98 



BOSTON PUBLIC LIBRARY 



3 9999 05982 649 3 



ECFF/HR 2134 P. 2 



With specific regard to H.R. 2134, there is a real potential for conflict and irrationality. 



1 . Will states be unfairly punished for the transgressions of other states? This is certainly 

 possible. Suppose New York is "not in compliance.' Will innocent restaurateurs in that 

 state be prohibited from serving items legally caught in federal waters off New England 

 or the Carolinas? Will wholesalers be prohibited from selling imports of a moratorium 

 species? This is clearly the intent of the possession language of the law — to force 

 compliance by mass punishment, something thai is even prohibited in the military. 



2. Will interstate commerce be absurdly impacted? The possession language could certainly 

 prevent a packing house in one slate from even shipping product through a state where 

 there is a moratorium. 



3. Will fisheries be shut down because of political maneuvering for special interests? This is 

 clearly possible with the very subjective by-catch language (fail to return, etc.), and it 

 applies to many more fisheries than menhaden. It might especially hinder the 

 development of the underutilized fisheries we hope will take pressure off heavily-fished 

 species. A single fish of a species important to one state may generate a punitive 

 moratorium which harms large numbers of fishermen in another, and the agenda will be 

 for political purposes, not conservation ones. This is possible, even likely, given the 

 emotionalism of some issues. 



I hope that these problems will be addressed, if the Bill goes forward. In addition, H.R. 2 1 34 

 should make a clear statement that ASMFC is subordinate to the Councils, and that the 

 Council has the authority to supersede any Commission plan at any time. Nor should the 

 Secretary have the authority to reject any Council plan which supersedes a Commission plan 

 for any reason other than violation of the national standards in Magnuson. That, at least, 

 would provide a safeguard and diminish the tendency to politicize fishery management. 



Furthermore, the Bill ought to require ASIvlFC to adopt those same Ivlagnuson standards. They 

 were a vital part of the Ivlagnuson debate, and should not be easily dismissed as irrelevant or 

 inappropriate. 



H.R. 2134 is a bill which is potentially very harmful, for all the reasons given. If it is to go 

 forward, I sincerely hope that mechanisms will be put in place to reduce those dangers. 



Sincerely 



/Barnes D. O'Malley CJ 



Malley 

 Executive Director 



Cong. Gerry Studds 



Cong. Jack Beed 



Cong. George Hockbreuckner 



Cong. Billiam Hughes 



Cong. Martin Lancaster 



Cong. Jim Saxton 



Cong. Frank Pallone 



Cong. Chris Smith 



Offshore Mariners Assn. 

 Ne» York Seafood Wholesalers 

 Hontauk Fishermen's Co-op 

 Pt. Judith Fishermen's Co-op 

 Shinnecock Fishermen's Co-op 

 Pt. Pleasant Fishermen's Co-op 

 Belford Fishermen's Co-op 

 Seafood Harvesters of Neui York 

 Lund's Fisheries 



Neai Jersey Commercial 

 Fishermen's Assn. 

 Nem York State Tramlers 

 Lockwod & Binant 

 Jos. Carter Fish Company 

 Lou's Market 



Mass. Inshore Draggermen 

 Seafarer's International 

 Neui Bedford Seafood Co-op 



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