CONGRESSIONAL RECORD – SEN ATE
August 17, 1972
Page 28679
COMPENSATION FOR DAMAGE TO U.S. FISHING VESSELS
Mr. MUSKIE. Mr. President, I wish to comment on S. 3771, a bill which I have joined Senators BROOKE and KENNEDY in sponsoring. The bill, introduced on July 29, would provide compensation to U.S. commercial fishing vessel owners for damages incurred as a consequence of action by vessels operated by foreign governments or individuals.
Current laws to protect fishermen have proved quite inadequate, since they do not provide immediate or direct relief for such losses. The Fishermen's Protective Act of 1967 provides reimbursement to vessel owners only for losses resulting from seizures of fishing vessels.
Although the Senate has approved an amendment to this act extending coverage to damaged vessels, the law would still be inadequate because the financing mechanism does not provide for immediate relief.
Under the law, the U.S. Government must first seek to gain reimbursement from the foreign nation whose vessels caused the damage. If such reimbursement is not forthcoming in 120 days, then the Secretary of State is authorized to pay the claim reducing that nation's foreign aid by an equivalent amount. Such a procedure is obviously cumbersome and applies only to nations which receive our foreign aid. Under the new legislation, funds would come from the general Treasury of the United States. A total of $5 million would be available initially for incidents occurring since January 1, 1971.
We all can agree that the best solution would be to prevent such incidents from occurring at all. However, the proposed legislation would at least assure that our independent fishermen, who have contributed and continue to contribute much to the New England economy, will not be denied a livelihood as a result of damages to their vessels or gear.
Many are familiar with the unfortunate incident involving the Roseanne Maria, a boat owned by a Gloucester, Mass., fisherman, which was sunk as the result of a collision caused by an East German boat. The owner of the Roseanne Maria, Mr. Louis Biondo, lost his sole means of support as a result of this incident.
Mr. Biondo is typical of most fishermen in Maine who have invested their life's saving in boats and gear. For example, in June of this year, Mr. Newbold Varian lost $6,800 worth of gear as the result of an action by an East German boat off the coast of Maine near Boothbay Harbor.
Replacing such equipment is indeed difficult for fishermen whose yearly incomes are often barely sufficient to meet current expenses. The experience of Mr. Varian has been amplified in recent weeks by letters and calls to me from Maine fishermen and their wives expressing concern over the increasing frequency of such incidents.
Maine's fishing industry faces many serious problems, not the least of which is the inadequate response given by the Congress and the executive branch. Mr. President, I urge the swift enactment of S. 3771.
The added fear of a damaging accident at sea is a totally unnecessary cause for concern. The knowledge that their property losses will be promptly reimbursed will serve to still the fear of our fishermen, whose work is long and hard enough, that they can lose a life's investment as a result of the negligence of a foreign vessel.