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S. 1912 (is) To facilitate the growth of electronic commerce and enable the [Introduced in Senate] ...
does not possess adequate documentation and, consequently elects to have the Secretary calculate a default landing payment. (4) Documentation.--Documentation under paragraph (3)(C) shall be in the form of trip tickets (or other landing documentation issued by the first ex-vessel fish buyer or buyers) for the eligible vessel that clearly establishes on their face the identity and location of the first fish buyer, the vessel from whom the fish was bought, the date the fish was bought, how many pounds of each species of fish was bought, and how much per pound the landing vessel was paid for each species of fish bought (no other documentation shall be acceptable) (5) Calculation of amount.--If the permit holder submits adequate documentation the Secretary shall use it to calculate the landing payment. If the permit holder elects to have the Secretary calculate a default landing payment (or submits inadequate documentation), the Secretary shall calculate a default payment by applying average ex-vessel prices (where possible, for each month of landing and state or area of landing as maintained in the National Marine Fisheries Service's databases) to each pound of species of fish landed by the permit holder's eligible vessel during the basis year that the permit holder chooses. (f) Compensation Offer.--No later than the 135th calendar day after the date of enactment of this Act, the Secretary shall, by certified mail return receipt requested, addressed to each eligible permit holder at its record address, offer each eligible permit holder compensation for an amount determined in accordance with this section. The Secretary's offer shall be final and not subject to negotiation or counteroffer. (g) Compensation Offer Acceptance.-- (1) In general.--Each eligible permit holder who desires to be compensated in accordance with this Act must accept the Secretary's compensation offer no later than the 165th calendar day after the date of enactment of this Act. (2) Requirements.--The acceptance-- (A) must be in writing signed by the permit holder or permit holder's duly authorized representative and delivered to the Chief, Financial Services Division, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910-3282, and include direct wire transfer instructions; (B) shall constitute the eligible permit holder's irrevocable consent for all other restrictions that this Act permanently requires with respect to the eligible vessel and all such restrictions shall immediately be in effect; and (C) shall be accompanied by all commercial fishing permits and licenses held by the eligible permit holder that are or were applicable to the eligible vessel. (3) Form of delivery.-- (A) If the acceptance is mailed, it must be mailed by certified mail return receipt requested. The Secretary shall consider the date of acceptance to be the date on which it was mailed. (B) If the acceptance is delivered by any other means, the Secretary shall consider the date of acceptance to be the date on which the Secretary first received the acceptance. The Secretary's determinations regarding the timeliness of the acceptance shall be final. (h) Compensation Payment.--No later than the 195th calendar day after the date of enactment of this Act, the Secretary shall, in accordance with this section, pay compensation in full to each permit holder whose acceptance of the Secretary's offer was timely. (i) Federal Loan.--Under the authority of sections 1111 and 1112 of title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f and 1279g), the Secretary shall provide up to $10,000,000 through a direct loan obligation for any payments authorized under this section that are not fully paid for by funds appropriated under subsection (j) of this section. For purposes of such sections 1111 and 1112, these payments shall be treated as payments under a fishing capacity reduction program established under section 312 of the Magnuson-Stevens Act (16 U.S.C. 1861a). Notwithstanding subsection (b)(4) of such section 1111, the debt obligation under this subsection shall have a maturity of 30 years. (j) Authorization of Appropriations.--There shall be authorized to be appropriated $100,000 for the costs required by the Federal Credit Reform Act for the $10,000,000 direct loan authorized under this section and $15,000,000 for the balance of the compensation payments authorized under this Act. (k) Blended Funding Source.--All funds appropriated under subsection (j) shall be available for the payments authorized under this section and shall be applied so as to ensure that 40 percent of the cost of such payments is derived from the direct loan authorized under this section and 60 percent of the cost of such payments is derived from funds appropriated for payment under this section. If any amounts appropriated remain unexpended and unobligated after all payments are made under this section, the remainder of such amounts shall be availabe for obligation and expenditure for the research program established under section 11. SEC. 8. RESTRICTIONS ON VESSELS. (a) In General.