[Congressional Record Volume 153, Number 184 (Tuesday, December 4, 2007)]
[Senate]
[Pages S14746-S14747]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               DECLARING OF A COMMERCIAL FISHERY FAILURE

  Mr. DORGAN. Mr. President, I ask unanimous consent that the Commerce 
Committee be discharged from further consideration of S. Res. 376 and 
that the Senate then proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report the resolution by title.
  The legislative clerk read as follows:

       A resolution (S. Res. 376) providing the sense of the 
     Senate that the Secretary of Commerce should declare a 
     commercial fishery failure for the groundfish fishery for 
     Massachusetts, Maine, New Hampshire, and Rhode Island, and 
     immediately propose regulations to implement section 312(a) 
     of the Magnuson-Stevens Fishery Conservation and Management 
     Act.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. DORGAN. Mr. President, I ask unanimous consent that the 
resolution be agreed to, the preamble be agreed to, the motions to 
reconsider be laid upon the table, and any statements relating to the 
resolution be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 376) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 376

       Whereas the Secretary of Commerce may provide fishery 
     disaster assistance under section 312(a) of the Magnuson-
     Stevens Fishery Conservation and Management Act (16 U.S.C. 
     1861a(a)) if the Secretary determines that there is a 
     commercial fishery failure due to a fishery resource disaster 
     as a result of natural causes, man-made causes beyond the 
     control of fishery managers to mitigate through conservation 
     and management measures, including regulatory restrictions 
     imposed to protect human health or the marine environment, or 
     undetermined causes;
       Whereas the Secretary of Commerce has not proposed or 
     promulgated regulations to implement such section 312(a);
       Whereas during 2007, the Governors of each of the 
     Commonwealth of Massachusetts, the State of Maine, and the 
     State of Rhode Island requested that the Secretary of 
     Commerce declare a commercial fishery failure for the 
     groundfish fishery under such section 312(a) and the Governor 
     of the State of New Hampshire has indicated his intention of 
     submitting a similar request;
       Whereas since 1996, the Secretary of Commerce has had 
     regulations in place that require significant restrictions 
     and reductions on the catch and days-at-sea of New England 
     fishermen in the groundfish fishery;
       Whereas New England fishermen in the groundfish fishery 
     have endured additional restrictions and reductions under 
     Framework 42, which has resulted in many fishermen having 
     just 24 days to fish during a season;
       Whereas Framework 42 and other Federal fishing restrictions 
     have had a great impact on small-boat fishermen, many of whom 
     cannot safely fish beyond the inshore areas;
       Whereas, as of the date of the enactment of this Act, each 
     day-at-sea a fisherman spends in an inshore area reduces that 
     fisherman's number of available days-at-sea by 2 days;
       Whereas the Commonwealth of Massachusetts has provided 
     information to the Secretary of Commerce demonstrating that 
     between 1994 and 2006, overall conditions of groundfish 
     stocks have not improved and that spawning stock biomass is 
     near record lows for most major groundfish stocks;
       Whereas the Commonwealth of Maine has provided additional 
     information to the Secretary that between 2005 and 2006, 
     total Massachusetts commercial groundfish vessel revenues 
     (landings) decreased by 18 percent and there was a loss for 
     related industries and communities estimated at $22,000,000;
       Whereas the State of Maine has provided information to the 
     Secretary of Commerce indicating that since 1994, the impact 
     of groundfish regulations have eliminated 50 percent of 
     Maine's groundfish fleet, leaving just 110 active groundfish 
     fishermen;
       Whereas the State of Maine has provided additional 
     information to the Secretary indicating that between 1996 and 
     2006, there was a 58 percent drop in groundfish landings in 
     Maine and a 45 percent drop in groundfish revenue from 
     approximately $27,000,000 to $15,000,000 and that between 
     2005 and 2006, groundfish revenues decreased 25 percent;
       Whereas the State of Rhode Island has provided information 
     to the Secretary of Commerce indicating that, since 1994, 
     there has been a 66 percent drop in Rhode Island's groundfish 
     fishery landings and, between 1995 and 2007, groundfish 
     revenue decreased 20 percent from approximately $7,500,000 to 
     $6,000,000;
       Whereas the Secretary of Commerce rejected requests from 
     Massachusetts, Maine, and Rhode Island to declare a 
     commercial fishery failure prior to establishing any 
     appropriate standard to implement section 312(a) of the 
     Magnuson-Stevens Fishery Conservation and Management Act; and

[[Page S14747]]

       Whereas for centuries, growth in New England's commercial 
     fishing industry has been intertwined with the history and 
     economic growth of the New England States and has created 
     thousands of jobs in both fishing and fishing-related 
     industries for generations of New England residents: Now, 
     therefore, be it
       Resolved, That it is the sense of the Senate that the 
     Secretary of Commerce should--
       (1) reconsider the October 22, 2007 decision to deny the 
     requests of the Commonwealth of Massachusetts, the State of 
     Maine, and the State of Rhode Island for a groundfish fishery 
     failure declaration;
       (2) look favorably upon the request of the State of New 
     Hampshire for a groundfish fishery failure declaration; and
       (3) immediately propose regulations to implement section 
     312(a) of the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1861a(a)).

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