
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-20 Section 2202(e)(1)]
[Document affected by Public Law 107-77 Section 211]
[Document affected by Public Law 107-20 Section 2202(e)(2)]
[CITE: 16USC1851]

 
                         TITLE 16--CONSERVATION
 
             CHAPTER 38--FISHERY CONSERVATION AND MANAGEMENT
 
           SUBCHAPTER IV--NATIONAL FISHERY MANAGEMENT PROGRAM
 
Sec. 1851. National standards for fishery conservation and 
        management
        

(a) In general

    Any fishery management plan prepared, and any regulation promulgated 
to implement any such plan, pursuant to this subchapter shall be 
consistent with the following national standards for fishery 
conservation and management:
        (1) Conservation and management measures shall prevent 
    overfishing while achieving, on a continuing basis, the optimum 
    yield from each fishery for the United States fishing industry.
        (2) Conservation and management measures shall be based upon the 
    best scientific information available.
        (3) To the extent practicable, an individual stock of fish shall 
    be managed as a unit throughout its range, and interrelated stocks 
    of fish shall be managed as a unit or in close coordination.
        (4) Conservation and management measures shall not discriminate 
    between residents of different States. If it becomes necessary to 
    allocate or assign fishing privileges among various United States 
    fishermen, such allocation shall be (A) fair and equitable to all 
    such fishermen; (B) reasonably calculated to promote conservation; 
    and (C) carried out in such manner that no particular individual, 
    corporation, or other entity acquires an excessive share of such 
    privileges.
        (5) Conservation and management measures shall, where 
    practicable, consider efficiency in the utilization of fishery 
    resources; except that no such measure shall have economic 
    allocation as its sole purpose.
        (6) Conservation and management measures shall take into account 
    and allow for variations among, and contingencies in, fisheries, 
    fishery resources, and catches.
        (7) Conservation and management measures shall, where 
    practicable, minimize costs and avoid unnecessary duplication.
        (8) Conservation and management measures shall, consistent with 
    the conservation requirements of this chapter (including the 
    prevention of overfishing and rebuilding of overfished stocks), take 
    into account the importance of fishery resources to fishing 
    communities in order to (A) provide for the sustained participation 
    of such communities, and (B) to the extent practicable, minimize 
    adverse economic impacts on such communities.
        (9) Conservation and management measures shall, to the extent 
    practicable, (A) minimize bycatch and (B) to the extent bycatch 
    cannot be avoided, minimize the mortality of such bycatch.
        (10) Conservation and management measures shall, to the extent 
    practicable, promote the safety of human life at sea.

(b) Guidelines

    The Secretary shall establish advisory guidelines (which shall not 
have the force and effect of law), based on the national standards, to 
assist in the development of fishery management plans.

(Pub. L. 94-265, title III, Sec. 301, Apr. 13, 1976, 90 Stat. 346; Pub. 
L. 97-453, Sec. 4, Jan. 12, 1983, 96 Stat. 2484; Pub. L. 98-623, title 
IV, Sec. 404(3), Nov. 8, 1984, 98 Stat. 3408; Pub. L. 104-297, title I, 
Sec. 106, Oct. 11, 1996, 110 Stat. 3570.)

                       References in Text

    This chapter, referred to in subsec. (a)(8), was in the original 
``this Act'', meaning Pub. L. 94-265, Apr. 13, 1976, 90 Stat. 331, as 
amended, known as the Magnuson-Stevens Fishery Conservation and 
Management Act, which is classified principally to this chapter. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 1801 of this title and Tables.


                               Amendments

    1996--Subsec. (a)(5). Pub. L. 104-297, Sec. 106(a), substituted 
``consider efficiency'' for ``promote efficiency''.
    Subsec. (a)(8) to (10). Pub. L. 104-297, Sec. 106(b), added pars. 
(8) to (10).
    1984--Subsec. (a)(1). Pub. L. 98-623 inserted ``for the United 
States fishing industry''.
    1983--Subsec. (b). Pub. L. 97-453 substituted ``advisory guidelines 
(which shall not have the force and effect of law)'' for ``guidelines''.


                      Short Title of 1997 Amendment

    Pub. L. 105-146, Sec. 1, Dec. 16, 1997, 111 Stat. 2672, provided 
that: ``This Act [repealing section 757g of this title, amending 
provisions set out as notes under this section and listed in a table of 
National Wildlife Conservation Areas set out under section 668dd of this 
title, and repealing provisions set out as notes under this section] may 
be cited as the `Atlantic Striped Bass Conservation Act Amendments of 
1997'.''


