[Congressional Record Volume 155, Number 39 (Thursday, March 5, 2009)]
[Senate]
[Pages S2832-S2833]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. COLLINS (for herself, Mr. Kennedy, and Ms. Snowe):
  S. 533. A bill to amend the Coastal Zone Management Act of 1972 to 
establish a grant program to ensure waterfront access for commercial 
fisherman, and for other purposes; to the Committee on Finance.
  Ms. COLLINS. Mr. President, I rise today to introduce two bills that 
will improve the lives of our Nation's fishermen who are struggling to 
make a living at sea.
  The fishing industry in New England is an important part of our 
heritage. From our nation's earliest days, fishing has served as an 
economic driver that has allowed our nation to prosper. Maine's proud 
fishing heritage is woven deeply into the cultural fabric of our state. 
Sadly, the global economic downturn and heavy-handed federal 
regulations threaten the economic stability of this venerable industry. 
To attempt to assist our fishing families, I am pleased to be joined by 
my colleague from Massachusetts, Senator Kennedy, in introducing the 
Working Waterfront Preservation Act and the Commercial Fishermen Safety 
Act.
  All along our Nation's coasts there are harbors that were once full 
of the hustle and bustle associated with the fishing industry. 
Unfortunately, there is an erosion of the vital infrastructure known as 
our working waterfronts that is so critical to our commercial fishing 
industries. I have drafted legislation that will help combat the loss 
of commercial access to our waterfronts and support the fishing 
industry's role in our maritime heritage.
  When constituents first called asking me to help them in their 
efforts to stop the loss of their fishing businesses and the 
communities built around this industry, I learned that no Federal 
program exists that supports preserving or increasing waterfront access 
for the commercial fishing industry. This is especially disheartening 
because every week we are losing more of our working waterfronts in 
this country. Quite simply, once lost, these vital economic and 
community hubs of commercial fishing activity cannot be replaced.
  That is why I am introducing the Working Waterfront Preservation Act. 
This legislation would create a program to support our Nation's 
commercial fisherman and the coastal communities that are at risk of 
losing their fishing businesses.
  The need for such a program is demonstrated by the loss of commercial 
waterfront access occurring in Maine. Only 25 of Maine's 3,500 miles of 
coastline are devoted to commercial access. We are continually seeing 
portions of Maine's working waterfront being sold off to the highest 
bidder--with large vacation homes and condominiums rising in places 
that our fishing industry used to call home.
  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 homes that are no longer the center of economic 
activity. With each conversion of commercial waterfront access to 
private development, a piece of Maine's proud maritime tradition is 
irretrievably lost.
  Maine's lack of commercial waterfront prompted the formation of a 
``Working Waterfront Coalition.'' This coalition was comprised of an 
impressive number of industry associations, nonprofit groups, and State 
agencies, who came together to preserve Maine's working waterfront.
  I am pleased to note that the Working Waterfront Coalition was 
successful in contributing to the creation of two programs in Maine. 
The first is a tax incentive for property owners to keep their land in 
its current working waterfront state. The second is a pilot program for 
grant funding to secure and preserve working waterfront areas. Since 
2006, the Working Waterfront Access Pilot Program has secured 11 
properties totaling more than 25 acres of

[[Page S2833]]

land that supports more than 300 boats, 400 fishing industry jobs, and 
more than $26 million in income directly associated with our working 
waterfronts. The State of Maine has taken positive action to save its 
waterfronts and is a model for other States in the country facing this 
problem.

  This work is not, however, finished. The loss of commercial 
waterfront access affects the fishing industry throughout all coastal 
states. And a modest Federal investment could do so much to save these 
areas. 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. Fishermen are being pushed out of 
the waterfront as their profitability shrinks and land values soar. Our 
legislation targeting this exact problem, as no Federal program exists 
to assist States like Maine, Florida, Washington, and Louisiana.
  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 includes a tax component. When properties or 
easements are purchased, sellers would only be taxed on half of the 
gain they receive from this sale. 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.
  Second, I am introducing the Commercial Fishermen Safety Act of 2009, 
a bill to help fishermen purchase the life-saving safety equipment they 
need to survive when disaster strikes.
  Every day, members of our fishing communities struggle to cope with 
the pressures of running a small business, complying with burdensome 
regulations, and maintaining their vessels and equipment. These 
challenges have been made worse by the growing economic crisis, which 
only adds to the dangers associated with fishing.
  Year-in and year-out, commercial fishing ranks among the nation's 
most dangerous occupations. Fatality rate data compiled by the Census 
of Fatal Occupational Injuries program for 2007 has, once again, listed 
fishing as having the highest fatality rate among selected occupations. 
While I am encouraged that 2007 saw a drop in the number of 
occupational-related fatalities in the fishing industry, we must be 
doing more to save lives at sea.
  The New England fishing community is no stranger to tragedy. Just 
this year, the Patriot, a 54-foot fishing boat out of Gloucester, MA, 
sunk off the coast of Massachusetts without warning. The ship's captain 
Matteo Russo and crew member John Orlando, who were lost in the 
incident, were unable to send a mayday call in the early morning of 
January 3, 2009. The unexplained circumstance of their deaths offers 
little solace to the families and communities that loved them. What is 
clear is that preventing further loss of life requires that we do all 
we can to promote safety at sea.
  Coast Guard regulations require all fishing vessels to carry safety 
equipment. The requirements vary depending on factors such as the size 
of the vessel, the temperature of the water, and the distance the 
vessel travels from shore to fish. Required equipment can include a 
liferaft that automatically inflates and floats free, should the vessel 
sink. Other life-saving equipment includes: personal flotation devices 
or immersion suits which help protect fishermen from exposure and 
increase buoyancy; EPIRBs, which relay a downed vessel's position to 
Coast Guard Search and Rescue Personnel; visual distress signals; and 
fire extinguishers.
  When an emergency arises, safety equipment is priceless. At all other 
times, the cost of purchasing or maintaining this equipment must 
compete with other expenses such as loan payments, fuel, wages, 
maintenance, and insurance.
  The Commercial Fishermen Safety Act of 2007 provides a tax credit 
equal to 75 percent of the amount paid by fishermen to purchase or 
maintain required safety equipment. The tax credit is capped at $1500. 
Items such as EPIRBs and immersion suits cost hundreds of dollars, 
while liferafts can reach into the thousands. The tax credit will make 
life-saving equipment more affordable for more fishermen, who currently 
face limited options under the federal tax code.
  We have seen far too many tragedies in this occupation. Please, let 
us support fishermen who are trying to prepare in case disaster 
strikes. Safety equipment saves lives. By providing a tax credit for 
the purchase of safety equipment, Congress can help ensure that 
fishermen have a better chance of returning home each and every time 
they head out to sea.
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