97 



East Coast Fisheries Foundation, Inc. 



July 21, 1993 



Congressman Thomas Manton, Chairman 

 Subcommittee on 



Fisheries Management 

 51 3 Ford HOB 

 Washington DC 205 15 



Dear Mr. Manton: 



The East Coast Fisheries Foundation Is a multi-state, multi-sector organization of commercial 

 fisheries interests. Among our members are fishing vessels and their crews, co-ops, processors 

 and pacKers, ana suppuri Indast; ies in New York, Now Jersey, Connecticut and Rhode Island. 



We are concerned about the legislation which would grant substantially more authority to the 

 Atlantic States Marine Fisheries Commission than it presently has, H.R. 2 1 34. 



The will of the Congress was clearly written in the Magnuson Act, which provides opportunity 

 for the public to participate In the regulatory process. This is not true, unfortunately, of 

 ASMFC. Even if an advisory body is added, the Commission's meetings and process are 

 usually remote, both physically and operationally, from commercial and recreational fishermen. 

 The expense and time to participate is usually prohibitive. This, unfortunately, means that the 

 Commission may act with authority but not accountability, and that it has power without 

 responsibility. 



The Commission was created some 45 years ago because fish cross boundaries, and 

 regulations were sometimes in conflict. But in 1 976, Congress created the Management 

 Councils under Magnuson, and they have the statutory power to preempt the authority of any 

 state whose management actions are damaging to the resource. That capability would seem 

 enough to make certain that a state is 'in compliance.' 



The Councils, with their diverse makeup, recognize that fish and fisheries are quite different 

 along the coast, and make accommodations. Public participation is a critical part of that 

 process, and ASMFC simply does not provide a comparable venue. 



The Commission, on the other hand, seems to occasionally engage in a type of "horse 

 trading,' because the members' constituents are the residents of their home states. With the 

 Management Councils, the constituent is the resource and the entire spectrum of users and 

 interests. That principle is even spelled out in the responsibilities of Council members. 



In general, I hope that the Congress will stand by its Magnuson Act intent, and recognize that 

 the Atlantic States Marine Fisheries Commission may perform an Important advisory function for 

 the Councils; that the ASMFC should be a mechanism to exchange scientific information and 

 facilitate co-ordination among the states, primarily as an adjunct of the Councils; but that the 

 ASMFC is not an appropriate regulating body. In fact, It may create more conflict than it 

 resolves, and should only have the authority to act In a case where the Councils have not. 



P. O. Box 649 • Narragansett, Rl 02882 

 (401) 782-3440 • Fax (401) 782-4840 



