[Congressional Record Volume 143, Number 108 (Monday, July 28, 1997)]
[House]
[Pages H5832-H5834]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            MORATORIUM ON LARGE FISHING VESSELS IN ATLANTIC

  Mr. SAXTON. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1855) to establish a moratorium on large fishing vessels in 
Atlantic herring and mackerel fisheries, as amended.
  The Clerk read as follows:

                               H.R. 1855

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. MORATORIUM.

       (a) In General.--Notwithstanding any provision of the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1801 et seq.), no large fishing vessel may engage in 
     fishing for Atlantic herring or Atlantic mackerel within the 
     United States exclusive economic zone until--
       (1) the National Marine Fisheries Service has completed a 
     new population survey into the abundance of the discrete 
     spawning stocks of Atlantic herring and Atlantic mackerel; 
     and
       (2) the Secretary of Commerce has approved and implemented 
     fishery management plans developed by the appropriate 
     regional fishery management council for Atlantic herring and 
     Atlantic mackerel, which specifically allow large fishing 
     vessels to participate in those fisheries.
       (b) Large Fishing Vessel Defined.--In this section, the 
     term ``large fishing vessel''--
       (1) except as provided in paragraph (2), means a fishing 
     vessel (as that term is defined in section 3 of the Magnuson-
     Stevens Fishery Conservation and Management Act (16 U.S.C. 
     1802)) of the United States that is equal to or greater than 
     165 feet in length overall and has an engine of more than 
     3,000 horsepower; and
       (2) does not include such a vessel that engages only in 
     processing fish harvested by fishing vessels of the United 
     States.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey [Mr. Saxton] and the gentleman from Hawaii [Mr. Abercrombie] 
each will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey [Mr. Saxton].
  Mr. SAXTON. Mr. Speaker, I yield myself such time as I may consume. 
Let me just begin my very brief remarks by thanking the gentleman from 
Hawaii for his ardent and helpful effort with regard to moving this 
bill swiftly through the committee and bringing it here to the floor. 
The gentleman from Hawaii [Mr. Abercrombie] and I have worked very 
closely together and I want to express my deep appreciation to him at 
this point.
  Mr. Speaker, I rise in strong support, obviously, of H.R. 1855, a 
simple and straightforward measure that will place a moratorium on 
large fishing vessels in the Atlantic mackerel and herring fisheries.
  Why is congressional intervention and management of these two species 
needed? Well, herring and mackerel are the two fisheries on the east 
coast that have not been fished to death yet. Mackerel, the mackerel 
world market and the prices have increased substantially because the 
eastern European countries can no longer depend on Government support 
and because the demand for mackerel and herring in those societies has 
grown to an unprecedented level.
  This has created an economic reason to fish on these two species and 
it has created therefore new fishing pressure.
  Herring has just recently recovered from being badly overfished. This 
recovery caused serious pain among the New England fishermen who had to 
find an alternative source of fish in order for them to survive. They 
increasingly turned to cod and haddock at Georges Bank, which has since 
been overfished and that fish stock has now crashed. Now herring is 
being targeted once again.
  Now it looks as though the Atlantic herring and mackerel fisheries 
are faced with a new disastrous threat. Large fishing vessels are 
poised to enter these fisheries. High prices and the apparent abundance 
of these species has attracted the attention of fishermen and 
businessmen throughout the world who have responded by investing in 
large fishing vessels to harvest this American resource for sale 
overseas because there is no market here. The market is overseas.
  The capacity of each of these vessels exceeds 50 metric tons per 
year. That is a large fishing vessel, to say the least. One such vessel 
plans to begin harvesting this fall. It is therefore imperative that we 
establish safeguards to prevent another fishing disaster like those 
suffered by redfish, shark, striped bass, as well as cod and haddock, 
which I mentioned before.
  There are a number of things that we need to point out. Fact No. 1, 
we do not know with any certainty how many fish, that is, mackerel and 
herring, there are. The National Marine Fisheries Service, which we 
know as NMFS, has not done a stock assessment specifically on herring 
and mackerel stocks. The only information we have on these species is 
from a complex large pelagic survey that was done and incidentally, 
just incidentally, mentions herring and mackerel. Therefore, fact No. 1 
is that we do not know how many fish there are.
  Fact No. 2, the moratorium is temporary in nature but it is also an 
emergency measure. The moratorium on large fishing vessels will only 
last as long as it takes the National Marine Fisheries Service to do a 
separate stock assessment on herring and mackerel to find out how many 
fish there are, two tremendously important east coast fisheries. 
Imagine that, knowing how many fish there are before we begin to take 
them in large numbers.

