[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1609 Engrossed in Senate (ES)]

111th CONGRESS
  2d Session
                                S. 1609

_______________________________________________________________________

                                 AN ACT


 
To authorize a single fisheries cooperative for the Bering Sea Aleutian 
 Islands longline catcher processor subsector, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Longline Catcher Processor Subsector 
Single Fishery Cooperative Act''.

SEC. 2. AUTHORITY TO APPROVE AND IMPLEMENT A SINGLE FISHERY COOPERATIVE 
              FOR THE LONGLINE CATCHER PROCESSOR SUBSECTOR IN THE BSAI.

    (a) In General.--Upon the request of eligible members of the 
longline catcher processor subsector holding at least 80 percent of the 
licenses issued for that subsector, the Secretary is authorized to 
approve a single fishery cooperative for the longline catcher processor 
subsector in the BSAI.
    (b) Limitation.--A single fishery cooperative approved under this 
section shall include a limitation prohibiting any eligible member from 
harvesting a total of more than 20 percent of the Pacific cod available 
to be harvested in the longline catcher processor subsector, the 
violation of which is subject to the penalties, sanctions, and 
forfeitures under section 308 of the Magnuson-Stevens Act (16 U.S.C. 
1858), except that such limitation shall not apply to harvest amounts 
from quota assigned explicitly to a CDQ group as part of a CDQ 
allocation to an entity established by section 305(i) of the Magnuson-
Stevens Act (16 U.S.C. 1855(i)).
    (c) Contract Submission and Review.--The longline catcher processor 
subsector shall submit to the Secretary--
            (1) not later than November 1 of each year, a contract to 
        implement a single fishery cooperative approved under this 
        section for the following calendar year; and
            (2) not later than 60 days prior to the commencement of 
        fishing under the single fishery cooperative, any interim 
        modifications to the contract submitted under paragraph (1).
    (d) Department of Justice Review.--Not later than November 1 before 
the first year of fishing under a single fishery cooperative approved 
under this section, the longline catcher processor sector shall submit 
to the Secretary a copy of a letter from a party to the contract under 
subsection (c)(1) requesting a business review letter from the Attorney 
General and any response to such request.
    (e) Implementation.--The Secretary shall implement a single fishery 
cooperative approved under this section not later than 2 years after 
receiving a request under subsection (a).
    (f) Status Quo Fishery.--If the longline catcher processor 
subsector does not submit a contract to the Secretary under subsection 
(c) then the longline catcher processor subsector in the BSAI shall 
operate as a limited access fishery for the following year subject to 
the license limitation program in effect for the longline catcher 
processor subsector on the date of enactment of this Act or any 
subsequent modifications to the license limitation program recommended 
by the Council and approved by the Secretary.

SEC. 3. HARVEST AND PROHIBITED SPECIES ALLOCATIONS TO A SINGLE FISHERY 
              COOPERATIVE FOR THE LONGLINE CATCHER PROCESSOR SUBSECTOR 
              IN THE BSAI.

    A single fishery cooperative approved under section 2 may, on an 
annual basis, collectively--
            (1) harvest the total amount of BSAI Pacific cod total 
        allowable catch, less any amount allocated to the longline 
        catcher processor subsector non-cooperative limited access 
        fishery;
            (2) utilize the total amount of BSAI Pacific cod prohibited 
        species catch allocation, less any amount allocated to a 
        longline catcher processor subsector non-cooperative limited 
        access fishery; and
            (3) harvest any reallocation of Pacific cod to the longline 
        catcher processor subsector during a fishing year by the 
        Secretary.

SEC. 4. LONGLINE CATCHER PROCESSOR SUBSECTOR NON-COOPERATIVE LIMITED 
              ACCESS FISHERY.

    (a) In General.--An eligible member that elects not to participate 
in a single fishery cooperative approved under section 2 shall operate 
in a non-cooperative limited access fishery subject to the license 
limitation program in effect for the longline catcher processor 
subsector on the date of enactment of this Act or any subsequent 
modifications to the license limitation program recommended by the 
Council and approved by the Secretary.
    (b) Harvest and Prohibited Species Allocations.--Eligible members 
operating in a non-cooperative limited access fishery under this 
section may collectively--
            (1) harvest the percentage of BSAI Pacific cod total 
        allowable catch equal to the combined average percentage of the 
        BSAI Pacific cod harvest allocated to the longline catcher 
        processor sector and retained by the vessel or vessels 
        designated on the eligible members license limitation program 
        license or licenses for 2006, 2007, and 2008, according to the 
        catch accounting system data used to establish total catch; and
            (2) utilize the percentage of BSAI Pacific cod prohibited 
        species catch allocation equal to the percentage calculated 
        under paragraph (1).

SEC. 5. AUTHORITY OF THE NORTH PACIFIC FISHERY MANAGEMENT COUNCIL.

