“This Act may be cited as the ‘Longline Catcher Processor Subsector Single Fishery Cooperative Act’.
This chapter, referred to in subsec. (a)(8), was in the original “this Act”, meaning Pub. L. 94–265,
2007—Subsec. (a)(8). Pub. L. 109–479 inserted “by utilizing economic and social data that meet the requirements of paragraph (2),” after “fishing communities”.
1996—Subsec. (a)(5). Pub. L. 104–297, § 106(a), substituted “consider efficiency” for “promote efficiency”.
Subsec. (a)(8) to (10). Pub. L. 104–297, § 106(b), added pars. (8) to (10).
1984—Subsec. (a)(1). Pub. L. 98–623 inserted “for the United States fishing industry”.
1983—Subsec. (b). Pub. L. 97–453 substituted “advisory guidelines (which shall not have the force and effect of law)” for “guidelines”.
Pub. L. 105–146, § 1,
Pub. L. 115–31, div. B, title I, § 110,
Pub. L. 111–335, “This Act may be cited as the ‘Longline Catcher Processor Subsector Single Fishery Cooperative Act’. “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.“SECTION 1. SHORT TITLE.“SEC. 2. AUTHORITY TO APPROVE AND IMPLEMENT A SINGLE FISHERY COOPERATIVE FOR THE LONGLINE CATCHER PROCESSOR SUBSECTOR IN THE BSAI.“(a) 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) 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) 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) 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) 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) 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 [“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) 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 [“(b) 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) 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) “(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) 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) 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) 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 [Pub. L. 109–479, approved “(c) 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.“SEC. 8. DEFINITIONS.“In this Act:“(1) 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) 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) 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) 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) 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) The term ‘Gulf of Alaska’ means that portion of the Exclusive Economic Zone contained in Statistical Areas 610, 620, and 630.“(7) 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 [2887]).“(8) The term ‘Magnuson-Stevens Act’ means the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).“(9) The term ‘Secretary’ means the Secretary of Commerce.”
Pub. L. 108–199, div. B, title VIII, § 802,
Pub. L. 106–554, § 1(a)(4) [div. A, § 209], “(a) The Congress finds that—“(1) the western population of Steller sea lions has substantially declined over the last 25 years.“(2) scientists should closely research and analyze all possible factors relating to such decline, including the possible interactions between commercial fishing and Steller sea lions and the localized depletion hypothesis;“(3) the authority to manage commercial fisheries in Federal waters lies with the regional councils and the Secretary of Commerce (hereafter in this section ‘Secretary’) pursuant to the Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C. 1801 et seq.] (hereafter in this section ‘Magnuson-Stevens Act’); and“(4) the Secretary of Commerce shall comply with the Magnuson-Stevens Act when using fishery management plans and regulations to implement the decisions made pursuant to findings under the Endangered Species Act [of 1973, 16 U.S.C. 1531 et seq.], and shall utilize the processes and procedures of the regional fishery management councils as required by the Magnuson-Stevens Act.“(b) The North Pacific Fishery Management Council (hereafter in this section ‘North Pacific Council[’]) shall utilize the expertise of the National Academy of Sciences to conduct an independent scientific review of the “(c) “(1) The Secretary of Commerce shall submit to the North Pacific Council proposed conservation and management measures to implement the Alternatives contained in the “(2) The Bering Sea/Aleutian Islands and Gulf of Alaska groundfish fisheries shall be managed in a manner consistent with the Alternatives contained in the Biological Opinion, except as otherwise provided in this section. The Alternatives shall become fully effective no later than “(3) The 2001 Bering Sea/Aleutian Islands and Gulf of Alaska groundfish fisheries shall be managed in accordance with the fishery management plan and Federal regulations in effect for such fisheries prior to “(A) conservative total allowable catch levels;“(B) no entry zones within three miles of rookeries;“(C) restricted harvest levels near rookeries and haul-outs;“(D) federally-trained observers;“(E) spatial and temporal harvest restrictions;“(F) federally-mandated bycatch reduction programs; and“(G) additional conservation benefits provided through cooperative fishing arrangements,and said regulations are hereby restored to full force and effect.“(4) The Secretary shall amend these regulations by “(5) The harvest reduction requirement (‘Global Control Rule’) shall take effect immediately in any 2001 groundfish fishery in which it applies, but shall not cause a reduction in the total allowable catch of any fishery of more than 10 percent.“(6) In enforcing regulations for the 2001 fisheries, the Secretary, upon recommendation of the North Pacific Council, may open critical habitat where needed, adjust seasonal catch levels, and take other measures as needed to ensure that harvest levels are sufficient to provide income from these fisheries for small boats and Alaskan on-shore processors that is no less than in 1999.“(7) The regulations that are promulgated pursuant to paragraph (4) shall not be modified in any way other than upon recommendation of the North Pacific Council, before “(d) $20,000,000 is hereby appropriated to the Secretary of Commerce to remain available until expended to develop and implement a coordinated, comprehensive research and recovery program for the Steller sea lion, which shall be designed to study—“(1) available prey species;“(2) predator/prey relationships;“(3) predation by other marine mammals;“(4) interactions between fisheries and Steller sea lions, including the localized depletion theory;“(5) regime shift, climate change, and other impacts associated with changing environmental conditions in the North Pacific and Bering Sea;“(6) disease;“(7) juvenile and pup survival rates;“(8) population counts;“(9) nutritional stress;“(10) foreign commercial harvest of sea lions outside the exclusive economic zone;“(11) the residual impacts of former government-authorized Steller sea lion eradication bounty programs; and“(12) the residual impacts of intentional lethal takes of Steller sea lions.Within available funds the Secretary shall implement on a pilot basis innovative non-lethal measures to protect Steller sea lions from marine mammal predators including killer whales.“(e) $30,000,000 is hereby appropriated to the Secretary of Commerce to make available as a direct payment to the Southwest Alaska Municipal Conference to distribute to fishing communities, businesses, community development quota groups, individuals, and other entities to mitigate the economic losses caused by Steller sea lion protection measures heretofore incurred; provided that the President of such organization shall provide a written report to the Secretary and the House and Senate Appropriations Committee within 6 months of receipt of these funds.”
