PUBLIC LAW 109–479—JAN. 12, 2007
120 STAT. 3593
‘‘(B) the first-time purchase of limited access privileges in that fishery by entry level fishermen. ‘‘(2) ELIGIBILITY CRITERIA.—A Council making a submission under paragraph (1) shall recommend criteria, consistent with the provisions of this Act, that a fisherman must meet to qualify for guarantees under subparagraphs (A) and (B) of paragraph (1) and the portion of funds to be allocated for guarantees under each subparagraph. ‘‘(h) EFFECT ON CERTAIN EXISTING SHARES AND PROGRAMS.— Nothing in this Act, or the amendments made by the MagnusonStevens Fishery Conservation and Management Reauthorization Act of 2006, shall be construed to require a reallocation or a reevaluation of individual quota shares, processor quota shares, cooperative programs, or other quota programs, including sector allocation in effect before the date of enactment of the MagnusonStevens Fishery Conservation and Management Reauthorization Act of 2006. ‘‘(i) TRANSITION RULES.— ‘‘(1) IN GENERAL.—The requirements of this section shall not apply to any quota program, including any individual quota program, cooperative program, or sector allocation for which a Council has taken final action or which has been submitted by a Council to the Secretary, or approved by the Secretary, within 6 months after the date of enactment of the MagnusonStevens Fishery Conservation and Management Reauthorization Act of 2006, except that— ‘‘(A) the requirements of section 303(d) of this Act in effect on the day before the date of enactment of that Act shall apply to any such program; ‘‘(B) the program shall be subject to review under subsection (c)(1)(G) of this section not later than 5 years after the program implementation; and ‘‘(C) nothing in this subsection precludes a Council from incorporating criteria contained in this section into any such plans. ‘‘(2) PACIFIC GROUNDFISH PROPOSALS.—The requirements of this section, other than subparagraphs (A) and (B) of subsection (c)(1) and subparagraphs (A), (B), and (C) of paragraph (1) of this subsection, shall not apply to any proposal authorized under section 302(f) of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 that is submitted within the timeframe prescribed by that section.’’. (b) FEES.—Section 304(d)(2)(A) (16 U.S.C. 1854(d)(2)(A)) is amended by striking ‘‘management and enforcement’’ and inserting ‘‘management, data collection, and enforcement’’. (c) INVESTMENT IN UNITED STATES SEAFOOD PROCESSING FACILITIES.—The Secretary of Commerce shall work with the Small Business Administration and other Federal agencies to develop financial and other mechanisms to encourage United States investment in seafood processing facilities in the United States for fisheries that lack capacity needed to process fish harvested by United States vessels in compliance with the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). (d) CONFORMING AMENDMENT.—Section 304(d)(2)(C)(i) (16 U.S.C. 1854(d)(2)(C)(i)) is amended by striking ‘‘section 305(h)(5)(B)’’ and all that follows and inserting ‘‘section 305(h)(5)(B).’’.
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