persons who, on the date of enactment of this Act,
holds the Directed Swordfish Limited Access Permit
that was issued based on the landings of an eligible
vessel.
(6) ELIGIBLE VESSEL.—The term ‘‘eligible ves-
sel’’ means each vessel listed in section 7(a) of this
Act.
(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
which is used for, equipped to be used for, or of a
type which 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) 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.).
(13) MID-ATLANTIC BIGHT.—The term ‘‘mid-
Atlantic bight’’ meeans all waters of the Atlantic
Ocean north of 35 degrees north latitude and west
of 71 degrees west longitude.
(14) OBSERVER.—The term ‘‘observer’’ has the
meaning that term has in the Magnuson-Stevens
Fishery Management Conservation Act (16 U.S.C.
1801 et seq.).
(15) 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.
(16) 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).
(17) RECREATIONAL FISHING.—The term ‘‘rec-
reational fishing’’ means fishing for sport or pleas-
ure.
(18) RECORD ADDRESS.—The term ‘‘record ad-
dress’’ means the address of record for each permit
holder and swordfish dealer as maintained in the
National Marine Fisheries Service’s databases.
(19) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of Commerce.
(20) SWORDFISH DEALER.—The term ‘‘sword-
fish dealer’’ means any person who purchases, trades
for, or barters for the receipt of any Atlantic sword-
fish (whether imported or domestic and regardless of
origin) for any commercial purpose (including sell-
ing, trading, or bartering such swordfish to others).
SEC. 6. HIGHLY MIGRATORY SPECIES CONSERVATION
ZONES.
(a) ATLANTIC CONSERVATION ZONE FOR HIGHLY
MIGRATORY SPECIES.—No person may engage in pelagic
longline fishing in the Atlantic Conservation Zone For
Highly Migratory Species, which is the area, seaward of
the baseline from which the territorial sea is measured,
that is enclosed by a series of geodesics connecting in suc-
cession the points at the following coordinates:
(1) 26 degrees 30 minutes north latitude, 82
degrees 0 minutes west longitude.
(2) 24 degrees 0 minutes north latitude, 82 de-
grees 0 minutes west longitude.
(3) 24 degrees 0 minutes north latitude, 79 de-
grees 0 minutes west longitude.
(4) 31 degrees 0 minutes north latitude, 79 de-
grees 0 minutes west longitude.
(5) 31 degrees 0 minutes north latitude, 78 de-
grees 0 minutes west longitude.
(6) 32 degrees 0 minutes north latitude, 78 de-
grees 0 minutes west longitude.
(7) 32 degrees 0 minutes north latitude, 77 de-
grees 0 minutes west longitude.
(8) 33 degrees 0 minutes north latitude, 77 de-
grees 0 minutes west longitude.
(9) 33 degrees 0 minutes north latitude, 78 de-
grees 0 minutes west longitude.
(10) 33 degrees 51 minutes north latitude, 78
degrees 33 minutes west longitude.
(b) GULF OF MEXICO CONSERVATION ZONE FOR
SWORDFISH.—Every year, during the period of January
1 through Memorial Day, no person may engage in pelagic
longline fishing in the Gulf of Mexico Conservation Zone
For Swordfish, which is the area enclosed by a series of
geodesics connecting in succession the points at the fol-
lowing coordinates:
(1) 30 degrees 0 minutes north latitude, 87 de-
grees 30 minutes west longitude.
(2) 30 degrees 0 minutes north latitude, 86 de-
grees 0 minutes west longitude.
(3) 29 degrees 0 minutes north latitude, 86 de-
grees 0 minutes west longitude.
(4) 29 degrees 0 minutes north latitude, 87 de-
grees 30 minutes west longitude.
(c) GULF OF MEXICO CONSERVATION ZONE FOR
HIGHLY MIGRATORY SPECIES.—During the period that
begins on the first Memorial Day after the date of enact-
ment of this Act and continues through Labor Day of the
same calendar year, and during the period of Memorial
Day through Labor Day in each of the next four calendar
years, no person may engage in pelagic longline fishing
in the Gulf of Mexico Conservation Zone For Highly Mi-
gratory Species, which is the area 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.
(1) ALEX JAMES, United States official num-
ber 593864.
(2) AMANDA KAY, United States official
number 691398.
(3) BEAU, United States official number
647878.
(4) BETTE BOOP, United States official num-
ber 673527.
