PROPOSED AMENDMENT FOR THE MAGNUSON ACT (MFCMA) 



ISSUE: Fishery Management Plans (FMPs) for Atlantic Higiily Migratory Species (Swordfish, 

 Tuna, Marlin, Pelagic Sharks) arc being prepared without adequate public participation. 



BACKGROUND: The 1990 amendments wisely transferred the responsibility for preparing 

 fishery management plans for Atlantic Highly Migratory Species from the five regional councils 

 to the Secretary of Commerce. This consolidation of authority promoted efficiency and better 

 coordination of domestic and international management efforU. Congress, however, did not 

 specify how plans should be developed by the Secretary other than to require consultation with 

 interested parties. 



Despite repeated requesU from fishermen, NOAA has failed to esublish a plan development 

 process which involves interested parties in open public discussion and review of issues and 

 scientific evaluations. The present ad hoc process does not provide adequate public involvement 

 in developing recommended management options. 



PROPOSAL: Direct the Secretary of Commerce to appoint teams from the ICCAT Advisory 

 Committee established under the Atlantic Tunas Convention Act to develop and recommend 

 plans for the Secretary's review and adoption by adding a new subparagraph (G) to 16 U.S.C. 

 1854 (0(3) as follows: 



"(G) TTie Secretary shall establish a planning team for each fishery management plan to 

 be prepared under this paragraph composed of not less than seven members of the 

 ICCAT Adirfsory Committee or species working groups established under the Atlantic 

 Tunas Convention Act who arc knowledgeable and experienced with the fishery 

 concerned. Members of such teams shall be appointed by the Secretary for a term of 

 three years, shall be eligible for reappointment, and shall receive no compensation except 

 the Secretary shall reimburse them for any necessary expenses. Teams shall prepare 

 draft plans and plan amendmenU which the Secretary shall review and consider before 

 proposing plans or plan amendments under this paragraph." 



and by adding "planning teams" after the word "Councils" in 16 U.S.C. 18 Q)i\). 



