WASHINGTON, DC (March 16, 2009) – Massachusetts, Rhode Island, New Jersey and North Carolina congressmen have introduced the Rebuilding American Fisheries Act of 2009. The act allows fisheries managers to extend the 10-year rebuilding period for a species if certain common-sense conditions apply. The Congressmen noted that the 10-year deadline is arbitrary, may have no basis in science, may require stocks to be rebuilt to unprecedented levels, and must be met without regard to the impact it will have on recreational and commercial fishermen, related industries, and the communities whose economic future depends on harvesting the fish.
The text of the Member’s "Dear Colleague" letter in support of the act follows:
March 16, 2009
REBUILD FISHERIES AND PROTECT FISHERMEN
CO-SPONSOR the Flexibility in Rebuilding American Fisheries Act of 2009
Current Original Cosponsors: Rep. Barney Frank (D-MA), Walter Jones (R-NC), Rep. Patrick Kennedy (D-RI), Frank LoBiondo (R-NJ), John Adler (D-NJ)
Dear Colleague:
We believe fishery laws should be designed to promote both healthy fisheries and healthy fishing communities. Unfortunately, current law can sometimes impose unduly strict timelines for rebuilding depleted fisheries. We have introduced legislation to provide a measure of flexibility in the rebuilding periods in order to help keep fishing communities economically viable, without compromising the ultimate rebuilding goal, and we invite you to join our effort as a cosponsor.
Under the new Magnuson-Stevens Fishery Management Act – passed by Congress in 2006 — when a fishery is identified as overfished, a Regional Fishery Management Council has two years to implement a plan to end overfishing, and, with limited exceptions, to rebuild the stock within 10 years. The 10-year rebuilding requirement has three exceptions, based on the biology of the fish, environmental conditions, or an agreement between the U.S. and other nations. Other than those three situations, all overfished fisheries must achieve rebuilt status within 10 years.The problem is the 10-year deadline is arbitrary, may have no basis in science, may require stocks to be rebuilt to unprecedented levels, and must be met without regard to the impact it will have on recreational and commercial fishermen, related industries, and the communities whose economic future depends on harvesting the fish.
We need flexibility so rebuilding can be completed on a responsible timeline that allows stocks to recover without making fishermen extinct. Specifically, with all overfishing now required to end in two years, adding a few years to a 10-year period in order to allow a more gradual glidepath to rebuilding will help communities without hurting fish.That is why we are planning to introduce the Flexibility in Rebuilding American Fisheries Act of 2009. The bill would do nothing to change the existing mandate that overfishing be ended within a year. However, it would allow fisheries managers to extend the 10-year rebuilding period for a species if certain common-sense conditions apply. Importantly, this extension authority would not be open ended – it would generally be limited according to a formula that takes into account the reproductive cycle of the fish, and the condition of the fishery.
The exceptions include:
I. If the biology of the stock of fish, other environmental conditions, or management measures under an international agreement in which the United States participates dictate otherwise (these three are in existing law).
II. If the Secretary of Commerce determines that such 10-year period should be extended because the cause of the fishery decline is outside the jurisdiction of the Council or the rebuilding program cannot be effective only by limiting fishing activities.
III. If the Secretary of Commerce determines that such 10-year period should be extended to provide for the sustained participation of fishing communities or to minimize the economic impacts on such communities, provided that there is evidence that the stock of fish is on a positive rebuilding trend.
IV. If the Secretary of Commerce determines that such 10-year period should be extended for one or more stocks of fish of a multi-species fishery, provided that there is evidence that those stocks are on a positive rebuilding trend.
V. If the Secretary of Commerce determines that such 10-year period should be extended because of a substantial change to the biomass rebuilding target for the stock of fish concerned after the rebuilding plan has taken effect.
VI. If the Secretary of Commerce determines that such 10-year period should be extended because the biomass rebuilding target exceeds the highest abundance of the stock of fish in the 25 year period preceding and there is evidence that the stock is on a positive rebuilding trend.
The bill would also strengthen the biomass stock assessments mandated in the Magnuson-Stevens Act. Specifically, the National Oceanic and Atmospheric Administration (NOAA) would have to review factors that may contribute to the overfished status of a stock, such as commercial, residential, and industrial development of, or agricultural activity in, coastal areas and their impact on the marine environment, predator/prey relationships of target and related species, and other environmental and ecological changes to the marine conditions.
Attached is a copy of the legislation.
If you would like to become a cosponsor or if you have any questions please contact Tim Del Monico (Pallone) attim.delmonico@mail.house.gov or 5-4671.
Sincerely,
FRANK PALLONE, JR., Member of Congress
WALTER B. JONES, Member of Congress
BARNEY FRANK, Member of Congress
PATRICK KENNEDY, Member of Congress
FRANK LOBIONDO, Member of Congress
JOHN ADLER, Member of Congress