    [United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 111-335
    111th Congress

    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).

    [[Page 3584]]

    (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

    [[Page 3585]]

    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.

    [[Page 3586]]

    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.

    Approved December 22, 2010.

    LEGISLATIVE HISTORY--S. 1609:
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    SENATE REPORTS: No. 111-250 (Comm. on Commerce, Science, and
    Transportation).
    CONGRESSIONAL RECORD, Vol. 156 (2010):
    Nov. 18, considered and passed Senate.
    Dec. 14, considered and passed House.