[Congressional Record Volume 147, Number 9 (Wednesday, January 24, 2001)]
[Senate]
[Pages S528-S529]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. COLLINS (for herself and Mr. Kerry):
  S. 162. A bill to amend the Internal Revenue Code of 1986 to provide 
a business credit against income for the purchase of fishing safety 
equipment; to the Committee on Finance.
  Ms. COLLINS. Mr. President, I rise today to introduce the Commercial 
Fishermen Safety Act of 2001, a bill to help fishermen purchase the 
life-saving safety equipment they need to survive when disaster 
strikes. I am very pleased to be joined by my colleague from 
Massachusetts, Senator John Kerry, in introducing this legislation. 
Senator Kerry is a true friend of fishermen and, as ranking member of 
the Oceans and Fisheries Subcommittee, a leader in the effort to 
sustain our fisheries and maintain the proud fishing tradition that 
exists in his State and in mine. The release last summer of the movie 
``The Perfect Storm'' provided millions of Americans with a glimpse of 
the challenges and the dangers associated with earning a living in the 
fishing industry. Based on a true story, this movie, while very 
compelling, merely scratches the surface of what it is like to be a 
modern-day fisherman. Every day, members of our fishing community 
struggle to cope with the pressures of running a small business, 
complying with extensive regulations, and maintaining their vessels and 
equipment. Added to these challenges are the dangers associated with 
fishing where disaster can strike in conditions that are far less 
extreme than those depicted by the movie.
  Year in and year out, commercial fishing is among our Nation's most 
dangerous occupations. According to the data compiled by the Coast 
Guard and the Bureau of Labor Statistics, 536 fishermen have lost their 
lives at sea since 1994. In fact, with an annual fatality rate of about 
140 deaths per 100,000 workers, fishing is 30 times more dangerous than 
the average occupation.
  The year 2000 will always be remembered in Maine's fishing 
communities as a year marked by tragedy. The year began with the loss 
of the trawler Two Friends, 12 miles off the coast of York, ME, on 
January 25. Two of the three crew members died in icy waters after 
their vessel capsized in 16-foot seas. The year concluded with yet 
another tragedy, the loss of the scallop dragger Little Raspy on 
December 14. Three fishermen died when the 30-foot vessel sank in 
Chandler Bay near Jonesport, ME. All told, nine commercial fishermen 
lost their lives off the coast of Maine last year. That exceeded the 
combined casualties of the 3 previous years.
  The death of a 27-year-old fisherman just a few days ago in the Gulf 
of Maine adds to the grief endured by those in Maine's small, close-
knit fishing communities still trying to cope with the tragedies of the 
last year.
  Yet as tragic as the year was, it could have been even worse. Heroic 
acts by the Coast Guard and other fishermen resulted in the rescue of 
13 commercial fishermen off the coast of Maine in the year 2000. In 
most of these circumstances, the fishermen were returned to their loved 
ones and families because they had access to safety equipment that made 
all the difference between life and death.
  Shawn Rich, the surviving crew member of the vessel Two Friends, was 
found wearing an immersion suit and clinging to the vessel's emergency 
position indicating radio beacon, or EPIRB. That equipment is what made 
the difference for him and allowed him to be rescued. The EPIRB strobe 
light was spotted by a Coast Guard helicopter despite visibility that 
was less than a quarter of a mile. His immersion suit, which can extend 
survival to as many as 6 hours in the icy waters of the North Atlantic, 
protected the fisherman from water temperatures that would have 
resulted in death by hypothermia after less than 10 minutes of 
unprotected exposure.
  Coast Guard regulations require all fishing vessels to carry safety 
equipment. These requirements vary depending on factors such as the 
size of the vessel, the temperature of the water, and the distance the 
boat is traveling from shore to fish. Required equipment can include a 
liferaft that automatically inflates and floats free should the vessel 
sink; personal flotation devices, or immersion suits which can help 
protect fishermen from exposure, as well as to increase buoyancy; 
EPIRBs, which relay a downed vessel's position to the Coast Guard 
search and rescue personnel; visual distress signals; and fire 
extinguishers.
  This equipment is absolutely critical to surviving an emergency at 
sea. Maggie Raymond of South Berwick, ME, the owner of the fishing 
vessel Olympia, put it well when she said:


[[Page S529]]


       It is just not possible to overstate the importance of the 
     safety equipment. Along the coast of Maine, fishing 
     communities continue to mourn the nine fishermen lost last 
     year. At the same time, 13 fishermen were saved because they 
     were able to get into a survival suit on time or to get into 
     the liferaft, or because they were found literally clinging 
     to an EPIRB. Without this life-safety equipment, the casualty 
     toll would have been much higher.