-- (1) All commercial fishing permits or licenses held by an eligible permit holder accepting compensation under section 7 shall be revoked upon receipt by the Secretary of the letter of acceptance under section 7(g). (2) For each eligible vessel for which an eligible permit holder whose commercial fishing permits and licenses have been revoked and who accepted a landing payment, such vessel shall never again be used by any person anywhere in the world (regardless of the national status of such person) for commercial fishing. (b) Ineligibility for Fisheries Endorsement.--Section 12108(d) of title 46, United States Code, is amended by inserting ``, or a vessel whose commercial fishing permits and licenses have been revoked under section 8(a)(2) of the Atlantic Highly Migratory Species Conservation Act of 1999,'' before ``is not eligible''. (c) Transfer to Foreign Ownership or Registry Prohibited.-- (1) Prohibited transfer.--No person may-- (A) sell, lease, charter, deliver, or in any manner transfer, or agree to sell, lease, charter, deliver, or in any manner transfer, to a person not a citizen of the United States, any interest in or control of a vessel whose commercial fishing permits and licenses have been revoked; or (B) place that vessel under foreign registry or operate that vessel under the authority of a foreign country. (2) Void effect.--Any charter, sale, or transfer of a vessel, or interest in or control of that vessel, in violation of this subsection is void. (d) Penalties.-- (1) Criminal penalty.--Any person that knowingly charters, sells, or transfers a vessel (or interest in or control of that vessel) in violation of this section, or knowingly uses that vessel for commercial fishing in violation of this section, or knowingly submits false documentation for the landing payment under section 7 shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both. (2) Forfeiture.--A vessel (including its fishing gear, furniture, appurtenances, stores, and cargo) may be seized by, and forfeited to, the United States Government if-- (A)(i) the vessel is placed under foreign registry or operated under the authority of a foreign country in violation of this section; (ii) a person knowingly charters, sells, or transfers a vessel, or interest or control in that vessel, in violation of this section; (B) the vessel is used for commercial fishing in violation of this section (C) the permit holder submits false documentation for the landing payment under section 7. (3) Civil penalty.--A person that charters, sells, or transfers a vessel (or an interest in or control of a vessel) in violation of this section, uses a vessel for commercial fishing in violation of this section, or submits false documentation for the landing payment under section 7 is liable to the United States Government for a civil penalty of not more than $10,000 for each violation. (e) Vessel Identification System.--The Secretary of Transportation shall ensure that, for each vessel whose commercial fishing permits and licenses have been revoked, information is recorded and maintained in the vessel identification system established under chapter 125 of title 46, United States Code, stating that the vessel is forbidden under this Act from engaging in commercial fishing anywhere in the world, that the vessel is not eligible for any commercial fishing permit or license (regardless of whether the permit or license is issued by the Federal Government, or a State government or political subdivision thereof), and that use of the vessel in any commercial fishing operation may result in Federal civil and criminal penalties and forfeiture of the vessel and its cargo and equipment. SEC. 9. REPAYMENT OF DIRECT LOAN. (a) In General.--There is established a fishery conservation fee system, to be administered by the Secretary, for repayment of the direct loan made under section 7(f), with the commercial share to be repaid under subsection (b) of this section and the recreational share to be repaid under subsection (c) of this section. Fees under this section are established notwithstanding the requirements of section 304 or 312 of the Magnuson-Stevens Act (16 U.S.C. 1854 and 1861a). (b) Commercial Share.-- (1) Description.--The commercial share of the fishery conservation fee system shall be 50 percent of the original principal amount of the loan plus all interest accruing on that 50 percent of the principal amount. (2) Method of payment.