management council of jurisdiction recommends after October 21, 1998, and the Secretary of Commerce
approves, conservation and management measures in accordance with such Act to allow such vessel to
engage in fishing for Atlantic mackerel or herring (or both).
"(b) Any fishing permit or authorization issued or renewed prior to the date of the enactment of this Act
[Oct. 21, 1998] for a fishing vessel to which the prohibition in subsection (a) applies that would allow such
vessel to engage in fishing for Atlantic mackerel or herring (or both) during fiscal year 1999 shall be null
and void, and none of the funds made available in this Act [see Tables for classification] may be used to
issue a fishing permit or authorization that would allow a vessel whose permit or authorization was made
null and void pursuant to this subsection to engage in the catching, taking, or harvesting of fish in any
other fishery within the exclusive economic zone of the United States."

Bering Sea Pollock Fishery
Pub. L. 116–283, div. G, title LVXXXIV [LXXXIV], §8434, Jan. 1, 2021, 134 Stat. 4735 , provided that:
"Notwithstanding section 208(g)(5) of the American Fisheries Act (Public Law 105–277; 16 U.S.C. 1851 note),
a vessel eligible under section 208(e)(21) of such Act that is replaced under section 208(g) of such Act
shall be subject to a sideboard restriction catch limit of zero metric tons in the Bering Sea and Aleutian
Islands and in the Gulf of Alaska unless that vessel is also a replacement vessel under section 679.4(o)
(4) of title 50, Code of Federal Regulations, in which case such vessel shall not be eligible to be a
catcher/processor under section 206(b)(2) of such Act."
Pub. L. 108–199, div. B, title VIII, §803, Jan. 23, 2004, 118 Stat. 110 , provided that:
"(a) Aleutian Islands Pollock Allocation.-Effective 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 Corporation 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 Conservation 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
endorsement, or vessels that are eligible to harvest pollock under section 208 of title II of division C of
Public Law 105–277 [set out below], shall be eligible to form partnerships with the Aleut Corporation (or its
authorized agents) to harvest the allocation under subsection (a). During the years 2004 through 2008,
up to 25 percent of such allocation may be harvested by vessels 60 feet or less in length overall. During
the years 2009 through 2013, up to 50 percent of such allocation may be harvested by vessels 60 feet or
less in length overall. After the year 2012, 50 percent of such allocation shall be harvested by vessels 60
feet or less in length overall, and 50 percent shall be harvested by vessels eligible under such section of
Public Law 105–277.
"(c) Groundfish Optimum Yield Limitation.-The optimum yield for groundfish in the Bering Sea and
Aleutian Islands Management Area shall not exceed 2 million metric tons. For the purposes of
implementing subsections (a) and (b) without adversely affecting current fishery participants, the
allocation under subsection (a) may be in addition to such optimum yield during the years 2004 through
2008 upon recommendation by the North Pacific Council and approval by the Secretary of Commerce (if
consistent with the requirements of the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1801 et seq.)).
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"(d) Management and Allocation.-For the purposes of this section, the North Pacific Fishery
Management Council shall recommend and the Secretary shall approve 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 Management Act (16 U.S.C. 1801 et
seq.)."
Pub. L. 105–277, div. C, title II, subtitle II, Oct. 21, 1998, 112 Stat. 2681–621 , as amended by Pub. L. 106–
31, title III, §3027(a)(2)–(7), May 21, 1999, 113 Stat. 101 ; Pub. L. 107–20, title II, §2202(e)(1), July 24, 2001,
115 Stat. 170 ; Pub. L. 107–77, title II, §211, Nov. 28, 2001, 115 Stat. 779 ; Pub. L. 107–206, title I, §1103, Aug.
2, 2002, 116 Stat. 884 ; Pub. L. 111–281, title VI, §602(b)(1), (3), Oct. 15, 2010, 124 Stat. 2960 , 2961,
provided that:
"SEC. 205. DEFINITIONS.
"As used in this subtitle"(1) the term 'Bering Sea and Aleutian Islands Management Area' has the same meaning as the
meaning given for such term in part 679.2 of title 50, Code of Federal Regulations, as in effect on
October 1, 1998;
"(2) the term 'catcher/processor' means a vessel that is used for harvesting fish and processing
that fish;
"(3) the term 'catcher vessel' means a vessel that is used for harvesting fish and that does not
process pollock onboard;
"(4) the term 'directed pollock fishery' means the fishery for the directed fishing allowances
allocated under paragraphs (1), (2), and (3) of section 206(b);
"(5) the term 'harvest' means to commercially engage in the catching, taking, or harvesting of fish
or any activity that can reasonably be expected to result in the catching, taking, or harvesting of fish;
"(6) the term 'inshore component' means the following categories that process groundfish
harvested in the Bering Sea and Aleutian Islands Management Area:
"(A) shoreside processors, including those eligible under section 208(f); and
"(B) vessels less than 125 feet in length overall that process less than 126 metric tons per
week in round-weight equivalents of an aggregate amount of pollock and Pacific cod;
"(7) the term 'Magnuson-Stevens Act' means the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.);
"(8) the term 'mothership' means a vessel that receives and processes fish from other vessels in
the exclusive economic zone of the United States and is not used for, or equipped to be used for,
harvesting fish;
"(9) the term 'North Pacific Council' means the North Pacific Fishery Management Council
established under section 302(a)(1)(G) of the Magnuson-Stevens Act (16 U.S.C. 1852(a)(1)(G));
"(10) the term 'offshore component' means all vessels not included in the definition of 'inshore
component' that process groundfish harvested in the Bering Sea and Aleutian Islands Management
Area;
"(11) the term 'Secretary' means the Secretary of Commerce; and
"(12) the term 'shoreside processor' means any person or vessel that receives unprocessed fish,
except catcher/processors, motherships, buying stations, restaurants, or persons receiving fish for
personal consumption or bait.
"SEC. 206. ALLOCATIONS.
"(a) Pollock Community Development Quota.-Effective January 1, 1999, 10 percent of the total
allowable catch of pollock in the Bering Sea and Aleutian Islands Management Area shall be allocated as
a directed fishing allowance to the western Alaska community development quota program established
under section 305(i) of the Magnuson-Stevens Act (16 U.S.C. 1855(i)).
"(b) Inshore/Offshore.-Effective January 1, 1999, the remainder of the pollock total allowable catch in
the Bering Sea and Aleutian Islands Management Area, after the subtraction of the allocation under
subsection (a) and the subtraction of allowances for the incidental catch of pollock by vessels harvesting
other groundfish species (including under the western Alaska community development quota program)
shall be allocated as directed fishing allowances as follows"(1) 50 percent to catcher vessels harvesting pollock for processing by the inshore component;
"(2) 40 percent to catcher/processors and catcher vessels harvesting pollock for processing by
catcher/processors in the offshore component; and
"(3) 10 percent to catcher vessels harvesting pollock for processing by motherships in the offshore
component.