         Implementation of Steller Sea Lion Protective Measures

    Pub. L. 106-554, Sec. 1(a)(4) [div. A, Sec. 209], Dec. 21, 2000, 114 
Stat. 2763, 2763A-176, provided that:
    ``(a) Findings.--The Congress finds that--
        ``(1) the western population of Steller sea lions has 
    substantially declined over the last 25 years.
        ``(2) scientists should closely research and analyze all 
    possible factors relating to such decline, including the possible 
    interactions between commercial fishing and Steller sea lions and 
    the localized depletion hypothesis;
        ``(3) the authority to manage commercial fisheries in Federal 
    waters lies with the regional councils and the Secretary of Commerce 
    (hereafter in this section `Secretary') pursuant to the Magnuson-
    Stevens Fishery Conservation and Management Act [16 U.S.C. 1801 et 
    seq.] (hereafter in this section `Magnuson-Stevens Act'); and
        ``(4) the Secretary of Commerce shall comply with the Magnuson-
    Stevens Act when using fishery management plans and regulations to 
    implement the decisions made pursuant to findings under the 
    Endangered Species Act [of 1973, 16 U.S.C. 1531 et seq.], and shall 
    utilize the processes and procedures of the regional fishery 
    management councils as required by the Magnuson-Stevens Act.
    ``(b) Independent Scientific Review.--The North Pacific Fishery 
Management Council (hereafter in this section `North Pacific Council[']) 
shall utilize the expertise of the National Academy of Sciences to 
conduct an independent scientific review of the November 30, 2000 
Biological Opinion for the Bering Sea/Aleutian Islands and Gulf of 
Alaska groundfish fisheries (hereafter in this section `Biological 
Opinion'), its underlying hypothesis, and the Reasonable and Prudent 
Alternatives (hereafter in this section `Alternatives') contained 
therein. The Secretary shall cooperate with the independent scientific 
review, and the National Academy of Sciences is requested to give its 
highest priority to this review.
    ``(c) Preparation of Fishery Management Plans and Regulations To 
Implement Protective Measures in the November 30, 2000 Biological 
Opinion.--
        ``(1) The Secretary of Commerce shall submit to the North 
    Pacific Council proposed conservation and management measures to 
    implement the Alternatives contained in the November 30, 2000 
    Biological Opinion for the Bering Sea/Aleutian Islands and Gulf of 
    Alaska groundfish fisheries. The North Pacific Council shall prepare 
    and transmit to the Secretary a fishery management plan amendment or 
    amendments to implement such Alternatives that are consistent with 
    the Magnuson-Stevens Act (including requirements in such Act 
    relating to best available science, bycatch reduction, impacting on 
    fishing communities, the safety of life at sea, and public comment 
    and hearings.)
        ``(2) The Bering Sea/Aleutian Islands and Gulf of Alaska 
    groundfish fisheries shall be managed in a manner consistent with 
    the Alternatives contained in the Biological Opinion, except as 
    otherwise provided in this section. The Alternatives shall become 
    fully effective no later than January 1, 2002, as revised if 
    necessary and appropriate based on the independent scientific review 
    referred to in subsection (b) and other new information, and shall 
    be phased in in 2001 as described in paragraph (3).
        ``(3) The 2001 Bering Sea/Aleutian Islands and Gulf of Alaska 
    groundfish fisheries shall be managed in accordance with the fishery 
    management plan and Federal regulations in effect for such fisheries 
    prior to July 15, 2000, including--
            ``(A) conservative total allowable catch levels;
            ``(B) no entry zones within three miles of rookeries;
            ``(C) restricted harvest levels near rookeries and haul-
        outs;
            ``(D) federally-trained observers;
            ``(E) spatial and temporal harvest restrictions;
            ``(F) federally-mandated bycatch reduction programs; and
            ``(G) additional conservation benefits provided through 
        cooperative fishing arrangements,
    and said regulations are hereby restored to full force and effect.
        ``(4) The Secretary shall amend these regulations by January 20, 
    2001, after consultation with the North Pacific Council and in a 
    manner consistent with all law, including the Magnuson-Stevens Act, 
    and consistent with the Alternatives to the maximum extent 
    practicable, subject to the other provisions of this subsection.
        ``(5) The harvest reduction requirement (`Global Control Rule') 
    shall take effect immediately in any 2001 groundfish fishery in 
    which it applies, but shall not cause a reduction in the total 
    allowable catch of any fishery of more than 10 percent.
        ``(6) In enforcing regulations for the 2001 fisheries, the 
    Secretary, upon recommendation of the North Pacific Council, may 
    open critical habitat where needed, adjust seasonal catch levels, 
    and take other measures as needed to ensure that harvest levels are 
    sufficient to provide income from these fisheries for small boats 
    and Alaskan on-shore processors that is no less than in 1999.
        ``(7) The regulations that are promulgated pursuant to paragraph 
    (4) shall not be modified in any way other than upon recommendation 
    of the North Pacific Council, before March 15, 2001.
    ``(d) Sea Lion Protection Measures.--$20,000,000 is hereby 
appropriated to the Secretary of Commerce to remain available until 
expended to develop and implement a coordinated, comprehensive research 
and recovery program for the Steller sea lion, which shall be designed 
to study--
        ``(1) available prey species;
        ``(2) predator/prey relationships;
        ``(3) predation by other marine mammals;
        ``(4) interactions between fisheries and Steller sea lions, 
    including the localized depletion theory;
        ``(5) regime shift, climate change, and other impacts associated 
    with changing environmental conditions in the North Pacific and 
    Bering Sea;
        ``(6) disease;
        ``(7) juvenile and pup survival rates;
        ``(8) population counts;
        ``(9) nutritional stress;
        ``(10) foreign commercial harvest of sea lions outside the 
    exclusive economic zone;
        ``(11) the residual impacts of former government-authorized 
    Steller sea lion eradication bounty programs; and
        ``(12) the residual impacts of intentional lethal takes of 
    Steller sea lions.
Within available funds the Secretary shall implement on a pilot basis 
innovative non-lethal measures to protect Steller sea lions from marine 
mammal predators including killer whales.
    ``(e) Economic Disaster Relief.--$30,000,000 is hereby appropriated 
to the Secretary of Commerce to make available as a direct payment to 
the Southwest Alaska Municipal Conference to distribute to fishing 
communities, businesses, community development quota groups, 
individuals, and other entities to mitigate the economic losses caused 
by Steller sea lion protection measures heretofore incurred; provided 
that the President of such organization shall provide a written report 
to the Secretary and the House and Senate Appropriations Committee 
within 6 months of receipt of these funds.''


