100 



experienced in fisheries conservation and management, therefore, frequently would not meet 

 the qualifications for membership on the Councils. While that requirement has since been 

 modified so that knowledge of conservation and management may be considered sufficient 

 experience to be a voting Council member, there is still inadequate non-user representation 

 on the Councils. 



Finally, many observers of the Council system have noted that another source of 

 conflict of interest is the designated state official. These individuals, by virtue of their 

 positions as state employees, are often beholden to the dominant political/constituent interests 

 in their home states, and therefore may be constrained from voting in an objective manner. 

 This additional potential for conflict among designated Council members only serves to 

 underscore the need to reduce the potential for conflict of interest among Council appointees. 



Needed Action 



The Marine Fish Conservation Network views reform of the Council system as necessary to 

 the attainment of the conservation objectives of the Act. The Network's proposals are 

 designed to improve the existing system of fisheries management. We offer these as a 

 preferred alternative to proposals being advocated by some which would completely overturn 

 and re-structure the Council system. In order to make the present system work, we 

 recommend the following: 



• prohibit members from voting on matters relating to a fishery in which they have a 

 financial interest; 



• authorize the Secretary to remove any Council member for violating disclosure and 

 conflict of interest provisions, and provide the Secretary with the authority to reject a plan or 

 amendment whose passage was contingent on a conflict of interest vote; 



• provide the Secretary with adequate tools for determining conflicts of interest; 



• increase participation of knowledgeable individuals who are not actively involved 

 in the fisheries; and 



• enhance the role of advisory panels as a means to provide information to the 

 councils and to encourage participation by knowledgeable individuals early in the council 

 discussion process. 