"SEC. 207. BUYOUT.
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"(a) Federal Loan.-Under the authority of sections 1111 and 1112 [renumbered 1113, 1114] of title XI of
the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f and 1279g) [now 46 U.S.C. 53735 and 53702(b)] and
notwithstanding the requirements of section 312 of the Magnuson-Stevens Act (16 U.S.C. 1861a), the
Secretary shall, subject to the availability of appropriations for the cost of the direct loan, provide up to
$75,000,000 through a direct loan obligation for the payments required under subsection (d).
"(b) Inshore Fee System.-Notwithstanding the requirements of section 304(d) or 312 of the MagnusonStevens Act (16 U.S.C. 1854(d) and 1861a), the Secretary shall establish a fee for the repayment of such
loan obligation which"(1) shall be six-tenths (0.6) of one cent for each pound round-weight of all pollock harvested from
the directed fishing allowance under section 206(b)(1); and
"(2) shall begin with such pollock harvested on or after January 1, 2000, and continue without
interruption until such loan obligation is fully repaid; and
"(3) shall be collected in accordance with section 312(d)(2)(C) of the Magnuson-Stevens Act (16
U.S.C. 1861a(d)(2)(C)) and in accordance with such other conditions as the Secretary establishes.
"(c) Federal Appropriation.-Under the authority of section 312(c)(1)(B) of the Magnuson-Stevens Act
(16 U.S.C. 1861a(c)(1)(B)), there are authorized to be appropriated $20,000,000 for the payments required
under subsection (d).
"(d) Payments.-Subject to the availability of appropriations for the cost of the direct loan under
subsection (a) and funds under subsection (c), the Secretary shall pay by not later than December 31,
1998"(1) up to $90,000,000 to the owner or owners of the catcher/processors listed in paragraphs (1)
through (9) of section 209, in such manner as the owner or owners, with the concurrence of the
Secretary, agree, except that"(A) the portion of such payment with respect to the catcher/processor listed in paragraph (1)
of section 209 shall be made only after the owner submits a written certification acceptable to the
Secretary that neither the owner nor a purchaser from the owner intends to use such
catcher/processor outside of the exclusive economic zone of the United States to harvest any stock
of fish (as such term is defined in section 3 of the Magnuson-Stevens Act (16 U.S.C. 1802)) that
occurs within the exclusive economic zone of the United States; and
"(B) the portion of such payment with respect to the catcher/processors listed in paragraphs
(2) through (9) of section 209 shall be made only after the owner or owners of such
catcher/processors submit a written certification acceptable to the Secretary that such
catcher/processors will be scrapped by December 31, 2000 and will not, before that date, be used to
harvest or process any fish; and
"(2)(A) if a contract has been filed under section 210(a) by the catcher/processors listed in section
208(e), $5,000,000 to the owner or owners of the catcher/processors listed in paragraphs (10) through
(14) of such section in such manner as the owner or owners, with the concurrence of the Secretary,
agree; or
"(B) if such a contract has not been filed by such date, $5,000,000 to the owners of the catcher
vessels eligible under section 208(b) and the catcher/processors eligible under paragraphs (1) through
(20) of section 208(e), divided based on the amount of the harvest of pollock in the directed pollock
fishery by each such vessel in 1997 in such manner as the Secretary deems appropriate,
except that any such payments shall be reduced by any obligation to the federal government that has not
been satisfied by such owner or owners of any such vessels.
"(e) Penalty.-If the catcher/processor under paragraph (1) of section 209 is used outside of the
exclusive economic zone of the United States to harvest any stock of fish that occurs within the exclusive
economic zone of the United States while the owner who received the payment under subsection (d)(1)
(A) has an ownership interest in such vessel, or if the catcher/processors listed in paragraphs (2) through
(9) of section 209 are determined by the Secretary not to have been scrapped by December 31, 2000 or
to have been used in a manner inconsistent with subsection (d)(1)(B), the Secretary may suspend any or
all of the federal permits which allow any vessels owned in whole or in part by the owner or owners who
received payments under subsection (d)(1) to harvest or process fish within the exclusive economic zone
of the United States until such time as the obligations of such owner or owners under subsection (d)(1)
have been fulfilled to the satisfaction of the Secretary.
"(f) Program Defined; Maturity.-For the purposes of section 1111 [renumbered 1113] of the Merchant
Marine Act, 1936 (46 U.S.C. App. 1279f) [now 46 U.S.C. 53735], the fishing capacity reduction program in this
subtitle shall be within the meaning of the term 'program' as defined and used in such section.
Notwithstanding section 1111(b)(4) [renumbered 1113(b)(4)] of such Act (46 U.S.C. App. 1279f(b)(4)) [now 46
U.S.C. 53735(c)(4)], the debt obligation under subsection (a) of this section may have a maturity not to
exceed 30 years.
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"(g) Fishery Capacity Reduction Regulations.-The Secretary of Commerce shall by not later than
October 15, 1998 publish proposed regulations to implement subsections (b), (c), (d), and (e) of section
312 of the Magnuson-Stevens Act (16 U.S.C. 1861a) and sections 1111 and 1112 [renumbered 1113, 1114]
of title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f and 1279g) [now 46 U.S.C. 53735 and
53702(b)].
"SEC. 208. ELIGIBLE VESSELS AND PROCESSORS.
"(a) Catcher Vessels Onshore.-Effective January 1, 2000, only catcher vessels which are"(1) determined by the Secretary"(A) to have delivered at least 250 metric tons of pollock; or
"(B) to be less than 60 feet in length overall and to have delivered at least 40 metric tons of
pollock,
for processing by the inshore component in the directed pollock fishery in any one of the years 1996 or
1997, or between January 1, 1998 and September 1, 1998;
"(2) eligible to harvest pollock in the directed pollock fishery under the license limitation program
recommended by the North Pacific Council and approved by the Secretary; and
"(3) not listed in subsection (b),
shall be eligible to harvest the directed fishing allowance under section 206(b)(1) pursuant to a federal
fishing permit.
