PUBLIC LAW 105-258—OCT. 14, 1998 112 STAT. 1917 (b) The Secretary of Commerce may not issue a guarantee or a commitment to guarantee a loan for the construction, reconstruction, or reconditioning of a fishing vessel under the authority of title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1271 et seq.) if the fishing vessel operator has been— (1) held liable or liable in rem for a civil penalty pursuant to section 308 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1858) and not paid the penalty; (2) found guilty of an offense pursuant to section 309 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1859) and not paid the assessed fine or served the assessed sentence; (3) held liable for a civil or criminal penalty pursuant to section 105 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1375) and not paid the assessed fine or served the assessed sentence; or (4) held liable for a civil penalty by the Coast Guard pursuant to title 33 or 46, United States Code, and not paid the assessed fine. Approved October 14, 1998. LEGISLATIVE fflSTORY—S. 414: SENATE REPORTS: No. 105-61 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 144 (1998): Apr. 3, 21, considered and passed Senate. Aug. 4, considered and passed House, amended. ' Oct. 1, Senate concurred in House amendment.