Some 'welcome good news' for fishery Finally: NEW BEDFORD — Congress on Tuesday removed a legal obstacle that blocked the U.S. from negotiating with Canada for increased catch limits on certain species of fish, especially yellowtail flounder.
The likely result is a relaxation of restrictions on "choke stocks" and an increase in the amount of groundfish and scallops that can be taken without exceeding limits on bycatch.
"This is a very welcome piece of good news at a time when people in our fishery are under siege from arbitrary and unfair restrictions," U.S. Rep. Barney Frank, D-Mass, said.
"While this provision appears technical, people in the fishing industry of Greater New Bedford have told me that it's one of the most important things Congress could do to increase fishermen's ability to fish, and I'm very proud that we were able to accomplish it," he said.
"This is a critically important step towards increasing flexibility in fishery management," said Dr. Brian Rothschild, Montgomery Charter professor of Marine Science and Technology at the UMass School of Marine Science and Technology.
"This is great because it will stimulate jobs in the city of New Bedford," said Carlos Rafael, owner of the city's largest fishing fleet with 40 boats, the majority scallopers.
Frank gave credit to U.S. Sen. Olympia Snowe, R-Maine, who helped push the bipartisan U.S.-Canada Transboundary Resource Sharing Understanding through the lame-duck Congress.
The State Department, in an opinion Snowe called "erroneous," has invalidated U.S.-Canada fishing agreements as "understandings" not recognized by the Magnuson-Stevens Act. The new law makes it clear that such "understandings" have the legal status and force of "international agreements" under Magnuson.
The new law takes effect with the start of the next fishing year on May 1, but it is unknown when a fishing agreement would be negotiated and put into place.
The new law doesn't compel the Commerce Department and the New England Fishery Management Council, a department of the National Marine Fisheries Service, to negotiate with Canada to allow U.S. fishermen to increase their portion of shared fish stocks.
Frank told The Standard-Times Tuesday, "I don't know about NMFS, but I do know that there have been some specific promises by (Commerce Secretary) Gary Locke."
Frank called the bill "a very, very big deal," which weakens the grip of those who insist on a 10-year stocks rebuilding plan. Any agreements with Canada would likely follow the Canadian model, which stretches rebuilding over longer periods to allow larger catch limits without overfishing.
He also said that passing the legislation was an easier route to take than trying to persuade the State Department that their view of the law was in error. That, Frank said, is because the State Department has concerns elsewhere about understandings rising to the level of international agreements needing a two-thirds Senate vote for enactment.
U.S. Sens. John F. Kerry, D-Mass., and Scott Brown, R-Mass., were major proponents of the bill in the Senate. U.S. Rep. John Tierney was a co-sponsor of the legislation in the House.
"This legislation finally levels the playing field between American and Canadian fishermen, and I'm pleased Congress has taken this action," Brown said. "During this tough economy, we need to create an environment that helps our hard-working fishermen. By removing the competitive disadvantage our fishermen have faced with their Canadian counterparts, this legislation is an important step in that direction, and I appreciate all the work my colleagues on both sides of the aisle did to make it happen."
"For too long the current system has been breeding inequities amongst our respective fishing communities," Tierney said. "This legislation is a step in the right direction toward leveling the playing field and strengthening the local fishing economy in Cape Ann and across Massachusetts."
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