"(b) Catcher Vessels to Catcher/Processors.-Effective January 1, 1999, only the following catcher
vessels shall be eligible to harvest the directed fishing allowance under section 206(b)(2) pursuant to a
federal fishing permit:
"(1) AMERICAN CHALLENGER (United States official number 633219);
"(2) FORUM STAR (United States official number 925863);
"(3) MUIR MILACH (United States official number 611524);
"(4) NEAHKAHNIE (United States official number 599534);
"(5) OCEAN HARVESTER (United States official number 549892);
"(6) SEA STORM (United States official number 628959);
"(7) TRACY ANNE (United States official number 904859); and
"(8) any catcher vessel"(A) determined by the Secretary to have delivered at least 250 metric tons and at least 75
percent of the pollock it harvested in the directed pollock fishery in 1997 to catcher/processors for
processing by the offshore component; and
"(B) eligible to harvest pollock in the directed pollock fishery under the license limitation
program recommended by the North Pacific Council and approved by the Secretary.
"(c) Catcher Vessels to Motherships.-Effective January 1, 2000, only the following catcher vessels
shall be eligible to harvest the directed fishing allowance under section 206(b)(3) pursuant to a federal
fishing permit:
"(1) ALEUTIAN CHALLENGER (United States official number 603820);
"(2) ALYESKA (United States official number 560237);
"(3) AMBER DAWN (United States official number 529425);
"(4) AMERICAN BEAUTY (United States official number 613847);
"(5) CALIFORNIA HORIZON (United States official number 590758);
"(6) MAR-GUN (United States official number 525608);
"(7) MARGARET LYN (United States official number 615563);
"(8) MARK I (United States official number 509552);
"(9) MISTY DAWN (United States official number 926647);
"(10) NORDIC FURY (United States official number 542651);
"(11) OCEAN LEADER (United States official number 561518);
"(12) OCEANIC (United States official number 602279);
"(13) PACIFIC ALLIANCE (United States official number 612084);
"(14) PACIFIC CHALLENGER (United States official number 518937);
"(15) PACIFIC FURY (United States official number 561934);
"(16) PAPADO II (United States official number 536161);
"(17) TRAVELER (United States official number 929356);
"(18) VESTERAALEN (United States official number 611642);
"(19) WESTERN DAWN (United States official number 524423); and
"(20) any vessel"(A) determined by the Secretary to have delivered at least 250 metric tons of pollock for
processing by motherships in the offshore component of the directed pollock fishery in any one of the
years 1996 or 1997, or between January 1, 1998 and September 1, 1998;
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"(B) eligible to harvest pollock in the directed pollock fishery under the license limitation
program recommended by the North Pacific Council and approved by the Secretary; and
"(C) not listed in subsection (b).
"(d) Motherships.-Effective January 1, 2000, only the following motherships shall be eligible to process
the directed fishing allowance under section 206(b)(3) pursuant to a federal fishing permit:
"(1) EXCELLENCE (United States official number 967502);
"(2) GOLDEN ALASKA (United States official number 651041); and
"(3) OCEAN PHOENIX (United States official number 296779).
"(e) Catcher/Processors.-Effective January 1, 1999, only the following catcher/processors shall be
eligible to harvest the directed fishing allowance under section 206(b)(2) pursuant to a federal fishing
permit:
"(1) AMERICAN DYNASTY (United States official number 951307);
"(2) KATIE ANN (United States official number 518441);
"(3) AMERICAN TRIUMPH (United States official number 646737);
"(4) NORTHERN EAGLE (United States official number 506694);
"(5) NORTHERN HAWK (United States official number 643771);
"(6) NORTHERN JAEGER (United States official number 521069);
"(7) OCEAN ROVER (United States official number 552100);
"(8) ALASKA OCEAN (United States official number 637856);
"(9) ENDURANCE (United States official number 592206);
"(10) AMERICAN ENTERPRISE (United States official number 594803);
"(11) ISLAND ENTERPRISE (United States official number 610290);
"(12) KODIAK ENTERPRISE (United States official number 579450);
"(13) SEATTLE ENTERPRISE (United States official number 904767);
"(14) US ENTERPRISE (United States official number 921112);
"(15) ARCTIC STORM (United States official number 903511);
"(16) ARCTIC FJORD (United States official number 940866);
"(17) NORTHERN GLACIER (United States official number 663457);
"(18) PACIFIC GLACIER (United States official number 933627);
"(19) HIGHLAND LIGHT (United States official number 577044);
"(20) STARBOUND (United States official number 944658); and
"(21) any catcher/processor not listed in this subsection and determined by the Secretary to have
harvested more than 2,000 metric tons of the pollock in the 1997 directed pollock fishery and
determined to be eligible to harvest pollock in the directed pollock fishery under the license limitation
program recommended by the North Pacific Council and approved by the Secretary, except that
catcher/processors eligible under this paragraph shall be prohibited from harvesting in the aggregate a
total of more than one-half (0.5) of a percent of the pollock apportioned for the directed pollock fishery
under section 206(b)(2).
Notwithstanding section 213(a), failure to satisfy the requirements of section 4(a) of the Commercial
Fishing Industry Vessel Anti-Reflagging Act of 1987 (Public Law 100–239; 46 U.S.C. 12108 note) [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
catcher vessels eligible under subsection (a) may deliver pollock harvested from the directed fishing
allowance under section 206(b)(1) only to"(A) shoreside processors (including vessels in a single geographic location in Alaska State
waters) determined by the Secretary to have processed more than 2,000 metric tons round-weight of
pollock in the inshore component of the directed pollock fishery during each of 1996 and 1997; and
"(B) shoreside processors determined by the Secretary to have processed pollock in the inshore
component of the directed pollock fishery in 1996 or 1997, but to have processed less than 2,000
metric tons round-weight of such pollock in each year, except that effective January 1, 2000, each such
shoreside processor may not process more than 2,000 metric tons round-weight from such directed
fishing allowance in any year.
"(2) Upon recommendation by the North Pacific Council, the Secretary may approve measures to allow
catcher vessels eligible under subsection (a) to deliver pollock harvested from the directed fishing
allowance under section 206(b)(1) to shoreside processors not eligible under paragraph (1) if the total
allowable catch for pollock in the Bering Sea and Aleutian Islands Management Area increases by more
than 10 percent above the total allowable catch in such fishery in 1997, or in the event of the actual total
loss or constructive total loss of a shoreside processor eligible under paragraph (1)(A).
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"(A) Rebuild or replace.-Notwithstanding any limitation to the contrary on replacing,
rebuilding, or lengthening vessels or transferring permits or licenses to a replacement vessel
contained in sections 679.2 and 679.4 of title 50, Code of Federal Regulations, as in effect on the
date of enactment of the Coast Guard Authorization Act of 2010 [Oct. 15, 2010] and except as
provided in paragraph (4), the owner of a vessel eligible under subsection (a), (b), (c), (d), or (e), in
order to improve vessel safety and operational efficiencies (including fuel efficiency), may rebuild or
replace that vessel (including fuel efficiency) with a vessel documented with a fishery endorsement
under section 12113 of title 46, United States Code.
