S. 1609Senate111th Congress (2009-2011)Enacted

Longline Catcher Processor Subsector Single Fishery Cooperative Act

Introduced August 6, 2009

Legislative Activity

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19 earlier actions
Became Law Latest Action

Became Public Law No: 111-335.

December 22, 2010

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SenateIntro Referral

Introduced in Senate

August 6, 2009

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S9009)

August 6, 2009

SenateIntro Referral

Read twice and referred to the Committee on Commerce, Science, and Transportation. (text of measure as introduced: CR S9009-9010)

August 6, 2009

SenateCommittee

Committee on Commerce, Science, and Transportation. Ordered to be reported without amendment favorably.

December 17, 2009

SenateCommittee

Committee on Commerce, Science, and Transportation. Reported by Senator Rockefeller without amendment. With written report No. 111-250.

August 5, 2010

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 520.

August 5, 2010

SenateFloor

Passed Senate without amendment by Unanimous Consent. (consideration: CR S8105-8106; text as passed Senate: CR S8105-8106)

November 18, 2010

SenateFloor

Message on Senate action sent to the House.

November 19, 2010

HouseFloor

Received in the House.

November 29, 2010 • 2:05 PM

HouseIntro Referral

Referred to the House Committee on Natural Resources.

November 29, 2010

HouseFloor

Mr. Rahall moved to suspend the rules and pass the bill.

December 14, 2010 • 2:33 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H8302-8304)

December 14, 2010 • 2:33 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on S. 1609.

December 14, 2010 • 2:33 PM

SenateFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR S8302-8303)

December 14, 2010 • 2:39 PM

HouseFloor

On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR S8302-8303)

December 14, 2010 • 2:39 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

December 14, 2010 • 2:39 PM

SenateAction

Cleared for White House.

December 14, 2010

President

Presented to President.

December 16, 2010

Became Law

Signed by President.

December 22, 2010

Became Law

Became Public Law No: 111-335.

December 22, 2010

Floor Debate

23 members

What members said about S. 1609 on the floor

3 Republicans19 Democrats1 Independent
Maria Cantwell
Sen. Maria CantwellD-WA · Aug 6, 2009

Mr. President, I am pleased to join with my colleague, Senator Grassley, and introduce an important piece of legislation that will modernize the tax incentive for domestic biodiesel production. The…

Michael F. Bennet
Sen. Michael F. BennetD-CO · Aug 6, 2009

Mr. President, I cannot tell you how much I appreciated your remarks--I was sitting in the chair--and those of Chairman Dodd as well. The hour is late. The idea that you would be here at that hour to…

Jeff Bingaman
Sen. Jeff BingamanD-NM · Aug 6, 2009

Mr. President, as the success of the Cash for Clunkers Program that we are working to extend today makes clear, there is substantial interest among consumers in upgrading the fuel efficiency of their…

Christopher J. Dodd
Sen. Christopher J. DoddD-CT · Aug 6, 2009

Mr. President, I rise to introduce the Livable Communities Act. Our communities are growing and changing. And the way we plan for their futures needs to evolve, as well. At stake is whether or not we…

Mark Udall
Sen. Mark UdallD-CO · Aug 6, 2009

Mr. President, today I am introducing along with my friend and colleague, Senator Bennet, the Ruedi Reservoir Water Allocation for Recovery of Endangered Fish Act. This bill will help address…

Show 8 more
Sheldon Whitehouse
Sen. Sheldon WhitehouseD-RI · Aug 6, 2009

I rise to speak in support of the Foreign Manufacturers Legal Accountability Act of 2009, which I am introducing today with the ranking member of the Judiciary Committee, Senator Sessions, and…

John D. Rockefeller IV
Sen. John D. Rockefeller IVD-WV · Aug 6, 2009

Mr. President, I rise today with the newest esteemed Member of this Chamber, Senator Al Franken, to introduce the Affordable Access to Prescription Medications Act of 2009. I think this is the first…

