I
107TH CONGRESS
1ST SESSION
H. R. 1367
To provide for the conservation and rebuilding of overfished stocks of Atlantic
highly migratory species of fish, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 3, 2001
Mr. SAXTON (for himself and Mr. SIMMONS) introduced the following bill;
which was referred to the Committee on Resources
A BILL
To provide for the conservation and rebuilding of overfished
stocks of Atlantic highly migratory species of fish, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Atlantic Highly Migratory Species Conservation Act of
2001’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
Sec. 4. Definitions.
Sec. 5. Closure of highly migratory species conservation zones.
Sec. 6. Pelagic longline fishing vessel permit holder compensation program.
Sec. 7. Restrictions on vessels.
Sec. 8. Restrictions on compensated eligible permit holders.
Sec. 9. Prohibited act under Magnuson-Stevens Act.
Sec. 10. Information collection review not to apply.
Sec. 11. Highly migratory species bycatch mortality reduction research pro-
gram.
Sec. 12. Reallocation of total allowable catch.
Sec. 13. Monitoring and evaluation of area closures.
Sec. 14. Vessel monitoring device.
Sec. 15. Effective date.
Sec. 16. Authorization of appropriations.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Highly migratory species of fish, including
North Atlantic swordfish, species of Atlantic billfish,
and Atlantic large coastal sharks, are overfished and
require greater conservation as confirmed by recent
scientific assessments. In its most recent analysis,
the Standing Committee on Research and Statistics
of the International Commission for the Conserva-
tion of Atlantic Tunas estimated that a number of
key stocks of highly migratory species have less than
the biomass needed to produce their respective max-
imum sustainable yields. The 1999 SCRS stock as-
sessment estimated that the North Atlantic sword-
fish stock was at 65 percent of the necessary bio-
mass to produce maximum sustainable yield. The
1997 SCRS stock assessment estimated that the At-
lantic blue marlin stock was at 24 percent, and the
Atlantic white marlin stock was at 23 percent, of the
necessary biomass to produce MSY. In its most re-
cent stock assessment for Atlantic sailfish/spearfish,
the SCRS estimated these stocks were at 62 percent
of the necessary biomass to produce MSY. Also, the
National Marine Fisheries Service has identified
North Atlantic swordfish, Atlantic blue marlin, At-
lantic white marlin, Atlantic sailfish/spearfish, and
other highly migratory species of fish as overfished.
(2) A reduction in the mortality of undersized
swordfish will contribute substantially to the rebuild-
ing of North Atlantic swordfish as confirmed by a
1998 SCRS report that expressed ‘‘concern about
the high catches (landings plus discards) of small
swordfish’’ and ‘‘emphasized that gains in the yield
could accrue if fishing mortality on small fish could
be further reduced.’’
(3) In 1998, ICCAT adopted a resolution di-
recting the SCRS to develop options for rebuilding
North Atlantic swordfish to levels that would
produce the maximum sustainable yield, including
alternative methods for reducing small fish mor-
tality, for consideration at the ICCAT meeting in
1999.
(4) Reducing the mortality of species of Atlan-
tic billfish, including Atlantic blue marlin, Atlantic
white marlin, and Atlantic sailfish/spearfish, will
contribute substantially to the rebuilding of these
stocks.
(5) In 1990, ICCAT encouraged its member
states to take appropriate measures within their na-
tional jurisdictions to protect small swordfish, in-
cluding the establishment of time and area closures.
(6) Significant reductions in the mortality of ju-
venile swordfish, Atlantic white marlin, Atlantic blue
marlin, Atlantic sailfish/spearfish, species of Atlantic
large coastal sharks, and other highly migratory spe-
cies of fish within the exclusive economic zone of the
United States can be achieved by the design and im-
plementation of discrete, scientifically based time-
area closures for pelagic longline fishing.
