43 



We expect to provide the Subcommittee with our detailed 

 comments shortly. We have two potential constitutional questions 

 concerning the draft bill that we are presently reviewing. The 

 first concern involves the proper method of amending an existing 

 interstate compact. The second concern involves a possible 

 Appointments Clause issue regarding the use of a non-Federal 

 agency (ASMFC) to develop interstate fishery management plans 

 that will be enforced by a moratorium imposed under Federal law. 



In addition, we are reviewing and may present to the 

 Subcommittee for its consideration a few suggestions that we 

 believe would improve the implementation and enforcement of the 

 draft bill's provisions. 



In conclusion, Mr. Chairman, the Department finds the 

 circumstances currently surrounding the management of migratory, 

 interstate fisheries along the Atlantic coast roughly parallel to 

 circumstances surrounding the management of migratory waterfowl 

 earlier in the century which led to the enactment of the 

 Migratory Bird Treaty Act. No single state, acting on its own 

 and out of synchrony with other involved states, can hope to 

 manage effectively coastal migratory fishes and fisheries which 

 transcend multiple state jurisdictions. On the other hand, 

 adverse action or inaction by any single state can effectively 

 stymie the cooperative efforts of many states, acting in concert 



