91 



1 



2 



3 We viewed the system as putting Council members in a "big box" in 



4 order for them to dynamically discuss and debate fisheries 



5 issues. The Council would then make RECOMMENDATIONS to the 



6 Secretary of Connnerce for his final decision. 

 7 



8 The one constant control of this system was the Council members 



9 couldn't get out of the box. They had to recognize the confines 



10 of the law and then their recommendations were to be reviewed by 



11 the Secretary of Commerce who would, among other things, make 



12 sure the seven National Standards were adhered to and all other 



13 applicable laws complied with. 

 14 



15 Under original concept, it didn't matter if a boat captain or 



16 processor or marina operator or pleasure boat manufacturer served 



17 on the Council because the product of the collective work was to 



18 be an FMF RECOMMENDATION to the Secretary of Commerce who has 



19 legal responsibility to determine if the RECOMMENDED FMP was 



20 legal. After such a determination the Secretary would write and 



21 publish the regulations. This is the kind of check and balance . 

 2 2 wh-fch makes government work. 



23 



24 What is killing the MFCMA is that former Secretaries of Commerce 



26 have abrogated their responsibilities to the Director of the 



26 National Marine Fisheries Service. 



