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(continued)
Bering Sea;
"(6) disease;
"(7) juvenile and pup survival rates;
"(8) population counts;
"(9) nutritional stress;
"(10) foreign commercial harvest of sea lions outside the
exclusive economic zone;
"(11) the residual impacts of former government-authorized
Steller sea lion eradication bounty programs; and
"(12) the residual impacts of intentional lethal takes of
Steller sea lions.
Within available funds the Secretary shall implement on a pilot
basis innovative non-lethal measures to protect Steller sea lions
from marine mammal predators including killer whales.
"(e) Economic Disaster Relief. - $30,000,000 is hereby
appropriated to the Secretary of Commerce to make available as a
direct payment to the Southwest Alaska Municipal Conference to
distribute to fishing communities, businesses, community
development quota groups, individuals, and other entities to
mitigate the economic losses caused by Steller sea lion protection
measures heretofore incurred; provided that the President of such
organization shall provide a written report to the Secretary and
the House and Senate Appropriations Committee within 6 months of
receipt of these funds."

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

BERING SEA POLLOCK FISHERY
Pub. L. 105-277, div. C, title II, subtitle II, Oct. 21, 1998,
112 Stat. 2681-621, as amended by Pub. L. 106-31, title III, Sec.
3027(a)(2)-(7), May 21, 1999, 113 Stat. 101; Pub. L. 107-20, title
II, Sec. 2202(e)(1), July 24, 2001, 115 Stat. 170; Pub. L. 107-77,
title II, Sec. 211, Nov. 28, 2001, 115 Stat. 779; Pub. L. 107-206,
title I, Sec. 1103, Aug. 2, 2002, 116 Stat. 884, provided that:

"SEC. 205. DEFINITIONS.
"As used in this subtitle -
"(1) the term 'Bering Sea and Aleutian Islands Management Area'
has the same meaning as the meaning given for such term in part
679.2 of title 50, Code of Federal Regulations, as in effect on
October 1, 1998;
"(2) the term 'catcher/processor' means a vessel that is used
for harvesting fish and processing that fish;
"(3) the term 'catcher vessel' means a vessel that is used for
harvesting fish and that does not process pollock onboard;
"(4) the term 'directed pollock fishery' means the fishery for
the directed fishing allowances allocated under paragraphs (1),
(2), and (3) of section 206(b);
"(5) the term 'harvest' means to commercially engage in the
catching, taking, or harvesting of fish or any activity that can
reasonably be expected to result in the catching, taking, or
harvesting of fish;
"(6) the term 'inshore component' means the following
categories that process groundfish harvested in the Bering Sea
and Aleutian Islands Management Area:
"(A) shoreside processors, including those eligible under
section 208(f); and
"(B) vessels less than 125 feet in length overall that
process less than 126 metric tons per week in round-weight
equivalents of an aggregate amount of pollock and Pacific cod;
"(7) the term 'Magnuson-Stevens Act' means the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.);
"(8) the term 'mothership' means a vessel that receives and
processes fish from other vessels in the exclusive economic zone
of the United States and is not used for, or equipped to be used
for, harvesting fish;
"(9) the term 'North Pacific Council' means the North Pacific
Fishery Management Council established under section 302(a)(1)(G)
of the Magnuson-Stevens Act (16 U.S.C. 1852(a)(1)(G));
"(10) the term 'offshore component' means all vessels not
included in the definition of 'inshore component' that process
groundfish harvested in the Bering Sea and Aleutian Islands
Management Area;
"(11) the term 'Secretary' means the Secretary of Commerce; and
"(12) the term 'shoreside processor' means any person or vessel
that receives unprocessed fish, except catcher/processors,
motherships, buying stations, restaurants, or persons receiving
fish for personal consumption or bait.

"SEC. 206. ALLOCATIONS.
"(a) Pollock Community Development Quota. - Effective January 1,
1999, 10 percent of the total allowable catch of pollock in the
Bering Sea and Aleutian Islands Management Area shall be allocated
as a directed fishing allowance to the western Alaska community
development quota program established under section 305(i) of the
Magnuson-Stevens Act (16 U.S.C. 1855(i)).
"(b) Inshore/Offshore. - Effective January 1, 1999, the remainder
of the pollock total allowable catch in the Bering Sea and Aleutian
Islands Management Area, after the subtraction of the allocation
under subsection (a) and the subtraction of allowances for the
incidental catch of pollock by vessels harvesting other groundfish
species (including under the western Alaska community development
quota program) shall be allocated as directed fishing allowances as
follows -
"(1) 50 percent to catcher vessels harvesting pollock for
processing by the inshore component;
"(2) 40 percent to catcher/processors and catcher vessels
harvesting pollock for processing by catcher/processors in the
offshore component; and
"(3) 10 percent to catcher vessels harvesting pollock for
processing by motherships in the offshore component.