(7) A credible, scientifically based time-area clo-
sure for pelagic longline fishing that would achieve
reductions in the bycatch and mortality of overfished
highly migratory species within the United States
exclusive economic zone will provide a model for ap-
plying the same conservation concept more broadly
in international waters through ICCAT in further
pursuit of the goal of rebuilding the stocks of these
species.
(8) The time-area closures for pelagic longline
fishing within the United States exclusive economic
zone that will achieve the conservation objectives for
swordfish, billfish, and large coastal sharks in the
Atlantic Ocean and Gulf of Mexico and that will re-
duce conflicts between commercial and recreational
fishermen will result in harmful economic impacts on
United States commercial fishermen who engage in
pelagic longline fishing, as well as their families.
Such harmful economic impacts can be offset by a
fair and equitable buyout of the permits and licenses
of certain pelagic longline fishing vessels.
(9) There is a great need for the National Ma-
rine Fisheries Service to conduct additional scientific
research, in cooperation with pelagic longline fishing
vessels, to identify the uses and configurations of pe-
lagic longline fishing gear that are most effective in
reducing bycatch.
SEC. 3. PURPOSES.
The purposes of this Act are the following:
(1) To expand the scientific knowledge and un-
derstanding of Atlantic highly migratory species and
the fisheries of the United States, including rec-
reational and commercial research, both design and
deployment.
(2) To contribute to the conservation and re-
building of overfished stocks of highly migratory spe-
cies, including North Atlantic swordfish, Atlantic
white marlin, Atlantic blue marlin, Atlantic sailfish/
spearfish, and Atlantic large coastal sharks, through
reductions in mortality and the protection of those
areas that may occur within the exclusive economic
zone of the United States, to levels that will produce
maximum sustainable yield, in compliance with
United States obligations under the International
Convention for the Conservation of Atlantic Tunas
and consistent with section 301(a)(1) of the Magnu-
son-Stevens Act (16 U.S.C. 1851(a)(1)) and section
304 of the Magnuson-Stevens Act (16 U.S.C. 1854).
(3) To minimize socio-economic impacts on
United States commercial fishermen and their fami-
lies, consistent with section 301(a)(8) of the Magnu-
son-Stevens Act (16 U.S.C. 1851(a)(8)) and the re-
quirements of chapter 6 of title 5, United States
Code (popularly known as the Regulatory Flexibility
Act), resulting from the conservation actions taken
under this Act.
(4) To ensure a sustainable fishery.
(5) To minimize both bycatch, including regu-
latory discards, consistent with the Magnuson-Ste-
vens Act and the international obligations of the
United States, and marine mammal and sea turtle
mortality as required by the Marine Mammal Pro-
tection Act of 1972 and the Endangered Species Act
of 1973.
(6) To support and encourage the United
States Government’s efforts to obtain international
agreements that provide for effective fishery con-
servation and management consistent with the poli-
cies set forth in section 2(c) of the Magnuson-Ste-
vens Act (16 U.S.C. 1801(c)) and to provide the
necessary leadership for achieving greater inter-
national conservation of highly migratory species.
(7) To reduce conflicts within the exclusive eco-
nomic zone of the United States between the pelagic
longline and recreational fisheries for highly migra-
tory species.
(8) To minimize bycatch, and to the extent pos-
sible, to prevent displacement of fishing effort result-
ing from the conservation actions under this Act.
SEC. 4. DEFINITIONS.
In this Act, the following definitions apply:
(1) ATLANTIC
OCEAN.—The term ‘‘Atlantic
Ocean’’ includes the waters of the Gulf of Mexico
and the Caribbean Sea.
(2) BILLFISH.—The term ‘‘billfish’’ means blue
marlin, spearfish, sailfish, and white marlin.
(3) BYCATCH.—The term ‘‘bycatch’’ means fish
that are harvested in a fishery, but that are not sold
or kept for personal use, and includes economic dis-
cards and regulatory discards. The term does not in-
clude fish released alive under a recreational catch
and release fishery management program.