                      Limitation on Fishing Permits

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


                       Bering Sea Pollock Fishery

    Pub. L. 105-277, div. C, title II, subtitle II, Oct. 21, 1998, 112 
Stat. 2681-621, as amended by Pub. L. 106-31, title III, 
Sec. 3027(a)(2)-(7), May 21, 1999, 113 Stat. 101, provided that:
``SEC. 205. DEFINITIONS.
    ``As used in this subtitle--
        ``(1) the term `Bering Sea and Aleutian Islands Management Area' 
    has the same meaning as the meaning given for such term in part 
    679.2 of title 50, Code of Federal Regulations, as in effect on 
    October 1, 1998;
        ``(2) the term `catcher/processor' means a vessel that is used 
    for harvesting fish and processing that fish;
        ``(3) the term `catcher vessel' means a vessel that is used for 
    harvesting fish and that does not process pollock onboard;
        ``(4) the term `directed pollock fishery' means the fishery for 
    the directed fishing allowances allocated under paragraphs (1), (2), 
    and (3) of section 206(b);
        ``(5) the term `harvest' means to commercially engage in the 
    catching, taking, or harvesting of fish or any activity that can 
    reasonably be expected to result in the catching, taking, or 
    harvesting of fish;
        ``(6) the term `inshore component' means the following 
    categories that process groundfish harvested in the Bering Sea and 
    Aleutian Islands Management Area:
            ``(A) shoreside processors, including those eligible under 
        section 208(f); and
            ``(B) vessels less than 125 feet in length overall that 
        process less than 126 metric tons per week in round-weight 
        equivalents of an aggregate amount of pollock and Pacific cod;
        ``(7) the term `Magnuson-Stevens Act' means the Magnuson-Stevens 
    Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.);
        ``(8) the term `mothership' means a vessel that receives and 
    processes fish from other vessels in the exclusive economic zone of 
    the United States and is not used for, or equipped to be used for, 
    harvesting fish;
        ``(9) the term `North Pacific Council' means the North Pacific 
    Fishery Management Council established under section 302(a)(1)(G) of 
    the Magnuson-Stevens Act (16 U.S.C. 1852(a)(1)(G));
        ``(10) the term `offshore component' means all vessels not 
    included in the definition of `inshore component' that process 
    groundfish harvested in the Bering Sea and Aleutian Islands 
    Management Area;
        ``(11) the term `Secretary' means the Secretary of Commerce; and
        ``(12) the term `shoreside processor' means any person or vessel 
    that receives unprocessed fish, except catcher/processors, 
    motherships, buying stations, restaurants, or persons receiving fish 
    for personal consumption or bait.
``SEC. 206. ALLOCATIONS.
    ``(a) Pollock Community Development Quota.--Effective January 1, 
1999, 10 percent of the total allowable catch of pollock in the Bering 
Sea and Aleutian Islands Management Area shall be allocated as a 
directed fishing allowance to the western Alaska community development 
quota program established under section 305(i) of the Magnuson-Stevens 
Act (16 U.S.C. 1855(i)).
    ``(b) Inshore/Offshore.--Effective January 1, 1999, the remainder of 
the pollock total allowable catch in the Bering Sea and Aleutian Islands 
Management Area, after the subtraction of the allocation under 
subsection (a) and the subtraction of allowances for the incidental 
catch of pollock by vessels harvesting other groundfish species 
(including under the western Alaska community development quota program) 
shall be allocated as directed fishing allowances as follows--
        ``(1) 50 percent to catcher vessels harvesting pollock for 
    processing by the inshore component;
        ``(2) 40 percent to catcher/processors and catcher vessels 
    harvesting pollock for processing by catcher/processors in the 
    offshore component; and
        ``(3) 10 percent to catcher vessels harvesting pollock for 
    processing by motherships in the offshore component.
``SEC. 207. BUYOUT.
    ``(a) Federal Loan.--Under the authority of sections 1111 and 1112 
of title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f and 
1279g) and notwithstanding the requirements of section 312 of the 
Magnuson-Stevens Act (16 U.S.C. 1861a), the Secretary shall, subject to 
the availability of appropriations for the cost of the direct loan, 
provide up to $75,000,000 through a direct loan obligation for the 
payments required under subsection (d).
    ``(b) Inshore Fee System.--Notwithstanding the requirements of 
section 304(d) or 312 of the Magnuson-Stevens Act (16 U.S.C. 1854(d) and 
1861a), the Secretary shall establish a fee for the repayment of such 
loan obligation which--
        ``(1) shall be six-tenths (0.6) of one cent for each pound 
    round-weight of all pollock harvested from the directed fishing 
    allowance under section 206(b)(1); and
        ``(2) shall begin with such pollock harvested on or after 
    January 1, 2000, and continue without interruption until such loan 
    obligation is fully repaid; and
        ``(3) shall be collected in accordance with section 312(d)(2)(C) 
    of the Magnuson-Stevens Act (16 U.S.C. 1861a(d)(2)(C)) and in 
    accordance with such other conditions as the Secretary establishes.
    ``(c) Federal Appropriation.--Under the authority of section 
312(c)(1)(B) of the Magnuson-Stevens Act (16 U.S.C. 1861a(c)(1)(B)), 
there are authorized to be appropriated $20,000,000 for the payments 
required under subsection (d).
    ``(d) Payments.--Subject to the availability of appropriations for 
the cost of the direct loan under subsection (a) and funds under 
subsection (c), the Secretary shall pay by not later than December 31, 
1998--
        ``(1) up to $90,000,000 to the owner or owners of the catcher/
    processors listed in paragraphs (1) through (9) of section 209, in 
    such manner as the owner or owners, with the concurrence of the 
    Secretary, agree, except that--
            ``(A) the portion of such payment with respect to the 
        catcher/processor listed in paragraph (1) of section 209 shall 
        be made only after the owner submits a written certification 
        acceptable to the Secretary that neither the owner nor a 
        purchaser from the owner intends to use such catcher/processor 
        outside of the exclusive economic zone of the United States to 
        harvest any stock of fish (as such term is defined in section 3 
        of the Magnuson-Stevens Act (16 U.S.C. 1802)) that occurs within 
        the exclusive economic zone of the United States; and
            ``(B) the portion of such payment with respect to the 
        catcher/processors listed in paragraphs (2) through (9) of 
        section 209 shall be made only after the owner or owners of such 
        catcher/processors submit a written certification acceptable to 
        the Secretary that such catcher/processors will be scrapped by 
        December 31, 2000 and will not, before that date, be used to 
        harvest or process any fish; and
        ``(2)(A) if a contract has been filed under section 210(a) by 
    the catcher/processors listed in section 208(e), $5,000,000 to the 
    owner or owners of the catcher/processors listed in paragraphs (10) 
    through (14) of such section in such manner as the owner or owners, 
    with the concurrence of the Secretary, agree; or
        ``(B) if such a contract has not been filed by such date, 
    $5,000,000 to the owners of the catcher vessels eligible under 
    section 208(b) and the catcher/processors eligible under paragraphs 
    (1) through (20) of section 208(e), divided based on the amount of 
    the harvest of pollock in the directed pollock fishery by each such 
    vessel in 1997 in such manner as the Secretary deems appropriate,
except that any such payments shall be reduced by any obligation to the 
federal government that has not been satisfied by such owner or owners 
of any such vessels.
    ``(e) Penalty.--If the catcher/processor under paragraph (1) of 
section 209 is used outside of the exclusive economic zone of the United 
States to harvest any stock of fish that occurs within the exclusive 
economic zone of the United States while the owner who received the 
payment under subsection (d)(1)(A) has an ownership interest in such 
vessel, or if the catcher/processors listed in paragraphs (2) through 