(5) BETTY B, United States official number
689987.
(6) BIGEYE, United States official number
628300.
(7) BLACK JACK ONE, United States official
number 592219.
(8) BONNEY ANNE, United States official
number 666686.
(9) BUCKAROO, United States official number
576503.
(10) CANDACE, United States official number
673556.
(11) CAPT. BOB, United States official num-
ber 929813.
(12) CAROL ANN, United States official num-
ber 609121.
(13) CHARLESTON STAR, United States of-
ficial number 591301.
(14) CHRISTOPHER JOE, United States offi-
cial number 608436.
(15) CHRISTY, United States official number
933833.
(16) CLAYTON REED, United States official
number 683286.
(17) CORAL LADY, United States official
number 649372.
(18) DAKOTA, United States official number
956008.
(19) ERICA-LYNN, United States official
number 611243.
(20) EXPLORER, United States official num-
ber 643055.
(21) FATHER & SON, United States official
number 611056.
(22) GINA D, United States official number
602788.
(23) GRAND CRU, United States official num-
ber 508393.
(24) HAPPY NIGHT TONIGHT, United
States official number 632057.
(25) ITALIAN STALLION, United States offi-
cial number 603239.
(26) JACQUELINE L., United States official
number 551612.
(27) JANICE ANN, United States official
number 646506.
(28) JOAN MARIE, United States official
number 599408.
(29) JOSHUA NICOLE, United States official
number 912738.
(30) JUST RIGHT, United States official
number 692184.
(31) KELLY ANN, United States official num-
ber 633432.
(32) KRISTIN LEE, United States official
number 656259.
(33) LADY LAURA, State of Florida registra-
tion number FL2054GY.
(34) LINDSEY JEANETTE, United States of-
ficial number 618472.
(35) LINNEA C, United States official number
665962.
(36) LISA ANN, United States official number
659897.
(37) LORI MARIE, United States official num-
ber 674417.
(38) MAR JACK, United States official num-
ber 640008.
(39) MARION FRANCES, United States offi-
cial number 541694.
(40) MARY ANN, United States official num-
ber 596805.
(41) MGB, United States official number
656564.
(42) MISS DANIELLE, United States official
number 697038.
(43) MISS MANDY, United States official
number 636385.
(44) MISS MELISSA, United States official
number 593587.
(45) MISS SUZANNE, United States official
number 510728.
(46) MISS TAKE, United States official num-
ber 667970.
(47) MISS-SHELL, United States official
number 637883.
(48) OUTLAW, United States official number
643282.
(49) PEACEFUL LADY, United States official
number 918933.
(50) PROUD MARY ELLEN, United States
official number 615810.
(51) PROVIDER, United States official num-
ber 602041.
(52) PROVIDER II, United States official
number 648979.
(53) R&R, United States official number
945535.
(54) RAW DAWG, United States official num-
ber 677230.
(55) REBECCA PAGE, United States official
number 684131.
(56) REBEL LADY, United States official
number 628471.
(57) ROYAL LADY, United States official
number 615626.
(58) RUTH-ANNE, United States official num-
ber 598591.
(59) SEA ANGEL, United States official num-
ber 926754.
(60) SEVEN ARROWS, United States official
number 611304.
requested, addressed to each permit holder at its record
address, notify each permit holder of—
(1) the compensation provisions of this Act; and
(2) any other compensation instructions or
guidance that the Secretary may (but not by regula-
tion or further notice of any other kind) establish.
(d) COMPENSATION AMOUNT.—The compensation
amount shall include, a permit package payment of
$125,000 per eligible permit holder plus, either—
(1) zero for any eligible permit holder that did
not report any landings of highly migratory species
by the associated eligible vessel to the National Ma-
rine Fisheries Service for the period beginning on
January 1, 1999, and ending on October 1, 1999;
or
(2) for every other eligible permit holder, a
landing payment that the Secretary determines in
accordance with subsection (e).
(e) LANDING PAYMENT DETERMINATION.—The Sec-
retary’s determinations of all landing payments shall be
final and in accordance with the following:
(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 one
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 not to exceed
$325,000.
(3) No later than the 75th calendar day after
the date of enactment of this Act each permit holder
who desires to be compensated under this Act
must—
(A) advise the Secretary which single cal-
endar year from 1992 through 1998 the permit
holder chooses as the basis for the permit hold-
er’s landing payment; 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 other
landing documentation issued by the first
ex-vessel fish buyer or buyers) for the eligi-
ble 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, how many pounds of each species
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 the 135th
calendar day 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 ad-
dress, offer each eligible permit holder compensation for
an amount determined in accordance with this section.
