[Congressional Record Volume 142, Number 53 (Tuesday, April 23, 1996)]
[House]
[Pages H3687-H3689]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              COOPERATIVE FISHERIES MANAGEMENT ACT OF 1996

  Mr. TORKILDSEN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2160) to authorize appropriations to carry out the 
Interjurisdictional Fisheries Act of 1986 and the

[[Page H3688]]

Anadromous Fish Conservation Act, as amended.
  The Clerk read as follows:

                               H.R. 2160

       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 ``Cooperative Fisheries 
     Management Act of 1996''.

     SEC. 2. REAUTHORIZATION OF INTERJURISDICTIONAL FISHERIES ACT 
                   OF 1986.

       Section 308 of the Interjurisdictional Fisheries Act of 
     1986 (16 U.S.C. 4107) is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) General Appropriations.--There are authorized to be 
     appropriated to the Department of Commerce for apportionment 
     to carry out the purposes of this title--
       ``(1) $3,400,000 for fiscal year 1996;
       ``(2) $3,900,000 for fiscal year 1997; and
       ``(3) $4,400,000 for fiscal year 1998.'';
       (2) in subsection (c) by striking ``$350,000 for each of 
     the fiscal years 1989, 1990 1991, 1992, and 1993, and 
     $600,000 for each of the fiscal years 1994 and 1995,'' and 
     inserting ``$650,000 for fiscal year 1996, $700,000 for 
     fiscal year 1997, an $750,000 for fiscal year 1998,''; and
       (3) in subsection (d)--
       (A) in the heading by striking ``Grants'' and inserting 
     ``Assistance'';
       ((B) in paragraph (1) by striking ``award grants to person 
     engaged in commercial fisheries, for uninsured losses 
     determined by the Secretary to have been suffered'' and 
     inserting ``help persons engaged in commercial fisheries, 
     either by providing assistance directly to those persons or 
     by providing assistance indirectly through State and local 
     government agencies and nonprofit organizations, for projects 
     or other measures to alleviate harm determined by the 
     Secretary to have been incurred'';
       (C) in paragraph (3), by striking ``a grant'' and inserting 
     ``direct assistance to a person'';
       (D) in paragraph (3) by striking ``gross revenues 
     annually,'' and inserting ``net revenues annually from 
     commercial fishing,'';
       (E) by striking paragraph (4) and inserting the following:
       ``(4)(A) Assistance may not be provided under this 
     subsection as part of a fishing capacity reduction program in 
     a fishery unless the Secretary determines that adequate 
     conservation and management measures are in place to rebuild 
     the fishery over a reasonable time period.
       ``(B) As a condition of awarding assistance with respect to 
     a vessel under a fishing capacity reduction program, the 
     Secretary shall--
       ``(i) prohibit the vessel from being used for fishing; and
       ``(ii) require that the vessel be--
       ``(I) scrapped or otherwise disposed of in a manner 
     approved by the Secretary; or
       ``(II) donated to a nonprofit organization and thereafter 
     used only for purposes of research, education, or training.
       ``(C) A vessel that is prohibited from fishing under 
     subparagraph (B) shall not be eligible for a fishery 
     endorsement under section 12108(a) of title 46, United States 
     Code, and any such endorsement for the vessel shall not be 
     effective.''; and
       (F) in paragraph (5) by striking ``for awarding grants'' 
     and all that follows through the end of the paragraph and 
     inserting ``for receiving assistance under this 
     subsection.''.

     SEC. 3. REAUTHORIZATION OF THE ANADROMOUS FISH CONSERVATION 
                   ACT.

       Section 4 of the Anadromous Fish Conservation Act (16 
     U.S.C. 757d) is amended to read as follows:
       ``Sec. 4. (a)(1) There are authorized to be appropriated to 
     carry out the purposes of this Act not to exceed the 
     following sums:
       ``(A) $4,000,000 for each of fiscal years 1996 and 1997.
       ``(B) $4,250,000 for fiscal year 1998.
       ``(2) Sums appropriated under this subsection are 
     authorized to remain available until expended.
       ``(b) Not more than $625,000 of the funds appropriated 
     under this section in any one fiscal year shall be obligated 
     in any one State.''.

     SEC. 4. AMENDMENT TO THE FISHERIES ACT OF 1995.