(9) of section 209 are determined by the Secretary not to have been 
scrapped by December 31, 2000 or to have been used in a manner 
inconsistent with subsection (d)(1)(B), the Secretary may suspend any or 
all of the federal permits which allow any vessels owned in whole or in 
part by the owner or owners who received payments under subsection 
(d)(1) to harvest or process fish within the exclusive economic zone of 
the United States until such time as the obligations of such owner or 
owners under subsection (d)(1) have been fulfilled to the satisfaction 
of the Secretary.
    ``(f) Program Defined; Maturity.--For the purposes of section 1111 
of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f), the fishing 
capacity reduction program in this subtitle shall be within the meaning 
of the term `program' as defined and used in such section. 
Notwithstanding section 1111(b)(4) of such Act (46 U.S.C. App. 
1279f(b)(4)), the debt obligation under subsection (a) of this section 
may have a maturity not to exceed 30 years.
    ``(g) Fishery Capacity Reduction Regulations.--The Secretary of 
Commerce shall by not later than October 15, 1998 publish proposed 
regulations to implement subsections (b), (c), (d), and (e) of section 
312 of the Magnuson-Stevens Act (16 U.S.C. 1861a) and sections 1111 and 
1112 of title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f 
and 1279g).
``SEC. 208. ELIGIBLE VESSELS AND PROCESSORS.
    ``(a) Catcher Vessels Onshore.--Effective January 1, 2000, only 
catcher vessels which are--
        ``(1) determined by the Secretary--
            ``(A) to have delivered at least 250 metric tons of pollock; 
        or
            ``(B) to be less than 60 feet in length overall and to have 
        delivered at least 40 metric tons of pollock,
for processing by the inshore component in the directed pollock fishery 
in any one of the years 1996 or 1997, or between January 1, 1998 and 
September 1, 1998;
        ``(2) eligible to harvest pollock in the directed pollock 
    fishery under the license limitation program recommended by the 
    North Pacific Council and approved by the Secretary; and
        ``(3) not listed in subsection (b),
shall be eligible to harvest the directed fishing allowance under 
section 206(b)(1) pursuant to a federal fishing permit.
    ``(b) Catcher Vessels to Catcher/Processors.--Effective January 1, 
1999, only the following catcher vessels shall be eligible to harvest 
the directed fishing allowance under section 206(b)(2) pursuant to a 
federal fishing permit:
        ``(1) AMERICAN CHALLENGER (United States official number 
    633219);
        ``(2) FORUM STAR (United States official number 925863);
        ``(3) MUIR MILACH (United States official number 611524);
        ``(4) NEAHKAHNIE (United States official number 599534);
        ``(5) OCEAN HARVESTER (United States official number 549892);
        ``(6) SEA STORM (United States official number 628959);
        ``(7) TRACY ANNE (United States official number 904859); and
        ``(8) any catcher vessel--
            ``(A) determined by the Secretary to have delivered at least 
        250 metric tons and at least 75 percent of the pollock it 
        harvested in the directed pollock fishery in 1997 to catcher/
        processors for processing by the offshore component; and
            ``(B) eligible to harvest pollock in the directed pollock 
        fishery under the license limitation program recommended by the 
        North Pacific Council and approved by the Secretary.
    ``(c) Catcher Vessels to Motherships.--Effective January 1, 2000, 
only the following catcher vessels shall be eligible to harvest the 
directed fishing allowance under section 206(b)(3) pursuant to a federal 
fishing permit:
        ``(1) ALEUTIAN CHALLENGER (United States official number 
    603820);
        ``(2) ALYESKA (United States official number 560237);
        ``(3) AMBER DAWN (United States official number 529425);
        ``(4) AMERICAN BEAUTY (United States official number 613847);
        ``(5) CALIFORNIA HORIZON (United States official number 590758);
        ``(6) MAR-GUN (United States official number 525608);
        ``(7) MARGARET LYN (United States official number 615563);
        ``(8) MARK I (United States official number 509552);
        ``(9) MISTY DAWN (United States official number 926647);
        ``(10) NORDIC FURY (United States official number 542651);
        ``(11) OCEAN LEADER (United States official number 561518);
        ``(12) OCEANIC (United States official number 602279);
        ``(13) PACIFIC ALLIANCE (United States official number 612084);
        ``(14) PACIFIC CHALLENGER (United States official number 
    518937);
        ``(15) PACIFIC FURY (United States official number 561934);
        ``(16) PAPADO II (United States official number 536161);
        ``(17) TRAVELER (United States official number 929356);
        ``(18) VESTERAALEN (United States official number 611642);
        ``(19) WESTERN DAWN (United States official number 524423); and
        ``(20) any vessel--
            ``(A) determined by the Secretary to have delivered at least 
        250 metric tons of pollock for processing by motherships in the 
        offshore component of the directed pollock fishery in any one of 
        the years 1996 or 1997, or between January 1, 1998 and September 
        1, 1998;
            ``(B) eligible to harvest pollock in the directed pollock 
        fishery under the license limitation program recommended by the 
        North Pacific Council and approved by the Secretary; and
            ``(C) not listed in subsection (b).
    ``(d) Motherships.--Effective January 1, 2000, only the following 
motherships shall be eligible to process the directed fishing allowance 
under section 206(b)(3) pursuant to a federal fishing permit:
        ``(1) EXCELLENCE (United States official number 967502);
        ``(2) GOLDEN ALASKA (United States official number 651041); and
        ``(3) OCEAN PHOENIX (United States official number 296779).
    ``(e) Catcher/Processors.--Effective January 1, 1999, only the 
following catcher/processors shall be eligible to harvest the directed 
fishing allowance under section 206(b)(2) pursuant to a federal fishing 
permit:
        ``(1) AMERICAN DYNASTY (United States official number 951307);
        ``(2) KATIE ANN (United States official number 518441);
        ``(3) AMERICAN TRIUMPH (United States official number 646737);
        ``(4) NORTHERN EAGLE (United States official number 506694);
        ``(5) NORTHERN HAWK (United States official number 643771);
        ``(6) NORTHERN JAEGER (United States official number 521069);
        ``(7) OCEAN ROVER (United States official number 552100);
        ``(8) ALASKA OCEAN (United States official number 637856);
        ``(9) ENDURANCE (United States official number 592206);
        ``(10) AMERICAN ENTERPRISE (United States official number 
    594803);
        ``(11) ISLAND ENTERPRISE (United States official number 610290);
        ``(12) KODIAK ENTERPRISE (United States official number 579450);
        ``(13) SEATTLE ENTERPRISE (United States official number 
    904767);
        ``(14) US ENTERPRISE (United States official number 921112);
        ``(15) ARCTIC STORM (United States official number 903511);
        ``(16) ARCTIC FJORD (United States official number 940866);
        ``(17) NORTHERN GLACIER (United States official number 663457);
        ``(18) PACIFIC GLACIER (United States official number 933627);
        ``(19) HIGHLAND LIGHT (United States official number 577044);
        ``(20) STARBOUND (United States official number 944658); and
        ``(21) any catcher/processor not listed in this subsection and 
    determined by the Secretary to have harvested more than 2,000 metric 
    tons of the pollock in the 1997 directed pollock fishery and 
    determined to be eligible to harvest pollock in the directed pollock 
    fishery under the license limitation program recommended by the 
    North Pacific Council and approved by the Secretary, except that 
    catcher/processors eligible under this paragraph shall be prohibited 
    from harvesting in the aggregate a total of more than one-half (0.5) 
    of a percent of the pollock apportioned for the directed pollock 
    fishery under section 206(b)(2).
Notwithstanding section 213(a), failure to satisfy the requirements of 
section 4(a) of the Commercial Fishing Industry Vessel Anti-Reflagging 
Act of 1987 (Public Law 100-239; 46 U.S.C. 12108 note) shall not make a 