"SEC. 207. BUYOUT.
"(a) Federal Loan. - Under the authority of sections 1111 and
1112 of title XI of the Merchant Marine Act, 1936 (46 U.S.C. App.
1279f and 1279g) and notwithstanding the requirements of section
312 of the Magnuson-Stevens Act (16 U.S.C. 1861a), the Secretary
shall, subject to the availability of appropriations for the cost
of the direct loan, provide up to $75,000,000 through a direct loan
obligation for the payments required under subsection (d).
"(b) Inshore Fee System. - Notwithstanding the requirements of
section 304(d) or 312 of the Magnuson-Stevens Act (16 U.S.C.
1854(d) and 1861a), the Secretary shall establish a fee for the
repayment of such loan obligation which -
"(1) shall be six-tenths (0.6) of one cent for each pound
round-weight of all pollock harvested from the directed fishing
allowance under section 206(b)(1); and
"(2) shall begin with such pollock harvested on or after
January 1, 2000, and continue without interruption until such
loan obligation is fully repaid; and
"(3) shall be collected in accordance with section 312(d)(2)(C)
of the Magnuson-Stevens Act (16 U.S.C. 1861a(d)(2)(C)) and in
accordance with such other conditions as the Secretary
establishes.
"(c) Federal Appropriation. - Under the authority of section
312(c)(1)(B) of the Magnuson-Stevens Act (16 U.S.C.
1861a(c)(1)(B)), there are authorized to be appropriated
$20,000,000 for the payments required under subsection (d).
"(d) Payments. - Subject to the availability of appropriations
for the cost of the direct loan under subsection (a) and funds
under subsection (c), the Secretary shall pay by not later than
December 31, 1998 -
"(1) up to $90,000,000 to the owner or owners of the
catcher/processors listed in paragraphs (1) through (9) of
section 209, in such manner as the owner or owners, with the
concurrence of the Secretary, agree, except that -
"(A) the portion of such payment with respect to the
catcher/processor listed in paragraph (1) of section 209 shall
be made only after the owner submits a written certification
acceptable to the Secretary that neither the owner nor a
purchaser from the owner intends to use such catcher/processor
outside of the exclusive economic zone of the United States to
harvest any stock of fish (as such term is defined in section 3
of the Magnuson-Stevens Act (16 U.S.C. 1802)) that occurs
within the exclusive economic zone of the United States; and
"(B) the portion of such payment with respect to the
catcher/processors listed in paragraphs (2) through (9) of
section 209 shall be made only after the owner or owners of
such catcher/processors submit a written certification
acceptable to the Secretary that such catcher/processors will
be scrapped by December 31, 2000 and will not, before that
date, be used to harvest or process any fish; and
"(2)(A) if a contract has been filed under section 210(a) by
the catcher/processors listed in section 208(e), $5,000,000 to
the owner or owners of the catcher/processors listed in
paragraphs (10) through (14) of such section in such manner as
the owner or owners, with the concurrence of the Secretary,
agree; or
"(B) if such a contract has not been filed by such date,
$5,000,000 to the owners of the catcher vessels eligible under
section 208(b) and the catcher/processors eligible under
paragraphs (1) through (20) of section 208(e), divided based on
the amount of the harvest of pollock in the directed pollock
fishery by each such vessel in 1997 in such manner as the
Secretary deems appropriate,
except that any such payments shall be reduced by any obligation to
the federal government that has not been satisfied by such owner or
owners of any such vessels.
"(e) Penalty. - If the catcher/processor under paragraph (1) of
section 209 is used outside of the exclusive economic zone of the
United States to harvest any stock of fish that occurs within the
exclusive economic zone of the United States while the owner who
received the payment under subsection (d)(1)(A) has an ownership
interest in such vessel, or if the catcher/processors listed in
paragraphs (2) through (9) of section 209 are determined by the
Secretary not to have been scrapped by December 31, 2000 or to have
been used in a manner inconsistent with subsection (d)(1)(B), the
Secretary may suspend any or all of the federal permits which allow
any vessels owned in whole or in part by the owner or owners who
received payments under subsection (d)(1) to harvest or process
fish within the exclusive economic zone of the United States until
such time as the obligations of such owner or owners under
subsection (d)(1) have been fulfilled to the satisfaction of the
Secretary.
"(f) Program Defined; Maturity. - For the purposes of section
1111 of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f), the
fishing capacity reduction program in this subtitle shall be within
the meaning of the term 'program' as defined and used in such
section. Notwithstanding section 1111(b)(4) of such Act (46 U.S.C.
App. 1279f(b)(4)), the debt obligation under subsection (a) of this
section may have a maturity not to exceed 30 years.
