A bill to amend title 46, United States Code, to modify the vessels eligible for a fishery endorsement, and for other purposes.

        [Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1124 Introduced in Senate (IS)]

111th CONGRESS
1st Session
S. 1124

To amend title 46, United States Code, to modify the vessels eligible
for a fishery endorsement, and for other purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

May 21, 2009

Mrs. Murray introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

A BILL

To amend title 46, United States Code, to modify the vessels eligible
for a fishery endorsement, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. VESSEL SIZE LIMITS FOR FISHERY ENDORSEMENTS.

(a) Length, Tonnage, and Horsepower.--Section 12113(d)(2) of title
46, United States Code, is amended--
(1) in subparagraph (A)--
(A) in clause (i), by adding ``and'' at the end;
(B) in clause (ii) by striking ``and'' at the end;
and
(C) by striking clause (iii);
(2) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(C) the vessel is either a rebuilt vessel or a
replacement vessel under section 208(g) of the American
Fisheries Act (title II of division C of Public Law
105-277; 112 Stat. 2681-627) and is eligible for a
fishery endorsement under this section.''.
(b) Conforming Amendments.--
(1) Vessel rebuilding and replacement.--Subsection (g) of
section 208 of the American Fisheries Act (title II of division
C of Public Law 105-277; 112 Stat. 2681-627) is amended to read
as follows:
``(g) Vessel Rebuilding and Replacement.--
``(1) In general.--
``(A) 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 this subsection and
except as provided in paragraph (4), the owner of a
vessel eligible under subsection (a), (b), (c), (d), or
(e) (other than paragraph (21)), 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.
``(B) 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.
``(C) 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.
``(2) Recommendations of north pacific council.--The North
Pacific 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 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.
``(3) Special rule for replacement of certain vessels.--
``(A) 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), (d), or (e)
(other than paragraph (21)) and that qualifies to be
documented with a fishery endorsement pursuant to
section 203(g) or 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 203(g) or 213(g) before
the replacement vessel is documented with a fishery
endorsement under section 12113 of title 46, United
States Code.
``(B) Applicability.--A replacement vessel under
subparagraph (A) and its owner and mortgagee are
subject to the same limitations under section 203(g) or
213(g) that are applicable to the vessel that has been
replaced and its owner and mortgagee.
``(4) Special rules for certain catcher vessels.--
``(A) 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 Council) established under section 302(a)
of the Magnuson-Stevens Act.
``(B) Covered vessels.--A covered vessel referred
to in subparagraph (A) is--
``(i) a vessel eligible under subsection
(a), (b), or (c) that is replaced under
paragraph (1); or
``(ii) a vessel eligible under subsection
(a), (b), or (c) that is rebuilt to increase
its registered length, gross tonnage, or shaft
horsepower.
``(5) 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).
``(6) 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 this
subsection.
``(7) 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.''.
(2) Exemption of certain vessels.--Section 203(g) of the
American Fisheries Act (title II of division C of Public Law
105-277; 112 Stat. 2681-620) is amended--
(A) by inserting ``and'' after ``(United States
official number 651041)'';
(B) by striking ``, NORTHERN TRAVELER (United
States official number 635986), and NORTHERN VOYAGER
(United States official number 637398) (or a
replacement vessel for the NORTHERN VOYAGER that
complies with paragraphs (2), (5), and (6) of section
208(g) of this Act)''; and
(C) by striking ``, in the case of the NORTHERN''
and all that follows through ``PHOENIX,''.
(3) Fishery cooperative exit provisions.--Section 210(b) of
the American Fisheries Act (title II of division C of Public
Law 105-277; 112 Stat. 2681-629) is amended--
(A) by moving the matter beginning with ``the
Secretary shall'' in paragraph (1) 2 ems to the right;
and
(B) by adding at the end the following:
``(7) Fishery cooperative exit provisions.--
``(A) Fishing allowance determination.--For
purposes of determining the aggregate percentage of
directed fishing allowances under paragraph (1), when a
catcher vessel is removed from the directed pollock
fishery, the fishery allowance for pollock for the
vessel being removed--
``(i) shall be based on the catch history
determination for the vessel made pursuant to
section 679.62 of title 50, Code of Federal
Regulations, as in effect on the date of
enactment of this paragraph; and
``(ii) shall be assigned, for all purposes
under this title, in the manner specified by
the owner of the vessel being removed to any
other catcher vessel or among other catcher
vessels participating in the fishery
cooperative if such vessel or vessels remain in
the fishery cooperative for at least one year
after the date on which the vessel being
removed leaves the directed pollock fishery.
``(B) Eligibility for fishery endorsement.--Except
as provided in subparagraph (C), a vessel that is
removed pursuant to this paragraph shall be permanently
ineligible for a fishery endorsement, and any claim
(including relating to catch history) associated with
such vessel that could qualify any owner of such vessel
for any permit to participate in any fishery within the
exclusive economic zone of the United States shall be
extinguished, unless such removed vessel is thereafter
designated to replace a vessel to be removed pursuant
to this paragraph.
``(C) Limitations on statutory construction.--
Nothing in this paragraph shall be construed--
``(i) to make the vessels AJ (United States
official number 905625), DONA MARTITA (United
States official number 651751), NORDIC EXPLORER
(United States official number 678234), and
PROVIDIAN (United States official number
1062183) ineligible for a fishery endorsement
or any permit necessary to participate in any
fishery under the authority of the New England
Fishery Management Council or the Mid-Atlantic
Fishery Management Council established,
respectively, under subparagraphs (A) and (B)
of section 302(a)(1) of the Magnuson-Stevens
Act; or
``(ii) to allow the vessels referred to in
clause (i) to participate in any fishery under
the authority of the Councils referred to in
clause (i) in any manner that is not consistent
with the fishery management plan for the
fishery developed by the Councils under section
303 of the Magnuson-Stevens Act.''.
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