  When an emergency arises, safety equipment is priceless. At all other 
times, however, the cost of purchasing or maintaining liferafts, 
immersion suits, and EPIRBs must compete with essential expenses such 
as loan payments, wages, fuel, maintenance, and insurance. Meeting all 
of these obligations is made much more difficult by a regulatory 
framework that limits the amount of time a fisherman can spend at sea 
and gear alterations that are used to manage our marine resources.
  Most of the fishermen whom I know are more than willing to do their 
part to sustain our marine resources. But the reality is that when 
fishermen are required to limit their catch, they are also limited in 
their ability to generate sufficient income to meet the costs 
associated with maintaining their vessels. The bill I am introducing 
today makes it clear that fishermen should not have to compromise their 
safety in order to make a living in their chosen occupation.
  The Commercial Fishermen Safety Act of 2001 lends fisherman a helping 
hand in preparing in case disaster strikes. My legislation provides a 
tax credit equal to 75 percent of the amount paid by fishermen to 
purchase or maintain required safety equipment. The tax credit would be 
capped at $1,500. The items I have mentioned can literally cost 
thousands of dollars. The tax credit will make this life-saving 
equipment more affordable for more fishermen who currently face more 
limited options under the Federal Tax Code.
  Safety equipment saves lives in an occupation that has suffered far 
too many tragedies, far too many losses. By extending a tax credit for 
the purchase of federally required safety equipment, Congress can help 
ensure that fishermen have a better chance of returning home each and 
every time they head out to sea.
  I hope as part of our tax deliberations this year this important 
legislation will be enacted and signed into law.
  I yield the floor.
  Mr. KERRY. Mr. President, I rise today to co-sponsor the Commercial 
Fishermen Safety Act of 2001. I would like to thank the Senator from 
Maine, Ms. Collins, for asking me to introduce this bill with her. This 
legislation would provide fishermen with a tax credit of up to $1,500 
for the purchase of safety equipment that will help save lives at sea 
such as life rafts, immersion suits and Emergency Position Indicating 
Radio Beacons (EPIRBS).
  The U.S. Occupational Safety and Health Administration ranks 
commercial fishing as the most dangerous occupation in America, with 
approximately 130 deaths a year per 100,000 employees. Nearly 90 
percent of all fishing related deaths result from drowning--whether a 
fisherman falls overboard by slipping on a wet or icy deck, is washed 
off deck by a wave or is dragged under by a hook or line. In the cold 
waters off New England and Alaska, a fisherman who goes overboard 
without an immersion suit has about 6 minutes to be rescued by his 
shipmates. But fishermen with fully functional immersion suits and life 
rafts are more than twice as likely to survive the sinking of their 
vessel.
  The Commonwealth of Massachusetts knows all to well the dangers of 
commercial fishing. Gloucester is but one example of the toll it has 
taken on our coastal fishing communities. Since 1650 the sea has 
claimed an estimated 10,000 Gloucester fishermen. During the 19th 
Century, Gloucester would typically lose 200 fishermen annually--about 
4 percent of the city's population--to storms in the Gulf of Maine and 
the Grand Banks. Today, even while the National Weather Service 
provides timely and accurate forecasts so that we no longer have entire 
fleets caught on the fishing grounds during a major storm, the tragic 
statistics continue to roll in.
  The shocking loss of 11 fishermen in the Mid-Atlantic in two short 
months during 1998-1999 was unfortunately not an anomaly, but typical 
of historic trends, according to a Fishing Vessel Safety Task Force 
convened to investigate the problem. The Task Force also determined the 
common conditions in these accidents were poor vessel or equipment 
condition and inadequate preparation for emergencies--including basic 
equipment like life rafts, EPIRBs, and immersion suits. Confirming the 
Task Force's observations, last year the First Coast Guard District--
whose area of responsibility stretches from Maine to New Jersey --
reported the death of 13 commercial fishermen. In addition, the 
District reported saving 47 fishermen whose vessels had either sunk or 
caught fire. The Coast Guard estimates that 23 of those fishermen are 
alive today because they had a life raft or immersion suit.
  While safety is always a concern to our fishermen and their families, 
the most immediate worry on their minds is declining profits from 
dwindling stocks and closed areas. In order to meet rebuilding plans 
for our fish stocks regulators have been forced to implement trip 
limits and closed areas to rebuild stocks. These measures are working 
and we are beginning to see some progress in New England. However a few 
fishermen, primarily in small boats, will travel far out to sea in 
order to fish outside the closed areas or in a place with a higher trip 
limit. These fishermen often times cannot afford to replace or inspect 
old worn out life rafts and immersion suits and place themselves at 
extreme risk to meet their financial needs. This legislation will help 
these fishermen put the equipment on their boats now not later and will 
save lives.
  It is important that we act on this legislation, so that we provide a 
financial incentive to fishermen who are facing financial hardship as 
their fisheries recover, to invest in the replacement and inspection of 
their survival gear.
                                 ______