99 



The 



Marine 



Fish 



Conservation 



Network 



"...To Protect, Restore, and Conserve Marine Fisheries." 



Proposed Amendments to the 

 Magnuson Fishery Conservation and Management Act of 1976 



Objective - REFORM THE REGIONAL 

 nSHERY MANAGEMENT COUNCILS 



The Marine Fish Conservation Network believes that refoim of the Regional Fishery 

 Management Councils is a fundamental issue for reauthorization of the Magnuson Act. We 

 recommend amending the Act to ensure a fairer representation of the broad public interest 

 among Council membership, and to prohibit Council members from voting on issues in 

 which they have an economic interest. 



Summary of the Problem 



The Regional Fishery Management Council system, whereby management decisions 

 are made at the regional level, as close to the fishers and other interested members of the 

 public as possible, is a cornerstone of the Magnuson Act. However, by including active 

 fishing industry representatives as voting members of the Councils, Congress also paved the 

 way for potential conflicts of interest in fishery management decisions. Individuals cannot be 

 expected to vote objectively when their financial interests are at stake and, in fact, there have 

 been numerous cases of conflict of interest throughout the Council system. 



As adopted by Congress, the Act originally established mechanisms for reducing 

 conflicts of interest. The National Standards, Secretarial and judicial review, and the 

 requirements of the Federal Advisory Committee Act (FACA) and Title 18 of the U.S. 

 Code, §208 (the rules prohibiting government employees from engaging in conflicts of 

 interest), all could be used to address the problem. However, over time these safeguards • 

 were eroded to such a degree that there are now few constraints on Council members. 



As a result of various re-authorizations of the Act, Councils are no longer subject to 

 FACA ot 18 U.S.C. §208. While the Act requires voting members to disclose information 

 concerning economic interests in fisheries, the requirement does not prohibit them from 

 voting on matters affecting those interests. Furthermore, the courts have been reluctant to 

 challenge the expertise of the Councils and advisory committees, leaving only procedural 

 matters and cases of "arbitrary and capricious" actions for judicial review. 



Meanwhile, fishing interests dominate the Councils. Language added in 1986 directed 

 the Secretary of Commerce to give priority for Council membership to active participants in 

 fisheries or their representatives over those simply knowledgeable individuals. Non-fishers 



steering Committee: 

 Center for Marine Conservation • Greenpeace • National Audubon Society • National Coalition (o r Marine Conservation • World Wildlife Fund 



1725 DeSales Streel. NW, Suite 500 • Washington. DC 20036 • Tel. (202) 857-3274 Fax (202) 872-0619 



