Page:United States Statutes at Large Volume 120.djvu/3641

 120 STAT. 3610

Applicability.

VerDate 14-DEC-2004

12:05 Jul 13, 2007

PUBLIC LAW 109–479—JAN. 12, 2007

(iii) shall not exceed 1 million pounds per entity during any calendar year. (B) The authority provided in paragraph (1)(B) shall— (i) apply only to an entity which was initially awarded both catcher/processor owner quota shares, and processor quota shares under the plan (in combination with the processor quota shares of its commonly owned affiliates) of more than 7 percent of the Bering Sea/Aleutian Island processor quota shares; (ii) be limited to catcher vessel quota shares initially awarded to such entity and its commonly owned affiliates; and (iii) shall not exceed 1 million pounds per entity during any calendar year. (3) EXCHANGE RATE.—The entities referred to in paragraph (1) shall receive under the amendment 1 unit of newly created catcher/processor owner quota shares in exchange for 1 unit of catcher vessel owner quota shares and 0.9 units of processor quota shares. (4) AREA OF VALIDITY.—Each unit of newly created catcher/ processor owner quota shares under this subsection shall only be valid for the Northern Region. (b) FEES.— (1) LOCAL FEES.—The holder of the newly created catcher/ processor owner quota shares under subsection (a) shall pay a fee of 5 percent of the ex-vessel value of the crab harvested pursuant to those shares to any local governmental entities in the Northern Region if the processor quota shares used to produce those newly created catcher/processor owner quota shares were originally derived from the processing activities that occurred in a community under the jurisdiction of those local governmental entities. (2) STATE FEE.—The State of Alaska may collect from the holder of the newly created catcher/processor owner quota shares under subsection (a) a fee of 1 percent of the ex-vessel value of the crab harvested pursuant to those shares. (c) OFF-LOADING REQUIREMENT.—Crab harvested pursuant to catcher/processor owner quota shares created under this subsection shall be off-loaded in those communities receiving the local governmental entities fee revenue set forth in subsection (b)(1). (d) PERIODIC COUNCIL REVIEW.—As part of its periodic review of the plan, the North Pacific Fishery Management Council may review the effect, if any, of this subsection upon communities in the Northern Region. If the Council determines that this section adversely affects the communities, the Council may recommend to the Secretary of Commerce, and the Secretary may approve, such changes to the plan as are necessary to mitigate those adverse effects. (e) USE CAPS.— (1) IN GENERAL.—Notwithstanding sections 680.42(b)(ii)(2) and 680.7(a)(ii)(7) of title 50, Code of Federal Regulations, custom processing arrangements shall not count against any use cap for the processing of opilio crab in the Northern Region so long as such crab is processed in the Northern Region by a shore-based crab processor. (2) SHORE-BASED CRAB PROCESSOR DEFINED.—In this paragraph, the term ‘‘shore-based crab processor’’ means any person

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