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Commercial Fisheries News 
Volume 36 Number 11
July 2009


Schumer introduces bill to increase flexibility in stock rebuilding timeline


WASHINGTON, DC – US Sen. Charles Schumer (D-NY) has introduced legislation that, if adopted, would give fishery managers far more flexibility in rebuilding overfished fish stocks.

Currently, the Magnuson-Stevens Fishery Conservation and Management Act requires that overfished stocks be rebuilt within 10 years with very few exceptions.

Schumer’s bill, S 1255, would increase fishery managers’ flexibility to extend the rebuilding period under additional conditions, one of which directly relates to economic impacts on fishing communities.

“It has become clear that the current law can sometimes impose unduly strict timelines for rebuilding depleted fisheries,” said Schumer on June 12, the day after he introduced the legislation.

“We can rebuild fishing stocks and allow for a more nuanced approach to regulations that is not overly onerous on our fishing communities,” the senator said.

Bonnie Brady, executive director of the Long Island Commercial Fishing Association, said New York fishermen applauded Schumer’s “continued concern” for their livelihoods.

“When stocks are clearly in recovery, no one’s life should be marginalized or destroyed because of a fervent desire to do it all in 10 years, especially when a little more time could be allotted to achieve the ultimate goal, say in 12 or 14 years, and allow everyone to keep their jobs, their lives, and their dignity,” said Brady.



House version

Schumer’s bill is the Senate version of legislation initially introduced in the House by US Rep. Frank Pallone Jr. (D-NJ) on March 18. Pallone’s bill, HR 1584, known as the Flexibility in Rebuilding American Fisheries Act of 2009, had 17 co-sponsors as of mid-June and was heavily championed by US Rep. Barney Frank (D-MA), who has long supported increased flexibility in stock rebuilding. Several other prominent New England and Mid-Atlantic congressional representatives also are co-sponsoring the bill.

HR 1584 is now before the House Subcommittee on Insular Affairs, Oceans, and Wildlife. It proposes to require fishery managers to consider “factors other than commercial and recreational fishing” in evaluating progress to end overfishing and rebuild overfished stocks.

The bill continues to require rebuilding in 10 years but adds several new and pivotal exceptions, including, among others, cases where:

“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;” and

“The secretary determines that such 10-year period should be extended for one or more stocks of fish of a multispecies fishery, provided that there is evidence that those stocks are on a positive rebuilding trend.”

One Senate staffer said movement on the House bill seemed to have slowed pending introduction of a similar bill “by the right sponsor” on the Senate side, which happened in early June.

Bonnie Brady credited Schumer for stepping forward to assume Senate sponsorship, especially given today’s relentless push by environmental groups that demand quick stock rebuilding at all costs.

“We really appreciate Sen. Schumer’s effort,” said Brady. “It takes real conviction and guts to stand up and fight for fairness for working fishing families and their communities.”

Janice M. Plante




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