The Secretary’s offer shall be final and not subject to ne-
gotiation or counteroffer.
(g) COMPENSATION OFFER ACCEPTANCE.—(1) Each
eligible permit holder who desires to be compensated in
accordance with this Act must accept the Secretary’s com-
pensation offer no later than the 165th calendar day after
the date of enactment of this Act. Such acceptance—
(A) must be in writing signed by the permit
holder or permit holder’s duly authorized representa-
tive and delivered to the Chief, Financial Services
Division, National Marine Fisheries Service, 1315
East-West Highway, Silver Spring, MD 20910–
3282, and the acceptance letter should include direct
wire transfer instructions;
(B) shall constitute the permit holder’s irrev-
ocable consent for all other restrictions that this Act
permanently requires with respect to the eligible ves-
sel 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 hold-
er that are applicable to the eligible vessel.
(2) If the acceptance is mailed, it must be mailed by
certified mail return receipt requested. The Secretary shall
consider the date of acceptance to be the date on which
it was mailed.
(3) If acceptance is delivered by any other means, the
Secretary shall consider the date of acceptance to be the
date on which the Secretary first received the acceptance.
The Secretary’s determinations regarding the timeliness
of the acceptance shall be final.
(h) COMPENSATION PAYMENT.—No later than the
195th calendar day 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 ac-
ceptance of the Secretary’s offer was timely.
(i) FEDERAL LOAN.—Under the authority of sections
1111 and 1112 of title XI of the Merchant Marine Act,
1936 (46 U.S.C. App. 1279f and 1279g), the Secretary
shall provide up to $10,000,000 through a direct loan obli-
gation for any payments authorized under this section that
are not fully paid for by funds appropriated under sub-
section (j) of this section. For purposes of such sections
1111 and 1112, these payments shall be treated as pay-
ments under a fishing capacity reduction program estab-
lished under section 312 of the Magnuson-Stevens Act (16
U.S.C. 1861a). Notwithstanding subsection (b)(4) of such
section 1111, the debt obligation under this subsection
shall have a maturity of 30 years.
(j) AUTHORIZATION
OF APPROPRIATIONS.—There
shall be authorized to be appropriated $100,000 for the
costs required by the Federal Credit Reform Act for the
$10,000,000 direct loan authorized under subsections (a)
through (i) and $15,000,000 for the balance of the com-
pensation payments authorized under subsections (a)
through (i).
(k) MID-ATLANTIC BIGHT BUYOUT PROGRAM.—(1)
The Secretary shall establish a second voluntary buyout
program for permitted vessels that have recorded landings
of swordfish of at least 40 percent in the mid-Atlantic
bight in any 1 year during the period of 1992 through
1999. The compensation package shall be fair and equi-
table and shall be based on a similar compensation for-
mula outlined in this section.
(2) The Secretary shall reduce the overall United
States quota of swordfish based on the landings of each
vessel as it is bought out. The reduction shall reflect the
vessel’s overall percentage of the total landings within the
mid-Atlantic Bight. The Secretary shall reduce the overall
United States quota by that specific percent.
(3) Section 6(c)(3)(K) of the Atlantic Tunas Conven-
tion Act (16 U.S.C. 971d) is amended by adding at the
end the following: ‘‘The Secretary may only reduce the
United States allocation or quota of swordfish by the
amount directly related to amount of landings reduced in
the mid-Atlantic bight as a direct result of the buyout
under section 7(k) of the Atlantic Highly Migratory Spe-
cies Conservation Act of 1999.’’.
(4) There are authorized to be appropriated
$5,000,000 for the compensation payments authorized
under paragraph (1).
SEC. 8. RESTRICTIONS ON VESSELS.
(a) IN GENERAL.—(1) All commercial fishing permits
or licenses held by an eligible permit holder accepting com-
pensation under section 7 shall be revoked upon receipt
by the Secretary of the letter of acceptance under section
7(g).
(2) For each eligible vessel for which an eligible per-
mit holder whose commercial fishing permits and licenses
have been revoked and who accepted a landing payment,
such vessel shall never again be used by any person any-
where in the world (regardless of the national status of
such person) for commercial fishing.