catcher/processor listed under this subsection ineligible for a fishery 
endorsement.
    ``(f) Shoreside Processors.--(1) Effective January 1, 2000 and 
except as provided in paragraph (2), the catcher vessels eligible under 
subsection (a) may deliver pollock harvested from the directed fishing 
allowance under section 206(b)(1) only to--
        ``(A) shoreside processors (including vessels in a single 
    geographic location in Alaska State waters) determined by the 
    Secretary to have processed more than 2,000 metric tons round-weight 
    of pollock in the inshore component of the directed pollock fishery 
    during each of 1996 and 1997; and
        ``(B) shoreside processors determined by the Secretary to have 
    processed pollock in the inshore component of the directed pollock 
    fishery in 1996 or 1997, but to have processed less than 2,000 
    metric tons round-weight of such pollock in each year, except that 
    effective January 1, 2000, each such shoreside processor may not 
    process more than 2,000 metric tons round-weight from such directed 
    fishing allowance in any year.
    ``(2) Upon recommendation by the North Pacific Council, the 
Secretary may approve measures to allow catcher vessels eligible under 
subsection (a) to deliver pollock harvested from the directed fishing 
allowance under section 206(b)(1) to shoreside processors not eligible 
under paragraph (1) if the total allowable catch for pollock in the 
Bering Sea and Aleutian Islands Management Area increases by more than 
10 percent above the total allowable catch in such fishery in 1997, or 
in the event of the actual total loss or constructive total loss of a 
shoreside processor eligible under paragraph (1)(A).
    ``(g) Replacement Vessels.--In the event of the actual total loss or 
constructive total loss of a vessel eligible under subsections (a), (b), 
(c), (d), or (e), the owner of such vessel may replace such vessel with 
a vessel which shall be eligible in the same manner under that 
subsection as the eligible vessel, provided that--
        ``(1) such loss was caused by an act of God, an act of war, a 
    collision, an act or omission of a party other than the owner or 
    agent of the vessel, or any other event not caused by the willful 
    misconduct of the owner or agent;
        ``(2) the replacement vessel was built in the United States and 
    if ever rebuilt, was rebuilt in the United States;
        ``(3) the fishery endorsement for the replacement vessel is 
    issued within 36 months of the end of the last year in which the 
    eligible vessel harvested or processed pollock in the directed 
    pollock fishery;
        ``(4) if the eligible vessel is greater than 165 feet in 
    registered length, of more than 750 gross registered tons, or has 
    engines capable of producing more than 3,000 shaft horsepower, the 
    replacement vessel is of the same or lesser registered length, gross 
    registered tons, and shaft horsepower;
        ``(5) if the eligible vessel is less than 165 feet in registered 
    length, of fewer than 750 gross registered tons, and has engines 
    incapable of producing less than 3,000 shaft horsepower, the 
    replacement vessel is less than each of such thresholds and does not 
    exceed by more than 10 percent the registered length, gross 
    registered tons or shaft horsepower of the eligible vessel; and
        ``(6) the replacement vessel otherwise qualifies under federal 
    law for a fishery endorsement, including under section 12102(c) of 
    title 46, United States Code, as amended by this Act.
    ``(h) Eligibility During Implementation.--In the event the Secretary 
is unable to make a final determination about the eligibility of a 
vessel under subsection (b)(8) or subsection (e)(21) before January 1, 
1999, or a vessel or shoreside processor under subsection (a), 
subsection (c)(21), or subsection (f) before January 1, 2000, such 
vessel or shoreside processor, upon the filing of an application for 
eligibility, shall be eligible to participate in the directed pollock 
fishery pending final determination by the Secretary with respect to 
such vessel or shoreside processor.
    ``(i) Eligibility Not a Right.--Eligibility under this section shall 
not be construed--
        ``(1) to confer any right of compensation, monetary or 
    otherwise, to the owner of any catcher vessel, catcher/processor, 
    mothership, or shoreside processor if such eligibility is revoked or 
    limited in any way, including through the revocation or limitation 
    of a fishery endorsement or any federal permit or license;
        ``(2) to create any right, title, or interest in or to any fish 
    in any fishery; or
        ``(3) to waive any provision of law otherwise applicable to such 
    catcher vessel, catcher/processor, mothership, or shoreside 
    processor.
``SEC. 209. LIST OF INELIGIBLE VESSELS.
    ``Effective December 31, 1998, the following vessels shall be 
permanently ineligible for fishery endorsements, and any claims 
(including relating to catch history) associated with such vessels that 
could qualify any owners of such vessels for any present or future 
limited access system permit in any fishery within the exclusive 
economic zone of the United States (including a vessel moratorium permit 
or license limitation program permit in fisheries under the authority of 
the North Pacific Council) are hereby extinguished:
        ``(1) AMERICAN EMPRESS (United States official number 942347);
        ``(2) PACIFIC SCOUT (United States official number 934772);
        ``(3) PACIFIC EXPLORER (United States official number 942592);
        ``(4) PACIFIC NAVIGATOR (United States official number 592204);
        ``(5) VICTORIA ANN (United States official number 592207);
        ``(6) ELIZABETH ANN (United States official number 534721);
        ``(7) CHRISTINA ANN (United States official number 653045);
        ``(8) REBECCA ANN (United States official number 592205); and
        ``(9) BROWNS POINT (United States official number 587440).
``SEC. 210. FISHERY COOPERATIVE LIMITATIONS.
    ``(a) Public Notice.--(1) Any contract implementing a fishery 
cooperative under section 1 of the Act of June 25, 1934 (15 U.S.C. 521) 
in the directed pollock fishery and any material modifications to any 
such contract shall be filed not less than 30 days prior to the start of 
fishing under the contract with the North Pacific Council and with the 
Secretary, together with a copy of a letter from a party to the contract 
requesting a business review letter on the fishery cooperative from the 
Department of Justice and any response to such request. Notwithstanding 
section 402 of the Magnuson-Stevens Act (16 U.S.C. 1881a) or any other 
provision of law, but taking into account the interest of parties to any 
such contract in protecting the confidentiality of proprietary 
information, the North Pacific Council and Secretary shall--
        ``(A) make available to the public such information about the 
    contract, contract modifications, or fishery cooperative the North 
    Pacific Council and Secretary deem appropriate, which at a minimum 
    shall include a list of the parties to the contract, a list of the 
    vessels involved, and the amount of pollock and other fish to be 
    harvested by each party to such contract; and
        ``(B) make available to the public in such manner as the North 
    Pacific Council and Secretary deem appropriate information about the 
    harvest by vessels under a fishery cooperative of all species 
    (including bycatch) in the directed pollock fishery on a vessel-by-
    vessel basis.
    ``(b) Catcher Vessels Onshore.--
        ``(1) Catcher vessel cooperatives.--Effective January 1, 2000, 
    upon the filing of a contract implementing a fishery cooperative 
    under subsection (a) which--
            ``(A) is signed by the owners of 80 percent or more of the 
        qualified catcher vessels that delivered pollock for processing 
        by a shoreside processor in the directed pollock fishery in the 
        year prior to the year in which the fishery cooperative will be 
        in effect; and
            ``(B) specifies, except as provided in paragraph (6), that 
        such catcher vessels will deliver pollock in the directed 
        pollock fishery only to such shoreside processor during the year 
        in which the fishery cooperative will be in effect and that such 
        shoreside processor has agreed to process such pollock,
