ELIGIBLE VESSELS AND PROCESSORS.

SEC. 208. ELIGIBLE VESSELS AND PROCESSORS. (a) Catcher Vessels Onshore.—Effective January 1, 2000, only catcher vessels which are— (1) determined by the Secretary— (A) to have delivered at least 250 metric tons of pollock; or (B) to be less than 60 feet in length overall and to have delivered at least 40 metric tons of pollock, for processing by the inshore component in the directed pollock fishery in any one of the years 1996 or 1997, or between January 1,1998 and September 1, 1998; (2) eligible to harvest pollock in the directed pollock fishery under the license limitation program recommended by the North Pacific Council and approved by the Secretary; and (3) not listed in subsection (b), shall be eligible to harvest the directed fishing allowance under section 206(b)(1) pursuant to a federal fishing permit. (b) Catcher Vessels to Catcher/Processors.—Effective January 1, 1999, only the following catcher vessels shall be eligible to harvest the directed fishing allowance under section 206(b)(2) pursuant to a federal fishing permit: (1) AMERICAN CHALLENGER (United States official number 615085); (2) FORUM STAR (United States official number 925863); (3) MUIR MILACH (United States official number 611524); (4) NEAHKAHNIE (United States official number 599534); (5) OCEAN HARVESTER (United States official number 549892); (6) SEA STORM (United States official number 628959); (7) TRACY ANNE (United States official number 904859); and (8) any catcher vessel— (A) determined by the Secretary to have delivered at least 250 metric tons and at least 75 percent of the pollock it harvested in the directed pollock fishery in 1997 to catcher/processors for processing by the offshore component; and (B) eligible to harvest pollock in the directed pollock fishery under the license limitation program recommended by the North Pacific Council and approved by the Secretary. (c) Catcher Vessels to Motherships.—Effective January 1, 2000, only the following catcher vessels shall be eligible to harvest the directed fishing allowance under section 206(b)(3) pursuant to a federal fishing permit: (1) ALEUTIAN CHALLENGER (United States official number 603820); (2) ALYESKA (United States official number 560237); (3) AMBER DAWN (United States official number 529425); (4) AMERICAN BEAUTY (United States official number 613847); (5) CALIFORNIA HORIZON (United States official number 590758); (6) MAR-GUN (United States official number 525608); (7) MARGARET LYN (United States official number 615563); (8) MARK I (United States official number 509552); (9) MISTY DAWN (United States official number 926647);112 STAT. 2681–625 (10) NORDIC FURY (United States official number 542651); (11) OCEAN LEADER (United States official number 561518); (12) OCEANIC (United States official number 602279); (13) PACIFIC ALLIANCE (United States official number 612084); (14) PACIFIC CHALLENGER (United States official number 518937); (15) PACIFIC FURY (United States official number 561934); (16) PAPADO II (United States official number 536161); (17) TRAVELER (United States official number 929356); (18) VESTERAALEN (United States official number 611642); (19) WESTERN DAWN (United States official number 524423); and (20) any vessel— (A) determined by the Secretary to have delivered at least 250 metric tons of pollock for processing by motherships in the offshore component of the directed pollock fishery in any one of the years 1996 or 1997, or between January 1,1998 and September 1,1998; (B) eligible to harvest pollock in the directed pollock fishery under the license limitation program recommended by the North Pacific Council and approved by the Secretary; and (C) not listed in subsection (b). (d) Motherships.—Effective January 1, 2000, only the following motherships shall be eligible to process the directed fishing allowance under section 206(b)(3) pursuant to a federal fishing permit: (1) EXCELLENCE (United States official number 967502); (2) GOLDEN ALASKA (United States official number 651041); and (3) OCEAN PHOENIX (United States official number 296779). (e) Catcher/Processors.—Effective January 1, 1999, only the following catcher/processors shall be eligible to harvest the directed fishing allowance under section 206(b)(2) pursuant to a federal fishing permit: (1) AMERICAN DYNASTY (United States official number 951307); (2) KATIE ANN (United States official number 518441); (3) AMERICAN TRIUMPH (United States official number 646737); (4) NORTHERN EAGLE (United States official number 506694); (5) NORTHERN HAWK (United States official number 643771); (6) NORTHERN JAEGER (United States official number 521069); (7) OCEAN ROVER (United States official number 552100); (8) ALASKA OCEAN (United States official number 637856); (9) ENDURANCE (United States official number 592206);112 STAT. 2681–626 (10) AMERICAN ENTERPRISE (United States official number 594803); (11) ISLAND ENTERPRISE (United States official number 610290); (12) KODIAK ENTERPRISE (United States official number 579450); (13) SEATTLE ENTERPRISE (United States official number 904767); (14) US ENTERPRISE (United States official number 921112); (15) ARCTIC STORM (United States official number 903511); (16) ARCTIC FJORD (United States official number 940866); (17) NORTHERN GLACIER (United States official number 663457); (18) PACIFIC GLACIER (United States official number 933627); (19) HIGHLAND LIGHT (United States official number 577044); (20) STARBOUND (United States official number 944658); and (21) any catcher/processor not listed in this subsection and determined by the Secretary to have harvested more than 2,000 metric tons of the pollock in the 1997 directed pollock fishery and determined to be eligible to harvest pollock in the directed pollock fishery under the license limitation program recommended by the North Pacific Council and approved by the Secretary, except that catcher/processors eligible under this paragraph shall be prohibited from harvesting in the aggregate a total of more than one-half (0.5) of a percent of the pollock apportioned for the directed pollock fishery under section 206(b)(2). Notwithstanding section 213(a), failure to satisfy the requirements of section 4(a) of the Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987 (Public Law 100–239; 46 U.S.C. 12108 note) shall not make a catcher/processor listed under this subsection ineligible for a fishery endorsement. (f) Shoreside Processors.—(1) Effective January 1, 2000 and except as provided in paragraph (2), the catcher vessels eligible under subsection (a) may deliver pollock harvested from the directed fishing allowance under section 206(b)(1) only to— (A) shoreside processors (including vessels in a single geographic location in Alaska State waters) determined by the Secretary to have processed more than 2,000 metric tons round-weight of pollock in the inshore component of the directed pollock fishery during each of 1996 and 1997; and (B) shoreside processors determined by the Secretary to have processed pollock in the inshore component of the directed pollock fishery in 1996 or 1997, but to have processed less than 2,000 metric tons round-weight of such pollock in each year, except that effective January 1, 2000, each such shoreside processor may not process more than 2,000 metric tons round-weight from such directed fishing allowance in any year. (2) Upon recommendation by the North Pacific Council, the Secretary may approve measures to allow catcher vessels eligible under subsection (a) to deliver pollock harvested from the directed 112 STAT. 2681–627fishing allowance under section 206(b)(1) to shoreside processors not eligible under paragraph (1) if the total allowable catch for pollock in the Bering Sea and Aleutian Islands Management Area increases by more than 10 percent above the total allowable catch in such fishery in 1997, or in the event of the actual total loss or constructive total loss of a shoreside processor eligible under paragraph (1)(A). (g) Replacement Vessels.—In the event of the actual total loss or constructive total loss of a vessel eligible under subsections (a), (b), (c), (d), or (e), the owner of such vessel may replace such vessel with a vessel which shall be eligible in the same manner under that subsection as the eligible vessel, provided that— (1) such loss was caused by an act of God, an act of war, a collision, an act or omission of a party other than the owner or agent of the vessel, or any other event not caused by the willful misconduct of the owner or agent; (2) the replacement vessel was built in the United States and if ever rebuilt, was rebuilt in the United States; (3) the fishery endorsement for the replacement vessel is issued within 36 months of the end of the last year in which the eligible vessel harvested or processed pollock in the directed pollock fishery; (4) if the eligible vessel is greater than 165 feet in registered length, of more than 750 gross registered tons, or has engines capable of producing more than 3,000 shaft horsepower, the replacement vessel is of the same or lesser registered length, gross registered tons, and shaft horsepower; (5) if the eligible vessel is less than 165 feet in registered length, of fewer than 750 gross registered tons, and has engines incapable of producing less than 3,000 shaft horsepower, the replacement vessel is less than each of such thresholds and does not exceed by more than 10 percent the registered length, gross registered tons or shaft horsepower of the eligible vessel; and (6) the replacement vessel otherwise qualifies under federal law for a fishery endorsement, including under section 12102(c) of title 46, United States Code, as amended by this Act. (h) Eligibility During Implementation.—In the event the Secretary is unable to make a final determination about the eligibility of a vessel under subsection (b)(8) or subsection (e)(21) before January 1, 1999, or a vessel or shoreside processor under subsection (a), subsection (c)(21), or subsection (f) before January 1, 2000, such vessel or shoreside processor, upon the filing of an application for eligibility, shall be eligible to participate in the directed pollock fishery pending final determination by the Secretary with respect to such vessel or shoreside processor. (i) Eligibility Not a Right.—Eligibility under this section shall not be construed— (1) to confer any right of compensation, monetary or otherwise, to the owner of any catcher vessel, catcher/processor, mothership, or shoreside processor if such eligibility is revoked or limited in any way, including through the revocation or limitation of a fishery endorsement or any federal permit or license; (2) to create any right, title, or interest in or to any fish in any fishery; or112 STAT. 2681–628 (3) to waive any provision of law otherwise applicable to such catcher vessel, catcher/processor, mothership, or shoreside processor.