Longline Catcher Processor Subsector Single Fishery Cooperative Act
PL 111-335 (S.1609), enacted 12/22/2010

124 STAT. 3583 
PUBLIC LAW 111–335—DEC. 22, 2010 
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. 
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 PROC-
ESSOR 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 proc-
essor subsector, the violation of which is subject to the penalties, 
sanctions, and forfeitures under section 308 of the Magnuson-Ste-
vens 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). 
Records. 
Longline Catcher 
Processor 
Subsector 
Single Fishery 
Cooperative Act. 
16 USC 1851 
note. 
Deadlines. 
Dec. 22, 2010 
[S. 1609] 
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124 STAT. 3584 
PUBLIC LAW 111–335—DEC. 22, 2010 
(f) STATUS QUO FISHERY.—If the longline catcher processor 
subsector does not submit a contract to the Secretary under sub-
section (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 Sec-
retary. 
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 Sec-
retary. 
SEC. 4. LONGLINE CATCHER PROCESSOR SUBSECTOR NON-COOPERA-
TIVE LIMITED ACCESS FISHERY. 
(a) IN GENERAL.—An eligible member that elects not to partici-
pate 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 allow-
able catch equal to the combined average percentage of the 
BSAI Pacific cod harvest allocated to the longline catcher proc-
essor 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 
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124 STAT. 3585 
PUBLIC LAW 111–335—DEC. 22, 2010 
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 alloca-
tion to the non-cooperative limited access fishery. 
(2) No sooner than 7 years after approval of a single fish-
eries 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 Sec-
retary 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 Magnu-
son-Stevens Act (16 U.S.C. 1851(a)), a single fishery cooperative 
approved under section 2 of this Act is intended to enhance con-
servation and sustainable fishery management, reduce and mini-
mize 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 Con-
servation 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. 
Deadlines. 
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124 STAT. 3586 
PUBLIC LAW 111–335—DEC. 22, 2010 
LEGISLATIVE HISTORY—S. 1609: 
SENATE REPORTS: No. 111–250 (Comm. on Commerce, Science, and Transpor-
tation). 
CONGRESSIONAL RECORD, Vol. 156 (2010): 
Nov. 18, considered and passed Senate. 
Dec. 14, considered and passed House. 
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 ALLOCA-
TION.—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 sub-
sector. 
(6) GULF OF ALASKA.—The term ‘‘Gulf of Alaska’’ means 
that portion of the Exclusive Economic Zone contained in Statis-
tical 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-Ste-
vens 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. 
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