the Secretary shall allow only such catcher vessels (and catcher vessels 
whose owners voluntarily participate pursuant to paragraph (2)) to 
harvest the aggregate percentage of the directed fishing allowance under 
section 206(b)(1) in the year in which the fishery cooperative will be 
in effect that is equivalent to the aggregate total amount of pollock 
harvested by such catcher vessels (and by such catcher vessels whose 
owners voluntarily participate pursuant to paragraph (2)) in the 
directed pollock fishery for processing by the inshore component during 
1995, 1996, and 1997 relative to the aggregate total amount of pollock 
harvested in the directed pollock fishery for processing by the inshore 
component during such years and shall prevent such catcher vessels (and 
catcher vessels whose owners voluntarily participate pursuant to 
paragraph (2)) from harvesting in aggregate in excess of such percentage 
of such directed fishing allowance.
        ``(2) Voluntary participation.--Any contract implementing a 
    fishery cooperative under paragraph (1) must allow the owners of 
    other qualified catcher vessels to enter into such contract after it 
    is filed and before the calender year in which fishing will begin 
    under the same terms and conditions as the owners of the qualified 
    catcher vessels who entered into such contract upon filing.
        ``(3) Qualified catcher vessel.--For the purposes of this 
    subsection, a catcher vessel shall be considered a `qualified 
    catcher vessel' if, during the year prior to the year in which the 
    fishery cooperative will be in effect, it delivered more pollock to 
    the shoreside processor to which it will deliver pollock under the 
    fishery cooperative in paragraph (1) than to any other shoreside 
    processor.
        ``(4) Consideration of certain vessels.--Any contract 
    implementing a fishery cooperative under paragraph (1) which has 
    been entered into by the owner of a qualified catcher vessel 
    eligible under section 208(a) that harvested pollock for processing 
    by catcher/processors or motherships in the directed pollock fishery 
    during 1995, 1996, and 1997 shall, to the extent practicable, 
    provide fair and equitable terms and conditions for the owner of 
    such qualified catcher vessel.
        ``(5) Open access.--A catcher vessel eligible under section 
    208(a) the catch history of which has not been attributed to a 
    fishery cooperative under paragraph (1) may be used to deliver 
    pollock harvested by such vessel from the directed fishing allowance 
    under section 206(b)(1) (other than pollock reserved under paragraph 
    (1) for a fishery cooperative) to any of the shoreside processors 
    eligible under section 208(f). A catcher vessel eligible under 
    section 208(a) the catch history of which has been attributed to a 
    fishery cooperative under paragraph (1) during any calendar year may 
    not harvest any pollock apportioned under section 206(b)(1) in such 
    calendar year other than the pollock reserved under paragraph (1) 
    for such fishery cooperative.
        ``(6) Transfer of cooperative harvest.--A contract implementing 
    a fishery cooperative under paragraph (1) may, notwithstanding the 
    other provisions of this subsection, provide for up to 10 percent of 
    the pollock harvested under such cooperative to be processed by a 
    shoreside processor eligible under section 208(f) other than the 
    shoreside processor to which pollock will be delivered under 
    paragraph (1).
    ``(c) Catcher Vessels to Catcher/Processors.--Effective January 1, 
1999, not less than 8.5 percent of the directed fishing allowance under 
section 206(b)(2) shall be available for harvest only by the catcher 
vessels eligible under section 208(b). The owners of such catcher 
vessels may participate in a fishery cooperative with the owners of the 
catcher/processors eligible under paragraphs (1) through (20) of the 
section 208(e). The owners of such catcher vessels may participate in a 
fishery cooperative that will be in effect during 1999 only if the 
contract implementing such cooperative establishes penalties to prevent 
such vessels from exceeding in 1999 the traditional levels harvested by 
such vessels in all other fisheries in the exclusive economic zone of 
the United States.
    ``(d) Catcher Vessels to Motherships.--
        ``(1) Processing.--Effective January 1, 2000, the authority in 
    section 1 of the Act of June 25, 1934 (48 Stat. 1213 and 1214; 15 
    U.S.C. 521 et seq.) shall extend to processing by motherships 
    eligible under section 208(d) solely for the purposes of forming or 
    participating in a fishery cooperative in the directed pollock 
    fishery upon the filing of a contract to implement a fishery 
    cooperative under subsection (a) which has been entered into by the 
    owners of 80 percent or more of the catcher vessels eligible under 
    section 208(c) for the duration of such contract, provided that such 
    owners agree to the terms of the fishery cooperative involving 
    processing by the motherships.
        ``(2) Voluntary participation.--Any contract implementing a 
    fishery cooperative described in paragraph (1) must allow the owners 
    of any other catcher vessels eligible under section 208(c) to enter 
    such contract after it is filed and before the calendar year in 
    which fishing will begin under the same terms and conditions as the 
    owners of the catcher vessels who entered into such contract upon 
    filing.
    ``(e) Excessive Shares.--
        ``(1) Harvesting.--No particular individual, corporation, or 
    other entity may harvest, through a fishery cooperative or 
    otherwise, a total of more than 17.5 percent of the pollock 
    available to be harvested in the directed pollock fishery.
        ``(2) Processing.--Under the authority of section 301(a)(4) of 
    the Magnuson-Stevens Act (16 U.S.C. 1851(a)(4)), the North Pacific 
    Council is directed to recommend for approval by the Secretary 
    conservation and management measures to prevent any particular 
    individual or entity from processing an excessive share of the 
    pollock available to be harvested in the directed pollock fishery. 
    In the event the North Pacific Council recommends and the Secretary 
    approves an excessive processing share that is lower than 17.5 
    percent, any individual or entity that previously processed a 
    percentage greater than such share shall be allowed to continue to 
    process such percentage, except that their percentage may not exceed 
    17.5 percent (excluding pollock processed by catcher/processors that 
    was harvested in the directed pollock fishery by catcher vessels 
    eligible under 208(b)) and shall be reduced if their percentage 
    decreases, until their percentage is below such share. In 
    recommending the excessive processing share, the North Pacific 
    Council shall consider the need of catcher vessels in the directed 
    pollock fishery to have competitive buyers for the pollock harvested 
    by such vessels.
        ``(3) Review by maritime administration.--At the request of the 
    North Pacific Council or the Secretary, any individual or entity 
    believed by such Council or the Secretary to have exceeded the 
    percentage in either paragraph (1) or (2) shall submit such 
    information to the Administrator of the Maritime Administration as 
    the Administrator deems appropriate to allow the Administrator to 
    determine whether such individual or entity has exceeded either such 
    percentage. The Administrator shall make a finding as soon as 
    practicable upon such request and shall submit such finding to the 
    North Pacific Council and the Secretary. For the purposes of this 
    subsection, any entity in which 10 percent or more of the interest 
    is owned or controlled by another individual or entity shall be 
    considered to be the same entity as the other individual or entity.
    ``(f) Landing Tax Jurisdiction.--Any contract filed under subsection 
(a) shall include a contract clause under which the parties to the 
contract agree to make payments to the State of Alaska for any pollock 
harvested in the directed pollock fishery which is not landed in the 
State of Alaska, in amounts which would otherwise accrue had the pollock 
been landed in the State of Alaska subject to any landing taxes 
established under Alaska law. Failure to include such a contract clause 