"(B) Same requirements.-The rebuilt or replacement vessel shall be eligible in the same
manner and subject to the same restrictions and limitations under such subsection as the vessel
being rebuilt or replaced.
"(C) Transfer of permits and licenses.-Each fishing permit and license held by the owner of a
vessel or vessels to be rebuilt or replaced under subparagraph (A) shall be transferred to the rebuilt
or replacement vessel or its owner, as necessary to permit such rebuilt or replacement vessel to
operate in the same manner as the vessel prior to the rebuilding or the vessel it replaced,
respectively.
"(2) Recommendations of north pacific fishery management council.-The North Pacific Fishery
Management Council may recommend for approval by the Secretary such conservation and
management measures, including size limits and measures to control fishing capacity, in accordance
with the Magnuson-Stevens Act [16 U.S.C. 1801 et seq.] as it considers necessary to ensure that this
subsection does not diminish the effectiveness of fishery management plans of the Bering Sea and
Aleutian Islands Management Area or the Gulf of Alaska.
"(3) Special rule for replacement of certain vessels."(A) In general.-Notwithstanding the requirements of subsections (b)(2), (c)(1), and (c)(2) of
section 12113 of title 46, United States Code, a vessel that is eligible under subsection (a), (b), (c), or (e)
and that qualifies to be documented with a fishery endorsement pursuant to section 213(g) may be
replaced with a replacement vessel under paragraph (1) if the vessel that is replaced is validly
documented with a fishery endorsement pursuant to section 213(g) before the replacement vessel is
documented with a fishery endorsement under section 12113 of title 46, United States Code.
"(B) Applicability.-A replacement vessel under subparagraph (A) and its owner and mortgagee
are subject to the same limitations under section 213(g) that are applicable to the vessel that has
been replaced and its owner and mortgagee.
"(4) Special rules for certain catcher vessels."(A) In general.-A replacement for a covered vessel described in subparagraph (B) is
prohibited from harvesting fish in any fishery (except for the Pacific whiting fishery) managed under
the authority of any Regional Fishery Management Council (other than the North Pacific Fishery
Management Council) established under section 302(a) of the Magnuson-Stevens Act [16 U.S.C.
1852(a)].
"(B) Covered vessels.-A covered vessel referred to in subparagraph (A) is"(i) a vessel eligible under subsection (a), (b), or (c) that is replaced under paragraph (1);
or
"(ii) a vessel eligible under subsection (a), (b), or (c) that is rebuilt to increase its
registered length, gross tonnage, or shaft horsepower.
"(5) Limitation on fishery endorsements.-Any vessel that is replaced under this subsection shall
thereafter not be eligible for a fishery endorsement under section 12113 of title 46, United States Code,
unless that vessel is also a replacement vessel described in paragraph (1).
"(6) Gulf of alaska limitation.-Notwithstanding paragraph (1), the Secretary shall prohibit from
participation in the groundfish fisheries of the Gulf of Alaska any vessel that is rebuilt or replaced under
this subsection and that exceeds the maximum length overall specified on the license that authorizes
fishing for groundfish pursuant to the license limitation program under part 679 of title 50, Code of
Federal Regulations, as in effect on the date of enactment of the Coast Guard Authorization Act of
2010 [Oct. 15, 2010].
"(7) Authority of pacific council.-Nothing in this section shall be construed to diminish or
otherwise affect the authority of the Pacific Council to recommend to the Secretary conservation and
management measures to protect fisheries under its jurisdiction (including the Pacific whiting fishery)
and participants in such fisheries from adverse impacts caused by this Act.
"(h) Eligibility During Implementation.-In the event the Secretary is unable to make a final determination
about the eligibility of a vessel under subsection (b)(8) or subsection (e)(21) before January 1, 1999, or a
vessel or shoreside processor under subsection (a), subsection (c)(21), or subsection (f) before January
1, 2000, such vessel or shoreside processor, upon the filing of an application for eligibility, shall be eligible
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to participate in the directed pollock fishery pending final determination by the Secretary with respect to
such vessel or shoreside processor.
"(i) Eligibility Not a Right.-Eligibility under this section shall not be construed"(1) to confer any right of compensation, monetary or otherwise, to the owner of any catcher
vessel, catcher/processor, mothership, or shoreside processor if such eligibility is revoked or limited in
any way, including through the revocation or limitation of a fishery endorsement or any federal permit or
license;
"(2) to create any right, title, or interest in or to any fish in any fishery; or
"(3) to waive any provision of law otherwise applicable to such catcher vessel, catcher/processor,
mothership, or shoreside processor.
"SEC. 209. LIST OF INELIGIBLE VESSELS.
"Effective December 31, 1998, the following vessels shall be permanently ineligible for fishery
endorsements, and any claims (including relating to catch history) associated with such vessels that
could qualify any owners of such vessels for any present or future limited access system permit in any
fishery within the exclusive economic zone of the United States (including a vessel moratorium permit or
license limitation program permit in fisheries under the authority of the North Pacific Council) are hereby
extinguished:
"(1) AMERICAN EMPRESS (United States official number 942347);
"(2) PACIFIC SCOUT (United States official number 934772);
"(3) PACIFIC EXPLORER (United States official number 942592);
"(4) PACIFIC NAVIGATOR (United States official number 592204);
"(5) VICTORIA ANN (United States official number 592207);
"(6) ELIZABETH ANN (United States official number 534721);
"(7) CHRISTINA ANN (United States official number 653045);
"(8) REBECCA ANN (United States official number 592205); and
"(9) BROWNS POINT (United States official number 587440).
"SEC. 210. FISHERY COOPERATIVE LIMITATIONS.
"(a) Public Notice.-(1) Any contract implementing a fishery cooperative under section 1 of the Act of
June 25, 1934 (15 U.S.C. 521) in the directed pollock fishery and any material modifications to any such
contract shall be filed not less than 30 days prior to the start of fishing under the contract with the North
Pacific Council and with the Secretary, together with a copy of a letter from a party to the contract
requesting a business review letter on the fishery cooperative from the Department of Justice and any
response to such request. Notwithstanding section 402 of the Magnuson-Stevens Act (16 U.S.C. 1881a) or
any other provision of law, but taking into account the interest of parties to any such contract in protecting
the confidentiality of proprietary information, the North Pacific Council and Secretary shall"(A) make available to the public such information about the contract, contract modifications, or
fishery cooperative the North Pacific Council and Secretary deem appropriate, which at a minimum
shall include a list of the parties to the contract, a list of the vessels involved, and the amount of pollock
and other fish to be harvested by each party to such contract; and
"(B) make available to the public in such manner as the North Pacific Council and Secretary deem
appropriate information about the harvest by vessels under a fishery cooperative of all species
(including bycatch) in the directed pollock fishery on a vessel-by-vessel basis.
