According to an article in Environment and Energy Daily, the draft removes controversial language included in a previous draft that would have required PQs, which guarantee established processors a percentage of the catch. The crab rationalization plan in the Bering Sea mandates that 90 percent of the catch be sold to established processors, many of which are foreign-owned corporations. Sen. Olympia Snowe, R-Maine, and Stevens, both members of the Senate Commerce Committee, have clashed on the issue in the past. Fishing groups and some environmentalists have fought against PQs, saying they are restrictive and unnecessary, and the U.S. Department of Justice issued a letter criticizing PQs as anti-competitive. However, processors see PQs as a companion to “limited access privilege” programs, which give fishing vessels a certain percentage of the quota for a given species.
According to Environment and Energy Daily, the bill sets up a system for councils to assess and use limited access privileges. Ocean conservation groups have said the privilege programs should have a sunset date, so fishery managers can assess if they are working. Fishing groups have argued that a sunset would take away certainty fishermen need to obtain loans from banks and buy into the programs. The Stevens draft does not include a sunset requirement.
E&E reports that the draft also avoids controversial changes to the overfishing and rebuilding standards that the Bush administration has put forward. Ocean conservation groups have blasted the administration’s language, saying it would allow too much overfishing and put threatened stocks at risk.
David Benton of Alaska’s Marine Conservation Alliance, a coalition of seafood processors, harvesters, support industries and coastal communities, praised the proposal.
“Sen. Stevens’ latest proposal to revise the nation’s fisheries legislation is a major advance for the nation’s fisheries,” Benton said. “The bill strengthens the provisions that have responsibly managed Alaska’s marine fisheries for almost 30 years and fostered a sustainable industry that provides thousands of jobs statewide.”
The alliance states that the bill’s provisions to strengthen science and conservation and the current council structure will extend the reasons for Alaska’s success across the nation.
“Alaska produces over half the nation’s seafood and does so without a single groundfish species being listed as over-fished,” Benton continued. “The reasons for that success include our strict adherence to scientific recommendations and the council’s open, public process that brings industry and environmentalists, scientists and community leaders to the table.”
The alliance says that the key provisions in Stevens’ bill will:
n Retain and build on the regional fishery management council process that has worked so well in Alaska;
n Strengthen the role of science in the management process by requiring all regional councils to follow the recommendations of their scientific advisers when setting catch limits and closing fisheries when those limits are reached;
n Create a needed fund for cooperative research programs like gear modifications that improve conservation and help develop new technologies that improve the quality and value of fish landed; and
n Improve data collection and fishery monitoring programs, and put more teeth into enforcement.
The bill also sets up procedures to resolve regulatory inconsistencies between the Magnuson-Stevens Act and the National Environmental Policy Act.
“This would eliminate confusion and improve management by allowing for more rapid response to management and conservation needs,” Benton said. “Under the present situation, two different and often conflicting procedures apply to management decisions which can delay implementation for years. Quicker response means that conservation needs can be met sooner, and more effectively.”
The bill also establishes provisions for fishery quota programs to improve conservation and promote safety.
“Such programs can be an important tool to reduce the catch of unwanted species, assist in protecting marine habitat, increase the value and quality of the catch, and promote safety at sea,” said Benton. “Undoubtedly some of the provisions will cause debate, but there will be opportunities to refine the proposal as it goes through the legislative process.”
The Marine Conservation Alliance pointed out that the draft bill is the result of a bipartisan effort by the staff of the Senate Commerce Committee. It is based on nearly 700Êcomments gathered in staff meetings andÊdiscussions with seafood harvesters, processors and suppliers; environmental and recreation groups; other regional councils, federal and state and local governments including Alaska fishing communities; and the U.S. Commission on Ocean Policy.
“By strengthening the role of science in management decisions and retaining the open, public process that has made fishery management here a model, Sen. Steven’s bill is good for Alaska and the nation’s fisheries and deserves our strong support,” Benton said.
Stevens’ office would not comment on draft legislation.
Cristy Fry has commercial fished in Homer since 1978. She also has designed and built gear for the industry. She currently longlines for halibut and sablefish and gillnets salmon in upper Cook Inlet aboard the F/V Realist.



