Page:United States Statutes at Large Volume 112 Part 4.djvu/649

 PUBLIC LAW 105-277—OCT. 21, 1998 112 STAT. 2681-620 (d) VESSELS MEASURING LESS THAN 100 FEET. —The Secretary 46 USC 12102 of Transportation shall establish such requirements as are reason- note. able and necessary to demonstrate compliance with section 12102(c) of title 46, United States Code, as amended by this Act, with respect to vessels measuring less than 100 feet in registered length, and shall seek to minimize the administrative burden on individuals who own and operate such vessels. (e) ENDORSEMENTS REVOKED.— The Secretary of Transportation 46 USC 12102 shall revoke the fishery endorsement of any vessel subject to section note. 12102(c) of title 46, United States Code, as amended by this Act, whose owner does not comply with such section. (f) PENALTY.—Section 12122 of title 46, United States Code, is amended by inserting at the end the following new subsection: "(c) In addition to penalties under subsections (a) and (b), the owner of a documented vessel for which a fishery endorsement has been issued is liable to the United States Government for a civil penalty of up to $100,000 for each day in which such vessel has engaged in fishing (as such term is defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802)) within the exclusive economic zone of the United States, if the owner or the representative or agent of the owner knowingly falsified or concealed a material fact, or knowingly made a false statement or representation with respect to the eligibility of the vessel under section 12102(c) of this title in applying for or applying to renew such fishery endorsement.". (g) CERTAIN VESSELS. — The vessels EXCELLENCE (United States official number 967502), GOLDEN ALASKA (United States official number 651041), OCEAN PHOENIX (United States official number 296779), 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) shall be exempt from section 12102(c), as amended by this Act, until such time after October 1, 2001 as more than 50 percent of the interest owned and controlled in the vessel changes, provided that the vessel maintains eligibility for a fishery endorsement under the federal law that was in effect the day before the date of the enactment of this Act, and unless, in the case of the NORTHERN TRAVELER or the NORTHERN VOY- AGER (or such replacement), the vessel is used in any fishery under the authority of a regional fishery management council other than the New England Fishery Management Council or Mid-Atlantic Fishery Management Council established, respectively, under subparagraphs (A) and (B) of section 302(a)(1) of the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(a)(1)(A) and (B)), or in the case of the EXCELLENCE, GOLD- EN ALASKA, or OCEAN PHOENIX, the vessel is used to harvest any fish. SEC. 204. REPEAL OF OWNERSHIP SAVINGS CLAUSE. (a) REPEAL.—Section 7(b) of the Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987 (Public Law 100-239; 46 U.S.C. 12102 note) is hereby repealed. (b) EFFECTIVE DATE. —Subsection (a) shall take effect on Octo- 46 USC 12102 ber 1, 2001. note.

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