51 



Again, let me emphasize, funds collected under the user fee proposal would be 

 dedicated to the conservation and management of marine fisheries by NMFS. Spe- 

 cifically, funds collected under the proposal would be used for. collecting, processing, 

 and analyzing scientific, social, and economic information; placing observers onboard 

 domestic vessels; conducting scientific research and publishing results; developing, 

 monitoring, and implementing fishery management plans (FMPs); improving en- 

 forcement of marine conservation programs; and educating resource users and the 

 public on marine conservation programs. 



We recognize that many in the industry are experiencing financial difliculties at 

 the present time, particularly in New England. We are trying to balance the funding 

 needs of our critical management programs with those requirements to sustain the 

 economies of our coastal communities. In this regard, one very significant use of the 

 funds authorized by the amendments is to allow fees collected from some overfished 

 fisheries to be used to reduce harvesting capacity in that fishery. Overfished fish- 

 eries managed under an FMP that calls for limited access would be eligible. With 

 40 percent of the Nation's marine fish stocks identified as overfished, this amend- 

 ment would be a major step in improving this condition. 



Two final important issues I would like to touch on are conflict of interest, and 

 the collection of data critical to our management programs. The Administration be- 

 lieves that the perception of or potential for conflicts of interest on the councils must 

 be addressed. The amendment in S. 2138 would forbid a council member with a fi- 

 nancial interest that would be significantly affected by a councU decision from par- 

 ticipating in a decision, unless granted a written authorization by the NMFS Re- 

 gional Director. The Regional Director can grant an authorization upon determining 

 that the need for the member's participation outweighs the potential for a conflict 

 of interest. The Secretary is authorized to issue guidelines for determinations. 



Finally, the amendments would provide the Secretary with the authority to imple- 

 ment national, uniform mandatory recordkeeping and reporting requirements for all 

 fisheries subject to the Magnuson Act. Current authority is limited to individual 

 FMP recordkeeping and reporting, and individual fishery data collection programs 

 in advance of an FMP. The lack of a national data collection program has resulted 

 in independent requirements for each FMP that are not integrated with each other, 

 or with non-FMP data collection programs sponsored by NMFS or the states. This 

 amendment would provide the Secretary with the ability to integrate the current 

 data collection programs into a comprehensive national data collection and manage- 

 ment system. The amendment would eliminate duplicative reporting and reduce the 

 reporting burden on the industry. 



Thank you, Mr. Chairman. This concludes my statement concerning the Adminis- 

 tration's proposals to amend the Magnuson Act. 



SUMMARY OF ADDITIONAL AMENDMENTS 



Collection of economic data from processors 



The amendments would provide for the collection of economic data from proc- 

 essors, as is now required from harvesting and other entities in the industry. Eco- 

 nomic data from processors, as well as fishermen, would be extremely useful in 

 meeting the requirements of the Magnuson Act, including national-standard I (cal- 

 culation of optimum yield), national standard 7 (minimizing costs including those 

 on processors), section 303(aX9) (fishery impact statement), and other applicable 

 law, including National Environmental Policy Act and Executive Order 12866 (eco- 

 nomic/social analyses). 



Data collection 



The amendments would require foreign processors operating in the internal wa- 

 ters of a State to report certain vessel and catch information to the Secretary which 

 is generally not available now. Federal and State agencies, as well as other regu- 

 latory organizations such as the Interstate Marine Fisheries Commissions, involved 

 with managing the species need to know the amount of fish harvested, where U.S. 

 fishermen are harvesting thea fish, and whether the species are managed under an 

 FMP or found W in waters of two or more States. 



The amendments would establish a three-year limit on maintaining the confiden- 

 tiality of data. Currently, the Secretary must preserve the confidentiality of data 

 submitted by fishermen or processors in perpetuity. The provision would prevent the 

 disclosure of the identity or business of any person submitting statistics and reduce 

 administrative burdens. 