                              {time}  1415

  So fact No. 2, we need to do stock assessments before additional 
fishing pressure is brought to bear on these species.
  Fact No. 3, the councils that care for these fisheries or regulate 
these fisheries are moving quickly to preserve them as well, but they 
need more time. The mid-Atlantic and New England fisheries management 
councils have passed resolutions and motions to protect these fisheries 
from overharvest. The councils need the time to react to what could be 
a sudden unsustainable increase in the harvest. This bill gives them 
the time to develop fishery management plans which do not exist at this 
time.
  Fact No. 4, the National Marine Fisheries Service has guessed that 
the mackerel fishery can sustain only about 150,000 metric tons of 
annual harvest. Three of these large vessels, which are poised to enter 
this fishery, could easily meet and possibly exceed this harvest within 
a single year. It is not clear that the resource can withstand this 
fishing effort and remain healthy and viable. Therefore, we need to 
take care of the management plan before this fishing pressure starts.
  The National Marine Fisheries Service seems content to wait until the 
stocks crash before taking action to protect these fisheries. That is 
why we need this moratorium. As someone who has witnessed the pain and 
suffering experienced by fishermen from New England, I do not believe 
that we should fish now and pay later. We must end this cycle of 
destroying our resources without knowing how much fishing pressure they 
can endure. Help to conserve the Atlantic herring and mackerel stocks 
by voting ``yes'' on this bill, H.R. 1855.
  Mr. Speaker, I reserve the balance of my time.
  Mr. ABERCROMBIE. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mr. ABERCROMBIE asked and was given permission to revise and extend 
his remarks.)
  Mr. ABERCROMBIE. Mr. Speaker, before I begin, I would like to thank 
the gentleman from New Jersey [Mr. Saxton] for his kind remarks. I 
would like, in addition, to cite the work of the staff with regard to 
this and other bills, Mr. Speaker. It is outstanding work always.
  Mr. Speaker, the remarks of the gentleman from New Jersey are such 
that I think they make a compelling case in and of themselves. I would 
like not to reiterate them but to amplify them somewhat.
  The temporary moratorium on the entry of large fishing vessels into 
these two fisheries will provide the East

[[Page H5833]]

