[Congressional Record Volume 152, Number 79 (Monday, June 19, 2006)]
[Senate]
[Pages S6049-S6051]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT REAUTHORIZATION
ACT OF 2005
Mr. STEVENS. Mr. President, the Senate just passed critical
legislation to ensure the productivity and sustainability of our
Nation's fishery resources. S. 2012, the Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act of 2005, is the product
of over a year and a half of discussions, hearings, drafts, revisions,
and compromise.
My good friend and cochairman of the Commerce Committee, Senator
Inouye, worked closely with me on drafting this bill to manage and
regulate the fisheries in the United States
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Exclusive Economic Zone. The bill is cosponsored by Senators Lott,
Hutchison, Snowe, Smith, Vitter, Kerry, Boxer, Lautenberg, Bill Nelson,
Cantwell, and Pryor.
In a speech last week, President Bush urged the Congress to pass
legislation to reauthorize the Magnuson-Stevens Act. The Senate has now
acted and I will work closely with the House to get our bills resolved
in conference and get this important legislation to the President for
his signature.
The Magnuson-Stevens Fishery Conservation and Management Act of 2005
implements many of the recommendations from the U.S. Commission on
Ocean Policy, the first such Congressionally authorized commission to
review our Nation's ocean policies and laws in over 35 years. The
recommendations of the commission were important to the development of
this Act. The intent of this legislation is to authorize these
recommendations and to build on some of the sound fishery management
principals we passed in the Sustainable Fisheries Act in 1996, the last
time we reauthorized the Act.
Specifically, our bill will preserve and strengthen the Regional
Fishery Management Councils. The eight regional councils located around
the United States and Caribbean Islands are a model of Federal
oversight benefiting from local innovation and management approaches.
This reauthorization legislation establishes a council training program
designed to prepare members on the numerous legal, scientific,
economic, and conflict of interests requirements that apply to the
fishery management process. In addition, to address concerns over the
transparency of the regional council process, the bill provides for
additional financial disclosure requirements for council members and
clarifies the Act's conflict of interest and recusal requirements.
The bill mandates the use of annual catch limits that shall not be
exceeded to prevent overfishing and preserve the sustainable harvest of
fishery resources in all 8 regional council jurisdictions. The
President mentioned in his speech last week that overfishing must end.
The bill the Senate passed today will achieve this goal by requiring
every fishery management plan contain an annual catch limit be set at
or below optimum yield--this will provide accountability in our
fisheries and ensure that harvests do not exceed a level that provides
for the continued productivity of the fishery resource.
An important recommendation from the U.S. Commission on Ocean Policy
was to establish national standards for quota programs. Our legislation
establishes national guidelines for Limited Access Privileges Programs
for the harvesting of fish. Limited access privilege programs, called
LAPPs for short, include individual fishing quota, and are expanded to
allow for allocation of harvesting privileges under these programs to
fishing communities or regional fishery associations, which can take
into account impacts on shoreside interests in a rationalized fishery.
In addition, there is a 5-year administrative review to ensure future
quota programs are meeting the goals of the program and the
conservation and management requirements of the act.
An important objective of the bill the Senate passed today is to
provide a more uniform and consistent process for fishery management.
The bill requires a revision and updating of agency procedures for
fishery management compliance with the national Environmental Policy
Act, known as NEPA. This would allow for the development of one content
process for councils to consider the substantive requirements of NEPA
under the timelines provided in the Magnuson-Stevens Act when
developing fishery management plans, plan amendments, and regulations.
The regional councils, the administration, and to a lesser extent the
U.S. Commission on Ocean Policy, all recommended the need for
addressing the inconsistencies between the two acts and resolving
timelines or process issues such that councils are not spending all
their time and funding on developing litigation proof Environmental
Impact Statements and Environmental Assessments under NEPA.
This legislation will strengthen the role of science in council
decision making, another important recommendation of the U.S.
Commission on Ocean Policy, through a number of provisions. It
specifies that the role of the Scientific and Statistical Committees
SSCs is to provide their councils with ongoing scientific advice needed
for management decisions, which may include recommendations on
acceptable biological catch or optimum yield, annual catch limits, or
other mortality limits. The SSCs are expected to advise the councils on
a variety of other issues, including stock status and health, bycatch,
habitat status, and socio-economic impacts.
Improvements for data collection and better management are important
enhancements to the overall effectiveness of the Magnuson-Stevens Act.
The bill the Senate passed today authorizes a national cooperative
research and management program, which would be implemented on a
regional basis and conducted through partnerships between Federal and
state managers, commercial and recreational fishing industry
participants, and scientists. It provides a mechanism for improving
data relating to recreational fisheries by establishing a new national
program for the registration of marine recreational fishermen who fish
in Federal waters. And it directs the Secretary, in cooperation with
the councils, to create a regionally based Bycatch Reduction
Engineering Program to develop technological devices and engineering
techniques for minimizing bycatch, bycatch mortality, and post-release
mortality.
Finally, it is important to note the Magnuson-Stevens Act has worked
well and provided for the effective conservation and management of U.S.
fishery resources. For instance, the fisheries managed by the North
Pacific Council, which both the U.S. Commission on Ocean Policy and the
Pew Oceans Commission lauded as the example for proper fisheries
management, does not have an overfished stock or endangered species of
fish. It consistently sets an optimum yield far below the acceptable
biological catch and as a result the fisheries in its jurisdiction have
remained sustainable and productive. Our goal here is to improve the
act and allow for continued sustainability of the resource for
generations to come.
Unfortunately, management internationally and especially on the high-
seas is lacking. Illegal, unreported, and unregulated fishing, IUU, as
well as expanding industrial foreign fishing fleets and high bycatch
levels, are threats to sustainable fisheries worldwide. Ultimately,
these types of unsustainable and destructive fishing practices on the
high seas threaten the good management that does take place in U.S.
waters.
The bill the Senate has passed today strengthens U.S. leadership in
international conservation and management by requiring the Secretary of
Commerce to establish an international compliance and monitoring
program, provide reports to Congress on progress in reducing IUU
fishing, promote international cooperation, and strengthen the ability
of regional fishery management organizations to combat IUU and other
harmful fishing practices. In addition, the legislation allows for the
use of measures authorized under the High Seas Driftnet Act to force
compliance in cases where regional or international fishery management
organizations are unable to stop IUU fishing.
I have enjoyed very much the bipartisan spirit that has defined this
legislation and in particular working closely with my Commerce
Committee co-chairman Senator Inouye to produce such important
legislation to ensure the conservation and management of our Nation's
fishery resources.
I end by congratulating all for the bipartisan spirit which defines
this legislation, and in particular my close working relationship with
Senator Inouye to produce this important legislation and for the action
of Senator Murray. She and I entered into an agreement for comments. I
congratulate her for her work with me on this important legislation to
ensure the conservation and management of our fisheries resources, and
I thank the managers of the bill.
Mr. WARNER. Mr. President, I am advised the distinguished majority
leader will momentarily come to the floor for purposes of stating the
proposal we have with regard to the matters Senator Kennedy addressed
earlier. Until such time occurs, I suggest the absence of a quorum.
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The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. FRIST. I ask unanimous consent that the order for the quorum call
be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
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