[Congressional Record (Bound Edition), Volume 156 (2010), Part 14] [House] [Pages 19752-19753] [From the U.S. Government Publishing Office, www.gpo.gov]LONGLINE CATCHER PROCESSOR SUBSECTOR SINGLE FISHERY COOPERATIVE ACT Mr. RAHALL. Mr. Speaker, I move to suspend the rules and pass the bill (S. 1609) to authorize a single fisheries cooperative for the Bering Sea Aleutian Islands longline catcher processor subsector, and for other purposes. The Clerk read the title of the bill. The text of the bill is as follows: S. 1609 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). (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 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. 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 [[Page 19753]] 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. The SPEAKER pro tempore. Pursuant to the rule, the gentleman from West Virginia (Mr. Rahall) and the gentleman from Utah (Mr. Chaffetz) each will control 20 minutes. The Chair recognizes the gentleman from West Virginia. General Leave Mr. RAHALL. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include extraneous material on the bill under consideration. The SPEAKER pro tempore. Is there objection to the request of the gentleman from West Virginia? There was no objection. Mr. RAHALL. Mr. Speaker, I yield myself such time as I may consume. The pending legislation, the Catcher Processor Subsector Single Fishery Cooperative Act, was introduced by Senator Cantwell in August 2009. Subsequently, our colleague, Congressman Larsen from the State of Washington, introduced H.R. 3910 as companion legislation. ``Catch shares'' are a fisheries management tool in which the total amount of fishing quota is divided among a group of fishermen. This tool is used to manage several fisheries in waters off of Alaska. However, one particular fishery in this area, the Pacific cod longline catcher processors, is not managed using catch shares. S. 1609 authorizes the Secretary of Commerce to approve this fleet as a cooperative operating a catch share. I commend our colleague, the gentleman from Washington, Mr. Rick Larsen, for his diligence. He has discussed this with me on numerous occasions and with members of our committee, and I commend his leadership on this legislation. I also recognize the efforts to bring the bill to the floor by my good friend and colleague from Alaska, Mr. Don Young. And I would note this measure is fully supported by the ranking member of our full committee, Doc Hastings of Washington. Mr. Speaker, I reserve the balance of my time. Mr. CHAFFETZ. Mr. Speaker, I yield such time as he may consume to my distinguished colleague from Alaska (Mr. Young). Mr. YOUNG of Alaska. I thank the gentleman for yielding. I rise in strong support of H.R. 3910, the companion legislation to S. 1609. This is a very important bill to the State of Alaska and the State of Washington. I would like to compliment my friend, Mr. Larsen, for his work on this legislation. I was originally a cosponsor of this. This is a much-needed bill for the management of fish in Alaska as well as in the State of Washington, where most of my fishermen do come from. I would also like to thank Steny Hoyer, the majority leader, for bringing this bill to the floor and making sure it becomes a reality. This is a bill that was strongly supported by the whole delegations from the State of Washington and from the State of Alaska, Senators as well as House Members. There was no objection to this legislation. It is an example of how we can work together on an issue that affects both areas. It is really much sought for by the industry itself. And I want to compliment everybody that worked on this legislation. Mr. RAHALL. Mr. Speaker, I yield such time as he may consume to the gentleman from Washington (Mr. Larsen). Mr. LARSEN of Washington. Mr. Speaker, I rise today to speak in favor of S. 1609, the Longline Catcher Processor Subsector Single Fishery Cooperative Act. This bill, introduced by Senator Cantwell of Washington, is a Senate companion to H.R. 3910, legislation I introduced in the House, along with Representative Don Young of Alaska. This is a bipartisan effort. It has the support of Representatives Doc Hastings, Dave Reichert and Jay Inslee of Washington State as well. This bill will further efforts by the North Pacific Fishery Management Council to rationalize the Pacific cod fishery and end the ``race for fish'' in the Bering Sea and Aleutian Islands. This legislation represents an important step in achieving the goals of the Magnuson-Stevens Fishery Conservation and Management Act by enabling safer, more environmentally sound fishing practices, while also providing much-needed economic stability. The freezer longline sector of the Pacific cod industry currently operates as a derby-style fishery. Providing the opportunity for participants to transition from this style of fishing to a cooperative model is essential to meeting conservation goals and, most importantly, will significantly improve the safety of life at sea. In addition, fishery cooperatives provide more economic stability and predictability. They help prevent the types of severe price swings that this fishery experienced last year when the price for Pacific cod was cut in half. This type of instability not only impacts the market and consumers, but threatens the ability for these mostly family-owned businesses to continue fishing. The economic stabilization of the fleet will also allow for new investments in both vessels and equipment and much-needed jobs for shipyards throughout the Puget Sound region. S. 1609 has broad support within the freezer longline sector, the commercial fishing industry, the State of Alaska, the State of Washington, and the environmental community. So I urge the House to pass this bipartisan bill, S. 1609. Mr. CHAFFETZ. Mr. Speaker, we have no objection to this bill. We believe it should be passed and sent to the President for signature. Mr. Speaker, I yield back the balance of my time. Mr. RAHALL. Mr. Speaker, I yield such time as he may consume to the gentleman from American Samoa (Mr. Faleomavaega). Mr. FALEOMAVAEGA. Again, I want to thank the distinguished gentleman from West Virginia, the chairman of our committee, and my good friend from Utah on the other side of the aisle for their management and support of this legislation. Mr. Speaker, I want to associate myself with the statement made earlier by the chief sponsor of this legislation, my good friend, the gentleman from Washington. I know a little bit about the industry of fishing. This is certainly important for the gentleman's district and the Members who are affected from the great State of Washington. I urge my colleagues to support this proposed legislation. Mr. RAHALL. Mr. Speaker, I yield back the balance of my time. The SPEAKER pro tempore. The question is on the motion offered by the gentleman from West Virginia (Mr. Rahall) that the House suspend the rules and pass the bill, S. 1609. The question was taken; and (two-thirds being in the affirmative) the rules were suspended and the bill was passed. A motion to reconsider was laid on the table. ____________________