SA 3649. Mr. KERRY (for himself, Mr. KENNEDY, Ms. SNOWE, Mr. GREGG, Mr. SUNUNU, Mr. REED, and Ms. COLLINS) submitted an amendment intended to be proposed by him to the bill H.R. 2419, to provide for the continuation of agricultural programs through fiscal year 2012, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following new section:
SEC. __. FISHERY FAILURE OF THE NORTHEAST GROUNDFISH.
(a) Findings.--Congress makes the following findings:
(1) 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--
(A) natural causes;
(B) 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
(C) undetermined causes.
(2) The Secretary of Commerce has not proposed or promulgated regulations to implement such section 312(a).
(3) 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.
(4) 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.
(5) 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.
(6) 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. 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.
(7) The Commonwealth of Massachusetts has provided information to the Secretary of Commerce demonstrating that--
(A) 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; and
(B) 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.
(8) The State of Maine has provided information to the Secretary of Commerce indicating that--
(A) since 1994, the impact of groundfish regulations has eliminated 50 percent of Maine's groundfish fleet, leaving just 110 active groundfish fishermen;
(B) between 1996 and 2006, there was a 58 percent decrease in groundfish landings in Maine and a 45 percent decrease in groundfish revenue, from approximately $27,000,000 to $15,000,000; and
(C) between 2005 and 2006, groundfish revenues decreased 25 percent.
(9) The State of Rhode Island has provided information to the Secretary of Commerce indicating that--
(A) since 1994, there has been a 66 percent drop in Rhode Island's groundfish fishery landings; and
(B) between 1995 and 2007, groundfish revenue decreased 20 percent from approximately $7,500,000 to $6,000,000.
(10) 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.
(11) 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.
(b) Sense of Congress.--It is the sense of Congress 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)).


(As printed in the Congressional Record for the Senate on Nov 13, 2007.)