Coast councils the opportunity they need to develop management plans to 
protect the resources without the threat of overcapitalization. I think 
that the gentleman from New Jersey has made a clear and compelling case 
in that regard.
  Too many fisheries in the United States are already overcapitalized, 
and seasons that used to last for months are now over in days. In New 
England, coastal communities have been devastated by the crash of cod 
and haddock stocks. Mackerel and herring will be the only healthy 
fisheries if they can survive the next several years, but not if those 
stocks are suddenly being harvested by an influx of large vessels. Four 
or five of these boats could eliminate the opportunities for fishermen 
that have little else to depend upon.
  It is time that we learn from the mistakes of the past and encourage 
the proactive approach by the councils to the problems of 
overcapitalization. This bill does that by giving the councils the time 
to do their job. It will be good for the fishing industry and the fish, 
and I urge Members to support the bill.
  Mr. Speaker, I yield 2 minutes to the gentleman from Maine [Mr. 
Allen].
  Mr. ALLEN. Mr. Speaker, I thank the gentleman from Hawaii [Mr. 
Abercrombie] for yielding me this time, I thank the gentleman from New 
Jersey [Mr. Saxton] for his leadership on this issue, and I thank both 
of them on behalf of fishermen all throughout the State of Maine.
  Mr. Speaker, I rise today as an original cosponsor of H.R. 1855. This 
bill establishes a moratorium on the introduction of large fishing 
vessels into the Atlantic Coast herring and mackerel fisheries until 
comprehensive studies are conducted on the health of the spawning 
stocks.
  Several initiatives financed by foreign countries have surfaced which 
focus on the use of very large offshore factory trawlers on the 
Atlantic Coast to catch and process large quantities of mackerel and 
herring. This is of great concern to local fishermen in Maine, 
Massachusetts, Rhode Island, and New Jersey who are working to develop 
these fisheries locally.
  We are all aware of the devastating effect overfishing has had on our 
ecosystem. European stocks have been severely overfished, accounting 
for world interest in U.S. stocks. While our stocks are considered to 
be strong, stocks of mackerel and herring, many in the industry do not 
believe they are robust enough to withstand the take of large factory 
trawlers. There is no Federal fishery management plan for herring and 
the scientific information on the abundance of both species is 
questionable.
  Mr. Speaker, we simply cannot repeat the mistakes of the past by 
overfishing and overcapitalizing our marine resources. This is 
responsible legislation and I urge its passage.
  Mr. ABERCROMBIE. Mr. Speaker, I yield 4 minutes to the gentleman from 
Massachusetts [Mr. Delahunt].
  Mr. DELAHUNT. Mr. Speaker, I want to extend my gratitude to the 
chairman of the subcommittee, who has really provided some leadership 
in this matter that concerns us all here.
  More than 20 years ago my predecessor, Gerry Studds, in this Chamber 
helped enact landmark legislation to ensure that foreign fleets would 
no longer be allowed to deplete fish stocks off our coasts. Well, here 
we go once more. Unless we vote today to approve H.R. 1855, factory 
trawlers will return and will bring with them an updated high-tech 
version of overfishing aimed at two of the few healthy stocks we still 
have left, Atlantic herring and mackerel.
  As the House deliberates today, at least one displaced factory 
trawler is being retrofitted in Norway in preparation to set sail for 
the waters off the New England coast. This one vessel alone is capable 
of harvesting 50,000 metric tons of mackerel in 1 year, one-third of 
the maximum sustainable yield for the whole Atlantic coast, not to 
mention the likely impact of bycatch on haddock and scores of other 
marine species.
  We just do not know enough about the population dynamics of herring 
and mackerel to risk placing such enormous new pressures on these 
species, species on which the industry, marine mammals, coastal 
communities and the entire coastal ecosystem depend. Without this bill, 
we stand to repeat the mistakes of the past.
  In the late 1960's and 1970's, large Russian and Polish vessels plied 
our shores and threatened to decimate our fishing industry and our 
stocks. It took the passage of the Magnuson Act to push them from our 
waters, leaving what we thought was plenty of fish to go around.
  Meanwhile, however, we allowed our own industry to expand. Soon it 
was vastly overcapitalized, putting renewed pressures on groundfish. We 
are all too aware of the consequences.
  Yet less than a year after reauthorizing the Magnuson Act, we are 
watching factory trawler vessels again prepare to invade our fisheries. 
New England fishermen, stressed by declining stocks, higher prices and 
a shortened season, face bleak times as we await the slow process of 
rebuilding groundfish stocks.
  Already, we have too many boats chasing too few fish and far too many 
vessels that will never again go to sea at all. Without this bill, 
local fleets trying to diversify their interests will be rewarded only 
by drastic levels of new competition that will remain with us forever.
  For the sake of both fish and the fishermen, it is my own hope that 
the Fisheries Council will develop and implement management plans that 
make further congressional action unnecessary. I strongly support H.R. 
1855 because it encourages the council to complete this important work 
and because it shows that we can learn from our mistakes.
  Mr. ABERCROMBIE. Mr. Speaker, I yield such time as he may consume to 
the gentleman from Massachusetts [Mr. Tierney].
  Mr. TIERNEY. Mr. Speaker, I want to thank the ranking member for 
yielding me this time, and also the chairman, who was kind enough to 
carry through on his pledge made to me during the subcommittee hearings 
in addressing my concerns with the unintended loopholes that were 
originally in the legislation.
  Mr. Speaker, before I comment on the present status of the issue, or 
even the future, I feel it is important to take a look back at the 
recent history of the fishing history in the United States, 
specifically in the New England area.
  It was barely 20 years ago that we faced the decimation of fishing 
stocks because of overfishing. We face the prospect of repeating that 
mistake. This time, however, the threat could be much larger.
  While I respect my colleagues from the west coast who might oppose 
this legislation, it is, in fact, the very current condition of the 
North Pacific Pollock Fishery, located off the west coast, that leads 
me to be concerned about the havoc these trawlers could wreak on the 
herring and mackerel fisheries found in the Atlantic.
  Mr. Speaker, we are trying to ensure the viability of our fishing 
industry in the Northeast by preventing the factory trawlers from 
overfishing the waters at the expense of fishermen whose very 
livelihoods depend on a well-plenished fishery. While the herring and 
mackerel stock are currently thriving, my concern is shared with the 
gentleman from Massachusetts [Mr. Delahunt] that by allowing these 
factory trawlers in the area, we will place the smaller fishing boats 
at risk once again. And these are, in fact, the same sized fishing 
boats that suffered the blunt of the depleted stocks that occurred in 
the 1970's.
  Once these factory boats are in our waters, it would be extremely 
difficult to control the size and scope of their catch. Our fishing 
industry will never survive if we make that mistake.
  Protecting the natural resource is intelligent public policy, whether 
we are talking about the industry's interest or the public interest or 
the interest of the conservation community. I support this moratorium 
to allow the National Marine Fisheries Service and the Department of 
Commerce time to complete the requirements as outlined in the bill.
  Mr. Speaker, many of my constituents up in Gloucester, as well as 
other areas of my district, are extremely concerned about this issue. 
In fact, I know many of these people who have worked tirelessly on the 
issue and support this bill are now watching the debate at this very 
moment. I join them