       Section 309(b) of the Fisheries Act of 1995 (Public Law 
     104-43) is amended by striking ``July 1, 1996'' and inserting 
     ``July 1,1997''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Massachusetts [Mr. Torkildsen] and the gentleman from Massachusetts 
[Mr. Studds] will each be recognized for 20 minutes.
  The Chair recognizes the gentleman from Massachusetts [Mr. 
Torkildsen].
  Mr. TORKILDSEN. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, H.R. 2160, the Cooperative Fisheries Management Act of 
1995 reauthorizes two important fisheries laws: the Interjurisdictional 
Fisheries Act of 1986 and the Anadromous Fish Conservation Act.
  Both these laws help coordinate the management of species that 
migrate between Federal and State waters, as well as those species 
migrating between neighboring States' waters. With the reauthorization 
of these two laws, we will provide much needed resources to States to 
coordinate the management of these migrating species of fish.
  In addition, this legislation allows the National Oceanic and 
Atmospheric Administration to release disaster assistance funds in New 
England, the Northwest, and the Gulf of Mexico. It is important to note 
that these disaster assistance funds have already been appropriated and 
this bill only makes legislative changes to allow the money to be used 
in the regional assistance programs.
  For example, NOAA is conducting a vessel buy-out program in the 
Northeast to reduce fishing capacity. Currently, NOAA is limited to 
purchasing vessels valued under $100,000. This does not allow NOAA to 
buy-out the larger vessels, which tend to catch more fish, and are 
often valued at well over $100,000. During the pilot vessel buy-out 
program, over 95 percent of the 114 voluntary bids received were over 
$100,000. This legislation lifts this cap to allowing NOAA to include 
the vast majority of fishing vessels in this buy-out program.
  Additionally, this bill changes the term ``gross revenues'' to 
``net revenues from commercial fishing.'' This change will allow the 
New England buy-out program to target high-liners and large vessels 
which might not be eligible because the vessel owner earned too much 
money either from fishing or from other related ventures. This type of 
large, successful vessel may be the very type of vessel we need to 
remove from the fishery. This change will allow NOAA the flexibility to 
target those vessels which have had the most impact on groundfish 
stocks, buy them out, and remove them from the fishery.

  H.R. 2160, assures that vessels bought under this program will be 
removed from fishing in any fishery, including State waters, by 
invalidating the commercial fishing endorsement on the Coast Guard 
documentation for any vessel participating in the buy-out program. 
Vessels purchased through this buy-out program must either be scrapped, 
disposed of in a manner approved by the Secretary, or donated to a 
nonprofit for the purposes of education, training or research.
  As I previously stated this bill also makes legislative changes 
allowing NOAA to expend the much needed disaster assistance funding in 
the Northwest and the Gulf of Mexico.
  Mr. Speaker, fishing families in my district, and throughout the 
country, are struggling to adjust to new Federal restrictions on 
groundfishing. And while some new regulations are necessary, we in 
Congress have an obligation to assist fishing families survive the 
difficult transition period ahead.
  This bill takes several steps to provide relief to fishing families 
who have never asked for anything more than the chance to make an 
honest living.
  Mr. Speaker, I urge the passage of this important legislation, and I 
reserve the balance of my time.
  Mr. STUDDS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of this bill which reauthorizes 
appropriations for two small, but important Federal grants programs, 
the Interjurisdictional Fisheries Act and the Anadromous Fish 
Conservation Act.
  These two acts authorize grants to States to encourage them to 
develop cooperative agreements, research, and management plans to 
conserve and protect anadromous and other coastal fishery resources. 
These are not new programs. Both have been successfully implemented for 
many years, and both share broad support among State and Federal 
fisheries management agencies and the three interstate fisheries 
management commissions.
  In addition, the bill authorizes the Secretary of Commerce to 
implement a vessel buyout program to reduce over-capacity in the 
decimated New England groundfish fishery. This buyout will be an 
integral part of the effort to rebuild the stocks in New England, but 
it will not do the entire job. For that reason, the bill also requires 
that a rebuilding plan, recently developed by the New England Fishery 
Management Council, must be approved by the Secretary before the buyout 
may proceed.
  This is a noncontroversial bill that extends two programs which have 
enjoyed years of success and ensures that taxpayer dollars spent on a 
buyout in New England will achieve the desired

[[Page H3689]]

results. I ask Members to support it passage.
  Mr. Speaker, to the best of my knowledge, there are no further 
figleaves at the moment on this side, although I must say to the 
gentleman I find it difficult to picture either Venus or Neptune so 
attired. Maybe we are immune here.
  Mr. Speaker, I reserve the balance of my time.
  Mr. TORKILDSEN. Mr. Speaker, in the spirit of a fig leaf-free 
Congress, I yield such time as he may consume to the gentleman from New 
Jersey [Mr. Saxton].
  Mr. SAXTON. Mr. Speaker, I thank the gentleman for being here today 
to manage this bill and for the very important role that he played in 
supporting this bill to get it here.
  I would also like to say to the gentleman from Massachusetts [Mr. 
Studds], I thank him for his very fine cooperation on this and many 
other bills we have worked on together during his tenure here.
  Mr. Speaker, I rise in strong support of H.R. 2160, the Cooperative 
Fisheries Management Act. This legislation will reauthorize two 
important fishery Acts: the Inter-jurisdictional Fisheries Act and the 
Anadromous Fish Conservation Act.
  These two acts have done an exceptional job of getting the States, 
the Federal Government, non-Federal interests and, in some cases, 
foreign nations to cooperate in the management of transboundary fishery 
resources.
  Both of these acts use grant money to fund research done by the 
States, interstate commissions, or other interested parties. This 
allows us to gain a greater understanding of the resource and improve 
our management techniques.
  By reauthorizing these acts, we are demonstrating our commitment to 
the survival and longevity of these unique fishery resources. Without 
cooperative management, these resources will likely become depleted, 
and some species could become extinct. I think it is important to note 
that we have reduced authorization levels for both of these programs by 
almost 50 percent.
  Mr. Speaker, this is an important piece of legislation and I urge my 
colleagues to vote ``aye'' on H.R. 2160.

