[Congressional Record Volume 144, Number 150 (Tuesday, October 20, 1998)]
[Senate]
[Page S12738]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         THE OCEANS ACT OF 1998

 Mr. McCAIN. Mr. President, I rise in support of the Oceans Act 
of 1998 and several other fisheries issues included in the legislation. 
In addition to the Oceans Act, this bill approves the Governing 
International Fishery Agreements between the government of the United 
States and the governments of the Republics of Lithuania and Estonia. 
These agreements will permit large processing vessels from these 
countries to enter the United States Exclusive Economic Zone and 
process fish caught by U.S. fishermen in fisheries where American 
processors have insufficient capacity. These privileges have been 
authorized this year for vessels of Poland and Latvia as well. I 
support these agreements because they provide needed markets for 
American fishermen to sell their catch. However, I believe we have 
inadvertently worked an injustice upon a large U.S. vessel, the 
Atlantic Star.
  The Atlantic Star is a U.S.-owned, U.S. flag fishing vessel that was 
refitted last year for the herring and mackerel fisheries off the East 
Coast. The vessel had received all necessary permits to enter these 
fisheries. Because the Regional Fishery Management Councils had not 
then developed plans or plan amendments addressing the entry of large 
vessels into these fisheries, Congress enacted an appropriations rider 
which voided the permits for this specific vessels and imposed a one-
year moratorium on the entry of the Atlantic Star into any U.S. fishery 
in order to give the Councils time to examine the issue. Meanwhile, the 
vessel has had to leave the United States in order to operate at all.
  The Councils held hearings and carefully reviewed the issues. 
Recently, the Mid-Atlantic Council recommended size limitations on 
large harvesting vessels engaged in the mackerel fishery, but has not 
decided to extend similar limitations to processing vessels. This would 
allow U.S. flag vessels, such as the Atlantic Star to process fish 
caught by U.S. fishermen, just as the foreign flag vessels we are 
allowing in today will be able to do. By providing another market for 
U.S. fishermen it would also provide employment and economic benefits 
to the region. Moreover, unlike foreign vessels, U.S. flag processing 
vessels must pay U.S. income taxes, employ Americans and are subject to 
U.S. labor and environmental laws, requirements that benefit all 
Americans.
  Unfortunately, during deliberations on the Commerce-Justice-State 
Appropriations Act of 1999, which will be included in the Omnibus 
Appropriations bill for 1999, the Senate accepted language creating a 
blanket exclusion of the Atlantic Star. We are now in the awkward 
position of authorizing the entry of foreign vessels to process U.S.-
caught fish, while excluding our own U.S. processing vessels. 
Ironically, if the Atlantic Star were to give up her U.S. flag and 
operate under Lithuanian or Estonian flag, she could come into the 
United States and operate as a processing vessel in these U.S. 
fisheries, free from U.S. income tax, employing all foreign crew and 
exempt from other U.S. laws.
  I support the development of our American fishing industry, while 
ensuring the long-term health and management of the resource. The 
principles of the Magnuson-Stevens Act--the primary fisheries law of 
the land--long ago established the priority to be afforded American 
vessels to harvest and process fish inside the U.S. Exclusive Economic 
Zone. Excluding U.S. processing vessels in the face of the Council's 
contrary judgment and while allowing foreign processing vessels into 
the same fishery does a disservice, not only to American catcher-vessel 
fishermen who seek markets for the fish and to the crew and owners of 
the Atlantic Star, but to all Americans. Frankly, it is a policy that 
simply makes no sense. I hope my colleagues will join me in revisiting 
this issue early in the new Congress.

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