"(g) Fishery Capacity Reduction Regulations. - The Secretary of
Commerce shall by not later than October 15, 1998 publish proposed
regulations to implement subsections (b), (c), (d), and (e) of
section 312 of the Magnuson-Stevens Act (16 U.S.C. 1861a) and
sections 1111 and 1112 of title XI of the Merchant Marine Act, 1936
(46 U.S.C. App. 1279f and 1279g).

"SEC. 208. ELIGIBLE VESSELS AND PROCESSORS.
"(a) Catcher Vessels Onshore. - Effective January 1, 2000, only
catcher vessels which are -
"(1) determined by the Secretary -
"(A) to have delivered at least 250 metric tons of pollock;
or
"(B) to be less than 60 feet in length overall and to have
delivered at least 40 metric tons of pollock,
for processing by the inshore component in the directed pollock
fishery in any one of the years 1996 or 1997, or between January 1,
1998 and September 1, 1998;
"(2) eligible to harvest pollock in the directed pollock
fishery under the license limitation program recommended by the
North Pacific Council and approved by the Secretary; and
"(3) not listed in subsection (b),
shall be eligible to harvest the directed fishing allowance under
section 206(b)(1) pursuant to a federal fishing permit.
"(b) Catcher Vessels to Catcher/Processors. - Effective January
1, 1999, only the following catcher vessels shall be eligible to
harvest the directed fishing allowance under section 206(b)(2)
pursuant to a federal fishing permit:
"(1) AMERICAN CHALLENGER (United States official number
633219);
"(2) FORUM STAR (United States official number 925863);
"(3) MUIR MILACH (United States official number 611524);
"(4) NEAHKAHNIE (United States official number 599534);
"(5) OCEAN HARVESTER (United States official number 549892);
"(6) SEA STORM (United States official number 628959);
"(7) TRACY ANNE (United States official number 904859); and
"(8) any catcher vessel -
"(A) determined by the Secretary to have delivered at least
250 metric tons and at least 75 percent of the pollock it
harvested in the directed pollock fishery in 1997 to
catcher/processors for processing by the offshore component;
and
"(B) eligible to harvest pollock in the directed pollock
fishery under the license limitation program recommended by the
North Pacific Council and approved by the Secretary.
"(c) Catcher Vessels to Motherships. - Effective January 1, 2000,
only the following catcher vessels shall be eligible to harvest the
directed fishing allowance under section 206(b)(3) pursuant to a
federal fishing permit:
"(1) ALEUTIAN CHALLENGER (United States official number
603820);
"(2) ALYESKA (United States official number 560237);
"(3) AMBER DAWN (United States official number 529425);
"(4) AMERICAN BEAUTY (United States official number 613847);
"(5) CALIFORNIA HORIZON (United States official number 590758);
"(6) MAR-GUN (United States official number 525608);
"(7) MARGARET LYN (United States official number 615563);
"(8) MARK I (United States official number 509552);
"(9) MISTY DAWN (United States official number 926647);
"(10) NORDIC FURY (United States official number 542651);
"(11) OCEAN LEADER (United States official number 561518);
"(12) OCEANIC (United States official number 602279);
"(13) PACIFIC ALLIANCE (United States official number 612084);
"(14) PACIFIC CHALLENGER (United States official number
518937);
"(15) PACIFIC FURY (United States official number 561934);
"(16) PAPADO II (United States official number 536161);
"(17) TRAVELER (United States official number 929356);
"(18) VESTERAALEN (United States official number 611642);
"(19) WESTERN DAWN (United States official number 524423); and
"(20) any vessel -
"(A) determined by the Secretary to have delivered at least
250 metric tons of pollock for processing by motherships in the
offshore component of the directed pollock fishery in any one
of the years 1996 or 1997, or between January 1, 1998 and
September 1, 1998;
"(B) eligible to harvest pollock in the directed pollock
fishery under the license limitation program recommended by the
North Pacific Council and approved by the Secretary; and
"(C) not listed in subsection (b).
"(d) Motherships. - Effective January 1, 2000, only the following
motherships shall be eligible to process the directed fishing
allowance under section 206(b)(3) pursuant to a federal fishing
permit:
"(1) EXCELLENCE (United States official number 967502);
"(2) GOLDEN ALASKA (United States official number 651041); and
"(3) OCEAN PHOENIX (United States official number 296779).