                              {time}  1630

  Mr. TORKILDSEN. Mr. Speaker, I yield such time as he may consume to 
the gentleman from Maine [Mr. Longley].
  Mr. LONGLEY. Mr. Speaker, I want to speak on behalf of the act. I 
think the bill authorizes two important fisheries management laws, the 
Interjurisdictional Fisheries Act of 1986 and the Anadromous Fish 
Conservation Act. These laws promote, through grant programs, 
coordination between State and Federal agencies in the management of 
migrating species of fish.
  H.R. 2160, in addition, will allow for the expenditure of already 
appropriated disaster relief money in the Northwest, the Gulf of 
Mexico, and for a vessel buyout program in New England.
  Mr. Speaker, I end my remarks by urging Members to support this bill, 
but with a particular reference to the very difficult time that many of 
the fishermen from Maine are having dealing with the depletion of the 
species and the need to restore our stocks. There is a limited amount 
that the Federal Government can do, but we are trying to do what we can 
to provide some relief to the fishermen that are under such distress.
  So, again, I compliment my colleagues from Massachusetts on both 
sides of the aisle for their efforts in support of this legislation.
  Mr. STUDDS. Mr. Speaker, I yield myself such time as I may consume to 
say that I have no further requests for time, and I note the return of 
a bipartisan comity down here, and I am tempted to call up a number of 
other bills but I will resist.
  Mr. Speaker, I yield back the balance of my time.
  Mr. TORKILDSEN. Mr. Speaker, I yield myself such time as I may 
consume to say, in closing, I would like to applaud my colleague from 
Massachusetts as ranking member of the subcommittee, also in his 
previous role as chairman of the Committee on Merchant Marine and 
Fisheries, a very, very strong advocate of this program and many other 
programs, both to protect the environment and to assist fishing 
families. We certainly appreciate the spirit in which he has offered 
many pro-environmental and pro-fishing pieces of legislation, and we 
will certainly miss that contribution to the House Chamber when he 
retires at the end of this year.
  Mr. Speaker, I also want to applaud the effort of our colleague from 
New Jersey, the chairman of the subcommittee, for the leadership he has 
shown in bringing this important legislation to the floor. Again, on 
behalf of the environment, on behalf of States managing coastal areas, 
I urge all Members to vote for this legislation.
  Ms. FURSE. Mr. Speaker, I rise today in strong support of H.R. 2160, 
the Cooperative Fisheries Management Act. Oregon's fishermen and women 
who have been devastated by plummeting salmon populations will benefit 
greatly from this bill.
  The bill accomplishes three important goals. First, the bill will 
allow emergency Federal assistance for fishery disasters to be provided 
directly to the fishers affected. Second, the measure eliminates the 
current cap which limits the amount of disaster assistance a fisher may 
receive. And finally, the bill will eliminate the $100,000 limit on 
assistance to any individual.
  While not a cure for the complex problem of restoring the world-class 
salmon runs of the Pacific Northwest, this bill will help alleviate 
some of the hardships felt by displaced fishers. In short, H.R. 2160 
helps cut out the road blocks and redtape in the fishing disaster 
relief program.
  In August 1995, we were fortunate enough to receive a multimillion 
dollar assistance package for Northwest salmon fishers who had been 
hard-hit by the collapse of fishery resources from the effects of El 
Nino and drought. Passage of this legislation will ensure that we can 
distribute these funds in a more efficient manner and gain the most 
relief per dollar for struggling Northwest fishing communities.
  I greatly appreciate the leadership of Chairman Young and 
Representative Studds on this legislation and their willingness to 
honor the requests of Pacific Northwest legislators like myself to move 
this bill quickly so that fishers in our districts can benefit 
immediately from its provisions.
  Mr. TORKILDSEN. Mr. Speaker, I have no further requests for time, and 
I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Upton). The question is on the motion 
offered by the gentleman from Massachusetts [Mr. Torkildsen] that the 
House suspend the rules and pass the bill, H.R. 2160, as amended.
  The question was taken.
  Mr. TORKILDSEN. Mr. Speaker, I object to the vote on the ground that 
a quorum is not present and make the point of order that a quorum is 
not present.
  The SPEAKER pro tempore. Pursuant to clause 5, rule I, and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

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