23 



ATTACHMENT TO THE STATEMENT BY 



FRANK DEGEORGE 



INSPECTOR GENERAL 



U.S. DEPARTMENT OF COMMERCE 



BEFORE THE 



SUBCOMMITTEE ON FISHERIES MANAGEMENT 



HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES 



March 23, 1994 



Potential Amendments to the 

 Magnuson Fishery Conservation and Management Act of 1976 



Mitigation of Conflict of Interest 



1. Increase participation on the Councils of "knowledgeable" individuals who are not 

 actively involved in fisheries. 



2. Include a recusal mechanism, at least where economic allocation decisions are under 

 consideration. 



3. Require financial interest disclosures to become part of the record at the time the 

 decision in question is being voted on. 



4. Authorize the Secretary to remove members for failure to make full disclosure before 

 voting. 



5. Authorize the Secretary to reject a plan if it is passed based on a conflict-of-interest 

 vote. 



6. Eliminate the waiver of the federal conflict of interest statute. 



7. Eliminate the waiver of the federal conflict of interest statute and replace it with a 

 more tailored exemption. 



8. Remove the Councils' exemption from the Federal Advisory Committee Act. 



9. Require a written transcript of Council hearings (rather than a summary). 



10. Require witnesses to state, under oath, qualifications and interests for full 

 consideration by the Council and other interested parties. 



11. Require a two-thirds vote of the scientific statistics committee before an emergency 

 action can be taken. 



12. Require fishery management plans to be "based upon a clear preponderance of the 

 evidence in record" to ensure votes are based on presented facts and not preconceived 

 agendas. 



13. Expand the authority and responsiblity of scientific, industry, and other advisory 

 panels as a means to provide information to the Councils. 



