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CHAPTER 17 



CONSULTATIVE 

 ARRANGEMENTS 



We're responsible for enforcing laws and reg- 

 ulations, and I suggest that we must do that 

 with flexibility and understanding: the sort of 

 understanding that comes from knowing the 

 local conditions: knowing the local fisher- 

 men, their problems, and the problems of that 

 fishery. 



D.D. TANSLEY' 



Participation by the public and special interest groups 

 in the decisions of public agencies is becoming an 

 increasingly important part of the governmental process. 

 Formal structures and informal channels for consultation 

 and advice have proliferated in wide variety. This phen- 

 omenon is undoubtedly due in part to the natural evolu- 

 tion of the democratic system and reactions against 

 authoritarian government, and in part to the growing 

 complexity of governmental regulation, which create a 

 need for outside advice, specialized knowledge and coop- 

 eration. 



Effective consultative and advisory processes are espe- 

 cially important for the fisheries for several reasons. First, 

 the public policy makers, managers and administrators 

 make decisions that have a direct impact on the welfare 

 of thousands of individuals and companies; and the gov- 

 ernment, through fishing licences, has legal relationships 

 with far more people than in most other spheres. 



Second, fisheries management, catch regulation and 

 allocation, habitat management and other aspects of 

 fisheries policy are exceedingly complicated (as this 

 report reveals). This calls not only for mutual under- 

 standing on the part of the regulators and those being 

 regulated of the problems faced by each, but also for the 

 pooling of expertise. 



Third, the fisheries are characterized by conflict. Fish- 

 ing groups compete vigorously for the same resources, 

 and their collective interests are pitted against those of 

 others whose activities impinge on fish. Strident claims 

 and friction can be moderated through effective consulta- 

 tive processes. Without them the regulatory agency 



becomes the centre of criticism and, facing opposition on 

 all sides, finds it diflncult to make needed changes. 



Finally, the nature of the fisheries is such that a gov- 

 ernment cannot hope to properly manage the resource 

 and fishing activity without cooperation in providing 

 information, help in designing eflfective regulations, and 

 willing compliance with the rules. In a period of policy 

 reform, cooperative relationships are even more critical. 



During the last decade or so, the Department's Pacific 

 region has responded to these needs by creating a host of 

 consultative comiruttees, advisory boards, task groups 

 and other channels for liaison with the interested public. 

 These provisions now consume a good deal of valuable 

 time and effort on the part of both public officials and 

 private participants. Yet they have come under heavy 

 and widespread criticism at my public hearings and are 

 being undermined by a lack of confidence. Unless they 

 receive more support from those involved and more cred- 

 ibility in the eyes of the public, the effort may not be 

 worthwhile. 



I have therefore made a special effort to investigate the 

 deficiencies of the present consultative arrangements, and 

 participants have responded generously with commen- 

 tary. The challenge now is to design a more coherent and 

 effective system, which is the purpose of this chapter. 



In other chapters, I have dealt with organizational 

 arrangements for specific purposes that involve external 

 advice and consultation. My proposals for improving 

 consultation and accountability in resource management 

 (in Chapter 4), for improving channels for public partici- 

 pation in resource enhancement (in Chapter 5), to create 

 a new body with responsibilities for commercial licensing 

 and fleet development (in Chapter 8), to create special 

 advisory committees to assist with licensing reforms (in 

 Chapters 9 and 10, among others), all touch on the con- 

 sultative process. Here, my concern is with consultative 

 policy generally, and how to design an organizational 

 framework that will efficiently channel information, 

 advice and criticism between the Department and the 

 interested public. 



CURRENT CONSULTATIVE ARRANGEMENTS 



The Department now has about 20 advisory bodies.^ 

 Three are linked vAih international fisheries commissions, 

 one has national responsibilities, but most are concerned 

 with particular interests or programs in the Pacific fisher- 

 ies. Their structure, procedures and lines of communica- 

 tion vary widely. 



Consultative Bodies 



The senior consultative body for the Pacific region is 

 the Minister's Advisory Council, consisting of representa- 