(4) COMMERCIAL
FISHING.—The term ‘‘com-
mercial fishing’’ means fishing in which the fish har-
vested, either in whole or in part, are intended to
enter commerce through sale, barter, or trade.
(5) ELIGIBLE PERMIT HOLDER.—The term ‘‘el-
igible permit holder’’ means a person or group of
persons who, on the date of enactment of this Act,
holds a Directed Swordfish Limited Access Permit
or a Tuna Longline Permit with Incidental Sword-
fish and Shark that was issued based on the land-
ings of an eligible vessel.
(6) EEZ.—The term ‘‘EEZ’’ means the exclu-
sive economic zone established by Proclamation
Numbered 5030, dated March 10, 1983.
(7) FISH.—The term ‘‘fish’’ means finfish, mol-
lusks, crustaceans, and all other forms of marine
animal and plant life other than marine mammals
and birds.
(8) FISHING.—The term ‘‘fishing’’ means—
(A) the catching, taking, or harvesting of
fish;
(B) the attempted catching, taking, or har-
vesting of fish;
(C) any other activity which can reason-
ably be expected to result in the catching, tak-
ing, or harvesting of fish; or
(D) any operations at sea in support of, or
in preparation for, any activity described in
subparagraphs (A) through (C).
The term does not include any scientific research ac-
tivity that is authorized by the Secretary.
(9) FISHING VESSEL.—The term ‘‘fishing ves-
sel’’ means any vessel, boat, ship, or other craft that
is used for, equipped to be used for, or of a type
that is normally used for—
(A) fishing; or
(B) aiding or assisting one or more vessels
at sea in the performance of any activity relat-
ing to fishing, including but not limited to prep-
aration, supply, storage, refrigeration, transpor-
tation, or processing.
(10) GEODESIC.—The term ‘‘geodesic’’ means
the shortest line between two points that lies on the
surface of the Earth.
(11) HIGHLY MIGRATORY SPECIES.—The term
‘‘highly migratory species’’ means tuna species, bill-
fish, oceanic sharks, and swordfish.
(12) ICCAT.—The term ‘‘ICCAT’’ means the
International Commission for the Conservation of
Atlantic Tunas.
(13) MAGNUSON-STEVENS
ACT.—The term
‘‘Magnuson-Stevens Act’’ means the Magnuson-Ste-
vens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.).
(14) MID-ATLANTIC BIGHT.—The term ‘‘Mid-
Atlantic Bight’’ means all waters of the Atlantic
Ocean north of 35 degrees north latitude and west
of 71 degrees west longitude.
(15) MSY.—The term ‘‘MSY’’ means maximum
sustainable yield.
(16) OBSERVER.—The term ‘‘observer’’ has the
meaning that term has in the Magnuson-Stevens Act
(16 U.S.C. 1801 et seq.).
(17) OVERFISHED.—The term ‘‘overfished’’ has
the meaning that term has in the Magnuson-Stevens
Act (16 U.S.C. 1801 et seq.).
(18) PELAGIC LONGLINE FISHING.—The term
‘‘pelagic longline fishing’’ means a method of fishing
that uses any fishing gear consisting of a length of
line suspended horizontally in the water above the
bottom from lines attached to surface floats and to
which gangions and hooks are attached and are used
to target pelagic species.
(19) PERSON.—The term ‘‘person’’ means any
individual, corporation, partnership, association, or
other entity (whether or not organized or existing
under the laws of any State).
(20) RECORD ADDRESS.—The term ‘‘record ad-
dress’’ means the address of record for each permit
holder and highly migratory species dealer as main-
tained in the National Marine Fisheries Service’s
databases.
(21) RECREATIONAL FISHING.—The term ‘‘rec-
reational fishing’’ means fishing for sport or pleas-
ure.
(22) SCRS.—The term ‘‘SCRS’’ means the
Standing Committee on Research and Statistics of
ICCAT.
(23) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of Commerce or a designee of
such Secretary.
