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2. PROMOTING RATIONAL MANAGEMENT OF THE NORTH PACIFIC FISHERIES 



Most U.S. fisheries are conducted under an open access system. Under open ac- 

 cess, each fisherman seeks to catch as many fish as possible before the quota is 

 reached. Crew safety is a concern for those engaged in this "race for the fish." Over- 

 capitalization in the fisheries is another consequence of open access. Overcapitaliza- 

 tion, which results in a lack of economic efficiency, exists when there is excess har- 

 vesting and/or processing capacity in the fisheries. Overcapitalization is a condition 

 that is pervasive in U.S. fisheries. 



Concerns about safety and overcapitalization alone ought to convince Congress of 

 the need to promote more rational management systems, but there are other bene- 

 fits, as well. Although fishery resources within the U.S. 200-mile zone in the Pacific 

 Ocean are healthy, we can do more to ensure a sustainable yield in the fisheries. 

 There are demonstrated conservation benefits from adopting a more rational man- 

 agement system. For example, open access rewards those who fish fastest, creating 

 a disincentive to reduce bycatch of nontarget species. Also, an open access regu- 

 latory system provides an economic incentive to discard target species under certain 

 conditions. To reduce waste in the fisheries and to avoid social and economic disrup- 

 tions, the following alternatives are suggested to promote rational management. 



• Add a Magnuson Act national standard stating that, "Conservation and man- 

 agement measures shall promote safety of life and property at sea." 



• Fishing industry support for amending the Magnuson Act to allow the Sec- 

 retary of Commerce to assess fishing fees is conditional. Fishing fees — 



— must be spent on federal fishery programs in the region in which the fees 

 were collected, 

 — can be used to administer limited access programs, 

 — shall supplement, not replace, existing funding levels. 

 Also, there should be a sunset date for any provision allowing for the collection 

 of fees to ensure a full opportunity to review the effects of a fee program, and Con- 

 gress should require annual reports from the Commerce Department to ensure that 

 fees are being spent for the purposes set out above. 



• Amend Magnuson Act National Standard No. 5 to state that management 

 measures should, "include the avoidance, or reduction and elimination, of excess 

 fishing capacity," and should "minimize waste, including the bycatch of nontarget 

 species and discards of target species." 



• Congress should direct the Secretary of Commerce to establish an effective ves- 

 sel incentive program (VIP) for purposes of managing and reducing bycatch in the 

 North Pacific fisheries, subject to overall bycatch limits. A VIP program should be 

 required to be in place within six months of the date of enactment of the reauthor- 

 ization bill. 



• The act should include a provision specifying the percentage or dollar value (by 

 species) of federal resources transferred to the Community Development Quota 

 (CDQ) program and state the duration of the program. 



3. COMPOSITION OF THE REGIONAL FISHERY MANAGEMENT COUNCILS 



Congress has often amended the Magnuson Act to address concerns that the act 

 has not achieved its goal of attaining "a fair and balanced apportionment" of partici- 

 pants in the fisheries on the councils. With respect to achieving balanced represen- 

 tation on the North Pacific Fishery Management Council, the task is complicated 

 by a provision in the act limiting Washington State residents to two of the seven 

 seats on the North Pacific council reserved for industry participants and others 

 knowledgeable about fisheries. 



Since Washington State fishermen account for 70 percent of the harvest in federal 

 waters managed by the North Pacific council, there is an inherent contradiction in 

 the statute that precluded balanced representation on the North Pacific council for 

 Washington State fishermen. 



The following range of alternatives is suggested to broaden participation of af- 

 fected users on the fishery management councils, and to encourage councils to act 

 as conflict resolution bodies. 



• Require a two-thirds majority vote on council actions. that result in significant 

 reallocations between industry sectors. 



• Require a two-thirds majority vote on North Pacific and Pacific council actions 

 that delegate to any entity, other than a council, primary management of a fishery 

 predominantly occurring in the U.S. 200-mile zone. 



• Require that the chairperson of the North Pacific council be elected by council 

 members from among the individuals serving as nonvoting members of the council. 



