Text: S.1609 — 111th Congress (2009-2010)All Information (Except Text)

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Public Law No: 111-335 (12/22/2010)

 
[111th Congress Public Law 335]
[From the U.S. Government Printing Office]



[[Page 124 STAT. 3583]]

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. <<NOTE: Dec. 22, 2010 -  [S. 1609]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Longline Catcher 
Processor Subsector Single Fishery Cooperative Act. 16 USC 1851 
note. Deadlines.>> 

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) <<NOTE: Records.>>  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 124 STAT. 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 124 STAT. 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) <<NOTE: Deadlines.>>  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 124 STAT. 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.

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