"(e) Catcher/Processors. - Effective January 1, 1999, only the
following catcher/processors shall be eligible to harvest the
directed fishing allowance under section 206(b)(2) pursuant to a
federal fishing permit:
"(1) AMERICAN DYNASTY (United States official number 951307);
"(2) KATIE ANN (United States official number 518441);
"(3) AMERICAN TRIUMPH (United States official number 646737);
"(4) NORTHERN EAGLE (United States official number 506694);
"(5) NORTHERN HAWK (United States official number 643771);
"(6) NORTHERN JAEGER (United States official number 521069);
"(7) OCEAN ROVER (United States official number 552100);
"(8) ALASKA OCEAN (United States official number 637856);
"(9) ENDURANCE (United States official number 592206);
"(10) AMERICAN ENTERPRISE (United States official number
594803);
"(11) ISLAND ENTERPRISE (United States official number 610290);
"(12) KODIAK ENTERPRISE (United States official number 579450);
"(13) SEATTLE ENTERPRISE (United States official number
904767);
"(14) US ENTERPRISE (United States official number 921112);
"(15) ARCTIC STORM (United States official number 903511);
"(16) ARCTIC FJORD (United States official number 940866);
"(17) NORTHERN GLACIER (United States official number 663457);
"(18) PACIFIC GLACIER (United States official number 933627);
"(19) HIGHLAND LIGHT (United States official number 577044);
"(20) STARBOUND (United States official number 944658); and
"(21) any catcher/processor not listed in this subsection and
determined by the Secretary to have harvested more than 2,000
metric tons of the pollock in the 1997 directed pollock fishery
and determined to be eligible to harvest pollock in the directed
pollock fishery under the license limitation program recommended
by the North Pacific Council and approved by the Secretary,
except that catcher/processors eligible under this paragraph
shall be prohibited from harvesting in the aggregate a total of
more than one-half (0.5) of a percent of the pollock apportioned
for the directed pollock fishery under section 206(b)(2).
Notwithstanding section 213(a), failure to satisfy the requirements
of section 4(a) of the Commercial Fishing Industry Vessel
Anti-Reflagging Act of 1987 (Public Law 100-239; 46 U.S.C. 12108
note) shall not make a catcher/processor listed under this
subsection ineligible for a fishery endorsement.
"(f) Shoreside Processors. - (1) Effective January 1, 2000 and
except as provided in paragraph (2), the catcher vessels eligible
under subsection (a) may deliver pollock harvested from the
directed fishing allowance under section 206(b)(1) only to -
"(A) shoreside processors (including vessels in a single
geographic location in Alaska State waters) determined by the
Secretary to have processed more than 2,000 metric tons
round-weight of pollock in the inshore component of the directed
pollock fishery during each of 1996 and 1997; and
"(B) shoreside processors determined by the Secretary to have
processed pollock in the inshore component of the directed
pollock fishery in 1996 or 1997, but to have processed less than
2,000 metric tons round-weight of such pollock in each year,
except that effective January 1, 2000, each such shoreside
processor may not process more than 2,000 metric tons
round-weight from such directed fishing allowance in any year.
"(2) Upon recommendation by the North Pacific Council, the
Secretary may approve measures to allow catcher vessels eligible
under subsection (a) to deliver pollock harvested from the directed
fishing allowance under section 206(b)(1) to shoreside processors
not eligible under paragraph (1) if the total allowable catch for
pollock in the Bering Sea and Aleutian Islands Management Area
increases by more than 10 percent above the total allowable catch
in such fishery in 1997, or in the event of the actual total loss
or constructive total loss of a shoreside processor eligible under
paragraph (1)(A).
"(g) Replacement Vessels. - In the event of the actual total loss
or constructive total loss of a vessel eligible under subsections
(a), (b), (c), (d), or (e), the owner of such vessel may replace
such vessel with a vessel which shall be eligible in the same
manner under that subsection as the eligible vessel, provided that
-
"(1) such loss was caused by an act of God, an act of war, a
collision, an act or omission of a party other than the owner or
agent of the vessel, or any other event not caused by the willful
misconduct of the owner or agent;
"(2) the replacement vessel was built in the United States and
if ever rebuilt, was rebuilt in the United States;
"(3) the fishery endorsement for the replacement vessel is
issued within 36 months of the end of the last year in which the
eligible vessel harvested or processed pollock in the directed
pollock fishery;
"(4) if the eligible vessel is greater than 165 feet in
registered length, of more than 750 gross registered tons (as
measured under chapter 145 of title 46 [United States Code]) or
1,900 gross registered tons [(]as measured under chapter 143 of
that title), or has engines capable of producing more than 3,000
shaft horsepower, the replacement vessel is of the same or lesser
registered length, gross registered tons, and shaft horsepower;
"(5) if the eligible vessel is less than 165 feet in registered
length, of fewer than 750 gross registered tons, and has engines
incapable of producing less than 3,000 shaft horsepower, the
replacement vessel is less than each of such thresholds and does
not exceed by more than 10 percent the registered length, gross
registered tons or shaft horsepower of the eligible vessel; and
"(6) the replacement vessel otherwise qualifies under federal
law for a fishery endorsement, including under section 12102(c)
of title 46, United States Code, as amended by this Act.
