December 12, 1974
Page 39480
Mr. MUSKIE subsequently said: Mr. President, on behalf of Senators MAGNUSON, KENNEDY, PASTORE, HATHAWAY, PACKWOOD, WEICKER, STEVENS, COTTON,
HATFIELD, and myself, I call up my amendment to H.R. 13296, the maritime program authorization bill.
Mr. President, this amendment is identical to an amendment I offered to S. 1988, the 200-mile fishing limit bill. The amendment was accepted without dissent. I am offering the legislation again today because I fear that the House will not act on the 200-mile fish legislation this session of Congress and I believe it is imperative to enact new legislation this year to reform the procedures by which American fishermen are reimbursed for damage to their vessels or gear caused by foreign fishermen.
At present, there are international procedures for making claims against foreign vessels which damage or destroy fishing gear. But these procedures are slow, cumbersome, and seldom effective, with the result that most American fishermen do not even bother going through the laborious process of filling out the necessary claims forms. And in a given case, even if the claims process is eventually successful, the individual fishermen with a median income of $8,000 per year is forced to carry the financial burden of between $2,000 and $4,000 for several months or longer.
The amendment I am calling up today is designed to meet this problem. Specifically, this legislation would require the Federal Government within 30 days to assume financial responsibility for losses to U.S. fishermen caused by foreign vessels, pending international negotiations to recover the loss from the foreign government involved.
In cases where there is reason to believe that damage or destruction did in fact occur as a result of foreign fishing activities, documented claims would be paid by the Secretary of Commerce in the form of a non-interest-bearing loan from the Fisheries Loan Fund set up under the Fish and Wildlife Act of 1956.
Congress created this fund expressly to finance or refinance the cost of purchasing, constructing, and equipping, maintaining, or operating commercial fishing vessels or gear. The loan would be made in an amount equal to the replacement value of the damaged or destroyed property and the market value of fish on board a damaged or destroyed vessel or within lost, damaged, or destroyed gear. After the Secretary of Commerce has completed an investigation of the incident – an investigation which must be completed within 6 months after the loan application has been filed – the loan would be converted to a grant if it were found that the American fisherman was not at fault.
If, however, the Secretary found that the damage or destruction was caused by an act of God such as a storm, the non-interest-bearing loan would be converted into a loan with interest at a rate set by the Secretary.
If the American fisherman were found to be at fault because of negligent or fraudulent activity, the Secretary would require the immediate repayment of the loan at an interest rate he deemed appropriate and the fisherman would be subject to criminal prosecution. Government responsibility would be retroactive to January 1, 1972, since most of the serious damage done to American fishermen's gear has been done during the past 3 years.
Mr. President, I would like to add that this legislation is not only simple in its intent and construction. But if enacted, it could be administered in a straightforward and relatively inexpensive manner.
With the enactment of this amendment, I would not, for example, foresee the need to expand the bureaucracy or to set up any new administrative organizations to handle claims filed by U.S. fishermen against foreign vessels. I believe the National Marine Fisheries Service, as presently structured, could handle any increase in the demands made upon it as a result of this legislation.
Furthermore, the $4 million currently in the Fisheries Loan Fund should prove to be more than enough money to take care of any claims filed pursuant to this legislation. So it will not be necessary for Congress to authorize any new moneys with the passage of this bill.
Mr. President, as things stand today, most American fishermen feel that filing claims is hardly worth the time, money, and trouble since there is such a high probability that pursuit of the existent claims process will prove fruitless.
It is imperative that the Federal Government initiate new measures to reform the claims process. The amendment I am offering today – by providing the individual fisherman with the capital he needs to get back in business while the Government negotiates with the responsible foreign governments for reimbursement – provides, I feel, a reasonable approach to this problem. I urge my colleagues to support this legislation.
Mr. LONG. Mr. President, in view of the fact that the Senate considered the pending amendment and agreed to it in connection with the 200-mile limit bill, I see no reason why it should not be added to this bill, and I would urge the Senate to agree to the amendment.
The PRESIDING OFFICER. The question is on agreeing to the amendment.
The amendment was agreed to.