[Congressional Record Volume 152, Number 36 (Tuesday, March 28, 2006)]
[Extensions of Remarks]
[Page E432]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   INTRODUCTION OF THE AMERICAN FISHERIES MANAGEMENT AND MARINE-LIFE 
                            ENHANCEMENT ACT

                                 ______
                                 

                         HON. RICHARD W. POMBO

                             of california

                    in the house of representatives

                        Tuesday, March 28, 2006

  Mr. POMBO. Mr. Speaker, today my Colleagues, Barney Frank and Don 
Young, and I are introducing the American Fisheries Management and 
Marine-Life Enhancement Act. This legislation will reauthorize the 
Magnuson-Stevens Fishery Conservation and Management Act--the Nation's 
premier fishery conservation statute.
  This legislation continues to build on the tradition of allowing for 
regional solutions to regional fishery management problems by using a 
system of Regional Fishery Management Councils. These Councils offer a 
transparent process where those with a stake in the resource can be 
heard and can see how decisions on the management of the resource are 
made.
  This legislation keeps in mind a number of important principles which 
have kept the Magnuson-Stevens Act as relevant and dynamic as it is. We 
have tried to maintain a number of these key themes including: 
management must be science-based (with peer review that includes the 
public); there must be an open and transparent decision-making process 
with stakeholder involvement; there must be flexibility which 
recognizes that there is a need for regional solutions to regional 
problems; there is a need to minimize potential for lawsuits--fisheries 
management decisions should be made by the professionals not by the 
courts; there needs to be a balance between conservation and economic 
considerations; and finally, the Act needs to consider the impacts of 
management decisions on those communities which are dependent on the 
resource to remain viable communities.
  The management of our Nation's fisheries has always been a matter of 
balance. It is important to continue the balance between the health of 
the resource and the interests of the fishing industry to provide a 
healthy, sustainable protein source for the world. Without a 
sustainable, healthy resource, the fishermen would be out of business 
and without a fishing industry, the Nation would not have seafood to 
consume. This legislation maintains this balance and makes sure that 
the management decisions to maintain the balance are based on science. 
These decisions need to be made with adequate peer review and with the 
input of the affected and interested participants and this bill 
continues those ideals.

  Ten years ago, Congress passed the Sustainable Fisheries Act (SFA). 
That legislation was the first major reauthorization of the Magnuson-
Stevens Act and made major changes to the statute. The SFA amended or 
added 15 definitions, added three new National Standards (and amended 
one existing National Standard), added 8 new provisions which the 
Councils were required to comply with in drafting new fishery 
management plans (and required that all existing plans be amended to 
comply with the new provisions), included 5 new discretionary 
provisions for Councils to consider when developing fishery management 
plans, required thirteen new reports, and for the first time, included 
disclosure standards, conflict of interest standards, and recusal 
standards for members of the Regional Fishery Management Councils.
  The SFA focused on three major themes--the identification overfishing 
and a requirement for rebuilding overfished fisheries, the 
identification and conservation of essential fish habitat, and the 
reduction, to the extent practicable, of bycatch in our Nation's 
fisheries. All three of themes were important to making sure that 
fisheries were sustainable.
  The Sustainable Fisheries Act required major changes to the way the 
Nation's fisheries were managed--changes for the better. While the SFA 
was not perfect, it pushed the Councils and the Secretary to address 
some key issues to make our fisheries more sustainable. Since 1996--
only ten years ago--we have seen tremendous progress in all three of 
these areas and the Nation's fisheries are in much better shape than 
they were less than a decade ago. But we can still do better. The 
American Fisheries Management and Marine-Life Enhancement Act will 
allow the Councils to gather better data, provide for the use of new 
technologies, provides new funding for ``clean gear'' technologies and 
does so without creating new areas for litigation.
  Congress has continued to discuss ideas which would make our 
fisheries more sustainable since the SFA was enacted. Members of 
Congress have participated in two major fisheries conferences here in 
Washington, D.C. that focused on how well or how poorly fisheries 
were being managed in the U.S. While the overall picture was getting 
better, these conferences sparked debate on the new steps that could be 
taken to make our fisheries better. This legislation builds on the 
recommendations of those conferences.

  The American Fisheries Management and Marine-Life Enhancement Act 
builds on the progress made by the Sustainable Fisheries Act, from the 
recommendations of the national fisheries conferences, from ideas 
floated at meetings with interested user groups, and from the report of 
the U.S. Commission on Ocean Policy.
  The Senate Commerce Committee, led by Co-Chairmen Stevens and Inouye, 
has passed reauthorization legislation that is clearly headed in the 
right direction and I compliment their leadership on this issue. I hope 
that the American Fisheries Management and Marine-Life Enhancement Act 
will be as well received as theirs was and I look forward to resolving 
the few differences we have before the end of the year.
  The American Fisheries Management and Marine-Life Enhancement Act 
takes a number of provisions from Senators Stevens' and Inouye's 
legislation, a number of provisions from the administration's proposed 
legislation, a number of recommendations from the Regional Fishery 
Management Councils, and recommendations from hearings both in 
Washington and in fishery-dependent communities.
  This bill addresses or touches on 11 of the 16 recommendations of the 
U.S. Commission on Ocean Policy which suggest changes to the Magnuson-
Stevens Act and 6 of the remaining 11 recommendations that suggest 
changes to agencies' activities related to fisheries conservation or 
management.
  While this legislation may not be perfect, I believe it will move 
fisheries management in the right direction. I look forward to working 
with my House Colleagues and my Senate Colleagues to develop consensus 
legislation to reauthorize this important act before the end of the 
year.

                          ____________________