"(h) Eligibility During Implementation. - In the event the
Secretary is unable to make a final determination about the
eligibility of a vessel under subsection (b)(8) or subsection
(e)(21) before January 1, 1999, or a vessel or shoreside processor
under subsection (a), subsection (c)(21), or subsection (f) before
January 1, 2000, such vessel or shoreside processor, upon the
filing of an application for eligibility, shall be eligible to
participate in the directed pollock fishery pending final
determination by the Secretary with respect to such vessel or
shoreside processor.
"(i) Eligibility Not a Right. - Eligibility under this section
shall not be construed -
"(1) to confer any right of compensation, monetary or
otherwise, to the owner of any catcher vessel, catcher/processor,
mothership, or shoreside processor if such eligibility is revoked
or limited in any way, including through the revocation or
limitation of a fishery endorsement or any federal permit or
license;
"(2) to create any right, title, or interest in or to any fish
in any fishery; or
"(3) to waive any provision of law otherwise applicable to such
catcher vessel, catcher/processor, mothership, or shoreside
processor.

"SEC. 209. LIST OF INELIGIBLE VESSELS.
"Effective December 31, 1998, the following vessels shall be
permanently ineligible for fishery endorsements, and any claims
(including relating to catch history) associated with such vessels
that could qualify any owners of such vessels for any present or
future limited access system permit in any fishery within the
exclusive economic zone of the United States (including a vessel
moratorium permit or license limitation program permit in fisheries
under the authority of the North Pacific Council) are hereby
extinguished:
"(1) AMERICAN EMPRESS (United States official number 942347);
"(2) PACIFIC SCOUT (United States official number 934772);
"(3) PACIFIC EXPLORER (United States official number 942592);
"(4) PACIFIC NAVIGATOR (United States official number 592204);
"(5) VICTORIA ANN (United States official number 592207);
"(6) ELIZABETH ANN (United States official number 534721);
"(7) CHRISTINA ANN (United States official number 653045);
"(8) REBECCA ANN (United States official number 592205); and
"(9) BROWNS POINT (United States official number 587440).

"SEC. 210. FISHERY COOPERATIVE LIMITATIONS.
"(a) Public Notice. - (1) Any contract implementing a fishery
cooperative under section 1 of the Act of June 25, 1934 (15 U.S.C.
521) in the directed pollock fishery and any material modifications
to any such contract shall be filed not less than 30 days prior to
the start of fishing under the contract with the North Pacific
Council and with the Secretary, together with a copy of a letter
from a party to the contract requesting a business review letter on
the fishery cooperative from the Department of Justice and any
response to such request. Notwithstanding section 402 of the
Magnuson-Stevens Act (16 U.S.C. 1881a) or any other provision of
law, but taking into account the interest of parties to any such
contract in protecting the confidentiality of proprietary
information, the North Pacific Council and Secretary shall -
"(A) make available to the public such information about the
contract, contract modifications, or fishery cooperative the
North Pacific Council and Secretary deem appropriate, which at a
minimum shall include a list of the parties to the contract, a
list of the vessels involved, and the amount of pollock and other
fish to be harvested by each party to such contract; and
"(B) make available to the public in such manner as the North
Pacific Council and Secretary deem appropriate information about
the harvest by vessels under a fishery cooperative of all species
(including bycatch) in the directed pollock fishery on a
vessel-by-vessel basis.
"(b) Catcher Vessels Onshore. -
"(1) Catcher vessel cooperatives. - Effective January 1, 2000,
upon the filing of a contract implementing a fishery cooperative
under subsection (a) which -
"(A) is signed by the owners of 80 percent or more of the
qualified catcher vessels that delivered pollock for processing
by a shoreside processor in the directed pollock fishery in the
year prior to the year in which the fishery cooperative will be
in effect; and
"(B) specifies, except as provided in paragraph (6), that
such catcher vessels will deliver pollock in the directed
pollock fishery only to such shoreside processor during the
year in which the fishery cooperative will be in effect and
that such shoreside processor has agreed to process such
pollock,
the Secretary shall allow only such catcher vessels (and catcher
vessels whose owners voluntarily participate pursuant to paragraph
(2)) to harvest the aggregate percentage of the directed fishing
allowance under section 206(b)(1) in the year in which the fishery
cooperative will be in effect that is equivalent to the aggregate
total amount of pollock harvested by such catcher vessels (and by
such catcher vessels whose owners voluntarily participate pursuant
to paragraph (2)) in the directed pollock fishery for processing by
the inshore component during 1995, 1996, and 1997 relative to the
aggregate total amount of pollock harvested in the directed pollock
fishery for processing by the inshore component during such years
and shall prevent such catcher vessels (and catcher vessels whose
owners voluntarily participate pursuant to paragraph (2)) from
harvesting in aggregate in excess of such percentage of such
directed fishing allowance.
"(2) Voluntary participation. - Any contract implementing a
fishery cooperative under paragraph (1) must allow the owners of
other qualified catcher vessels to enter into such contract after
it is filed and before the calender year in which fishing will
begin under the same terms and conditions as the owners of the
qualified catcher vessels who entered into such contract upon
filing.