--The Secretary shall, for the repayment of the commercial share of the loan obligation, plus associated interest, establish a fee, which-- (A) shall be an amount determined by the Secretary to be sufficient to amortize the commercial share over the loan term of 30 years, not to exceed five cents, for each pound of all Atlantic swordfish sold by swordfish dealers; (B) shall be collected beginning on the 365th day after the date of enactment of this Act and continue without interruption, regardless of the loan's maturity until such commercial share is fully paid; and (C) shall be deducted by the swordfish dealer from all proceeds received from the sale by the dealer of all Atlantic swordfish and accounted for and forwarded by the dealer to the Secretary in the following manner: (i) The fee for all proceeds received during each month shall be forwarded by not later than the 15th calendar day of each month immediately following the month for which the fees were collected and fee payments shall be late if not received at the lock box by the 20th calendar day of each such immediately following month. (ii) All fees forwarded shall include a settlement sheet that establishes the total proceeds received during the previous month, the total pounds of all Atlantic swordfish sold upon which such receipts were based, and the total fee forwarded. (iii) All fees shall be forwarded to a lock box account that the Secretary shall designate by a letter to each swordfish dealer holding a swordfish dealer's permit at its record address. (iv) All fee matters shall be in accordance with such other conditions as the Secretary shall establish, and amend from time to time by a letter (but not by regulation or any other form of notice) sent to each swordfish dealer holding a swordfish dealer's permit at its record address. (3) Duty of prompt notification.--The Secretary shall immediately notify swordfish dealers and swordfish limited access permit holders when the commercial share has been fully repaid and the collection requirement terminates. This shall be accomplished by the Secretary's letter sent to each swordfish dealer, holding a swordfish dealer's permit and each swordfish limited access permit holder at its record address. (4) Audit.--The Secretary may at reasonable times and places conduct audits of swordfish dealer's books and records to determine compliance with this section. Swordfish dealers shall furnish such books and records as the Secretary may reasonably require for the conduct of such audits. (5) Penalty interest on late fee payments.--Swordfish dealers shall pay penalty interest equal to one and one-half percent the full amount of each late fee payment for each month, or portion thereof, in which a late fee payment remains unpaid. (6) Enforcement.--The Secretary shall collect all unpaid fees by such manner as the Secretary considers appropriate, including bringing collection enforcement actions at law and attaching and liquidating swordfish dealers' assets. (7) Continuing obligation.--Notwithstanding that the commercial share of the loan is not paid in full by the loan's maturity date, the fee shall continue without interruption until such time as the commercial share is paid in full. (c) Recreational Share.-- (1) Description.--The recreational share of the fishery conservation fee system shall be 50 percent of the original principal amount of the loan plus all interest accruing on 50 percent of the principal amount. (2) Methods of payment.--The recreational share of the loan obligation, plus associated interest, shall be repaid through payment by affected States under paragraph (3), and by the sale of fishery conservation permits issued under paragraph (4). (3) Payment by affected state.--A vessel registered in an affected State will not be required to purchase a Federal fishery conservation permit if the State, no later than the 240th calendar day after the date of enactment of this Act, makes a binding, legally enforceable agreement with the United States Government to pay fully, within 4 years after the date of enactment of this Act, the State's recreational share allocation, plus associated interest. The allocations for each affected State shall not exceed 40 percent for any affected States and will be based on the State's percentage of the total length of coastline adjacent to any area closed under section 6 and the total number of marine anglers for all 7 States. Such allocations are as follows: (A) South Carolina--9.4 percent; (B) Georgia--4.3 percent; (C) Florida--40.0 percent; (D) Alabama--3.2 percent; (E) Mississippi--2.6 percent; (F) Louisiana--14.6 percent; and (G) Texas--19.9 percent. (4) Fishery conservation permits.-- (A) Issuance and sale.--On or about one year after the date of enactment of this Act and thereafter until the recreational share is fully repaid, the Secretary shall issue for $25 each an annual fishery conservation permit to vessels over 18 feet in length wishing to engage in recreational fishing for highly migratory species in any area closed under section 6. For vessels registered in a State electing to pay the recreational share, the Secretary shall issue the permit free of charge. (B) Means of sale or issuance.--The Secretary-- (i) may, to the extent practicable, authorize the permits to be issued or sold by a variety of persons, including state agencies, retail dealers, and through convenient means, including the Internet and toll-free telephone numbers; and (ii) may establish procedures for such persons to account for and forward the proceeds of sale to the Secretary. (C) Exception.--The Secretary may not issue such permits after the repayment of the recreational share of the loan obligation. (D) Vessels registered in affected states.--Vessels
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