When Congress created the Regional Fishery Management Coun- 

 cils under the Magnuson Act, it was felt that user groups with an 

 interest in the resource would act in a manner which would protect 

 that resource and ensure the future health of our fisheries. Hence, 

 recreational and commercial fisherman were given a prominent 

 role on the Fishery Management Councils which determine fish- 

 eries management and conservation policy. 



Now, rightly or wrongly, many people feel the Councils and their 

 members are acting unfairly. If this perception of unfairness is cor- 

 rect, then Congress definitely must take strong action to rectify 

 this problem, including tough provisions to discipline any Council 

 member who allows personal interest to unfairly bias his or her de- 

 cisions as a Council member. If, however, people are wrong in their 

 perception that Council members are allowing their personal inter- 

 ests to improperly affect their judgment, then we need to set the 

 record straight. 



However, even if it comes down to only a matter of perception, 

 if the public has lost faith in the fairness of the Council system be- 

 cause of these perceptions, then the Subcommittee must act to re- 

 store confidence in the system. 



Although I believe that the overwhelming majority of Council 

 members avoid allowing personal interest to bias their decisions, 

 this issue merits our serious consideration and, if need be, we must 

 take whatever action or actions are necessary to ensure that our 

 Nation's fisheries management and conservation system inspires 

 trust. Today, we begin that process. 



I now would like to recognize my distinguished colleague, Don 

 Young, the ranking member. 



STATEMENT OF HON. DON YOUNG, A U.S. REPRESENTATIVE 

 FROM ALASKA, AND RANKING MINORITY MEMBER, SUB- 

 COMMITTEE ON FISHERIES MANAGEMENT 



Mr. Young. Mr. Chairman, before Mr. DeGeorge begins his testi- 

 mony today, I would like to briefly review the history of the rights 

 and responsibilities of the Regional Fishery Management Council. 



I believe I am the only member of this Committee, the full Com- 

 mittee, that was sitting here when we passed the original Magnu- 

 son Act. 



When the Fishery Conservation and Management Act was 

 passed by the Congress in 1976, the Councils were created as citi- 

 zen managers who would provide their knowledge and expertise to 

 the Secretary of Commerce in regard to managing our fisheries in 

 the 200-mile zone. 



Because the Secretary of Commerce had the ultimate authority 

 to approve or disapprove fishery management plans, Congress did 

 not intend that the Council members be considered as Federal em- 

 ployees. 



Within the next few years, two important events occurred: the 

 Secretary began substituting his judgment for that of the Councils 

 and ignoring the advice of the Councils; and a Department of Com- 

 merce General Counsel ruling declared the Council members to be 

 Federal employees. 



This not only undermined the Council system established by the 

 Congress but also raised concerns that knowledgeable and experi- 



