PUBLIC LAW 109–479—JAN. 12, 2007
120 STAT. 3589
‘‘(vi) develop and submit a regional fishery association plan to the Council and the Secretary for approval based on criteria developed by the Council that have been approved by the Secretary and published in the Federal Register. ‘‘(B) FAILURE TO COMPLY WITH PLAN.—The Secretary shall deny or revoke limited access privileges granted under this section to any person participating in a regional fishery association who fails to comply with the requirements of the regional fishery association plan. ‘‘(C) PARTICIPATION CRITERIA.—In developing participation criteria for eligible regional fishery associations under this paragraph, a Council shall consider— ‘‘(i) traditional fishing or processing practices in, and dependence on, the fishery; ‘‘(ii) the cultural and social framework relevant to the fishery; ‘‘(iii) economic barriers to access to fishery; ‘‘(iv) the existence and severity of projected economic and social impacts associated with implementation of limited access privilege programs on harvesters, captains, crew, processors, and other businesses substantially dependent upon the fishery in the region or subregion; ‘‘(v) the administrative and fiduciary soundness of the association; and ‘‘(vi) the expected effectiveness, operational transparency, and equitability of the fishery association plan. ‘‘(5) ALLOCATION.—In developing a limited access privilege program to harvest fish a Council or the Secretary shall— ‘‘(A) establish procedures to ensure fair and equitable initial allocations, including consideration of— ‘‘(i) current and historical harvests; ‘‘(ii) employment in the harvesting and processing sectors; ‘‘(iii) investments in, and dependence upon, the fishery; and ‘‘(iv) the current and historical participation of fishing communities; ‘‘(B) consider the basic cultural and social framework of the fishery, especially through— ‘‘(i) the development of policies to promote the sustained participation of small owner-operated fishing vessels and fishing communities that depend on the fisheries, including regional or port-specific landing or delivery requirements; and ‘‘(ii) procedures to address concerns over excessive geographic or other consolidation in the harvesting or processing sectors of the fishery; ‘‘(C) include measures to assist, when necessary and appropriate, entry-level and small vessel owner-operators, captains, crew, and fishing communities through set-asides of harvesting allocations, including providing privileges, which may include set-asides or allocations of harvesting privileges, or economic assistance in the purchase of limited access privileges;
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