§ 208. ELIGIBLE VESSELS AND PROCESSORS.
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Catcher Vessels Onshore .— Effective January 1, 2000 , only catcher vessels which are— determined by the Secretary— to have delivered at least 250 metric tons of pollock; or 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 ; 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 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.
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: AMERICAN CHALLENGER (United States official number 633219); FORUM STAR (United States official number 925863); MUIR MILACH (United States official number 611524); NEAHKAHNIE (United States official number 599534); OCEAN HARVESTER (United States official number 549892);
SEA STORM (United States official number 628959); TRACY ANNE (United States official number 904859); and any catcher vessel— 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 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.
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: ALEUTIAN CHALLENGER (United States official number 603820); ALYESKA (United States official number 560237); AMBER DAWN (United States official number 529425); AMERICAN BEAUTY (United States official number 613847); CALIFORNIA HORIZON (United States official number 590758);
MAR-GUN (United States official number 525608); MARGARET LYN (United States official number 615563); MARK I (United States official number 509552); MISTY DAWN (United States official number 926647); NORDIC FURY (United States official number 542651); OCEAN LEADER (United States official number 561518); OCEANIC (United States official number 602279); PACIFIC ALLIANCE (United States official number 612084); PACIFIC CHALLENGER (United States official number 518937); PACIFIC FURY (United States official number 561934);
PAPADO II (United States official number 536161); TRAVELER (United States official number 929356); VESTERAALEN (United States official number 611642); WESTERN DAWN (United States official number 524423); and any vessel— 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 ; 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 not listed in subsection (b).
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: EXCELLENCE (United States official number 967502); GOLDEN ALASKA (United States official number 651041); and OCEAN PHOENIX (United States official number 296779). 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:
AMERICAN DYNASTY (United States official number 951307); KATIE ANN (United States official number 518441); AMERICAN TRIUMPH (United States official number 646737); NORTHERN EAGLE (United States official number 506694); NORTHERN HAWK (United States official number 643771); NORTHERN JAEGER (United States official number 521069); OCEAN ROVER (United States official number 552100); ALASKA OCEAN (United States official number 637856); ENDURANCE (United States official number 592206);
AMERICAN ENTERPRISE (United States official number 594803); ISLAND ENTERPRISE (United States official number 610290); KODIAK ENTERPRISE (United States official number 579450); SEATTLE ENTERPRISE (United States official number 904767); US ENTERPRISE (United States official number 921112); ARCTIC STORM (United States official number 903511); ARCTIC FJORD (United States official number 940866); NORTHERN GLACIER (United States official number 663457); PACIFIC GLACIER (United States official number 933627);
HIGHLAND LIGHT (United States official number 577044); STARBOUND (United States official number 944658); and any catcher/processor not listed in this subsection and determined by the Secretary to have harvested more than 2,000 metric tons of the pollock in the 1997 directed pollock fishery and determined to be eligible to harvest pollock in the directed pollock fishery under the license limitation program recommended by the North Pacific Council and approved by the Secretary, except that catcher/processors eligible under this paragraph shall be prohibited from harvesting in the aggregate a total of more than one-half (0.5) of a percent of the pollock apportioned for the directed pollock fishery under section 206(b)(2).
