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Code · BILL · 117th Congress · H.R. 59 (Introduced in House) — To amend the Magnuson-Stevens Fishery Conservation and Management Act to provide flexibility for fishery managers and... · Sec. 406

Sec. 406. Reallocation of certain unused harvest allocation

717 words·~3 min read·/bill/117/hr/59/ih/section-406

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Notwithstanding any other provision of law, each year upon receipt by the Secretary of Commerce (referred to in this section as the Secretary ) of written notice from the allocation holder named in section 803 of division B of the Consolidated Appropriations Act, 2004 ( Public Law 108–199 , 16 U.S.C. 1851 note) that such holder will not harvest all or a part of the allocation authorized pursuant to that Act, the Secretary shall reallocate for that year the unused portion of such allocation to the Bering Sea subarea of the BSAI (as defined in section 679.2 of title 50, Code of Federal Regulations) and shall assign the reallocated unused portion of the allocation only to eligible vessels as described in subsection (b)(1) for harvest in the Bering Sea subarea of the BSAI, consistent with any agreements as described in subsection (c).
Only vessels defined in subsection (a), (b), (c), or
(e)of section 208 of the American Fisheries Act ( 16 U.S.C. 1851 note), or any vessels authorized to replace such vessels, may receive a reallocation described in subsection (a). The Secretary shall not reallocate the allocation described in subsection
(a)in any year if such reallocation exceeds the annual catch limit for pollock in the Bering Sea subarea of the BSAI. Any amount of the reallocation described in subsection
(a)shall not be used in the calculation of harvesting or processing excessive shares as described in section 210(e) of the American Fisheries Act ( 16 U.S.C. 1851 note). In any year, the assignment, transfer, or reallocation shall not violate the requirements of section 206(b) of the American Fisheries Act (title II of the division C of Public Law 105–277 ; 16 U.S.C. 1851 note). Each year, the allocation holder named in section 803(a) of division B of the Consolidated Appropriations Act, 2004 ( Public Law 108–199 , 16 U.S.C. 1851 note) may establish one or more agreements with the owners of some or all of the eligible vessels as defined in subsection (b)(1). Each agreement described in paragraph (1)— shall specify those eligible vessels that may receive a reallocation and the amount of reallocation that such vessels may receive in accordance with subsection (b)(2); and may contain other requirements or compensation agreed to by the allocation holder named in section 803 of division B of the Consolidated Appropriations Act, 2004 ( Public Law 108–199 , 16 U.S.C. 1851 note) and the owners of such eligible vessels, provided such requirements or compensation are otherwise consistent with the American Fisheries Act ( 16 U.S.C. 1851 note), the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq.), and any other applicable law. Except for the measures required by this section, nothing in this section shall be construed to limit the authority of the North Pacific Fishery Management Council or the Secretary under the American Fisheries Act ( 16 U.S.C. 1851 note), the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq.), or other applicable law. Taking or processing any part of the allocation made by section 803 of division B of the Consolidated Appropriations Act, 2004 ( Public Law 108–199 , 16 U.S.C. 1851 note), and reallocated under this section in a manner that is not consistent with the reallocation authorized by the Secretary 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 subject to the forfeiture of any fish harvested or processed. Subsection
(c)of section 803 of division B of the Consolidated Appropriations Act, 2004 ( Public Law 108–199 , 16 U.S.C. 1851 note) is amended by striking during the years 2004 through 2008 . Consistent with subsection
(d)of section 803 of division B of the Consolidated Appropriations Act, 2004 ( Public Law 108–199 , 16 U.S.C. 1851 note), the reallocation of the unused portion of the allocation provided to the allocation holder named in subsection
(a)of such section for harvest in the Bering Sea subarea of the BSAI is for the purposes of economic development in Adak, Alaska pursuant to the requirements of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq.).
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  • Pub. L. 108-199
  • Pub. L. 105-277
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cites case law
Sec. 406
Reallocation of certain unused harvest allocation
U.S.C.§ 1851
U.S.C.§ 1801
U.S.C.§ 1857
U.S.C.§ 1858
Pub. L.Pub. L. 108-199
Pub. L.Pub. L. 105-277
Cites 6Cited by 0 across 0 sources
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