III 

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 MagnusonStevens Fishery Conservation and Management Act (16 

U.S.C. 1861a(a)) if the Secretary determines that there 

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SRES 376 ATS 

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 

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SRES 376 ATS 

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, 

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SRES 376 ATS 

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 

1 Resolved, That it is the sense of the Senate that the 

2 Secretary of Commerce should— 

3 (1) reconsider the October 22, 2007 decision to 

4 deny the requests of the Commonwealth of Massa5 chusetts, the State of Maine, and the State of Rhode 

6 Island for a groundfish fishery failure declaration; 

7 (2) look favorably upon the request of the State 

8 of New Hampshire for a groundfish fishery failure 

9 declaration; and 

10 (3) immediately propose regulations to imple11 ment section 312(a) of the Magnuson-Stevens Fish12 ery Conservation and Management Act (16 U.S.C. 

13 1861a(a)). 

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