[Congressional Record (Bound Edition), Volume 152 (2006), Part 9]
[Senate]
[Pages 11686-11687]
[From the U.S. 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 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

[[Page 11687]]

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.
  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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