[Congressional Record Volume 155, Number 122 (Thursday, August 6, 2009)]
[Senate]
[Pages S9009-S9010]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. CANTWELL (for herself, Mrs. Murray, Ms. Murkowski, and Mr. 
        Begich):
  S. 1609. A bill to authorize a single fisheries cooperative for the 
Bering Sea Aleutian Islands longline catcher processor subsector, and 
for other purposes; to the Committee on Commerce, Science, and 
Transportation.
  Ms. CANTWELL. Mr. President, today I introduce the Longline Catcher 
Processor Subsector Single Cooperative Act.
  In Washington State, our history is based on a rich maritime 
tradition that contributes billions of dollars to the state's economy 
each year. There are 3,000 vessels in Washington's fishing fleet that 
employ 10,000 fishermen. Seafood processors employ another 3,800 
Washingtonians. And fish wholesalers employ an additional 1,000 people.
  For many communities along this nation's coastlines, the economy 
literally ebbs and flows with the tide. It is important to remember 
that the ocean resources these communities depend on are a public trust 
and a resource to be both treasured and protected.
  As guardians of the ocean and its plentiful resources, it is 
necessary that we examine all issues of ``ownership'' with care, 
transparency, and fairness. The issue of fishery cooperatives has 
proved to be an issue that demands nothing less.
  In July of 2008, I chaired a hearing in the Commerce Committee's 
Subcommittee on Oceans, Atmosphere, Fisheries and Coast Guard, 
examining the impact of fishery management regimes on fishing safety 
and conservation. Following that hearing and numerous meetings with 
stakeholders to discuss the policy, safety, economic, and environmental 
implications of fishing cooperatives, I am here today to introduce the 
Longline Catcher Processor Subsector Single Cooperative Act, 
legislation that would allow for the formation of a single fishing 
cooperative in the Pacific cod catcher processor fleet.
  Instead of fishermen racing against each other and the elements to 
catch as much as they can, this bill would allow the fishermen to bring 
some sanity back to their livelihoods. Under this legislation, the 
Pacific cod catcher processor fishery can allocate the catch among 
their members, putting an end to the very dangerous ``race for fish.''
  The cooperative would empower commercial fishermen with the framework 
and incentives to police themselves while still preserving the crucial 
regulatory and oversight responsibilities of the federal government and 
the North Pacific Fishery Management Council.
  By adopting this bill, we can improve fishing safety in the Pacific 
cod catcher processor fishery by putting an end to the ``race for 
fish.'' Doing so would lessen the fishery's environmental footprint, 
and give these fishermen the financial certainty that has worked for 
others across this Nation.
  Fishing safety is a real concern that must be addressed at the 
federal level. In 2006, the Coast Guard reported that in the decade 
from 1994 to 2004, 1,398 fishing vessels were lost tragic--reminders of 
what can go wrong at sea.
  Most of these fishing-related fatalities occur in the North Pacific, 
where the fishermen from my home state of Washington make their living. 
The difficult waters equate to the highest casualty rates in the 
nation, and highest rates of fatality and injury among fisherman.
  But the North Pacific's rough waters are not the only factor these 
fishermen have to cope with.
  It is a tough business--tough for those who work the boats and those 
who make the business-end decisions. It's a business that is driven by 
incentives and dangerous conditions that work in tandem to place 
countless numbers of fishermen at risk.
  When things go wrong, it is usually because of failures at multiple 
levels. You see, it's not always about vessels. Nor is it all about 
inspections, safety equipment, or training. Fishing safety is closely 
related to how fisheries are managed and the very foundation fishing 
has come to be built upon: competition.
  Without legislation such as this, the fisheries will continue to 
operate on a foundation of destructive competition, or a ``race for 
fish.'' And this race for fish is a very dangerous race.
  According to Lieutenant Christopher Woodley, the former fishing 
Vessel Safety Coordinator of the 13th U.S. Coast Guard District based 
in Seattle:

       This race encourages fishermen to operate in all weather 
     and sea conditions, to operate without rest, and encourages 
     risk-taking behaviors.

  But we can change that.
  By instituting a cooperative style of fishery management through this 
legislation, we dramatically change the incentives. And by changing the 
incentives to put a new premium on safety, we can change the way people 
fish and hopefully prevent future tragedies at sea.
  Safety is not the only goal of this legislation. This legislation 
aims to make environmental and economic improvements to the process of 
fishing.
  By eliminating the ``race for fish,'' as I mentioned before, we 
effectively slow the pace of fishing meaning commercial fishermen can 
optimize onboard processing facilities. The result is an increase in 
the product recovery rate per pound of fish caught, meaning they can 
use more parts of the fish and make wiser and more efficient use of our 
precious ocean resources. A slower pace also decreases bycatch and 
promotes ownership of the fishery, which will facilitate a conservation 
mindset in the fishermen.
  We have once again shifted the incentive from reckless speed to doing 
things slower, better, smarter, and more environmentally conscious.
  Furthermore, the Longline Catcher Processor Subsector Fisheries 
Cooperative Act means greater job stability for the Pacific cod freezer 
longliner fleet's workers.
  When fishermen no longer race, the fishing season lasts longer. This 
means more stability and predictability for crew members, and 
eliminates the boom and bust cycle that often prevails today.
  I want to be clear that this bill is not yet a finished product. I 
welcome comments, suggestions, and criticisms to help make this bill 
good public policy for everyone involved.
  As we discuss issues like safety of our fisherman and environmental 
implications to our oceans, it's imperative that we commit to an open 
and transparent process that shines the light of accountability.
  Both in fisheries management, fishing safety, and those areas where 
the two intersect, transparency must be the rule.
  We owe it to our coastal communities, our fisherman, and the American 
public collectively as stewards of one of our greatest public 
resources--our oceans.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1609

       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

[[Page S9010]]

     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.
                                 ______