(24) TUNAS.—The term ‘‘tunas’’ means alba-
core, bigeye, bluefin, skipjack, and yellowfin tunas.
SEC. 5. CLOSURE OF HIGHLY MIGRATORY SPECIES CON-
SERVATION ZONES.
(a) GULF OF MEXICO CONSERVATION ZONE FOR
HIGHLY MIGRATORY SPECIES.—During the period that
begins on the first Memorial Day after the effective date
of this Act and continues through Labor Day of the same
calendar year, and every year thereafter, no person may
engage in pelagic longline fishing in the Gulf of Mexico
Conservation Zone For Highly Migratory Species. For
purposes of this subsection, such zone is the area of the
exclusive economic zone seaward of the baseline from
which the territorial sea is measured, that is enclosed by
a series of geodesics connecting in succession the points
at the following coordinates:
(1) 26 degrees 0 minutes north latitude, 97 de-
grees 10 minutes west longitude (at approximately
the border between the United States and Mexico).
(2) 26 degrees 0 minutes north latitude, 96 de-
grees 0 minutes west longitude.
(3) 27 degrees 30 minutes north latitude, 94
degrees 30 minutes west longitude.
(4) 27 degrees 30 minutes north latitude, 90
degrees 0 minutes west longitude.
(5) 28 degrees 0 minutes north latitude, 90 de-
grees 0 minutes west longitude.
(6) 28 degrees 0 minutes north latitude, 89 de-
grees 30 minutes west longitude.
(7) 29 degrees 0 minutes north latitude, 87 de-
grees 30 minutes west longitude.
(8) 29 degrees 0 minutes north latitude, 86 de-
grees 0 minutes west longitude.
(9) 29 degrees 40 minutes north latitude, 85
degrees 20 minutes west longitude (at Cape San
Blas, Florida).
(b) MID-ATLANTIC
CONSERVATION
ZONES
FOR
HIGHLY MIGRATORY SPECIES.—
(1) ANNUAL CLOSURE.—No person shall—
(A) engage in pelagic longline fishing in
the Northern Mid-Atlantic Conservation Zone
for Highly Migratory Species—
(i) during the period that begins on
the first July 21 occurring after the date
of the enactment of this section and ends
on August 31 of the same calendar year;
or
(ii) during the same period in any
year thereafter; or
(B) engage in pelagic longline fishing in
the Southern Mid-Atlantic Conservation Zone
for Highly Migratory Species—
(i) during the period that begins on
the first September 1 occurring after the
date of enactment of this section and ends
on September 30 of the same calendar
year; or
(ii) during the same period in any
year thereafter.
(2) ZONES DESCRIBED.—
(A) NORTHERN MID-ATLANTIC CONSERVA-
TION ZONE.—For purposes of paragraph (1),
the Northern Mid-Atlantic Conservation Zone
for Highly Migratory Species is the area en-
closed by a series of geodesics connecting in
succession the points at the following coordi-
nates:
(i) 37 degrees 30 minutes north lati-
tude, 74 degrees 30 minutes west lon-
gitude.
(ii) 40 degrees 0 minutes north lati-
tude, 72 degrees 15 minutes west lon-
gitude.
(iii) 39 degrees 0 minutes north lati-
tude, 72 degrees 15 minutes west lon-
gitude.
(iv) 37 degrees 30 minutes north lati-
tude, 73 degrees 30 minutes west lon-
gitude.
(B) SOUTHERN MID-ATLANTIC CONSERVA-
TION ZONE.—For purposes of paragraph (1),
the Southern Mid-Atlantic Conservation Zone
for Highly Migratory Species is the area en-
closed by a series of geodesics connecting in
succession the points at the following coordi-
nates:
(i) 36 degrees 33 minutes north lati-
tude, 74 degrees 45 minutes west lon-
gitude.
(ii) 37 degrees 15 minutes north lati-
tude, 74 degrees 45 minutes west lon-
gitude.