"(b) Catcher Vessels Onshore."(1) Catcher vessel cooperatives.-Effective January 1, 2000, upon the filing of a contract
implementing a fishery cooperative under subsection (a) which"(A) is signed by the owners of 80 percent or more of the qualified catcher vessels that
delivered pollock for processing by a shoreside processor in the directed pollock fishery in the year
prior to the year in which the fishery cooperative will be in effect; and
"(B) specifies, except as provided in paragraph (6), that such catcher vessels will deliver
pollock in the directed pollock fishery only to such shoreside processor during the year in which the
fishery cooperative will be in effect and that such shoreside processor has agreed to process such
pollock,
  the Secretary shall allow only such catcher vessels (and catcher vessels whose owners voluntarily participate
pursuant to paragraph (2)) to harvest the aggregate percentage of the directed fishing allowance under section 206(b)
(1) in the year in which the fishery cooperative will be in effect that is equivalent to the aggregate total amount of
pollock harvested by such catcher vessels (and by such catcher vessels whose owners voluntarily participate pursuant
to paragraph (2)) in the directed pollock fishery for processing by the inshore component during 1995, 1996, and 1997
relative to the aggregate total amount of pollock harvested in the directed pollock fishery for processing by the inshore
component during such years and shall prevent such catcher vessels (and catcher vessels whose owners voluntarily
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participate pursuant to paragraph (2)) from harvesting in aggregate in excess of such percentage of such directed
fishing allowance.
"(2) Voluntary participation.-Any contract implementing a fishery cooperative under paragraph (1)

must allow the owners of other qualified catcher vessels to enter into such contract after it is filed and
before the calender year in which fishing will begin under the same terms and conditions as the owners
of the qualified catcher vessels who entered into such contract upon filing.
"(3) Qualified catcher vessel.-For the purposes of this subsection, a catcher vessel shall be
considered a 'qualified catcher vessel' if, during the year prior to the year in which the fishery
cooperative will be in effect, it delivered more pollock to the shoreside processor to which it will deliver
pollock under the fishery cooperative in paragraph (1) than to any other shoreside processor.
"(4) Consideration of certain vessels.-Any contract implementing a fishery cooperative under
paragraph (1) which has been entered into by the owner of a qualified catcher vessel eligible under
section 208(a) that harvested pollock for processing by catcher/processors or motherships in the
directed pollock fishery during 1995, 1996, and 1997 shall, to the extent practicable, provide fair and
equitable terms and conditions for the owner of such qualified catcher vessel.
"(5) Open access.-A catcher vessel eligible under section 208(a) the catch history of which has not
been attributed to a fishery cooperative under paragraph (1) may be used to deliver pollock harvested
by such vessel from the directed fishing allowance under section 206(b)(1) (other than pollock reserved
under paragraph (1) for a fishery cooperative) to any of the shoreside processors eligible under section
208(f). A catcher vessel eligible under section 208(a) the catch history of which has been attributed to a
fishery cooperative under paragraph (1) during any calendar year may not harvest any pollock
apportioned under section 206(b)(1) in such calendar year other than the pollock reserved under
paragraph (1) for such fishery cooperative.
"(6) Transfer of cooperative harvest.-A contract implementing a fishery cooperative under
paragraph (1) may, notwithstanding the other provisions of this subsection, provide for up to 10 percent
of the pollock harvested under such cooperative to be processed by a shoreside processor eligible
under section 208(f) other than the shoreside processor to which pollock will be delivered under
paragraph (1).
"(7) Fishery cooperative exit provisions."(A) Fishing allowance determination.-For purposes of determining the aggregate percentage
of directed fishing allowances under paragraph (1), when a catcher vessel is removed from the
directed pollock fishery, the fishery allowance for pollock for the vessel being removed"(i) shall be based on the catch history determination for the vessel made pursuant to
section 679.62 of title 50, Code of Federal Regulations, as in effect on the date of enactment of the
Coast Guard Authorization Act of 2010 [Oct. 15, 2010]; and
"(ii) shall be assigned, for all purposes under this title, in the manner specified by the
owner of the vessel being removed to any other catcher vessel or among other catcher vessels
participating in the fishery cooperative if such vessel or vessels remain in the fishery cooperative
for at least one year after the date on which the vessel being removed leaves the directed pollock
fishery.
"(B) Eligibility for fishery endorsement.-Except as provided in subparagraph (C), a vessel
that is removed pursuant to this paragraph shall be permanently ineligible for a fishery endorsement,
and any claim (including relating to catch history) associated with such vessel that could qualify any
owner of such vessel for any permit to participate in any fishery within the exclusive economic zone
of the United States shall be extinguished, unless such removed vessel is thereafter designated to
replace a vessel to be removed pursuant to this paragraph.
"(C) Limitations on statutory construction.-Nothing in this paragraph shall be construed"(i) to make the vessels AJ (United States official number 905625), DONA MARTITA
(United States official number 651751), NORDIC EXPLORER (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 fishery under the authority of the New
England Fishery Management Council or the Mid-Atlantic Fishery Management Council
established, respectively, under subparagraphs (A) and (B) of section 302(a)(1) of the MagnusonStevens 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-Stevens Act [16 U.S.C. 1853].
"(c) Catcher Vessels to Catcher/Processors.-Effective January 1, 1999, not less than 8.5 percent of
the directed fishing allowance under section 206(b)(2) shall be available for harvest only by the catcher
vessels eligible under section 208(b). The owners of such catcher vessels may participate in a fishery
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cooperative with the owners of the catcher/processors eligible under paragraphs (1) through (20) of the
section 208(e). The owners of such catcher vessels may participate in a fishery cooperative that will be in
effect during 1999 only if the contract implementing such cooperative establishes penalties to prevent
such vessels from exceeding in 1999 the traditional levels harvested by such vessels in all other fisheries
in the exclusive economic zone of the United States.
"(d) Catcher Vessels to Motherships."(1) Processing.-Effective January 1, 2000, the authority in section 1 of the Act of June 25, 1934
(48 Stat. 1213 and 1214; 15 U.S.C. 521 et seq.) shall extend to processing by motherships eligible under
section 208(d) solely for the purposes of forming or participating in a fishery cooperative in the directed
pollock fishery upon the filing of a contract to implement a fishery cooperative under subsection (a)
which has been entered into by the owners of 80 percent or more of the catcher vessels eligible under
section 208(c) for the duration of such contract, provided that such owners agree to the terms of the
fishery cooperative involving processing by the motherships.
