120 STAT. 3608
PUBLIC LAW 109–479—JAN. 12, 2007
(2) the biomass rebuilding target previously applicable to such stock will be met or exceeded within the new time for rebuilding; (3) the extension period is based on the status and biology of the stock and the rate of rebuilding; (4) monitoring will ensure rebuilding continues; (5) the extension meets the requirements of section 301(a)(1) of that Act (16 U.S.C. 1851(a)(1)); and (6) the best scientific information available shows that the extension will allow continued rebuilding. (b) AUTHORITY.—Nothing in this section shall be construed to amend the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851 et seq.) or to limit or otherwise alter the authority of the Secretary under that Act concerning other species. SEC. 121. SOUTHEAST ALASKA FISHERIES COMMUNITIES CAPACITY REDUCTION.
Section 209 of the Department of Commerce and Related Agencies Appropriations Act, 2005 (Public Law 108–447; 118 Stat. 2884) is amended— (1) by inserting ‘‘(a) IN GENERAL.—’’ after ‘‘SEC. 209.’’; (2) by striking ‘‘is authorized to’’ in the first sentence and inserting ‘‘shall’’; (3) by striking ‘‘$50,000,000’’ and all that follows in the first sentence and inserting ‘‘up to $25,000,000 pursuant to section 57735 of title 46, United States Code.’’; (4) by striking the third sentence and inserting: ‘‘The loan shall have a term of 40 years.’’; and (5) by adding at the end the following: ‘‘(b) SOUTHEAST ALASKA FISHERIES PROGRAM.— ‘‘(1) CONDUCT OF PROGRAM BY RSA.—The program described in subsection (a) shall be conducted under Alaska law by the Southeast Revitalization Association. ‘‘(2) TREATMENT UNDER CHAPTER 577 OF TITLE 46.—For purposes of section 57735 of title 46, United States Code, the program shall be considered to be a program established under section 312 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a). ‘‘(3) APPLICATION OF MAGNUSON-STEVENS ACT.—Notwithstanding paragraph (2), the program shall not be subject to section 312 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a), except for subsections (b)(1)(C) and (d) of that section. ‘‘(c) SOUTHEAST ALASKA FISHERIES PROGRAM APPROVAL AND REFERENDUM.— ‘‘(1) IN GENERAL.—The Secretary of Commerce may approve a capacity reduction plan submitted by the Southeast Revitalization Association under subsection (b). ‘‘(2) REFERENDUM.—The Secretary shall conduct an industry fee system referendum for the buyback under the program in accordance with section 312(d)(1) of the MagnusonStevens Fishery Conservation and Management Act (16 U.S.C. 1861a), except that— ‘‘(A) no Council request and no consultation shall be required; and
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