Page:United States Statutes at Large Volume 120.djvu/3619

 120 STAT. 3588

Criteria. Federal Register, publication.

VerDate 14-DEC-2004

12:05 Jul 13, 2007

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PUBLIC LAW 109–479—JAN. 12, 2007 and economic development needs of coastal communities, including those that have not historically had the resources to participate in the fishery, for approval based on criteria developed by the Council that have been approved by the Secretary and published in the Federal Register. ‘‘(ii) FAILURE TO COMPLY WITH PLAN.—The Secretary shall deny or revoke limited access privileges granted under this section for any person who fails to comply with the requirements of the community sustainability plan. Any limited access privileges denied or revoked under this section may be reallocated to other eligible members of the fishing community. ‘‘(B) PARTICIPATION CRITERIA.—In developing participation criteria for eligible communities under this paragraph, a Council shall consider— ‘‘(i) traditional fishing or processing practices in, and dependence on, the fishery; ‘‘(ii) the cultural and social framework relevant to the fishery; ‘‘(iii) economic barriers to access to fishery; ‘‘(iv) the existence and severity of projected economic and social impacts associated with implementation of limited access privilege programs on harvesters, captains, crew, processors, and other businesses substantially dependent upon the fishery in the region or subregion; ‘‘(v) the expected effectiveness, operational transparency, and equitability of the community sustainability plan; and ‘‘(vi) the potential for improving economic conditions in remote coastal communities lacking resources to participate in harvesting or processing activities in the fishery. ‘‘(4) REGIONAL FISHERY ASSOCIATIONS.— ‘‘(A) IN GENERAL.—To be eligible to participate in a limited access privilege program to harvest fish, a regional fishery association shall— ‘‘(i) be located within the management area of the relevant Council; ‘‘(ii) meet criteria developed by the relevant Council, approved by the Secretary, and published in the Federal Register; ‘‘(iii) be a voluntary association with established by-laws and operating procedures; ‘‘(iv) consist of participants in the fishery who hold quota share that are designated for use in the specific region or subregion covered by the regional fishery association, including commercial or recreational fishing, processing, fishery-dependent support businesses, or fishing communities; ‘‘(v) not be eligible to receive an initial allocation of a limited access privilege but may acquire such privileges after the initial allocation, and may hold the annual fishing privileges of any limited access privileges it holds or the annual fishing privileges that is members contribute; and

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