or for such amounts to be paid shall result in a revocation of the 
authority to form fishery cooperatives under section 1 of the Act of 
June 25, 1934 (15 U.S.C. 521 et seq.).
    ``(g) Penalties.--The violation of any of the requirements of this 
subtitle or any regulation or permit issued pursuant to this subtitle 
shall be considered the commission of an act prohibited by section 307 
of the Magnuson-Stevens Act (16 U.S.C. 1857), and sections 308, 309, 
310, and 311 of such Act (16 U.S.C. 1858, 1859, 1860, and 1861) shall 
apply to any such violation in the same manner as to the commission of 
an act prohibited by section 307 of such Act (16 U.S.C. 1857). In 
addition to the civil penalties and permit sanctions applicable to 
prohibited acts under section 308 of such Act (16 U.S.C. 1858), any 
person who is found by the Secretary, after notice and an opportunity 
for a hearing in accordance with section 554 of title 5, United States 
Code, to have violated a requirement of this section shall be subject to 
the forfeiture to the Secretary of Commerce of any fish harvested or 
processed during the commission of such act.
``SEC. 211. PROTECTIONS FOR OTHER FISHERIES; CONSERVATION MEASURES.
    ``(a) General.--The North Pacific Council shall recommend for 
approval by the Secretary such conservation and management measures as 
it determines necessary to protect other fisheries under its 
jurisdiction and the participants in those fisheries, including 
processors, from adverse impacts caused by this Act [probably should be 
``this title'', see Tables for classification] or fishery cooperatives 
in the directed pollock fishery.
    ``(b) Catcher/Processor Restrictions.--
        ``(1) General.--The restrictions in this subsection shall take 
    effect on January 1, 1999 and shall remain in effect thereafter 
    except that they may be superceded (with the exception of paragraph 
    (4)) by conservation and management measures recommended after the 
    date of the enactment of this Act [Oct. 21, 1998] by the North 
    Pacific Council and approved by the Secretary in accordance with the 
    Magnuson-Stevens Act.
        ``(2) Bering sea fishing.--The catcher/processors eligible under 
    paragraphs (1) through (20) of section 208(e) are hereby prohibited 
    from, in the aggregate--
            ``(A) exceeding the percentage of the harvest available in 
        the offshore component of any Bering Sea and Aleutian Islands 
        groundfish fishery (other than the pollock fishery) that is 
        equivalent to the total harvest by such catcher/processors and 
        the catcher/processors listed in section 209 in the fishery in 
        1995, 1996, and 1997 relative to the total amount available to 
        be harvested by the offshore component in the fishery in 1995, 
        1996, and 1997;
            ``(B) exceeding the percentage of the prohibited species 
        available in the offshore component of any Bering Sea and 
        Aleutian Islands groundfish fishery (other than the pollock 
        fishery) that is equivalent to the total of the prohibited 
        species harvested by such catcher/processors and the catcher/
        processors listed in section 209 in the fishery in 1995, 1996, 
        and 1997 relative to the total amount of prohibited species 
        available to be harvested by the offshore component in the 
        fishery in 1995, 1996, and 1997; and
            ``(C) fishing for Atka mackerel in the eastern area of the 
        Bering Sea and Aleutian Islands and from exceeding the following 
        percentages of the directed harvest available in the Bering Sea 
        and Aleutian Islands Atka mackerel fishery--
                ``(i) 11.5 percent in the central area; and
                ``(ii) 20 percent in the western area.
        ``(3) Bering sea processing.--The catcher/processors eligible 
    under paragraphs (1) through (20) of section 208(e) are hereby 
    prohibited from--
            ``(A) processing any of the directed fishing allowances 
        under paragraphs (1) or (3) of section 206(b); and
            ``(B) processing any species of crab harvested in the Bering 
        Sea and Aleutian Islands Management Area.
        ``(4) Gulf of alaska.--The catcher/processors eligible under 
    paragraphs (1) through (20) of section 208(e) are hereby prohibited 
    from--
            ``(A) harvesting any fish in the Gulf of Alaska;
            ``(B) processing any groundfish harvested from the portion 
        of the exclusive economic zone off Alaska known as area 630 
        under the fishery management plan for Gulf of Alaska groundfish; 
        or
            ``(C) processing any pollock in the Gulf of Alaska (other 
        than as bycatch in non-pollock groundfish fisheries) or 
        processing, in the aggregate, a total of more than 10 percent of 
        the cod harvested from areas 610, 620, and 640 of the Gulf of 
        Alaska under the fishery management plan for Gulf of Alaska 
        groundfish.
        ``(5) Fisheries other than north pacific.--The catcher/
    processors eligible under paragraphs (1) through (20) of section 
    208(e) and motherships eligible under section 208(d) are hereby 
    prohibited from harvesting fish in any fishery under the authority 
    of any regional fishery management council established under section 
    302(a) of the Magnuson-Stevens Act (16 U.S.C. 1852(a)) other than 
    the North Pacific Council, except for the Pacific whiting fishery, 
    and from processing fish in any fishery under the authority of any 
    such regional fishery management council other than the North 
    Pacific Council, except in the Pacific whiting fishery, unless the 
    catcher/processor or mothership is authorized to harvest or process 
    fish under a fishery management plan recommended by the regional 
    fishery management council of jurisdiction and approved by the 
    Secretary.
        ``(6) Observers and scales.--The catcher/processors eligible 
    under paragraphs (1) through (20) of section 208(e) shall--
            ``(A) have two observers onboard at all times while 
        groundfish is being harvested, processed, or received from 
        another vessel in any fishery under the authority of the North 
        Pacific Council; and
            ``(B) weigh its catch on a scale onboard approved by the 
        National Marine Fisheries Service while harvesting groundfish in 
        fisheries under the authority of the North Pacific Council.
    This paragraph shall take effect on January 1, 1999 for catcher/
    processors eligible under paragraphs (1) through (20) of section 
    208(e) that will harvest pollock allocated under section 206(a) in 
    1999, and shall take effect on January 1, 2000 for all other 
    catcher/processors eligible under such paragraphs of section 208(e).
    ``(c) Catcher Vessel and Shoreside Processor Restrictions.--
        ``(1) Required council recommendations.--By not later than July 
    1, 1999, the North Pacific Council shall recommend for approval by 
    the Secretary conservation and management measures to--
            ``(A) prevent the catcher vessels eligible under subsections 
        (a), (b), and (c) of section 208 from exceeding in the aggregate 
        the traditional harvest levels of such vessels in other 
        fisheries under the authority of the North Pacific Council as a 
        result of fishery cooperatives in the directed pollock fishery; 
        and
            ``(B) protect processors not eligible to participate in the 
        directed pollock fishery from adverse effects as a result of 
        this Act or fishery cooperatives in the directed pollock 
        fishery.
    If the North Pacific Council does not recommend such conservation 
    and management measures by such date, or if the Secretary determines 
    that such conservation and management measures recommended by the 
    North Pacific Council are not adequate to fulfill the purposes of 
    this paragraph, the Secretary may by regulation restrict or change 
    the authority in section 210(b) to the extent the Secretary deems 
    appropriate, including by preventing fishery cooperatives from being 
    formed pursuant to such section and by providing greater flexibility 
    with respect to the shoreside processor or shoreside processors to 
    which catcher vessels in a fishery cooperative under section 210(b) 
    may deliver pollock.
        ``(2) Bering sea crab and groundfish.--
            ``(A) Effective January 1, 2000, the owners of the 
