been approved by the Secretary and pub-
lished in the Federal Register. 
‘‘(B) FAILURE TO COMPLY WITH PLAN.— 
The Secretary shall deny limited access privi-
leges granted under this section for any person 
who fails to comply with the requirements of 
the plan. 
‘‘(C) PARTICIPATION CRITERIA.—In devel-
oping participation criteria for eligible regional 
fishery associations under this paragraph, a 
Council shall consider— 
‘‘(i) traditional fishing or processing 
practices in, and dependence on, the fish-
ery; 
‘‘(ii) the cultural and social frame-
work relevant to the fishery; 
‘‘(iii) economic barriers to access to 
fishery; 
‘‘(iv) the existence and severity of pro-
jected economic and social impacts associ-
ated with implementation of limited access 
privilege programs on harvesters, captains, 
crew, processors, and other businesses sub-
stantially dependent upon the fishery in 
the region or subregion, upon the adminis-
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trative and fiduciary soundness of the as-
sociation and its by-laws; and 
‘‘(v) the expected effectiveness, oper-
ational transparency, and equitability of 
the fishery association plan. 
‘‘(5) ALLOCATION.—In developing a limited ac-
cess privilege program to harvest fish a Council or 
the Secretary shall— 
‘‘(A) establish procedures to ensure fair 
and equitable initial allocations, including con-
sideration of— 
‘‘(i) current and historical harvests; 
‘‘(ii) employment in the harvesting 
and processing sectors; 
‘‘(iii) investments in, and dependence 
upon, the fishery; and 
‘‘(iv) the current and historical par-
ticipation of fishing communities; 
‘‘(B) to the extent practicable, consider the 
basic cultural and social framework of the fish-
ery, especially through the development of poli-
cies to promote the sustained participation of 
small owner-operated fishing vessels and fishing 
communities that depend on the fisheries, in-
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cluding regional or port-specific landing or de-
livery requirements; 
‘‘(C) include measures to assist, when nec-
essary and appropriate, entry-level and small 
vessel operators, captains, crew, and fishing 
communities through set-asides of harvesting 
allocations, including providing privileges and, 
where appropriate, recommending the provision 
of economic assistance in the purchase of lim-
ited access privileges to harvest fish; 
‘‘(D) ensure that limited access privilege 
holders do not acquire an excessive share of the 
total limited access privileges in the program 
by— 
‘‘(i) establishing a maximum share, 
expressed as a percentage of the total lim-
ited access privileges, that a limited access 
privilege holder is permitted to hold, ac-
quired, or use; and 
‘‘(ii) establishing any other limitations 
or measures necessary to prevent an in-
equitable concentration of limited access 
privileges; 
‘‘(E) establish procedures to address geo-
graphic or other consolidation in both the har-
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vesting and processing sectors of the fishery; 
and 
‘‘(F) authorize limited access privileges to 
harvest fish to be held, acquired, or used by or 
issued under the system to persons who sub-
stantially participate in the fishery, as specified 
by the Council, including, as appropriate, fish-
ing vessel owners, vessel captains, vessel crew 
members, fishing communities, and regional 
fishery associations. 
‘‘(6) PROGRAM INITIATION.— 
‘‘(A) LIMITATION.—Except as provided in 
subparagraph (D), a Council may initiate a 
fishery management plan or amendment to es-
tablish a limited access privilege program to 
harvest fish on its own initiative or if the Sec-
retary has certified an appropriate petition. 
‘‘(B) PETITION.—A group of fishermen 
constituting more than 50 percent of the permit 
holders, or holding more than 50 percent of the 
allocation, in the fishery for which a limited ac-
cess privilege program to harvest fish is sought, 
may submit a petition to the Secretary request-
ing that the relevant Council or Councils with 
authority over the fishery be authorized to ini-
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tiate the development of the program. Any such 
petition shall clearly state the fishery to which 
the limited access privilege program would 
apply. For multispecies permits in the Gulf, 
only those participants who have substantially 
fished the species proposed to be included in the 
limited access program shall be eligible to sign 
a petition for such a program and shall serve 
as the basis for determining the percentage de-
scribed in the first sentence of this subpara-
graph. 
‘‘(C) CERTIFICATION
BY
SECRETARY.— 
Upon the receipt of any such petition, the Sec-
retary shall review all of the signatures on the 
petition and, if the Secretary determines that 
the signatures on the petition represent more 
than 50 percent of the permit holders, or hold-
ers of more than 50 percent of the allocation in 
the fishery, as described by subparagraph (B), 
the Secretary shall certify the petition to the 
appropriate Council or Councils. 
‘‘(D) NEW
ENGLAND
AND
GULF
REF-
ERENDUM.— 
‘‘(i) Except as provided in clause (iii) 
for the Gulf of Mexico commercial red 
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snapper fishery, the New England and 
Gulf Councils may not submit, and the 
Secretary may not approve or implement, a 
fishery management plan or amendment 
that creates an individual fishing quota 
program, including a Secretarial plan, un-
less such a system, as ultimately developed, 
has been approved by more than 2⁄3 of 
those voting in a referendum among eligi-
ble permit holders with respect to the New 
England Council, and by a majority of 
those voting in the referendum among eli-
gible permit holders with respect to the 
Gulf Council. For multispecies permits in 
the Gulf, only those participants who have 
substantially fished the species proposed to 
be included in the individual fishing quota 
program shall be eligible to vote in such a 
referendum. If an individual fishing quota 
program fails to be approved by the req-
uisite number of those voting, it may be 
revised and submitted for approval in a 
subsequent referendum. 