Ron Wyden
Sen. Ron WydenD-OR · Aug 6, 2009

Mr. President, businesses like airlines, trucking companies, and heating oil distributors buy and sell oil and futures contracts because they need to do so to run their day-to-day business and hedge…

Olympia J. Snowe
Sen. Olympia J. SnoweR-ME · Aug 6, 2009

Mr. President, I rise today to reintroduce legislation that will increase the trustworthiness of our Nation's mortgage security market by creating the Federal Board of Certification for mortgage…

Maria Cantwell
Sen. Maria CantwellD-WA · Aug 6, 2009

Mr. President, today I introduce the Longline Catcher Processor Subsector Single Cooperative Act. In Washington State, our history is based on a rich maritime tradition that contributes billions of…

Byron L. Dorgan
Sen. Byron L. DorganD-ND · Aug 6, 2009

Mr. President, today I introduced a bill entitled 7th Generation Promise: Indian Youth Suicide Prevention Act, to address the crisis of youth suicide in Indian Country. I introduce this legislation…

Patty Murray
Sen. Patty MurrayD-WA · Aug 6, 2009

Mr. President, for a child in a developing country, very simple tools, like safe injection technologies for vaccination, can mean the difference between life and death. But the fact is that many…

Russell D. Feingold
Sen. Russell D. FeingoldD-WI · Aug 6, 2009

Mr. President, today I am reintroducing legislation that seeks to answer a question more and more Americans are asking in light of our economic woes and our struggle toward energy independence: Why…

Show 11 more
Bernard Sanders
Sen. Bernard SandersI-VT · Aug 6, 2009

Mr. President, today I am pleased to introduce the Thermal Energy Efficiency Act, which I believe can play an important role in moving our Nation toward green job creation and greenhouse gas…

Barbara Boxer
Sen. Barbara BoxerD-CA · Aug 6, 2009

Mr. President, I rise to discuss the Gold Hill-Wakamatsu Preservation Act. This legislation would authorize the Bureau of Land Management to acquire and manage the Gold Hill Ranch near Coloma,…

Tom Harkin
Sen. Tom HarkinD-IA · Aug 6, 2009

Mr. President, our national energy situation continues to deteriorate. Volatile petroleum and gasoline prices threaten our economy, and our oil imports are responsible for an incredibly large wealth…

Patrick J. Leahy
Sen. Patrick J. LeahyD-VT · Aug 6, 2009

Mr. President, today, I am pleased to introduce the Reserve Officers Association Modernization Act of 2009. I want to thank Senators Chambliss and Pryor for joining me to introduce this legislation.…

Edward M. Kennedy
Sen. Edward M. KennedyD-MA · Aug 6, 2009

Mr. President, this morning, 660,000 police officers and 300,000 firefighters across the country will get up and go to work to protect our homes, our families, and our communities. They will go into…

Jeff Sessions
Sen. Jeff SessionsR-AL · Aug 6, 2009

Mr. President, Senator Whitehouse's legislation would help American consumers bring civil claims against foreign manufacturers who produce faulty goods and send them into the U.S. market. Currently,…

Jeff Merkley
Sen. Jeff MerkleyD-OR · Aug 6, 2009

Mr. President, in recent years, consumer credit has gone from providing convenience and short-term financing to a game of tricks and traps that strips families of hard earned resources and locks the…

Nick J. Rahall II
Rep. Nick J. Rahall IID-WV-3 · Dec 14, 2010

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…

Rick Larsen
Rep. Rick LarsenD-WA-2 · Dec 14, 2010

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…

Don Young
Rep. Don YoungR-AK · Dec 14, 2010

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…

Eni F. H. Faleomavaega
Rep. Eni F. H. FaleomavaegaD-AS · Dec 14, 2010

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…

Bill Text

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Enrolled BillPublication date not provided
        [Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1609 Enrolled Bill (ENR)]

S.1609

One Hundred Eleventh Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten

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 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 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.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.