"(2) Voluntary participation.-Any contract implementing a fishery cooperative described in
paragraph (1) must allow the owners of any other catcher vessels eligible under section 208(c) to enter
such contract after it is filed and before the calendar year in which fishing will begin under the same
terms and conditions as the owners of the catcher vessels who entered into such contract upon filing.
"(e) Excessive Shares."(1) Harvesting.-No particular individual, corporation, or other entity may harvest, through a fishery
cooperative or otherwise, a total of more than 17.5 percent of the pollock available to be harvested in
the directed pollock fishery.
"(2) Processing.-Under the authority of section 301(a)(4) of the Magnuson-Stevens Act (16 U.S.C.
1851(a)(4)), the North Pacific Council is directed to recommend for approval by the Secretary
conservation and management measures to prevent any particular individual or entity from processing
an excessive share of the pollock available to be harvested in the directed pollock fishery. In the event
the North Pacific Council recommends and the Secretary approves an excessive processing share that
is lower than 17.5 percent, any individual or entity that previously processed a percentage greater than
such share shall be allowed to continue to process such percentage, except that their percentage may
not exceed 17.5 percent (excluding pollock processed by catcher/processors that was harvested in the
directed pollock fishery by catcher vessels eligible under 208(b)) and shall be reduced if their
percentage decreases, until their percentage is below such share. In recommending the excessive
processing share, the North Pacific Council shall consider the need of catcher vessels in the directed
pollock fishery to have competitive buyers for the pollock harvested by such vessels.
"(3) Review by maritime administration.-At the request of the North Pacific Council or the Secretary,
any individual or entity believed by such Council or the Secretary to have exceeded the percentage in
either paragraph (1) or (2) shall submit such information to the Administrator of the Maritime
Administration as the Administrator deems appropriate to allow the Administrator to determine whether
such individual or entity has exceeded either such percentage. The Administrator shall make a finding
as soon as practicable upon such request and shall submit such finding to the North Pacific Council
and the Secretary. For the purposes of this subsection, any entity in which 10 percent or more of the
interest is owned or controlled by another individual or entity shall be considered to be the same entity
as the other individual or entity.
"(f) Landing Tax Jurisdiction.-Any contract filed under subsection (a) shall include a contract clause
under which the parties to the contract agree to make payments to the State of Alaska for any pollock
harvested in the directed pollock fishery which is not landed in the State of Alaska, in amounts which
would otherwise accrue had the pollock been landed in the State of Alaska subject to any landing taxes
established under Alaska law. Failure to include such a contract clause or for such amounts to be paid
shall result in a revocation of the authority to form fishery cooperatives under section 1 of the Act of June
25, 1934 (15 U.S.C. 521 et seq.).
"(g) Penalties.-The violation of any of the requirements of this subtitle or any regulation or permit issued
pursuant to this subtitle shall be considered the commission of an act prohibited by section 307 of the
Magnuson-Stevens Act (16 U.S.C. 1857), and sections 308, 309, 310, and 311 of such Act (16 U.S.C. 1858,
1859, 1860, and 1861) shall apply to any such violation in the same manner as to the commission of an act
prohibited by section 307 of such Act (16 U.S.C. 1857). In addition to the civil penalties and permit
sanctions applicable to prohibited acts under section 308 of such Act (16 U.S.C. 1858), any person who is
found by the Secretary, after notice and an opportunity for a hearing in accordance with section 554 of title
5, United States Code, to have violated a requirement of this section shall be subject to the forfeiture to the
Secretary of Commerce of any fish harvested or processed during the commission of such act.
"SEC. 211. PROTECTIONS FOR OTHER FISHERIES; CONSERVATION MEASURES.
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"(a) General.-The North Pacific Council shall recommend for approval by the Secretary such
conservation and management measures as it determines necessary to protect other fisheries under its
jurisdiction and the participants in those fisheries, including processors, from adverse impacts caused by
this Act [probably should be "this title", see Tables for classification] or fishery cooperatives in the directed
pollock fishery.
"(b) Catcher/Processor Restrictions."(1) General.-The restrictions in this subsection shall take effect on January 1, 1999 and shall
remain in effect thereafter except that they may be superceded (with the exception of paragraph (4)) by
conservation and management measures recommended after the date of the enactment of this Act
[Oct. 21, 1998] by the North Pacific Council and approved by the Secretary in accordance with the
Magnuson-Stevens Act.
"(2) Bering sea fishing.-The catcher/processors eligible under paragraphs (1) through (20) of
section 208(e) are hereby prohibited from, in the aggregate"(A) exceeding the percentage of the harvest available in the offshore component of any
Bering Sea and Aleutian Islands groundfish fishery (other than the pollock fishery) that is equivalent
to the total harvest by such catcher/processors and the catcher/processors listed in section 209 in
the fishery in 1995, 1996, and 1997 relative to the total amount available to be harvested by the
offshore component in the fishery in 1995, 1996, and 1997;
"(B) exceeding the percentage of the prohibited species available in the offshore component
of any Bering Sea and Aleutian Islands groundfish fishery (other than the pollock fishery) that is
equivalent to the total of the prohibited species harvested by such catcher/processors and the
catcher/processors listed in section 209 in the fishery in 1995, 1996, and 1997 relative to the total
amount of prohibited species available to be harvested by the offshore component in the fishery in
1995, 1996, and 1997; and
"(C) fishing for Atka mackerel in the eastern area of the Bering Sea and Aleutian Islands and
from exceeding the following percentages of the directed harvest available in the Bering Sea and
Aleutian Islands Atka mackerel fishery"(i) 11.5 percent in the central area; and
"(ii) 20 percent in the western area.
"(3) Bering sea processing.-The catcher/processors eligible under paragraphs (1) through (20) of
section 208(e) are hereby prohibited from"(A) processing any of the directed fishing allowances under paragraphs (1) or (3) of section
206(b); and
"(B) processing any species of crab harvested in the Bering Sea and Aleutian Islands
Management Area.
"(4) Gulf of alaska.-The catcher/processors eligible under paragraphs (1) through (20) of section
208(e) are hereby prohibited from"(A) harvesting any fish in the Gulf of Alaska;
"(B) processing any groundfish harvested from the portion of the exclusive economic zone off
Alaska known as area 630 under the fishery management plan for Gulf of Alaska groundfish; or
"(C) processing any pollock in the Gulf of Alaska (other than as bycatch in non-pollock
groundfish fisheries) or processing, in the aggregate, a total of more than 10 percent of the cod
harvested from areas 610, 620, and 640 of the Gulf of Alaska under the fishery management plan for
Gulf of Alaska groundfish.
