[Congressional Record Volume 156, Number 151 (Thursday, November 18, 2010)]
[Senate]
[Pages S8105-S8106]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AUTHORIZING A SINGLE FISHERIES COOPERATIVE
Mr. REID. Mr. President, I ask unanimous consent that the Senate
proceed to the consideration of Calendar No. 520, S. 1609.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 1609) to authorize a single fisheries
cooperative for the Bering Sea Aleutian Islands longline
catcher processor subsector, and for other purposes.
There being no objection, the Senate proceeded to consider the bill.
Mr. REID. Mr. President, I ask unanimous consent that the bill be
read the third time and passed, that the motion to reconsider be laid
upon the table, with no intervening action or debate, and that any
statements related to the bill be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill was ordered to be engrossed for a third reading, was read
the third time, and passed, 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 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
[[Page S8106]]
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.
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