[Congressional Record Volume 151, Number 117 (Monday, September 19, 2005)]
[Senate]
[Pages S10193-S10194]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. COLLINS:
  S. 1723. A bill to amend the Magnuson-Stevens Fishery Conservation 
and Management Act to establish a grant program to ensure waterfront 
access for commercial fishermen, and for other purposes; to the 
Committee on Finance.
  Ms. COLLINS. Mr. President, all along our Nation's coasts are harbors 
that were once full of the sights, sounds, and smells that accompany 
the fishing industry. Unfortunately, a number of factors are converging 
to lead to the loss of our Nation's vital fishing infrastructure, which 
is essential for the continuance of the commercial fishing industry. I 
have drafted legislation that will help to combat the loss of 
commercial access to our waterfronts and to support the fishing 
industry's role in our maritime heritage.
  In July, I was contacted by Andy Hawke of Boothbay Harbor, ME, a 
lobsterman who explained that the local lobstermen's cooperative had 
recently come up for sale. Unfortunately, the local fishermen could not 
come up with the resources to purchase the cooperative's facilities, 
and they were looking for Federal assistance in order to keep this 
coastal property accessible to the commercial fishing industry. Their 
goal was to keep the cooperative in operation for the lobstermen of 
Boothbay Harbor and the ``upcoming youth who will be in the lobster 
industry.''
  There was little assistance that I could offer beyond identifying 
some grant programs that might apply. I discovered quickly that there 
is no targeted, Federal program to help the commercial fishing industry 
gain or preserve access to waterfront areas. At the same time, the 
pressures that drive the commercial fishing industry from these vital 
pieces of industry infrastructure are mounting. I rise today to 
introduce legislation that would create a program to assist our 
Nation's commercial fishermen, the Working Waterfront Preservation Act.
  I can best speak to this issue by pointing to the loss of commercial 
waterfront access in Maine. Only 25 of Maine's 3,500 miles of coastline 
are devoted to commercial access. Sadly, portions of Maine's working 
waterfront are being sold weekly and converted to other uses, most 
often second homes and condominiums.
  The reasons for the loss of Maine's working waterfront are complex. 
In some cases, burdensome fishing regulations have led to a decrease in 
landings, hindering the profitability of shore-side infrastructure, 
like the Portland Fish Exchange. In other cases, soaring land values 
and rising taxes have made the current use of commercial land 
unprofitable. Property is being sold and quickly converted into private 
spaces and second

[[Page S10194]]

homes that no longer are the center of economic activity.
  Maine's lack of commercial waterfront access has prompted the 
formation of a Working Waterfront Coalition. This coalition is 
comprised of an impressive number of industry associations, non-profit 
groups, and State agencies, who have come together to preserve Maine's 
working waterfront.
  Preservation of the working waterfront is essential to protect a way 
of life that is unique to our coastal States and is vital to economic 
development along the coast. Maine's Working Waterfront Coalition 
identified 18 projects that would increase Maine's available working 
waterfront. These 18 projects would create or preserve over 875 Maine 
jobs. All that is needed is a modest investment in Maine's working 
waterfront.
  The loss of commercial waterfront access affects the fishing industry 
throughout all coastal States. On August 28, 2005, a story appeared in 
the Providence Journal about the fishing port of Galilee in Rhode 
Island. Fishermen from Galilee are getting pushed out of the waterfront 
as their profitability shrinks and land values soar. This article 
detailed plans to create more condominiums in Galilee and $2 million 
beach houses marketed to buyers from Connecticut and New York.
  On July 26, 2005, the Los Angeles Times ran a story on the 
disappearance of working waterfront in Florida. In June of this year, 
Governor Bush signed a law aimed at protecting that State's working 
waterfront.
  On February 20, 2005, the Seattle Times profiled the Washington town 
of Anacortes's struggle with development and the future of this port. 
In this story, the city attorney and planner said that the biggest 
issue facing this town is whether they can continue to have a working 
waterfront, as Anacortes ``is still a real town where people are making 
a real living.''
  Another region of the country where this bill will help the local 
community and stimulate economic growth is a region we have heard a lot 
about in recent news, the gulf coast. On September 6, 2005, the Houston 
Chronicle ran a story on the havoc caused by Hurricane Katrina to 
Alabama's fishing industry. This disaster hit the town of Bayou La 
Batre; it destroyed oyster beds, upended fishing boats, and damaged the 
docks and piers on which the fishing industry relies. The Working 
Waterfront Preservation Act would assist the victims of this storm in 
rebuilding the shore-side infrastructure vital to the industry.
  No matter the coastal State, our Nation's fishermen are affected by 
the loss of access to commercial waterfront properties. I have drafted 
legislation targeting this exact problem, as no Federal program exists 
to assist States like Maine, Florida, Washington, and Alabama, which 
are trying to cope with the loss of this valuable infrastructure.
  The loss of commercial waterfront access is apparent. The Working 
Waterfront Preservation Act would assist by providing Federal grant 
funding to municipal and State governments, non-profit organizations, 
and fishermen's cooperatives for the purchase of property or easements 
or for the maintenance of working waterfront facilities. The bill 
contains a $50 million authorization for grants that would require a 25 
percent local match. Applications for grants would be considered by 
both the Department of Commerce and State fisheries agencies, which 
have the local expertise to understand the needs of each coastal State. 
Grant recipients would agree not to convert coastal properties to 
noncommercial uses, as a condition of receiving Federal assistance.
  This legislation also has a tax component included. When properties 
or easements are purchased, sellers would only be taxed on half of the 
gain they receive from this sale. Taxing only half of the gain on 
conservation sales is a proposal that has been advanced by the 
President in all of his budget proposals. This is a vital aspect of my 
bill because it would diminish the pressure to quickly sell waterfront 
property that would then, most likely, be converted to noncommercial 
uses, and would increase the incentives for sellers to take part in 
this grant program. This is especially important given that the 
application process for Federal grants does not keep pace with the 
coastal real estate market.
  This legislation is crucial for our Nation's commercial fisheries, 
which are coming under increasing pressures from many fronts. This new 
grant program would preserve important commercial infrastructure and 
promote economic development along our coast. I am committed to 
creating a Federal mechanism to preserve working waterfronts and will 
pursue this legislation during the 109th Congress.
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