(b) 
INELIGIBILITY
FOR
FISHERIES
ENDORSE-
MENT.—Section 12108(d) of title 46, United States Code,
is amended by inserting ‘‘, or a vessel whose commercial
fishing permits and licenses have been revoked under sec-
tion 8(a)(2) of the Atlantic Highly Migratory Species Con-
servation Act of 1999,’’ before ‘‘is not eligible’’.
(c) TRANSFER TO FOREIGN OWNERSHIP OR REG-
ISTRY PROHIBITED.—
(1) PROHIBITED TRANSFER.—No person may—
(A) sell, lease, charter, deliver, or in any
manner transfer, or agree to sell, lease, charter,
deliver, or in any manner transfer, to a person
not a citizen of the United States, any interest
in or control of a vessel whose commercial fish-
ing permits and licenses have been revoked; or
(B) place that vessel under foreign registry
or operate that vessel under the authority of a
foreign country.
(2) VOID EFFECT.—Any charter, sale, or trans-
fer of a vessel, or interest in or control of that ves-
sel, in violation of this subsection is void.
(d) PENALTIES.—
(1) CRIMINAL
PENALTY.—Any person that
knowingly charters, sells, or transfers a vessel (or in-
terest in or control of that vessel) in violation of this
section, or knowingly uses that vessel for commercial
fishing in violation of this section, or knowingly sub-
mits false documentation for the landing payment
under section 7 shall be fined under title 18, United
States Code, imprisoned for not more than 5 years,
or both.
(2) FORFEITURE.—A vessel (including its fish-
ing gear, furniture, appurtenances, stores, and
cargo) may be seized by, and forfeited to, the United
States Government if—
(A)(i) the vessel is placed under foreign
registry or operated under the authority of a
foreign country in violation of this section;
(ii) a person knowingly charters, sells, or
transfers a vessel, or interest or control in that
vessel, in violation of this section;
(B) the vessel is used for commercial fish-
ing in violation of this section; or
(C) the permit holder submits false docu-
mentation for the landing payment under sec-
tion 7.
(3) CIVIL PENALTY.—A person that charters,
sells, or transfers a vessel (or an interest in or con-
trol of a vessel) in violation of this section, uses a
vessel for commercial fishing in violation of this sec-
tion, or submits false documentation for the landing
payment under section 7 is liable to the United
States Government for a civil penalty of not more
than $10,000 for each violation.
(e) VESSEL IDENTIFICATION SYSTEM.—The Sec-
retary of Transportation shall ensure that, for each vessel
whose commercial fishing permits and licenses have been
revoked, information is recorded and maintained in the
vessel identification system established under chapter 125
of title 46, United States Code, stating that the vessel is
forbidden under this Act from engaging in commercial
fishing anywhere in the world, that the vessel is not eligi-
ble for any commercial fishing permit or license (regard-
less of whether the permit or license is issued by the Fed-
eral Government, or a State government or political sub-
division thereof), and that use of the vessel in any com-
mercial fishing operation may result in Federal civil and
criminal penalties and forfeiture of the vessel and its cargo
and equipment.
SEC. 9. REPAYMENT OF DIRECT LOAN.
(a) IN GENERAL.—There is established a fishery con-
servation fee system, to be administered by the Secretary,
for repayment of the direct loan made under section 7(f),
with the commercial share to be repaid under subsection
(b) of this section and the recreational share to be repaid
under subsection (c) of this section. Fees under this sec-
tion are established notwithstanding the requirements of
section 304 or 312 of the Magnuson-Stevens Act (16
U.S.C. 1854 and 1861a).
(b) COMMERCIAL SHARE.—
(1) DESCRIPTION.—The commercial share of
the fishery conservation fee system shall be 50 per-
cent of the original principal amount of the loan plus
all interest accruing on that 50 percent of the prin-
cipal amount.
(2) METHOD
OF
PAYMENT.—The Secretary
shall, for the repayment of the commercial share of
the loan obligation, plus associated interest, estab-
lish a fee, which—
(A) shall be an amount determined by the
Secretary to be sufficient to amortize the com-
mercial share over the loan term of 30 years,
not to exceed five cents, for each pound of all
Atlantic swordfish sold by swordfish dealers;
(B) shall be collected beginning on the
365th day after the date of enactment of this
Act and continue without interruption, regard-
less of the loan’s maturity until such commer-
cial share is fully paid; and
(C) shall be deducted by the swordfish
dealer from all proceeds received from the sale
by the dealer of all Atlantic swordfish and ac-
counted for and forwarded by the dealer to the
Secretary in the following manner:
(i) The fee for all proceeds received
during each month shall be forwarded by
not later than the 15th calendar day of
each month immediately following the
month for which the fees were collected
and fee payments shall be late if not re-
ceived at the lock box by the 20th calendar
day of each such immediately following
month.
