Statement of Administration Policy: H.R. 5557 - New England Groundfish Restoration Act of 1992

(House)
(Studds (D) Massachusetts and 7 others)

The Administration supports the objective of establishing an action plan for the timely recovery of depleted New England groundfish stocks. The Administration has no objection to House passage of H.R. 5557, but will seek Senate amendments described in the Attachment to address constitutional and policy concerns.

Attachment

Proposed Senate Amendments to H.R. 5557

• Delete the requirement in section 3(a) that the New England Fishery Management Council submit to the Secretary of Commerce a schedule of civil penalties for fishery management plan violations. Penalties should be based on Federal law enforcement professionals' specialized training and expertise, not Council recommendations. The requirement would encourage different penalties by region; penalties should be standardized nationwide.
  
  
• Clarify in section 4 that the use of State agencies to perform enforcement duties must be consistent with the Appointments Clause of the Constitution.
  
  
• Delete the requirement in section 4 that fines and penalties collected for violations of the fishing management plan be used to enforce the plan and that the Coast Guard establish an enforcement working group.
  
  
• Delete section 5, which would establish a voluntary Sea Sampler program. The existing mandatory program in New England has been effective in collecting fisheries data.
  
  
• Delete (or make hortatory) section 6(c), which raises Appointments Clause problems. This subsection requires the Secretary of State to appoint to a committee on fisheries negotiations only persons who represent designated groups.
  
  
• Delete section 7, which would provide financial assistance to fishermen and fish processors to develop fisheries for underutilized species. This activity should be funded by the private sector, which would receive its benefits.
  
  
• Delete section 8, which would establish a New England Fisheries Research Program. The research plans and programs required by Public Law 101-627 are sufficient to meet the needs of the New England region's fisheries management programs.
  
  
• Delete section 9, which requires the Secretary of Commerce to provide legal advice to fisheries management councils. Such advice is already provided.