```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 376 Agreed to Senate (ATS)]

110th CONGRESS
  1st Session
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.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           November 13, 2007

Mr. Kerry (for himself, Mr. Kennedy, Ms. Snowe, Mr. Gregg, Mr. Sununu, 
  Mr. Reed, Ms. Collins, and Mr. Whitehouse) submitted the following 
 resolution; which was referred to the Committee on Commerce, Science, 
                           and Transportation

                            December 4, 2007

             Committee discharged; considered and agreed to

_______________________________________________________________________

                               RESOLUTION

 
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.

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
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)).
                                 <all>
```