56 



of customary fishing waters, riots, civil disorders or other catastrophes, except it does not 

 include economic dislocations. 



The legislative history of this provision indicates, with respect particularly to the fishing iiiuWuy, 

 that it was intended to cover natural occurrences such as the "el nino" tide and that the phrase 

 "ocean conditions resulting in the closure of customary fishing waters " was intended to cover 

 such things as toxic algae blooms, commonly known as "red tide" or "brown tide." 



In the Massachusetts instance, the disaster request was based on the issuance of emergency rules 

 by the Secretary of Commerce as recommended by the New England Fishery Management 

 Council, through the National Marine Fisheries Service (NMFS). The effect of these rules issued 

 and amended in January and December 1994, April 1995 and May 1996 was to close the 

 customary fishing areas of a substantial part of the fishing fleet based in Massachusetts. The 

 cause for these actions was the serious depletion of the groundfish stocks (cod, haddock, 

 yellowtail flounder) that resulted from over fishing for a number of years. This was not an 

 unexpected or sudden occurrence. Over fishing had gone on for some time and the resulting 

 consequences, problem and cure were known throughout that entire period. Record low catches 

 had been reported every year since at least 1991. The Department of Commerce informed us that 

 NMFS and the New England Fishery Management Council, which includes a representative of the 

 Commonwealth of Massachusetts, have been considering appropriate action to eliminate the over 

 fished condition of groundfish stocks, that is, tighter restrictions on the fishing efforts in question, 

 for at least the past 10 years. 



