124 STAT. 2960 PUBLIC LAW 111–281—OCT. 15, 2010 Stat. 2681–627) and is eligible for a fishery endorsement under this section; or ‘‘(D) the vessel is a fish tender vessel that is not engaged in the harvesting or processing of fish.’’. (b) CONFORMING AMENDMENTS.— (1) VESSEL REBUILDING AND REPLACEMENT.—Section 208(g) of the American Fisheries Act (title II of division C of Public Law 105–277; 112 Stat. 2681–627) is amended to read as fol- lows: ‘‘(g) VESSEL REBUILDING AND REPLACEMENT.— ‘‘(1) IN GENERAL.— ‘‘(A) REBUILD OR REPLACE.—Notwithstanding any limitation to the contrary on replacing, rebuilding, or lengthening vessels or transferring permits or licenses to a replacement vessel contained in sections 679.2 and 679.4 of title 50, Code of Federal Regulations, as in effect on the date of enactment of the Coast Guard Authorization Act of 2010 and except as provided in paragraph (4), the owner of a vessel eligible under subsection (a), (b), (c), (d), or (e), in order to improve vessel safety and operational efficiencies (including fuel efficiency), may rebuild or replace that vessel (including fuel efficiency) with a vessel documented with a fishery endorsement under section 12113 of title 46, United States Code. ‘‘(B) SAME REQUIREMENTS.—The rebuilt or replacement vessel shall be eligible in the same manner and subject to the same restrictions and limitations under such sub- section as the vessel being rebuilt or replaced. ‘‘(C) TRANSFER OF PERMITS AND LICENSES.—Each fishing permit and license held by the owner of a vessel or vessels to be rebuilt or replaced under subparagraph (A) shall be transferred to the rebuilt or replacement vessel or its owner, as necessary to permit such rebuilt or replace- ment vessel to operate in the same manner as the vessel prior to the rebuilding or the vessel it replaced, respec- tively. ‘‘(2) RECOMMENDATIONS OF NORTH PACIFIC FISHERY MANAGEMENT COUNCIL.—The North Pacific Fishery Manage- ment Council may recommend for approval by the Secretary such conservation and management measures, including size limits and measures to control fishing capacity, in accordance with the Magnuson-Stevens Act as it considers necessary to ensure that this subsection does not diminish the effectiveness of fishery management plans of the Bering Sea and Aleutian Islands Management Area or the Gulf of Alaska. ‘‘(3) SPECIAL RULE FOR REPLACEMENT OF CERTAIN VES- SELS.— ‘‘(A) IN GENERAL.—Notwithstanding the requirements of subsections (b)(2), (c)(1), and (c)(2) of section 12113 of title 46, United States Code, a vessel that is eligible under subsection (a), (b), (c), or (e) and that qualifies to be docu- mented with a fishery endorsement pursuant to section 213(g) may be replaced with a replacement vessel under paragraph (1) if the vessel that is replaced is validly docu- mented with a fishery endorsement pursuant to section 213(g) before the replacement vessel is documented with 16 USC 1851 note.