        motherships eligible under section 208(d) and the shoreside 
        processors eligible under section 208(f) that receive pollock 
        from the directed pollock fishery under a fishery cooperative 
        are hereby prohibited from processing, in the aggregate for each 
        calendar year, more than the percentage of the total catch of 
        each species of crab in directed fisheries under the 
        jurisdiction of the North Pacific Council than facilities 
        operated by such owners processed of each such species in the 
        aggregate, on average, in 1995, 1996, 1997. For the purposes of 
        this subparagraph, the term `facilities' means any processing 
        plant, catcher/processor, mothership, floating processor, or any 
        other operation that processes fish. Any entity in which 10 
        percent or more of the interest is owned or controlled by 
        another individual or entity shall be considered to be the same 
        entity as the other individual or entity for the purposes of 
        this subparagraph.
            ``(B) Under the authority of section 301(a)(4) of the 
        Magnuson-Stevens Act (16 U.S.C. 1851(a)(4)), the North Pacific 
        Council is directed to recommend for approval by the Secretary 
        conservation and management measures to prevent any particular 
        individual or entity from harvesting or processing an excessive 
        share of crab or of groundfish in fisheries in the Bering Sea 
        and Aleutian Islands Management Area.
            ``(C) The catcher vessels eligible under section 208(b) are 
        hereby prohibited from participating in a directed fishery for 
        any species of crab in the Bering Sea and Aleutian Islands 
        Management Area unless the catcher vessel harvested crab in the 
        directed fishery for that species of crab in such Area during 
        1997 and is eligible to harvest such crab in such directed 
        fishery under the license limitation program recommended by the 
        North Pacific Council and approved by the Secretary. The North 
        Pacific Council is directed to recommend measures for approval 
        by the Secretary to eliminate latent licenses under such 
        program, and nothing in this subparagraph shall preclude the 
        Council from recommending measures more restrictive than under 
        this paragraph.
        ``(3) Fisheries other than north pacific.--
            ``(A) By not later than July 1, 2000, the Pacific Fishery 
        Management Council established under section 302(a)(1)(F) of the 
        Magnuson-Stevens Act (16 U.S.C. 1852(a)(1)(F)) shall recommend 
        for approval by the Secretary conservation and management 
        measures to protect fisheries under its jurisdiction and the 
        participants in those fisheries from adverse impacts caused by 
        this Act [probably should be ``this title'', see Tables for 
        classification] or by any fishery cooperatives in the directed 
        pollock fishery.
            ``(B) If the Pacific Council does not recommend such 
        conservation and management measures by such date, or if the 
        Secretary determines that such conservation and management 
        measures recommended by the Pacific Council are not adequate to 
        fulfill the purposes of this paragraph, the Secretary may by 
        regulation implement adequate measures including, but not 
        limited to, restrictions on vessels which harvest pollock under 
        a fishery cooperative which will prevent such vessels from 
        harvesting Pacific groundfish, and restrictions on the number of 
        processors eligible to process Pacific groundfish.
    ``(d) Bycatch Information.--Notwithstanding section 402 of the 
Magnuson-Stevens Act (16 U.S.C. 1881a), the North Pacific Council may 
recommend and the Secretary may approve, under such terms and conditions 
as the North Pacific Council and Secretary deem appropriate, the public 
disclosure of any information from the groundfish fisheries under the 
authority of such Council that would be beneficial in the implementation 
of section 301(a)(9) or section 303(a)(11) of the Magnuson-Stevens Act 
(16 U.S.C. 1851(a)(9) and 1853(a)(11)).
    ``(e) Community Development Loan Program.--Under the authority of 
title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1271 et seq.), 
and subject to the availability of appropriations, the Secretary is 
authorized to provide direct loan obligations to communities eligible to 
participate in the western Alaska community development quota program 
established under 304(i) [305(i)] of the Magnuson-Stevens Act (16 U.S.C. 
1855(i)) for the purposes of purchasing all or part of an ownership 
interest in vessels and shoreside processors eligible under subsections 
(a), (b), (c), (d), (e), or (f) of section 208. Notwithstanding the 
eligibility criteria in section 208(a) and section 208(c), the LISA 
MARIE (United States official number 1038717) shall be eligible under 
such sections in the same manner as other vessels eligible under such 
sections.
``SEC. 212. RESTRICTION ON FEDERAL LOANS.
    ``[Amended section 302(b) of Pub. L. 104-297, set out as a note 
under section 1274 of Title 46, Appendix, Shipping.]
``SEC. 213. DURATION.
    ``(a) General.--Except as otherwise provided in this title [see 
Tables for classification], the provisions of this title shall take 
effect upon the date of the enactment of this Act [Oct. 21, 1998]. 
Sections 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 [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 [probably should be ``this 
title'', see Tables for classification], including the effects on 
fishery conservation and management, on bycatch levels, on fishing 
communities, on business and employment practices of participants in any 
fishery cooperatives, on the western Alaska community development quota 
program, on any fisheries outside of the authority of the North Pacific 
Council, and such other matters as the North Pacific Council deems 
appropriate.
    ``(e) Report on Fillet Production.--Not later than June 1, 2000, the 
General Accounting Office shall submit a report to the North Pacific 
Council, the Secretary, and the Congress on whether this Act has 
negatively affected the market for fillets and fillet blocks, including 
through the reduction in the supply of such fillets and fillet blocks. 
If the report determines that such market has been negatively affected, 
the North Pacific Council shall recommend measures for the Secretary's 
approval to mitigate any negative effects.
    ``(f) Severability.--If any provision of this title, an amendment 
made by this title, or the application of such provision or amendment to 
any person or circumstance is held to be unconstitutional, the remainder 
of this title, the amendments made by this title, and the application of 
the provisions of such to any person or circumstance shall not be 
affected thereby.
    ``(g) International Agreements.--In the event that any provision of 
section 12102(c) or section 31322(a) of title 46, United States Code, as 
amended by this Act, is determined to be inconsistent with an existing 
international agreement relating to foreign investment to which the 
United States is a party with respect to the owner or mortgagee on 
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 such inconsistency. The provisions of section 
12102(c) and section 31322(a) of title 46, United States Code, as 
amended by this Act, shall apply to all subsequent owners and mortgagees 
of such vessel, and shall apply, notwithstanding the preceding sentence, 
to the owner on October 1, 2001 of such vessel if any ownership interest 
in that owner is transferred to or otherwise acquired by a foreign 
individual or entity after such date.''


Restriction on Funding Certain New Fishery Management Plans, Amendments 
                             or Regulations

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


         Albemarle Sound-Roanoke River Basin: Striped Bass Study

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


        Exclusive Economic Zone: Atlantic Striped Bass Protection

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


                   Atlantic Striped Bass Conservation

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

                  Section Referred to in Other Sections

    This section is referred to in sections 1434, 1802, 5103, 5107b, 
5158 of this title.