(iii) 37 degrees 30 minutes north lati-
tude, 74 degrees 30 minutes west lon-
gitude.
(iv) 37 degrees 30 minutes north lati-
tude, 73 degrees 30 minutes west lon-
gitude.
(v) 37 degrees 0 minutes north lati-
tude, 74 degree 0 minutes west longitude.
(vi) 36 degrees 33 minutes north lati-
tude, 74 degrees 0 minutes west longitude.
(3) EFFORT LIMITATION.—
(A) IN GENERAL.—The Secretary—
(i) shall find, by not later than Au-
gust 30 of each year, whether or not the
cumulative number of pelagic longline fish-
ing sets in the Mid-Atlantic Bight for
swordfish and tuna during the period of
June, July, August, and September of that
year will exceed 1,250; and
(ii) if the Secretary makes an affirma-
tive finding under clause (i), shall take
such measures as are necessary to ensure
that the cumulative number of such sets in
that period does not exceed that number.
(B) REGULATIONS.—The Secretary shall
issue regulations implementing this paragraph
by not later than 180 days after the date of the
enactment of this Act.
(c) PELAGIC LONGLINE CAPACITY REDUCTION PRO-
GRAM.—
(1) IN GENERAL.—There is established under
the National Marine Fisheries Service a pelagic
longline fishing vessel capacity reduction program.
The Secretary of Commerce shall implement the pro-
gram in a manner consistent with the provisions of
this subsection. Under the program, the Secretary
shall—
(A) establish guidelines for the reduction
of the Atlantic pelagic longline fleet through the
surrender of directed swordfish, incidental
swordfish, and Atlantic tuna permits to the
United States Government; and
(B) establish a reverse auction for such
permits for the purpose of reducing pelagic
longline capacity.
(2) ELIGIBILITY.—Any pelagic longline fishing
vessel shall be eligible for the program, except that
the Secretary shall give priority to vessels that had
significant landings of fish from the Mid-Atlantic
Bight in the period 1992 through 1998.
(3) NOTIFICATION.—The Secretary shall notify
all eligible incidental and directed pelagic longline
swordfish and Atlantic tuna permit holders of their
eligibility for the program, within 180 days after the
date of enactment of this Act.
(4) APPROPRIATIONS FOR COMPENSATION PRO-
GRAM.—There are authorized to be appropriated to
the Secretary of Commerce $5,000,000 for the pro-
gram established under paragraph (1).
(5) REQUEST FOR SUPPLEMENTAL APPROPRIA-
TIONS.—If the Secretary determines that the
amounts appropriated explicitly for the purpose of
making payments under this subsection are inad-
equate to carry out this subsection completely, then
the Secretary shall notify the Committees on Appro-
priations of the Senate and the House of Represent-
atives of that determination. The Secretary shall in-
clude in the notification a description of possible
sources of additional funds for the purpose of com-
pleting the payments authorized by this section.
(d) SCIENTIFIC RESEARCH EXCEPTION.—The re-
strictions under this section on fishing do not apply to pe-
lagic longline fishery research authorized by the Secretary.
No fish caught under the research program may be sold
unless authorized by the Secretary.
SEC. 6. PELAGIC LONGLINE FISHING VESSEL PERMIT
HOLDER COMPENSATION PROGRAM.
(a) VOLUNTARY COMPENSATION PROGRAM.—
(1) IN GENERAL.—The Secretary shall conduct
a voluntary Pelagic Longline Vessel Permit Holder
Compensation Program, under which the Secretary
shall buy in accordance with this section Directed
Swordfish Initial Limited Access Permits and Tuna
Longline Permits with Incidental Swordfish and
Shark that are in effect under the Magnuson-Ste-
vens Act from each eligible permit holder, by paying
to the eligible permit holder the applicable com-
pensation amount under subsection (d).
