Sec. 406. Reallocation of certain unused harvest allocation
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Effective January 1, 2018, and thereafter annually, if the Regional Administrator receives receipt of written notice that the allocation holder named in section 803 of the Consolidated Appropriations Act, 2004 ( Public Law 108–199 , 16 U.S.C. 1851 note), will not harvest some or all of the Aleutian Islands directed pollock, the Regional Administrator, as soon as practicable, shall— if the allocation as designated in section 803 of the Consolidated Appropriations Act, 2004 does not exceed the total allowable catch for the Bering Sea subarea, reallocate the projected unused Aleutian Islands directed pollock to the Bering Sea subarea for harvest by the allocation holder named in section 803 of the Consolidated Appropriations Act, 2004; or if the allocation exceeds the total allowable catch for the Bering Sea subarea, reallocate a portion of the allocation, up to the total allowable catch for the Bering Sea Subarea.
The allocation shall be provided to the Aleut Corporation for the purposes of economic development in Adak, Alaska, pursuant to the requirement of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq.). For the purposes of this section: the allocation holder described in subsection
(a)shall retain control of the allocation referenced in such subsection, including such portions of the allocation that may be reallocated pursuant to this section; and the allocations in section 206(b) of the American Fisheries Act ( 16 U.S.C. 1851 note) apply to the Bering Sea portion of the directed pollock fishery and not to the allocation holder under section 803 of the Consolidated Appropriations Act, 2004. The Aleut Corporation will provide written consent for other vessels to take or process the allocation, a physical copy of which must be present on the vessel. The North Pacific Fishery Management Council, in consultation with the National Marine Fisheries Service, shall modify all applicable regulations and management plans so that the allocation holder named in section 803 of the Consolidated Appropriations Act, 2004, may harvest the reallocated Aleutian Islands directed pollock fishery in the Bering Sea subarea as soon as practicable. The National Marine Fisheries Service, in consultation with the North Pacific Fishery Management Council, shall manage the Aleutian Islands directed pollock fishery to ensure compliance with the implementing statute and with the annual harvest specifications. Taking or processing any part of the allocation made by section 803 of the Consolidated Appropriations Act, 2004, and reallocated under this section without the consent required under subsection
(c)shall be considered in violation of section 307 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1857 ) and subject to the penalties and sanctions under section 308 of such Act ( 16 U.S.C. 1858 ), and any fish harvested or processed under such taking or possessing shall be subject to forfeiture.
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- Pub. L. 108-199
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Sec. 406
Reallocation of certain unused harvest allocation
Pub. L.Pub. L. 108-199
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