(ii) All fees forwarded shall include a
settlement sheet that establishes the total
proceeds received during the previous
month, the total pounds of all Atlantic
swordfish sold upon which such receipts
were based, and the total fee forwarded.
(iii) All fees shall be forwarded to a
lock box account that the Secretary shall
designate by a letter to each swordfish
dealer holding a swordfish dealer’s permit
at its record address.
(iv) All fee matters shall be in accord-
ance with such other conditions as the Sec-
retary shall establish, and amend from
time to time by a letter (but not by regula-
tion or any other form of notice) sent to
each swordfish dealer holding a swordfish
dealer’s permit at its record address.
(3) DUTY
OF
PROMPT
NOTIFICATION.—The
Secretary shall immediately notify swordfish dealers
and swordfish limited access permit holders when
the commercial share has been fully repaid and the
collection requirement terminates. This shall be ac-
complished by the Secretary’s letter sent to each
swordfish dealer, holding a swordfish dealer’s permit
and each swordfish access permit holder at its
record address.
(4) AUDIT.—The Secretary may at reasonable
times and places conduct audits of swordfish dealer’s
books and records to determine compliance with this
section. Swordfish dealers shall furnish such books
and records as the Secretary may reasonably require
for the conduct of such audits.
(5) PENALTY
INTEREST
ON
LATE
FEE
PAY-
MENTS.—Swordfish dealers shall pay penalty inter-
est equal to one and one-half percent the full
amount of each late fee payment for each month, or
portion thereof, in which a late fee payment remains
unpaid.
(6) ENFORCEMENT.—The Secretary shall col-
lect all unpaid fees by such manner as the Secretary
considers appropriate, including bringing collection
enforcement actions at law and attaching and liqui-
dating swordfish dealers’ assets.
(7) 
CONTINUING
OBLIGATION.—Notwith-
standing that the commercial share of the loan is
not paid in full by the loan’s maturity date, the fee
shall continue without interruption until such time
as the commercial share is paid in full.
(c) RECREATIONAL SHARE.—
(1) DESCRIPTION.—The recreational share of
the fishery conservation fee system shall be 50 per-
cent of the original principal amount of the loan plus
all interest accruing on 50 percent of the principal
amount.
(2) METHODS OF PAYMENT.—The recreational
share of the loan obligation, plus associated interest,
shall be repaid through payment by affected States
under paragraph (3), and by the sale of fishery con-
servation permits issued under paragraph (4).
(3) PAYMENT BY AFFECTED STATE.—A vessel
registered in an affected State will not be required
to purchase a Federal fishery conservation permit if
the State, no later than the 240th calendar day after
the date of enactment of this Act, makes a binding,
legally enforceable agreement with the United States
Government to pay fully, within 4 years after the
date of enactment of this Act, the State’s rec-
reational share allocation, plus associated interest.
The allocations for each affected State shall not ex-
ceed 40 percent for any affected States and will be
based on the State’s percentage of the total length
of coastline adjacent to any area closed under sec-
tion 6 and the total number of marine anglers for
all seven States. Such allocations are as follows:
(A) South Carolina—9.4 percent.
(B) Georgia—4.3 percent.
(C) Florida—40.0 percent.
(D) Alabama—3.2 percent.
(E) Mississippi—2.6 percent.
(F) Louisiana—14.6 percent.
(G) Texas—19.9 percent.
(4) FISHERY CONSERVATION PERMITS.—
(A) ISSUANCE
AND
SALE.—On or about
one year after the date of enactment of this Act
and thereafter until the recreational share is
fully repaid, the Secretary shall issue for $25
each an annual fishery conservation permit to
vessels over eighteen feet in length wishing to
engage in recreational fishing for highly migra-
tory species in any area closed under section 6.
For vessels registered in a state electing to pay
the recreational share, the Secretary shall issue
the permit free of charge.
