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 modifica-
tions to the license limitation program recommended by 
the Council and approved by the Secretary. 
(b) HARVEST AND PROHIBITED SPECIES ALLOCA-
TIONS.—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 li-
censes 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 per-
centage calculated under paragraph (1). 
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SEC. 5. AUTHORITY OF THE NORTH PACIFIC FISHERY MAN-
AGEMENT COUNCIL. 
(a) IN GENERAL.—Nothing in this Act shall super-
sede the authority of the Council to recommend for ap-
proval by the Secretary such conservation and manage-
ment 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 prohib-
ited from altering or otherwise modifying— 
(A) the methodology established under sec-
tion 3 for allocating the BSAI Pacific cod total 
allowable catch and BSAI Pacific cod prohib-
ited species catch allocation to a single fishery 
cooperative approved under this Act; or 
(B) the methodology established under sec-
tion 4 of this Act for allocating the BSAI Pa-
cific 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 
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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 PA-
CIFIC COD FISHERY.—The Council may recommend for 
approval by the Secretary such harvest limitations of Pa-
cific 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 competi-
tive 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 fish-
ery 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-Ste-
vens Act (16 U.S.C. 1853a(i)) as if it had been approved 
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by the Secretary within 6 months after the date of enact-
ment of the Magnuson-Stevens Fishery Conservation and 
Management Reauthorization Act of 2006, unless the Sec-
retary 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 reason-
able costs to administer a single fishery cooperative ap-
proved 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 Depart-
ment of Commerce and Related Agencies Appropria-
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tions Act, 2005 (Public Law 108–447; 118 Stat. 
2886). 
(2) BSAI PACIFIC
COD
TOTAL
ALLOWABLE 
CATCH.—The term ‘‘BSAI Pacific cod total allow-
able catch’’ means the Pacific cod total allowable 
catch for the directed longline catcher processor sub-
sector 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 pro-
hibited 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 estab-
lished 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 pro-
gram 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 Eco-
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nomic Zone contained in Statistical Areas 610, 620, 
and 630. 
(7) LONGLINE
CATCHER
PROCESSOR
SUB-
SECTOR.—The term ‘‘longline catcher processor sub-
sector’’ has the meaning given that term in section 
219(a)(6) of the Department of Commerce and Re-
lated Agencies Appropriations Act, 2005 (Public 
Law 108–447; 118 Stat. 2886). 
(8) 
MAGNUSON-STEVENS
ACT.—The 
term 
‘‘Magnuson-Stevens Act’’ means the Magnuson-Ste-
vens Fishery Conservation and Management Act (16 
U.S.C. 1801 et seq.). 
(9) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Commerce. 
Æ 
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