120 STAT. 3586
PUBLIC LAW 109–479—JAN. 12, 2007 (7) by redesignating paragraph (12) as paragraph (14) and inserting after paragraph (11) the following: ‘‘(12) include management measures in the plan to conserve target and non-target species and habitats, considering the variety of ecological factors affecting fishery populations; and’’.
SEC. 106. LIMITED ACCESS PRIVILEGE PROGRAMS.
(a) IN GENERAL.—Title III (16 U.S.C. 1851 et seq.) is amended— (1) by striking section 303(d); and (2) by inserting after section 303 the following:
16 USC 1853. 16 USC 1853a.
‘‘SEC. 303A. LIMITED ACCESS PRIVILEGE PROGRAMS.
‘‘(a) IN GENERAL.—After the date of enactment of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006, a Council may submit, and the Secretary may approve, for a fishery that is managed under a limited access system, a limited access privilege program to harvest fish if the program meets the requirements of this section. ‘‘(b) NO CREATION OF RIGHT, TITLE, OR INTEREST.—Limited access privilege, quota share, or other limited access system authorization established, implemented, or managed under this Act— ‘‘(1) shall be considered a permit for the purposes of sections 307, 308, and 309; ‘‘(2) may be revoked, limited, or modified at any time in accordance with this Act, including revocation if the system is found to have jeopardized the sustainability of the stock or the safety of fishermen; ‘‘(3) shall not confer any right of compensation to the holder of such limited access privilege, quota share, or other such limited access system authorization if it is revoked, limited, or modified; ‘‘(4) shall not create, or be construed to create, any right, title, or interest in or to any fish before the fish is harvested by the holder; and ‘‘(5) shall be considered a grant of permission to the holder of the limited access privilege or quota share to engage in activities permitted by such limited access privilege or quota share. ‘‘(c) REQUIREMENTS FOR LIMITED ACCESS PRIVILEGES.— ‘‘(1) IN GENERAL.—Any limited access privilege program to harvest fish submitted by a Council or approved by the Secretary under this section shall— ‘‘(A) if established in a fishery that is overfished or subject to a rebuilding plan, assist in its rebuilding; ‘‘(B) if established in a fishery that is determined by the Secretary or the Council to have over-capacity, contribute to reducing capacity; ‘‘(C) promote— ‘‘(i) fishing safety; ‘‘(ii) fishery conservation and management; and ‘‘(iii) social and economic benefits; ‘‘(D) prohibit any person other than a United States citizen, a corporation, partnership, or other entity established under the laws of the United States or any State, or a permanent resident alien, that meets the eligibility and participation requirements established in the program from acquiring a privilege to harvest fish, including any
12:05 Jul 13, 2007