(2) PRIORITY.—In buying permits under this
subsection, the Secretary shall give priority to per-
mits held by eligible permit holders who, in the 1992
through 1998 fishing seasons, had significant land-
ings of fish under those permits from areas that
were subject to closure under the final rule regard-
ing Atlantic highly migratory species and pelagic
longline management published on August 1, 2000
(65 Fed. Reg. 47214).
(3) CONSISTENCY
WITH
MAGNUSON-STEVENS
ACT.—To ensure its effectiveness and equity, such
program shall be carried out consistent with the
standards for capacity reduction programs under
section 312(b) of the Magnuson-Stevens Act (16
U.S.C. 1861a(b)).
(b) INELIGIBILITY DUE
TO PERMIT
OR VESSEL
TRANSFER AFTER NOVEMBER 10, 1999.—The Secretary
shall not purchase a permit under this section if the vessel
authorized to engage in fishing under the permit, or any
Federal fishing permit or license applicable to that vessel,
is transferred to a different person after November 10,
1999.
(c) COMPENSATION NOTIFICATION.—No later than
45 days after the date of enactment of this Act, the Sec-
retary shall, by certified mail return receipt requested, ad-
dressed to each eligible permit holder, notify each eligible
permit holder of—
(1) the compensation provisions of this Act; and
(2) any other compensation instructions or
guidance that the Secretary may establish.
(d) COMPENSATION AMOUNT.—
(1) IN GENERAL.—Subject to paragraph (2),
the compensation amount shall be a payment of—
(A) $50,000 per eligible permit holder for
all permits referred to in subsection (a)(1) that
are held by the eligible permit holder, reduced
by the fair market value of any type of such
permits that is not held by the eligible permit
holder; plus
(B) for each eligible permit holder that re-
ported to the National Marine Fisheries Service
any landings of highly migratory species by any
vessel authorized to be used for fishing under
the permit or permits for which the payment is
made for the period beginning on January 1,
1999, and ending on October 1, 1999, a land-
ing payment that the Secretary determines in
accordance with subsection (e).
(2) REDUCTION
FOR
OBLIGATIONS
OWED
TO
THE
U.S.—The compensation amount determined
under paragraph (1) shall be reduced by the amount
of any lien, judgment, or other such final obligation
owed to the United States by the eligible permit
holder. Before making payment under this section,
the Secretary shall identify all such outstanding obli-
gations with respect to an eligible permit holder and
notify that person of the amount of the reduction
under this paragraph and the obligations taken into
account.
(e) LANDING PAYMENT DETERMINATION.—The Sec-
retary’s determinations of all landing payments under sub-
section (d) shall be final and shall be made as follows:
(1) The basis for each landing payment shall be
the gross ex-vessel value of all fish (regardless of
species) landed by the eligible vessel during any 1
calendar year in the period beginning with the cal-
endar year 1992 and ending with calendar year
1998.
(2) The amount of each landing payment shall
be 100 percent of such basis, up to $400,000.
(3) No later than 105 days after the date of en-
actment of this Act each permit holder who desires
to be compensated under this section must—
(A) advise the Secretary which single cal-
endar year from 1992 through 1998 the permit
holder chooses pursuant to paragraph (1) as
the basis for the permit holder’s landing pay-
ment; and
(B) submit to the Secretary the permit
holder’s documentation for the gross ex-vessel
value of all fish (regardless of species) landed
by the eligible vessel during the basis year cho-
sen, that—
(i) is the form of trip tickets or any
relevant criteria required by the Secretary
to verify eligibility (or other landing docu-
mentation issued by the first ex-vessel fish
buyer or buyers) for the eligible vessel that
clearly establishes on their face the identity
and location of the first fish buyer;
(ii) states each vessel from which the
fish was bought;
(iii) states the date the fish was
bought, and how many pounds of each spe-
cies of fish was bought; and
(iv) states how much per pound the
landing vessel was paid for each species of
fish bought (no other documentation shall
be acceptable); or
(C) advise the Secretary that the permit
holder does not possess adequate documentation
and, consequently elects to have the Secretary
calculate a default landing payment.