"(5) Fisheries other than north pacific.-The catcher/processors eligible under paragraphs (1)
through (20) of section 208(e) and motherships eligible under section 208(d) are hereby prohibited from
harvesting fish in any fishery under the authority of any regional fishery management council
established under section 302(a) of the Magnuson-Stevens Act (16 U.S.C. 1852(a)) other than the North
Pacific Council, except for the Pacific whiting fishery, and from processing fish in any fishery under the
authority of any such regional fishery management council other than the North Pacific Council, except
in the Pacific whiting fishery, unless the catcher/processor or mothership is authorized to harvest or
process fish under a fishery management plan recommended by the regional fishery management
council of jurisdiction and approved by the Secretary.
"(6) Observers and scales.-The catcher/processors eligible under paragraphs (1) through (20) of
section 208(e) shall"(A) have two observers onboard at all times while groundfish is being harvested, processed,
or received from another vessel in any fishery under the authority of the North Pacific Council; and
"(B) weigh its catch on a scale onboard approved by the National Marine Fisheries Service
while harvesting groundfish in fisheries under the authority of the North Pacific Council.
This paragraph shall take effect on January 1, 1999 for catcher/processors eligible under paragraphs (1) through
(20) of section 208(e) that will harvest pollock allocated under section 206(a) in 1999, and shall take effect on January
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1, 2000 for all other catcher/processors eligible under such paragraphs of section 208(e).
"(c) Catcher Vessel and Shoreside Processor Restrictions."(1) Required council recommendations.-By not later than July 1, 1999, the North Pacific Council

shall recommend for approval by the Secretary conservation and management measures to"(A) prevent the catcher vessels eligible under subsections (a), (b), and (c) of section 208 from
exceeding in the aggregate the traditional harvest levels of such vessels in other fisheries under the
authority of the North Pacific Council as a result of fishery cooperatives in the directed pollock
fishery; and
"(B) protect processors not eligible to participate in the directed pollock fishery from adverse
effects as a result of this Act or fishery cooperatives in the directed pollock fishery.

If the North Pacific Council does not recommend such conservation and management measures by such date, or if
the Secretary determines that such conservation and management measures recommended by the North Pacific
Council are not adequate to fulfill the purposes of this paragraph, the Secretary may by regulation restrict or change
the authority in section 210(b) to the extent the Secretary deems appropriate, including by preventing fishery
cooperatives from being formed pursuant to such section and by providing greater flexibility with respect to the
shoreside processor or shoreside processors to which catcher vessels in a fishery cooperative under section 210(b)
may deliver pollock.
"(2) Bering sea crab and groundfish.-

"(A) Effective January 1, 2000, the owners of the motherships eligible under section 208(d)
and the shoreside processors eligible under section 208(f) that receive pollock from the directed
pollock fishery under a fishery cooperative are hereby prohibited from processing, in the aggregate
for each calendar year, more than the percentage of the total catch of each species of crab in
directed fisheries under the jurisdiction of the North Pacific Council than facilities operated by such
owners processed of each such species in the aggregate, on average, in 1995, 1996, 1997. For the
purposes of this subparagraph, the term 'facilities' means any processing plant, catcher/processor,
mothership, floating processor, or any other operation that processes fish. Any entity in which 10
percent or more of the interest is owned or controlled by another individual or entity shall be
considered to be the same entity as the other individual or entity for the purposes of this
subparagraph.
"(B) Under the authority of section 301(a)(4) of the Magnuson-Stevens Act (16 U.S.C. 1851(a)
(4)), the North Pacific Council is directed to recommend for approval by the Secretary conservation
and management measures to prevent any particular individual or entity from harvesting or
processing an excessive share of crab or of groundfish in fisheries in the Bering Sea and Aleutian
Islands Management Area.
"(C) The catcher vessels eligible under section 208(b) are hereby prohibited from participating
in a directed fishery for any species of crab in the Bering Sea and Aleutian Islands Management Area
unless the catcher vessel harvested crab in the directed fishery for that species of crab in such Area
during 1997 and is eligible to harvest such crab in such directed fishery under the license limitation
program recommended by the North Pacific Council and approved by the Secretary. The North
Pacific Council is directed to recommend measures for approval by the Secretary to eliminate latent
licenses under such program, and nothing in this subparagraph shall preclude the Council from
recommending measures more restrictive than under this paragraph.
"(3) Fisheries other than north pacific."(A) By not later than July 1, 2000, the Pacific Fishery Management Council established under
section 302(a)(1)(F) of the Magnuson-Stevens Act (16 U.S.C. 1852(a)(1)(F)) shall recommend for
approval by the Secretary conservation and management measures to protect fisheries under its
jurisdiction and the participants in those fisheries from adverse impacts caused by this Act [probably
should be "this title", see Tables for classification] or by any fishery cooperatives in the directed
pollock fishery.
"(B) If the Pacific Council does not recommend such conservation and management
measures by such date, or if the Secretary determines that such conservation and management
measures recommended by the Pacific Council are not adequate to fulfill the purposes of this
paragraph, the Secretary may by regulation implement adequate measures including, but not limited
to, restrictions on vessels which harvest pollock under a fishery cooperative which will prevent such
vessels from harvesting Pacific groundfish, and restrictions on the number of processors eligible to
process Pacific groundfish.
"(d) Bycatch Information.-Notwithstanding section 402 of the Magnuson-Stevens Act (16 U.S.C. 1881a),
the North Pacific Council may recommend and the Secretary may approve, under such terms and
conditions as the North Pacific Council and Secretary deem appropriate, the public disclosure of any
information from the groundfish fisheries under the authority of such Council that would be beneficial in
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the implementation of section 301(a)(9) or section 303(a)(11) of the Magnuson-Stevens Act (16 U.S.C.
1851(a)(9) and 1853(a)(11)).
"(e) Community Development Loan Program.-Under the authority of title XI of the Merchant Marine Act,
1936 ([former] 46 U.S.C. App. 1271 et seq.) [see chapter 537 of Title 46, Shipping], and subject to the
availability of appropriations, the Secretary is authorized to provide direct loan obligations to communities
eligible to participate in the western Alaska community development quota program established under
304(i) [305(i)] of the Magnuson-Stevens Act (16 U.S.C. 1855(i)) for the purposes of purchasing all or part of
an ownership interest in vessels and shoreside processors eligible under subsections (a), (b), (c), (d), (e),
or (f) of section 208. Notwithstanding the eligibility criteria in section 208(a) and section 208(c), the LISA
MARIE (United States official number 1038717) shall be eligible under such sections in the same manner
as other vessels eligible under such sections.
"SEC. 212. RESTRICTION ON FEDERAL LOANS.
"[Amended section 302(b) of Pub. L. 104–297, formerly set out as a note under section 1274 of Title 46,
Appendix, 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 enactment of this Act [Oct. 21, 1998]. There are authorized
to be appropriated $6,700,000 per year to carry out the provisions of this Act [probably should be "this
title", see Tables for classification] through fiscal year 2004.