"(3) Qualified catcher vessel. - For the purposes of this
subsection, a catcher vessel shall be considered a 'qualified
catcher vessel' if, during the year prior to the year in which
the fishery cooperative will be in effect, it delivered more
pollock to the shoreside processor to which it will deliver
pollock under the fishery cooperative in paragraph (1) than to
any other shoreside processor.
"(4) Consideration of certain vessels. - Any contract
implementing a fishery cooperative under paragraph (1) which has
been entered into by the owner of a qualified catcher vessel
eligible under section 208(a) that harvested pollock for
processing by catcher/processors or motherships in the directed
pollock fishery during 1995, 1996, and 1997 shall, to the extent
practicable, provide fair and equitable terms and conditions for
the owner of such qualified catcher vessel.
"(5) Open access. - A catcher vessel eligible under section
208(a) the catch history of which has not been attributed to a
fishery cooperative under paragraph (1) may be used to deliver
pollock harvested by such vessel from the directed fishing
allowance under section 206(b)(1) (other than pollock reserved
under paragraph (1) for a fishery cooperative) to any of the
shoreside processors eligible under section 208(f). A catcher
vessel eligible under section 208(a) the catch history of which
has been attributed to a fishery cooperative under paragraph (1)
during any calendar year may not harvest any pollock apportioned
under section 206(b)(1) in such calendar year other than the
pollock reserved under paragraph (1) for such fishery
cooperative.
"(6) Transfer of cooperative harvest. - A contract implementing
a fishery cooperative under paragraph (1) may, notwithstanding
the other provisions of this subsection, provide for up to 10
percent of the pollock harvested under such cooperative to be
processed by a shoreside processor eligible under section 208(f)
other than the shoreside processor to which pollock will be
delivered under paragraph (1).
"(c) Catcher Vessels to Catcher/Processors. - Effective January
1, 1999, not less than 8.5 percent of the directed fishing
allowance under section 206(b)(2) shall be available for harvest
only by the catcher vessels eligible under section 208(b). The
owners of such catcher vessels may participate in a fishery
cooperative with the owners of the catcher/processors eligible
under paragraphs (1) through (20) of the section 208(e). The owners
of such catcher vessels may participate in a fishery cooperative
that will be in effect during 1999 only if the contract
implementing such cooperative establishes penalties to prevent such
vessels from exceeding in 1999 the traditional levels harvested by
such vessels in all other fisheries in the exclusive economic zone
of the United States.
"(d) Catcher Vessels to Motherships. -
"(1) Processing. - Effective January 1, 2000, the authority in
section 1 of the Act of June 25, 1934 (48 Stat. 1213 and 1214; 15
U.S.C. 521 et seq.) shall extend to processing by motherships
eligible under section 208(d) solely for the purposes of forming
or participating in a fishery cooperative in the directed pollock
fishery upon the filing of a contract to implement a fishery
cooperative under subsection (a) which has been entered into by
the owners of 80 percent or more of the catcher vessels eligible
under section 208(c) for the duration of such contract, provided
that such owners agree to the terms of the fishery cooperative
involving processing by the motherships.
"(2) Voluntary participation. - Any contract implementing a
fishery cooperative described in paragraph (1) must allow the
owners of any other catcher vessels eligible under section 208(c)
to enter such contract after it is filed and before the calendar
year in which fishing will begin under the same terms and
conditions as the owners of the catcher vessels who entered into
such contract upon filing.
"(e) Excessive Shares. -
"(1) Harvesting. - No particular individual, corporation, or
other entity may harvest, through a fishery cooperative or
otherwise, a total of more than 17.5 percent of the pollock
available to be harvested in the directed pollock fishery.
"(2) Processing. - Under the authority of section 301(a)(4) of
the Magnuson-Stevens Act (16 U.S.C. 1851(a)(4)), the North
Pacific Council is directed to recommend for approval by the
Secretary conservation and management measures to prevent any
particular individual or entity from processing an excessive
share of the pollock available to be harvested in the directed
pollock fishery. In the event the North Pacific Council
recommends and the Secretary approves an excessive processing
share that is lower than 17.5 percent, any individual or entity
that previously processed a percentage greater than such share
shall be allowed to continue to process such percentage, except
that their percentage may not exceed 17.5 percent (excluding
pollock processed by catcher/processors that was harvested in the
directed pollock fishery by catcher vessels eligible under
208(b)) and shall be reduced if their percentage decreases, until
their percentage is below such share. In recommending the
excessive processing share, the North Pacific Council shall
consider the need of catcher vessels in the directed pollock
fishery to have competitive buyers for the pollock harvested by
such vessels.