(4) If the permit holder submits adequate docu-
mentation the Secretary shall use it to calculate the
landing payment. If the permit holder elects to have
the Secretary calculate a default landing payment
(or submits inadequate documentation), the Sec-
retary shall calculate a default payment by applying
average ex-vessel prices (where possible, for each
month of landing and State or area of landing as
maintained in the National Marine Fisheries Serv-
ice’s databases) to each pound of species of fish
landed by the permit holder’s eligible vessel during
the basis year that the permit holder chooses.
(f) COMPENSATION OFFER.—No later than 165 days
after the date of enactment of this Act, the Secretary
shall, by certified mail return receipt requested, addressed
to each eligible permit holder at its record address, offer
each eligible permit holder compensation for an amount
determined in accordance with this section. The Sec-
retary’s offer shall be final and not subject to negotiation
or counteroffer.
(g) COMPENSATION OFFER ACCEPTANCE.—
(1) IN GENERAL.—Each eligible permit holder
who desires to be compensated in accordance with
this Act must accept the Secretary’s compensation
offer no later than 195 days after the date of enact-
ment of this Act. Such acceptance—
(A) must be in writing signed by the per-
mit holder or permit holder’s duly authorized
representative and delivered to the Chief, Fi-
nancial Services Division, National Marine
Fisheries Service, 1315 East-West Highway,
Silver Spring, MD 20910–3282, and the ac-
ceptance letter shall include any necessary di-
rect wire transfer instructions;
(B) shall constitute the permit holder’s ir-
revocable consent for all other restrictions that
this Act permanently requires with respect to
the eligible vessel, and all such restrictions shall
immediately be in effect; and
(C) shall be accompanied by all commercial
fishing permits and licenses held by the permit
holder that are applicable to the eligible vessel.
(2) DELIVERY BY MAIL.—If the acceptance is
mailed, it must be mailed by certified mail return re-
ceipt requested. The Secretary shall consider the
date of acceptance to be the date on which it was
mailed.
(3) DELIVERY OTHER THAN BY MAIL.—If ac-
ceptance is delivered by any other means, the Sec-
retary shall consider the date of acceptance to be the
date on which the Secretary first received the ac-
ceptance. The Secretary’s determinations regarding
the timeliness of the acceptance shall be final.
(h) COMPENSATION PAYMENT.—No later than 225
days after the date of enactment of this Act, the Secretary
shall, in accordance with this section, pay compensation
in full to each permit holder whose acceptance of the Sec-
retary’s offer was timely.
(i) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated $25,000,000 for the
compensation payments authorized under this section.
SEC. 7. RESTRICTIONS ON VESSELS.
(a) IN GENERAL.—
(1) REVOCATION
OF
FISHING
PERMITS.—Ex-
cept as provided in paragraph (2), all commercial
fishing permits or licenses held by an eligible permit
holder accepting compensation under section 6 shall
be revoked upon receipt by the Secretary of the let-
ter of acceptance under section 6(g).
(2) CERTAIN TRANSFERS MAY BE ALLOWED.—
The Secretary may allow, under regulations issued
by this Secretary, a transfer of such a permit to an-
other entity if the Secretary determines that the per-
mit will not be used for pelagic longline fishing.
(3) GLOBAL DISQUALIFICATION OF VESSEL.—A
vessel that was authorized to engage in fishing
under a permit or license that is revoked under this
section shall never again be used by any person any-
where in the world (regardless of the national status
of such person) for commercial fishing.
(4) NOTICE.—The Secretary shall notify the
Secretary of Transportation of each revocation of a
vessel’s fishing permits and licenses under this Act.
The notice shall include any future restrictions on
the vessel required by this Act.
(b) 
INELIGIBILITY
FOR
FISHERIES
ENDORSE-
MENT.—Section 12108(d) of title 46, United States Code,