"(b) Existing Authority.-Except for the measures required by this subtitle [this note], nothing in this
subtitle shall be construed to limit the authority of the North Pacific Council or the Secretary under the
Magnuson-Stevens Act.
"(c) Changes to Fishery Cooperative Limitations and Pollock CDQ Allocation.-The North Pacific Council
may recommend and the Secretary may approve conservation and management measures in
accordance with the Magnuson-Stevens Act"(1) that supersede the provisions of this subtitle, except for sections 206 and 208, for conservation
purposes or to mitigate adverse effects in fisheries or on owners of fewer than three vessels in the
directed pollock fishery caused by this title or fishery cooperatives in the directed pollock fishery,
provided such measures take into account all factors affecting the fisheries and are imposed fairly and
equitably to the extent practicable among and within the sectors in the directed pollock fishery;
"(2) that supersede the allocation in section 206(a) for any of the years 2002, 2003, and 2004,
upon the finding by such Council that the western Alaska community development quota program for
pollock has been adversely affected by the amendments in this subtitle; or
"(3) that supersede the criteria required in paragraph (1) of section 210(b) to be used by the
Secretary to set the percentage allowed to be harvested by catcher vessels pursuant to a fishery
cooperative under such paragraph.
"(d) Report to Congress.-Not later than October 1, 2000, the North Pacific Council shall submit a report
to the Secretary and to Congress on the implementation and effects of this Act [title], including the effects
on fishery conservation and management, on bycatch levels, on fishing communities, on business and
employment practices of participants in any fishery cooperatives, on the western Alaska community
development quota program, on any fisheries outside of the authority of the North Pacific Council, and
such other matters as the North Pacific Council deems appropriate.
"(e) Report on Fillet Production.-Not later than June 1, 2000, the General Accounting Office [now
Government Accountability Office] shall submit a report to the North Pacific Council, the Secretary, and
the Congress on whether this Act has negatively affected the market for fillets and fillet blocks, including
through the reduction in the supply of such fillets and fillet blocks. If the report determines that such
market has been negatively affected, the North Pacific Council shall recommend measures for the
Secretary's approval to mitigate any negative effects.
"(f) Severability.-If any provision of this title, an amendment made by this title, or the application of
such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder
of this title, the amendments made by this title, and the application of the provisions of such to any person
or circumstance shall not be affected thereby.
"(g) International Agreements.-In the event that any provision of section 12102(c) [now 12113(b)(2) to
(d)] or section 31322(a) of title 46, United States Code, as amended by this Act, is determined to be
inconsistent with an existing international agreement relating to foreign investment to which the United
States is a party with respect to the owner or mortgagee on [sic] of a vessel with a fishery endorsement,
such provision shall not apply to that owner or mortgagee with respect to their ownership or mortgage
interest in such vessel on that date to the extent of any such inconsistency. The provisions of section
12102(c) [now 12113(b)(2) to (d)] and section 31322(a) of title 46, United States Code, as amended by this Act,
shall apply to all subsequent owners and mortgagees of such vessel, and shall apply, notwithstanding the
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preceding sentence, to the owner on [sic] of such vessel if any ownership interest in that owner is
transferred to or otherwise acquired by a foreign individual or entity after or if the percentage of foreign
ownership in the vessel is increased after the effective date of this subsection [July 24, 2001]."
[ Pub. L. 107–20, title II, §2202(e)(2), July 24, 2001, 115 Stat. 170 , provided that: "Section 213(g) of the
American Fisheries Act (Public Law 105–277, division C, title II) [set out above] shall take effect on the date
of enactment of this Act [July 24, 2001]."]

Restriction on Funding Certain New Fishery Management Plans, Amendments
or Regulations
Pub. L. 104–208, div. A, title I, §101(a) [title II, §§208, 211(b)], Sept. 30, 1996, 110 Stat. 3009 , 3009-40,
3009-41, provided that: "None of the funds appropriated under this Act or any other Act henceforth may
be used to develop new fishery management plans, amendments, or regulations which create new
individual fishing quota programs (whether such quotas are transferable or not) or to implement any such
plans, amendments or regulations approved by a Regional Fishery Management Council or the Secretary
after January 4, 1995, until offsetting fees to pay for the cost of administering such plans, amendments,
or regulations are expressly authorized under the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.). This restriction shall also apply to any program relating to the
Gulf of Mexico commercial red snapper fishery that authorizes the consolidation of licenses, permits or
endorsements that result in different trip limits for vessels in the same class. This restriction shall not
apply in any way to the North Pacific halibut and sablefish, South Atlantic wreckfish, or the Mid-Atlantic
surfclam and ocean (including mahogany) quohog individual fishing quota programs. The term 'individual
fishing quota' does not include a community development quota."
Similar provisions were contained in the following prior appropriation act:
Pub. L. 104–134, title I, §101[(a)] [title II, §210], Apr. 26, 1996, 110 Stat. 1321 , 1321-31; renumbered title I,
Pub. L. 104–140, §1(a), May 2, 1996, 110 Stat. 1327 ; repealed by Pub. L. 104–297, title I, §108(f)(6), Oct. 11,
1996, 110 Stat. 3579 .

Albemarle Sound-Roanoke River Basin: Striped Bass Study
Pub. L. 100–589, §5, Nov. 3, 1988, 102 Stat. 2984 , related to requirement of biological study of striped
bass fishery resources and habitats of Albemarle Sound-Roanoke River basin area and development of
short-term and long-term recommendations for restoring and conserving these resources and habitats,
prior to repeal by Pub. L. 105–146, §3(b), Dec. 16, 1997, 111 Stat. 2677 .

Exclusive Economic Zone: Atlantic Striped Bass Protection
Pub. L. 100–589, §6(a)–(f), Nov. 3, 1988, 102 Stat. 2986 , as amended by Pub. L. 102–130, §4, Oct. 17,
1991, 105 Stat. 627 ; Pub. L. 104–208, div. A, title I, §101(a) [title II, §211(b)], Sept. 30, 1996, 110 Stat. 3009 ,
3009-41, directed Secretary of Commerce to regulate fishing for Atlantic striped bass in exclusive
economic zone determined to be consistent with national standards set forth in this section, prior to
repeal by Pub. L. 105–146, §3(c), Dec. 16, 1997, 111 Stat. 2677 .

Atlantic Striped Bass Conservation
Pub. L. 98–613, §§1–9, Oct. 31, 1984, 98 Stat. 3187–3190 , as amended, formerly set out as a note under
this section, was transferred to chapter 71A (§5151 et seq.) of this title.

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