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vessels that formerly participated in the Pacific whiting Joint 

 venture fishery was not a sensible method of preserving any 

 peroelved historical rights. There simply is no Justification for 

 departing so dramatically from the 1991 allocation that divided the 

 catch between vessels of different harvesting capabilities, but did 

 not Impede commerce by precluding bidding among all processors for 

 the fish. 



Identifying Weaknesses in the Fishery Management Process. 



The controversy surrounding Pacific whiting management is 

 rooted, not only In the failed policies of the previous 

 administration, but In the weaknesses of the existing fishery 

 management system. Congress needs to address these problems when 

 it reauthorizes the Magnuson Fishery Conservation and Management 

 Act this year. Briefly stated, here are several existing flaws In 

 U.S. fisheries policy that exacerbated the situation surrounding 

 Pacific whiting management. 



First, the Magnuson Act calls for proportional representation 

 for user groups on the councils. However, the at-sea processing 

 sector is not represented on the Pacific Council. If regional 

 decisionmaking is going to work — and user groups are going to 

 comprise the the decisionmaking body — then fair representation of 

 all legitimate Interests must be ensured, and due consideration 

 must be given to the legitimate Interests of all industry sectors. 



