Pub. L. 104-134, tit. II, sec. 211

Sec. 211. Section 308(d) of the Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 4107(d)) is amended— (1) in the heading, by striking “Grants” and inserting “Assistance”; (2) in paragraph (1), by striking “award grants to persons engaged in commercial fisheries, for uninsured losses determined by the Secretary to have been suffered” and inserting “help persons engaged in commercial fisheries, either by providing assistance directly to those persons or by providing assistance indirectly through States and local government agencies and nonprofit organizations, for projects or other measures 110 STAT. 1321–32to alleviate harm determined by the Secretary to have been incurred”; (3) in paragraph (3), by striking “a grant” and inserting “direct assistance to a person”; (4) in paragraph (3), by striking “gross revenues annually,” and inserting “net revenues annually from commercial fishing,”; (5) by striking paragraph (4) and inserting the following: “(4) (A) Assistance may not be provided under this subsection as part of a fishing capacity reduction program in a fishery unless the Secretary determines that adequate conservation and management measures are in place in that fishery. “(B) As a condition of awarding assistance with respect to a vessel under a fishing capacity reduction program, the Secretary shall— “(i) prohibit the vessel from being used for fishing; and “(ii) require that the vessel be— “(I) scrapped or otherwise disposed of in a manner approved by the Secretary; or “(II) donated to a nonprofit organization and thereafter used only for purposes of research, education, or training; or “(III) used for another non-fishing purpose provided the Secretary determines that adequate measures are in place to ensure that the vessel cannot reenter any fishery. “(C) A vessel that is prohibited from fishing under subparagraph (B) shall not be eligible for a fishery endorsement under section 12108(a) of title 46, United States Code, and any such endorsement for the vessel shall not be effective.”; and (6) in paragraph (5), by striking “for awarding grants” and all that follows through the end of the paragraph and inserting “for receiving assistance under this subsection.”.