"(3) Review by maritime administration. - At the request of the
North Pacific Council or the Secretary, any individual or entity
believed by such Council or the Secretary to have exceeded the
percentage in either paragraph (1) or (2) shall submit such
information to the Administrator of the Maritime Administration
as the Administrator deems appropriate to allow the Administrator
to determine whether such individual or entity has exceeded
either such percentage. The Administrator shall make a finding as
soon as practicable upon such request and shall submit such
finding to the North Pacific Council and the Secretary. For the
purposes of this subsection, any entity in which 10 percent or
more of the interest is owned or controlled by another individual
or entity shall be considered to be the same entity as the other
individual or entity.
"(f) Landing Tax Jurisdiction. - Any contract filed under
subsection (a) shall include a contract clause under which the
parties to the contract agree to make payments to the State of
Alaska for any pollock harvested in the directed pollock fishery
which is not landed in the State of Alaska, in amounts which would
otherwise accrue had the pollock been landed in the State of Alaska
subject to any landing taxes established under Alaska law. Failure
to include such a contract clause or for such amounts to be paid
shall result in a revocation of the authority to form fishery
cooperatives under section 1 of the Act of June 25, 1934 (15 U.S.C.
521 et seq.).
"(g) Penalties. - The violation of any of the requirements of
this subtitle or any regulation or permit issued pursuant to this
subtitle shall be considered the commission of an act prohibited by
section 307 of the Magnuson-Stevens Act (16 U.S.C. 1857), and
sections 308, 309, 310, and 311 of such Act (16 U.S.C. 1858, 1859,
1860, and 1861) shall apply to any such violation in the same
manner as to the commission of an act prohibited by section 307 of
such Act (16 U.S.C. 1857). In addition to the civil penalties and
permit sanctions applicable to prohibited acts under section 308 of
such Act (16 U.S.C. 1858), any person who is found by the
Secretary, after notice and an opportunity for a hearing in
accordance with section 554 of title 5, United States Code, to have
violated a requirement of this section shall be subject to the
forfeiture to the Secretary of Commerce of any fish harvested or
processed during the commission of such act.

"SEC. 211. PROTECTIONS FOR OTHER FISHERIES; CONSERVATION
MEASURES.
"(a) General. - The North Pacific Council shall recommend for
approval by the Secretary such conservation and management measures
as it determines necessary to protect other fisheries under its
jurisdiction and the participants in those fisheries, including
processors, from adverse impacts caused by this Act [probably
should be "this title", see Tables for classification] or fishery
cooperatives in the directed pollock fishery.
"(b) Catcher/Processor Restrictions. -
"(1) General. - The restrictions in this subsection shall take
effect on January 1, 1999 and shall remain in effect thereafter
except that they may be superceded (with the exception of
paragraph (4)) by conservation and management measures
recommended after the date of the enactment of this Act [Oct. 21,
1998] by the North Pacific Council and approved by the Secretary
in accordance with the Magnuson-Stevens Act.
"(2) Bering sea fishing. - The catcher/processors eligible
under paragraphs (1) through (20) of section 208(e) are hereby
prohibited from, in the aggregate -
"(A) exceeding the percentage of the harvest available in the
offshore component of any Bering Sea and Aleutian Islands
groundfish fishery (other than the pollock fishery) that is
equivalent to the total harvest by such catcher/processors and
the catcher/processors listed in section 209 in the fishery in
1995, 1996, and 1997 relative to the total amount available to
be harvested by the offshore component in the fishery in 1995,
1996, and 1997;
"(B) exceeding the percentage of the prohibited species
available in the offshore component of any Bering Sea and
Aleutian Islands groundfish fishery (other than the pollock
fishery) that is equivalent to the total of the prohibited
species harvested by such catcher/processors and the
catcher/processors listed in section 209 in the fishery in
1995, 1996, and 1997 relative to the total amount of prohibited
species available to be harvested by the offshore component in
the fishery in 1995, 1996, and 1997; and
"(C) fishing for Atka mackerel in the eastern area of the
Bering Sea and Aleutian Islands and from exceeding the
following percentages of the directed harvest available in the
Bering Sea and Aleutian Islands Atka mackerel fishery -
"(i) 11.5 percent in the central area; and
"(ii) 20 percent in the western area.
"(3) Bering sea processing. - The catcher/processors eligible
under paragraphs (1) through (20) of section 208(e) are hereby
prohibited from -
"(A) processing any of the directed fishing allowances under
paragraphs (1) or (3) of section 206(b); and
"(B) processing any species of crab harvested in the Bering
Sea and Aleutian Islands Management Area.