Notwithstanding section 213(a), failure to satisfy the requirements of section 4(a) of the Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987 ( Public Law 100–239 ; 46 U.S.C. 12108 note) [now 46 U.S.C. 12113 note] shall not make a catcher/processor listed under this subsection ineligible for a fishery endorsement. Shoreside Processors .— 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— 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 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. 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). Vessel Rebuilding and Replacement.— In general.— Rebuild or replace .— Notwithstanding any limitation to the contrary on replacing, rebuilding, or lengthening vessels or transferring permits or licenses to a replacement vessel contained in sections 679.2 and 679.4 of title 50, Code of Federal Regulations, as in effect on the date of enactment of the Coast Guard Authorization Act of 2010 [ Oct. 15, 2010 ] and except as provided in paragraph (4), the owner of a vessel eligible under subsection (a), (b), (c), (d), or (e), in order to improve vessel safety and operational efficiencies (including fuel efficiency), may rebuild or replace that vessel (including fuel efficiency) with a vessel documented with a fishery endorsement under section 12113 of title 46 , United States Code. Same requirements .— The rebuilt or replacement vessel shall be eligible in the same manner and subject to the same restrictions and limitations under such subsection as the vessel being rebuilt or replaced. Transfer of permits and licenses .— Each fishing permit and license held by the owner of a vessel or vessels to be rebuilt or replaced under subparagraph
(A)shall be transferred to the rebuilt or replacement vessel or its owner, as necessary to permit such rebuilt or replacement vessel to operate in the same manner as the vessel prior to the rebuilding or the vessel it replaced, respectively. Recommendations of north pacific fishery management council .— The North Pacific Fishery Management Council may recommend for approval by the Secretary such conservation and management measures, including size limits and measures to control fishing capacity, in accordance with the Magnuson-Stevens Act [ 16 U.S.C. 1801 et seq.] as it considers necessary to ensure that this subsection does not diminish the effectiveness of fishery management plans of the Bering Sea and Aleutian Islands Management Area or the Gulf of Alaska. Special rule for replacement of certain vessels.— In general .— Notwithstanding the requirements of subsections (b)(2), (c)(1), and (c)(2) of section 12113 of title 46 , United States Code, a vessel that is eligible under subsection (a), (b), (c), or
(e)and that qualifies to be documented with a fishery endorsement pursuant to section 213(g) may be replaced with a replacement vessel under paragraph
(1)if the vessel that is replaced is validly documented with a fishery endorsement pursuant to section 213(g) before the replacement vessel is documented with a fishery endorsement under section 12113 of title 46 , United States Code. Applicability .— A replacement vessel under subparagraph
(A)and its owner and mortgagee are subject to the same limitations under section 213(g) that are applicable to the vessel that has been replaced and its owner and mortgagee. Special rules for certain catcher vessels.— In general .— A replacement for a covered vessel described in subparagraph
(B)is prohibited from harvesting fish in any fishery (except for the Pacific whiting fishery) managed under the authority of any Regional Fishery Management Council (other than the North Pacific Fishery Management Council) established under section 302(a) of the Magnuson-Stevens Act [ 16 U.S.C. 1852(a) ]. Covered vessels .— A covered vessel referred to in subparagraph
(A)is— a vessel eligible under subsection (a), (b), or
(c)that is replaced under paragraph (1); or a vessel eligible under subsection (a), (b), or
(c)that is rebuilt to increase its registered length, gross tonnage, or shaft horsepower. Limitation on fishery endorsements .— Any vessel that is replaced under this subsection shall thereafter not be eligible for a fishery endorsement under section 12113 of title 46 , United States Code, unless that vessel is also a replacement vessel described in paragraph (1). Gulf of alaska limitation .— Notwithstanding paragraph (1), the Secretary shall prohibit from participation in the groundfish fisheries of the Gulf of Alaska any vessel that is rebuilt or replaced under this subsection and that exceeds the maximum length overall specified on the license that authorizes fishing for groundfish pursuant to the license limitation program under part 679 of title 50, Code of Federal Regulations, as in effect on the date of enactment of the Coast Guard Authorization Act of 2010 [ Oct. 15, 2010 ]. Authority of pacific council .— Nothing in this section shall be construed to diminish or otherwise affect the authority of the Pacific Council to recommend to the Secretary conservation and management measures to protect fisheries under its jurisdiction (including the Pacific whiting fishery) and participants in such fisheries from adverse impacts caused by this Act. 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. Eligibility Not a Right .— Eligibility under this section shall not be construed— 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; to create any right, title, or interest in or to any fish in any fishery; or to waive any provision of law otherwise applicable to such catcher vessel, catcher/processor, mothership, or shoreside processor.
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- Pub. L. 100-239
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§ 208
ELIGIBLE VESSELS AND PROCESSORS.
Pub. L.Pub. L. 100-239
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