Page:United States Statutes at Large Volume 124.djvu/2987

 124 STAT. 2961 PUBLIC LAW 111–281—OCT. 15, 2010 a fishery endorsement under section 12113 of title 46, United States Code. ‘‘(B) APPLICABILITY.—A replacement vessel under subparagraph (A) and its owner and mortgagee are subject to the same limitations under section 213(g) that are applicable to the vessel that has been replaced and its owner and mortgagee. ‘‘(4) SPECIAL RULES FOR CERTAIN CATCHER VESSELS.— ‘‘(A) IN GENERAL.—A replacement for a covered vessel described in subparagraph (B) is prohibited from harvesting fish in any fishery (except for the Pacific whiting fishery) managed under the authority of any Regional Fishery Management Council (other than the North Pacific Fishery Management Council) established under section 302(a) of the Magnuson-Stevens Act. ‘‘(B) COVERED VESSELS.—A covered vessel referred to in subparagraph (A) is— ‘‘(i) a vessel eligible under subsection (a), (b), or (c) that is replaced under paragraph (1); or ‘‘(ii) a vessel eligible under subsection (a), (b), or (c) that is rebuilt to increase its registered length, gross tonnage, or shaft horsepower. ‘‘(5) LIMITATION ON FISHERY ENDORSEMENTS.—Any vessel that is replaced under this subsection shall thereafter not be eligible for a fishery endorsement under section 12113 of title 46, United States Code, unless that vessel is also a replacement vessel described in paragraph (1). ‘‘(6) GULF OF ALASKA LIMITATION.—Notwithstanding para- graph (1), the Secretary shall prohibit from participation in the groundfish fisheries of the Gulf of Alaska any vessel that is rebuilt or replaced under this subsection and that exceeds the maximum length overall specified on the license that authorizes fishing for groundfish pursuant to the license limita- tion program under part 679 of title 50, Code of Federal Regula- tions, as in effect on the date of enactment of the Coast Guard Authorization Act of 2010. ‘‘(7) AUTHORITY OF PACIFIC COUNCIL.—Nothing in this sec- tion shall be construed to diminish or otherwise affect the authority of the Pacific Council to recommend to the Secretary conservation and management measures to protect fisheries under its jurisdiction (including the Pacific whiting fishery) and participants in such fisheries from adverse impacts caused by this Act.’’. (2) REPEAL OF EXEMPTION OF CERTAIN VESSELS.—Section 203(g) of the American Fisheries Act (title II of division C of Public Law 105–277; 112 Stat. 2681–620) is repealed. (3) FISHERY COOPERATIVE EXIT PROVISIONS.—Section 210(b) of the American Fisheries Act (title II of division C of Public Law 105–277; 112 Stat. 2681–629) is amended— (A) by moving the matter beginning with ‘‘the Secretary shall’’ in paragraph (1) 2 ems to the right; and (B) by adding at the end the following: ‘‘(7) FISHERY COOPERATIVE EXIT PROVISIONS.— ‘‘(A) FISHING ALLOWANCE DETERMINATION.—For pur- poses of determining the aggregate percentage of directed fishing allowances under paragraph (1), when a catcher 16 USC 1851 note.