‘‘(ii) The Secretary shall conduct a 
referendum under this subparagraph, in-
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cluding notifying all persons eligible to 
participate in the referendum and making 
available to them information concerning 
the schedule, procedures, and eligibility re-
quirements for the referendum process and 
the proposed individual fishing quota pro-
gram. Within 1 year after the date of en-
actment of the Magnuson-Stevens Fishery 
Conservation and Management Amend-
ments Act of 2006, the Secretary shall 
publish guidelines and procedures to deter-
mine procedures and voting eligibility re-
quirements for referenda and to conduct 
such referenda in a fair and equitable 
manner. 
‘‘(iii) The provisions of section 407(c) 
of this Act shall apply in lieu of this sub-
paragraph for an individual fishing quota 
program for the Gulf of Mexico commercial 
red snapper fishery. 
‘‘(iv) Chapter 35 of title 44, United 
States Code, (commonly known as the Pa-
perwork Reduction Act) does not apply to 
the referenda conducted under this sub-
paragraph. 
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‘‘(7) TRANSFERABILITY.—In establishing a lim-
ited access privilege program, a Council shall— 
‘‘(A) establish a policy on the transfer-
ability of 
limited 
access 
privilege 
shares 
(through sale or lease), including a policy on 
any conditions that apply to the transferability 
of limited access privilege shares that is con-
sistent with the policies adopted by the Council 
for the fishery under paragraph (3); and 
‘‘(B) establish criteria for the approval and 
monitoring of transfers (including sales and 
leases) of limited access privilege shares. 
‘‘(8) PREPARATION AND IMPLEMENTATION OF 
SECRETARIAL PLANS.—This subsection also applies 
to a plan prepared and implemented by the Sec-
retary under section 304(g). 
‘‘(9) ANTITRUST SAVINGS CLAUSE.—Nothing in 
this Act shall be construed to modify, impair, or su-
persede the operation of any of the antitrust laws. 
For purposes of the preceding sentence, the term 
‘antitrust laws’ has the meaning given such term in 
subsection (a) of the first section of the Clayton Act, 
except that such term includes section 5 of the Fed-
eral Trade Commission Act to the extent that such 
section 5 applies to unfair methods of competition. 
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‘‘(d) AUCTION AND OTHER PROGRAMS.—In estab-
lishing a limited access privilege program, a Council may 
consider, and provide for, if appropriate, an auction sys-
tem or other program to collect royalties for the initial, 
or any subsequent, distribution of allocations in a limited 
access privilege program if— 
‘‘(1) the system or program is administered in 
such a way that the resulting distribution of limited 
access privilege shares meets the program require-
ments of subsection (c)(3)(A); and 
‘‘(2) revenues generated through such a royalty 
program are deposited in the Limited Access System 
Administration 
Fund 
established 
by 
section 
305(h)(5)(B) and available subject to annual appro-
priations. 
‘‘(e) COST RECOVERY.—In establishing a limited ac-
cess privilege program, a Council shall— 
‘‘(1) develop a methodology and the means to 
identify and assess the management, data collection 
and analysis, and enforcement programs that are di-
rectly related to and in support of the program; and 
‘‘(2) provide, under section 304(d)(2), for a 
program of fees paid by limited access privilege hold-
ers that will cover the costs of management, data 
collection and analysis, and enforcement activities. 
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‘‘(f) LIMITED DURATION.—In establishing a limited 
access privilege program after the date of enactment of 
the Magnuson-Stevens Fishery Conservation and Manage-
ment Amendments Act of 2006, a Council may establish— 
‘‘(1) a set term after which any initial or subse-
quent allocation of a limited access privilege shall ex-
pire; 
‘‘(2) different set terms within a fishery if the 
Council determines that variation of terms will fur-
ther management goals; and 
‘‘(3) a mechanism under which participants in 
and entrants to the program may acquire or reac-
quire allocations. 
‘‘(g) LIMITED ACCESS PRIVILEGE ASSISTED PUR-
CHASE PROGRAM.— 
‘‘(1) IN GENERAL.—A Council may submit, and 
the Secretary may approve and implement, a pro-
gram which reserves up to 25 percent of any fees 
collected from a fishery under section 304(d)(2) to 
be used, pursuant to section 1104A(a)(7) of the 
Merchant Marine Act, 1936 (46 U.S.C. App. 
1274(a)(7)), to issue obligations that aid in financ-
ing— 
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‘‘(A) the purchase of limited access privi-
leges in that fishery by fishermen who fish from 
small vessels; and 
‘‘(B) the first-time purchase of limited ac-
cess privileges in that fishery by entry level 
fishermen. 
‘‘(2) ELIGIBILITY CRITERIA.—A Council mak-
ing a submission under paragraph (1) shall rec-
ommend criteria, consistent with the provisions of 
this Act, that a fisherman must meet to qualify for 
guarantees under subparagraphs (A) and (B) of 
paragraph (1) and the portion of funds to be allo-
cated for guarantees under each subparagraph. 
‘‘(h) EFFECT ON CERTAIN EXISTING SHARES AND 
PROGRAMS.—Nothing in this Act, or the amendments 
made by the Magnuson-Stevens Fishery Conservation and 
Management Amendments Act of 2006, shall be construed 
to require a reallocation of individual quota shares, proc-
essor quota shares, cooperative programs, or other quota 
programs, including sector allocation, under development 
or submitted by a Council or approved by the Secretary 
or by Congressional action before the date of enactment 
of the Magnuson-Stevens Fishery Conservation and Man-
agement Amendments Act of 2006.’’. 
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