S.1609 - Longline Catcher Processor Subsector Single Fishery Cooperative Act111th Congress (2009-2010)
Summary: S.1609 — 111th Congress (2009-2010)
Public Law (12/22/2010)
(This measure has not been amended since it was introduced. The expanded summary of the Senate reported version is repeated here.)
Longline Catcher Processor Subsector Single Fishery Cooperative Act - (Sec. 2) Authorizes the Secretary of Commerce, upon the request of eligible members of the longline catcher processor subsector holding at least 80% of the licenses issued for that subsector, to approve a single fishery cooperative for the longline catcher processor subsector in the Bering Sea and Aleutian Islands Management Area (BSAI).
Requires an approved cooperative to include a limitation prohibiting any eligible member from harvesting a total of more than 20% of the Pacific cod available to be harvested in the longline catcher processor subsector, the violation of which is subject to the penalties under section the Magnuson-Stevens Act. Excepts from such limitation harvest amounts from quota assigned explicitly to a western Alaska community development quota group.
Provides procedures for the submission of a contract by the longline catcher processor subsector to implement the single fishery cooperative and Department of Justice review.
(Sec. 3) Permits a single approved fishery cooperative, on an annual basis, to 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) Requires an eligible member that elects not to participate in an approved single fishery cooperative to 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 North Pacific Fishery Management Council (Council) and approved by the Secretary. Sets forth harvest and prohibited species allocations.
(Sec. 5) Prohibits anything in this Act from superseding the authority of the Council to recommend for approval by the Secretary such conservation and management measures in accordance with the Magnuson-Stevens Act 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, subject to specified limitations.
Authorizes the Council to recommend for approval by the Secretary harvest limitations of Pacific cod by the longline catcher processor subsector in the Western Gulf of Alaska and the Central Gulf of Alaska necessary to protect coastal communities and other Gulf of Alaska participants from potential competitive advantages provided by this Act to the longline catcher processor subsector.
(Sec. 6) Sets forth provisions concerning this Act's relationship to the Magnuson-Stevens Act, including authorizing the Secretary to recover reasonable costs to administer a single approved fishery cooperative.
(Sec. 7) Prohibits anything in this Act from affecting the western Alaska community development program established by the Magnuson-Stevens Act, including the allocation of fishery resources in the directed Pacific cod fishery.