(B) MEANS OF SALE OR ISSUANCE.—The
Secretary—
(i) may, to the extent practicable, au-
thorize the permits to be issued or sold by
a variety of persons, including state agen-
cies, retail dealers, and through convenient
means, including the Internet and toll-free
telephone numbers; and
(ii) may establish procedures for such
persons to account for and forward the
proceeds of sale to the Secretary.
(C) LIMITATION
ON
PERMITTING.—The
Secretary shall not be authorized to issue such
permit upon the repayment of the recreational
share of the loan obligation.
(D) OBTAINING
FISHERY
CONSERVATION
PERMIT.—Vessels registered in affected states
agreeing to pay the recreational share shall ob-
tain a fishery conservation permit from the Sec-
retary or the affected state where the vessel is
registered.
(5) PROHIBITION.—After the 240th day of the
date of enactment until the recreational share is
fully repaid under this Act, no person may engage
in recreational fishing for highly migratory species
in any closed area from a vessel of 18 feet or more
in length, unless the vessel has been issued a valid
fishery conservation permit. It shall be a rebuttable
presumption that any 18 foot or larger recreational
vessel with gear aboard capable of catching highly
migratory species shall be presumed to be fishing for
highly migratory species.
(6) DUTY
OF
PROMPT
NOTIFICATION.—The
Secretary shall immediately notify the Coast Guard,
the heads of the agencies of the affected States that
have responsibility for marine fishery law enforce-
ment, retail dealers and others who sell fishery con-
servation permits under this subsection, and the
public when—
(A) payment of the recreational share be-
gins, and
(B) the recreational share has been fully
repaid.
This shall be accomplished by a Federal Register no-
tice, direct communication, and such other means as
the Secretary determines are effective and appro-
priate.
(7) REPAYMENT.—Money received under para-
graphs (3) and (4), shall be accounted for and paid
by the Secretary into the subaccount of the Treasury
established for the repayment of the direct loan
made under section 7(i).
SEC. 10. PROHIBITED ACT UNDER MAGNUSON-STEVENS
ACT.
A person who violates this Act shall, in addition to
any other penalties provided in this Act or elsewhere, be
considered to have committed an act prohibited under sec-
tion 307(1)(A) of the Magnuson-Stevens Act (16 U.S.C.
1857(1)(A)).
SEC. 11. BILLFISH BYCATCH MORTALITY REDUCTION RE-
SEARCH PROGRAM.
(a) ESTABLISHMENT OF PROGRAM.—There is estab-
lished within the National Marine Fisheries Service at the
Southeast Fisheries Science Center a Pelagic Longline
Billfish Bycatch and Mortality Reduction Research Pro-
gram. The Program shall identify and test a variety of
pelagic longline fishing gear configurations and uses and
determine which of those configurations and uses are the
most effective in reducing billfish bycatch mortality in the
pelagic longline fisheries of the Gulf of Mexico and in the
exclusive economic zone north of the Atlantic Conservation
Zone established under section 6. The program shall also
include provision for observers to be placed on pelagic
longline fishing vessels for the purposes of monitoring the
fishery and participating in the research program. To fund
the observers, the Secretary shall collect a fee to recover
only the actual costs directly related to the observer pro-
gram in the mid-Atlantic bight to monitor billfish bycatch
and mortality and substantial net increase in vessels or
effort. Such a fee shall not exceed 1 percent of the ex-
vessel value of fish harvested in the mid-Atlantic bight,
and shall be collected at either the time of the landing,
filing of a landing report, or sale of such fish during a
fishing season in the last quarter of the calendar year in
which the fish is harvested.
(b) PROGRAM DESIGN.—The Program design shall
be developed through a scientific workshop organized and
convened by the Southeast Fisheries Science Center of the
National Marine Fisheries Service. Knowledgeable mem-
bers of the pelagic longline fishing sector and the rec-
reational billfish sector, along with scientists associated
with each such industry, shall be invited to participate on
the workshop design team. The Center shall make its best
efforts to ensure that each such sector is fairly represented
on the design team. The program design shall be sub-
mitted to the Secretary no later than the 120th calendar
day after the date of enactment of this Act and shall in-
clude a scientifically-based recommendation for the level
of observer coverage on pelagic longline fishing vessels
that is necessary to monitor the fishery effectively and
participate in the research program. The Secretary is di-
rected to aggressively monitor the mid-Atlantic bight dur-
ing the months of June, July, and August to determine
if there has been a substantial net increase in the number
of vessels or effort from the remaining pelagic longline
fleet and whether that net increase is negatively impacting
billfish bycatch. In the event the Secretary so finds, the
Secretary shall immediately report the finding to the Com-
mittee on Commerce, Science and Transportation of the
Senate and the Committee on Resources of the House of
Representatives along with his recommendations to ad-
dress the impact.