"(4) Gulf of alaska. - The catcher/processors eligible under
paragraphs (1) through (20) of section 208(e) are hereby
prohibited from -
"(A) harvesting any fish in the Gulf of Alaska;
"(B) processing any groundfish harvested from the portion of
the exclusive economic zone off Alaska known as area 630 under
the fishery management plan for Gulf of Alaska groundfish; or
"(C) processing any pollock in the Gulf of Alaska (other than
as bycatch in non-pollock groundfish fisheries) or processing,
in the aggregate, a total of more than 10 percent of the cod
harvested from areas 610, 620, and 640 of the Gulf of Alaska
under the fishery management plan for Gulf of Alaska
groundfish.
"(5) Fisheries other than north pacific. - The
catcher/processors eligible under paragraphs (1) through (20) of
section 208(e) and motherships eligible under section 208(d) are
hereby prohibited from harvesting fish in any fishery under the
authority of any regional fishery management council established
under section 302(a) of the Magnuson-Stevens Act (16 U.S.C.
1852(a)) other than the North Pacific Council, except for the
Pacific whiting fishery, and from processing fish in any fishery
under the authority of any such regional fishery management
council other than the North Pacific Council, except in the
Pacific whiting fishery, unless the catcher/processor or
mothership is authorized to harvest or process fish under a
fishery management plan recommended by the regional fishery
management council of jurisdiction and approved by the Secretary.
"(6) Observers and scales. - The catcher/processors eligible
under paragraphs (1) through (20) of section 208(e) shall -
"(A) have two observers onboard at all times while groundfish
is being harvested, processed, or received from another vessel
in any fishery under the authority of the North Pacific
Council; and
"(B) weigh its catch on a scale onboard approved by the
National Marine Fisheries Service while harvesting groundfish
in fisheries under the authority of the North Pacific Council.
This paragraph shall take effect on January 1, 1999 for
catcher/processors eligible under paragraphs (1) through (20) of
section 208(e) that will harvest pollock allocated under section
206(a) in 1999, and shall take effect on January 1, 2000 for all
other catcher/processors eligible under such paragraphs of
section 208(e).
"(c) Catcher Vessel and Shoreside Processor Restrictions. -
"(1) Required council recommendations. - By not later than July
1, 1999, the North Pacific Council shall recommend for approval
by the Secretary conservation and management measures to -
"(A) prevent the catcher vessels eligible under subsections
(a), (b), and (c) of section 208 from exceeding in the
aggregate the traditional harvest levels of such vessels in
other fisheries under the authority of the North Pacific
Council as a result of fishery cooperatives in the directed
pollock fishery; and
"(B) protect processors not eligible to participate in the
directed pollock fishery from adverse effects as a result of
this Act or fishery cooperatives in the directed pollock
fishery.
If the North Pacific Council does not recommend such conservation
and management measures by such date, or if the Secretary
determines that such conservation and management measures
recommended by the North Pacific Council are not adequate to
fulfill the purposes of this paragraph, the Secretary may by
regulation restrict or change the authority in section 210(b) to
the extent the Secretary deems appropriate, including by
preventing fishery cooperatives from being formed pursuant to
such section and by providing greater flexibility with respect to
the shoreside processor or shoreside processors to which catcher
vessels in a fishery cooperative under section 210(b) may deliver
pollock.
"(2) Bering sea crab and groundfish. -
"(A) Effective January 1, 2000, the owners of the motherships
eligible under section 208(d) and the shoreside processors
eligible under section 208(f) that receive pollock from the
directed pollock fishery under a fishery cooperative are hereby
prohibited from processing, in the aggregate for each calendar
year, more than the percentage of the total catch of each
species of crab in directed fisheries under the jurisdiction of
the North Pacific Council than facilities operated by such
owners processed of each such species in the aggregate, on
average, in 1995, 1996, 1997. For the purposes of this
subparagraph, the term 'facilities' means any processing plant,
catcher/processor, mothership, floating processor, or any other
operation that processes fish. Any entity in which 10 percent
or more of the interest is owned or controlled by another
individual or entity shall be considered to be the same entity
as the other individual or entity for the purposes of this
subparagraph.
"(B) Under the authority of section 301(a)(4) of the
Magnuson-Stevens Act (16 U.S.C. 1851(a)(4)), the North Pacific
Council is directed to recommend for approval by the Secretary
conservation and management measures to prevent any particular
individual or entity from harvesting or processing an excessive
share of crab or of groundfish in fisheries in the Bering Sea
and Aleutian Islands Management Area.
"(C) The catcher vessels eligible under section 208(b) are
hereby prohibited from participating in a directed fishery for
any species of crab in the Bering Sea and Aleutian Islands
Management Area unless the catcher vessel harvested crab in the
directed fishery for that species of crab in such Area during
1997 and is eligible to harvest such crab in such directed
fishery under the license limitation program recommended by the
North Pacific Council and approved by the Secretary. The North
Pacific Council is directed to recommend measures for approval
by the Secretary to eliminate latent licenses under such
program, and nothing in this subparagraph shall preclude the
Council from recommending measures more restrictive than underthis paragraph. (continued)