Page:United States Statutes at Large Volume 124.djvu/3610

 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