    (a) In General.--Nothing in this Act shall supersede the authority 
of the Council to recommend for approval by the Secretary such 
conservation and management measures, in accordance with the Magnuson-
Stevens Act (16 U.S.C. 1801 et seq.) as it considers necessary to 
ensure that this Act does not diminish the effectiveness of fishery 
management in the BSAI or the Gulf of Alaska Pacific cod fishery.
    (b) Limitations.--
            (1) Notwithstanding the authority provided to the Council 
        under this section, the Council is prohibited from altering or 
        otherwise modifying--
                    (A) the methodology established under section 3 for 
                allocating the BSAI Pacific cod total allowable catch 
                and BSAI Pacific cod prohibited species catch 
                allocation to a single fishery cooperative approved 
                under this Act; or
                    (B) the methodology established under section 4 of 
                this Act for allocating the BSAI Pacific cod total 
                allowable catch and BSAI Pacific cod prohibited species 
                catch allocation to the non-cooperative limited access 
                fishery.
            (2) No sooner than 7 years after approval of a single 
        fisheries cooperative under section 2 of this Act, the Council 
        may modify the harvest limitation established under section 
        2(b) if such modification does not negatively impact any 
        eligible member of the longline catcher processor subsector.
    (c) Protections for the Gulf of Alaska Pacific Cod Fishery.--The 
Council may recommend for approval by the Secretary such harvest 
limitations of Pacific cod by the longline catcher processor subsector 
in the Western Gulf of Alaska and the Central Gulf of Alaska as may be 
necessary to protect coastal communities and other Gulf of Alaska 
participants from potential competitive advantages provided to the 
longline catcher processor subsector by this Act.

SEC. 6. RELATIONSHIP TO THE MAGNUSON-STEVENS ACT.

    (a) In General.--Consistent with section 301(a) of the Magnuson-
Stevens Act (16 U.S.C. 1851(a)), a single fishery cooperative approved 
under section 2 of this Act is intended to enhance conservation and 
sustainable fishery management, reduce and minimize bycatch, promote 
social and economic benefits, and improve the vessel safety of the 
longline catcher processor subsector in the BSAI.
    (b) Transition Rule.--A single fishery cooperative approved under 
section 2 of this Act is deemed to meet the requirements of section 
303A(i) of the Magnuson-Stevens Act (16 U.S.C. 1853a(i)) as if it had 
been approved by the Secretary within 6 months after the date of 
enactment of the Magnuson-Stevens Fishery Conservation and Management 
Reauthorization Act of 2006, unless the Secretary makes a 
determination, within 30 days after the date of enactment of this Act, 
that application of section 303A(i) of the Magnuson-Stevens Act to the 
cooperative approved under section 2 of this Act would be inconsistent 
with the purposes for which section 303A was added to the Magnuson-
Stevens Act.
    (c) Cost Recovery.--Consistent with section 304(d)(2) of the 
Magnuson-Stevens Act (16 U.S.C. 1854(d)(2)), the Secretary is 
authorized to recover reasonable costs to administer a single fishery 
cooperative approved under section 2 of this Act.

SEC. 7. COMMUNITY DEVELOPMENT QUOTA PROGRAM.

    Nothing in this Act shall affect the western Alaska community 
development program established by section 305(i) of the Magnuson-
Stevens Act (16 U.S.C. 1855(i)), including the allocation of fishery 
resources in the directed Pacific cod fishery.

SEC. 8. DEFINITIONS.

    In this Act:
            (1) BSAI.--The term ``BSAI'' has the meaning given that 
        term in section 219(a)(2) of the Department of Commerce and 
        Related Agencies Appropriations Act, 2005 (Public Law 108-447; 
        118 Stat. 2886).
            (2) BSAI pacific cod total allowable catch.--The term 
        ``BSAI Pacific cod total allowable catch'' means the Pacific 
        cod total allowable catch for the directed longline catcher 
        processor subsector in the BSAI as established on an annual 
        basis by the Council and approved by the Secretary.
            (3) BSAI pacific cod prohibited species catch allocation.--
        The term ``BSAI Pacific cod prohibited species catch 
        allocation'' means the prohibited species catch allocation for 
        the directed longline catcher processor subsector in the BSAI 
        as established on an annual basis by the Council and approved 
        by the Secretary.
            (4) Council.--The term ``Council'' means the North Pacific 
        Fishery Management Council established under section 
        302(a)(1)(G) of the Magnuson-Stevens Act (16 U.S.C. 
        1852(a)(1)(G)).
            (5) Eligible member.--The term ``eligible member'' means a 
        holder of a license limitation program license, or licenses, 
        eligible to participate in the longline catcher processor 
        subsector.
            (6) Gulf of alaska.--The term ``Gulf of Alaska'' means that 
        portion of the Exclusive Economic Zone contained in Statistical 
        Areas 610, 620, and 630.
            (7) Longline catcher processor subsector.--The term 
        ``longline catcher processor subsector'' has the meaning given 
        that term in section 219(a)(6) of the Department of Commerce 
        and Related Agencies Appropriations Act, 2005 (Public Law 108-
        447; 118 Stat. 2886).
            (8) Magnuson-stevens act.--The term ``Magnuson-Stevens 
        Act'' means the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1801 et seq.).
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.

            Passed the Senate November 18, 2010.

            Attest:

                                                             Secretary.
111th CONGRESS

  2d Session

                                S. 1609

_______________________________________________________________________

                                 AN ACT

To authorize a single fisheries cooperative for the Bering Sea Aleutian 
 Islands longline catcher processor subsector, and for other purposes.