(c) REPORT TO CONGRESS.—No later than the 90th
calendar day after the third year of closure of the Gulf
Of Mexico Conservation Zone For Highly Migratory Spe-
cies under section 6(c), the Secretary shall submit a report
on the Program’s determinations to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Resources of the House of Representa-
tives. The report shall include any recommendations for
legislation that may be appropriate prior to the expiration
of the closure of the Gulf Of Mexico Conservation Zone
For Highly Migratory Species.
SEC. 12. RESTRICTIONS ON PELAGIC LONGLINE VESSELS
IN MID-ATLANTIC BIGHT.
Upon enactment of this Act, permitted pelagic
longline vessels fishing in the mid-Atlantic bight from
June through August shall not—
(1) increase their total pelagic longline effort
(defined as number of hooks and sets, length of line,
and soak time) by more than 10 percent based on
the average total effort in the mid-Atlantic bight
from 1992 through 1997, and
(2) increase days at sea in the mid-Atlantic
bight by more than 10 percent based on the average
days at sea from 1992 through 1997.
SEC. 13. INTERIM REGULATIONS.
(a) INTERIM REGULATIONS.—The Secretary may not
propose, approve or implement before a date that is either
one year after the date on which the Secretary submits
its report to Congress on the results of the Billfish By-
catch Mortality Reduction Research Program under sec-
tion 11(c) or four years from the date of enactment of
this Act, whichever is later, any rules or regulations that
have the effect of establishing any time-area closures for
pelagic longline fishing in the Atlantic by United States
fishing vessels that are in addition to, or otherwise expand,
those time-area closures established under this Act.
(b) EXCEPTION.—The prohibition set forth in sub-
section (b) shall not apply—
(1) to rules or regulations necessary to imple-
ment any future recommendation of ICCAT or Act
of Congress;
(2) to strictly technical and conforming correc-
tions to those time-area closures established under
this Act that the Secretary finds are necessary for
public safety and enforcement of this Act; or
(3) if the Secretary, after consultation with the
Commissioners appointed under the Atlantic Tunas
Convention Act, finds that—
(A) fishing by United States pelagic
longline fishing vessels is causing an emergency
with respect to the conservation of an Atlantic
highly migratory species of fish;
(B) such emergency can not or will not be
addressed by the International Commission for
the Conservation of Atlantic Tunas in a timely
manner; and
(C) time-area closures for pelagic longline
fishing in the Atlantic by United States fishing
vessels that are in addition to, or otherwise ex-
pand, those time-area closures established
under this Act are necessary to address such
emergency and there are no other practicable
means available to address such emergency.
SEC. 14. VESSEL MONITORING DEVICE.
(a) VESSEL MONITORING DEVICE REQUIREMENT.—
After the 165th day after the date of enactment of this
Act, no pelagic longline vessel shall operate within the At-
lantic highly migratory species fishery without a vessel
monitoring device approved by the Secretary.
(b) LIMITATION ON REQUIREMENT.—No vessel ac-
cepting the buyout under section 7 will be required to
carry a vessel monitoring device.
(c) RESPONSIBILITY
OF
THE
SECRETARY
FOR
COSTS.—Any costs attributable to the purchase and in-
stallation of vessel monitoring devices on any pelagic
longline vessel fishing in the Atlantic highly migratory spe-
cies fishery that is required to carry such a device under
this section shall be the responsibility of the Secretary.
SEC. 15. NULLIFICATION.
If Congress fails to appropriate funds adequate to
complete the buyout under section 7, then no provision
of this Act shall be effective. If the Congress fails to ap-
propriate funds adequate to place vessel monitoring de-
vices on vessels, then the requirement to carry such de-
vices shall have no effect.
SEC. 16. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the
Secretary—
(1) $250,000 per fiscal year as the cost of car-
rying out the compensation program;
(2) $2,250,000 for vessel monitoring devices;
and
(3) $3,000,000 for research;
plus such other sums as may be necessary for carrying
out all other functions in the Act. In addition, there are
authorized to be appropriated to the Secretary not more
than $400,000 for the Southeast Fisheries Science Center
to conduct additional research on billfish and swordfish.
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