Pub. L. 105–277, div. A, § 101(b) [title VI, § 617], “(a) None of the funds made available in this Act or any other Act hereafter enacted may be used to issue or renew a fishing permit or authorization for any fishing vessel of the United States greater than 165 feet in registered length, of more than 750 gross registered tons, or that has an engine or engines capable of producing a total of more than 3,000 shaft horsepower as specified in the permit application required under part 648.4(a)(5) of title 50, Code of Federal Regulations, part 648.12 of title 50, Code of Federal Regulations, and the authorization required under part 648.80(d)(2) of title 50, Code of Federal Regulations, to engage in fishing for Atlantic mackerel or herring (or both) under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), unless the regional fishery management council of jurisdiction recommends after “(b) Any fishing permit or authorization issued or renewed prior to the date of the enactment of this Act [
Pub. L. 116–283, div. G, title LVXXXIV [LXXXIV], § 8434,
Pub. L. 108–199, div. B, title VIII, § 803, “(a) Effective “(b) Only vessels that are 60 feet or less in length overall and have a valid fishery endorsement, or vessels that are eligible to harvest pollock under section 208 of title II of division C of Public Law 105–277 [set out below], shall be eligible to form partnerships with the Aleut Corporation (or its authorized agents) to harvest the allocation under subsection (a). During the years 2004 through 2008, up to 25 percent of such allocation may be harvested by vessels 60 feet or less in length overall. During the years 2009 through 2013, up to 50 percent of such allocation may be harvested by vessels 60 feet or less in length overall. After the year 2012, 50 percent of such allocation shall be harvested by vessels 60 feet or less in length overall, and 50 percent shall be harvested by vessels eligible under such section of Public Law 105–277.“(c) The optimum yield for groundfish in the Bering Sea and Aleutian Islands Management Area shall not exceed 2 million metric tons. For the purposes of implementing subsections (a) and (b) without adversely affecting current fishery participants, the allocation under subsection (a) may be in addition to such optimum yield during the years 2004 through 2008 upon recommendation by the North Pacific Council and approval by the Secretary of Commerce (if consistent with the requirements of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.)).“(d) For the purposes of this section, the North Pacific Fishery Management Council shall recommend and the Secretary shall approve an allocation under subsection (a) to the Aleut Corporation for the purposes of economic development in Adak, Alaska pursuant to the requirements of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).”
Pub. L. 105–277, div. C, title II, subtitle II, “SEC. 205. DEFINITIONS.“As used in this subtitle—“(1) the term ‘Bering Sea and Aleutian Islands Management Area’ has the same meaning as the meaning given for such term in part 679.2 of title 50, Code of Federal Regulations, as in effect on “(2) the term ‘catcher/processor’ means a vessel that is used for harvesting fish and processing that fish;“(3) the term ‘catcher vessel’ means a vessel that is used for harvesting fish and that does not process pollock onboard;“(4) the term ‘directed pollock fishery’ means the fishery for the directed fishing allowances allocated under paragraphs (1), (2), and (3) of section 206(b);“(5) the term ‘harvest’ means to commercially engage in the catching, taking, or harvesting of fish or any activity that can reasonably be expected to result in the catching, taking, or harvesting of fish;“(6) the term ‘inshore component’ means the following categories that process groundfish harvested in the Bering Sea and Aleutian Islands Management Area:“(A) shoreside processors, including those eligible under section 208(f); and
Pub. L. 104–208, div. A, title I, § 101(a) [title II, §§ 208, 211(b)],
Similar provisions were contained in the following prior appropriation act:
Pub. L. 104–134, title I, § 101[(a)] [title II, § 210],
Pub. L. 100–589, § 5,
Pub. L. 100–589, § 6(a)–(f),
Pub. L. 98–613, §§ 1–9,