[[Page H5834]]

in pressing for the necessary protection to continue the fishing 
tradition that has been passed down from family to family, from 
generation to generation. It is my hope that we will not inherit from a 
previous generation the problem of depleting these much-needed 
resources.
  Again, I thank the ranking member and the chairman for providing me a 
chance to have input in this process.
  Mr. ABERCROMBIE. Mr. Speaker, may I inquire as to how much time is 
remaining?
  The SPEAKER pro tempore. The gentleman from Hawaii [Mr. Abercrombie] 
has 10 minutes remaining and the gentleman from New Jersey [Mr. Saxton] 
has 14 minutes remaining.
  Mr. ABERCROMBIE. Mr. Speaker, I yield 2 minutes to the gentleman from 
Maine [Mr. Baldacci].

                              {time}  1430

  Mr. BALDACCI. Mr. Speaker, I thank the gentleman from Hawaii [Mr. 
Abercrombie] for yielding me the time.
  Mr. Speaker, I rise today in support of H.R. 1855. As a cosponsor of 
this legislation, I know that it is going to establish a moratorium on 
entry of large fishing vessels in the Atlantic for herring and mackerel 
fisheries.
  Herring have provided a living for Mainers for well over 100 years. 
From sardines and exports to lobster bait, the fishery continues to 
play a prominent role in the economies of coastal communities. 
Estimates and anecdotes suggest that a large herring fishery exists, 
but the resource is poorly understood.
  The National Marine Fisheries Service has not yet done a stock 
assessment. While the resource appears to have potential, it is of 
grave concern to most of the maritime community that there is no 
fishery management plans in place and that there is no way to ensure 
that the harvest is conducted at a sustainable rate.
  The absence of sound science clearly impacts the ability of the 
councils to develop or amend the appropriate fishery management plans. 
It is clear that the councils are moving in that direction. I believe 
that it is essential to develop the research that will serve as the 
foundations for sound plans. This bill does just that. It calls for the 
science to be conducted. It gives the councils the breathing room 
necessary to develop solid plans.
  What makes congressional action necessary is the prospect that 
fishing efforts for the two species may rapidly overdevelop and include 
very large freezer trawlers. This troubling scenario is compounded by 
the very real possibility that this could all occur before 
comprehensive plans are in place.
  I would add that the moratorium would be temporary. It would remain 
in place until the completion of population survey and the approval of 
management plans. I urge my colleagues to support H.R. 1855.
  Mr. ABERCROMBIE. Mr. Speaker, I yield back the balance of my time.
  Mr. SAXTON. Mr. Speaker, yielding myself such time as I may consume, 
as has been stated here with regard to the species in question, there 
is a significant population of herring and mackerel, and we believe 
that it is important that we maintain a balance within the ocean 
ecosystem and that this species should be protected from 
overharvesting.
  We do not want, in other words, history to repeat itself, as it did 
with the shark population, when the National Marine Fishery Service, in 
the 1980's, declared it an underutilized species. The species was 
fished on with very, very heavy fishing pressure. And by 1993, the 
National Marine Fisheries Service had to declare the shark fishery an 
endangered fishery.
  As with regard to other historical precedents, red fish in the Gulf 
of Mexico, in 1980 it was declared an underutilized species, and by 
1986, with the taking of more than 10 million tons a year, the species 
became overutilized, overfished, and endangered.
  Another example is with regard to an international problem with 
regard to the Atlantic blue fin tuna. During the 1970's, blue fin were 
abundant all over the north Atlantic and the south Atlantic, as well. 
Today, the blue fin population, because of overfishing, is just 13 
percent of what it was back in those years.
  So, in order to avoid this occurrence with regard to herring and 
mackerel, I urge passage of this bill.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Goodlatte). The question is will the 
House suspend the rules and pass the bill, H.R. 1855, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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