[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.