201 



o Assumptions are r.ado that raw product can be transported to 

 shore without serious loss of quality. This nay not be correct 

 given the fragile nature of hake. 



Recommendation 



We recommend that the proposal be returned to the Council for 

 rethinking along the lines of what was approved in 1991, because 

 of basic problems with the proposed action and because ws do not 

 believe the analysis can ba stretched to support it. A more 

 moderate proposal would not require as many benefits because you 

 would not have as many obvious costs and impacts. 



Alternative 1 in the Final Report and EA/RIR, the 3-tiered 

 approach, is also flawed for many of the sane reasons and nay be 

 more difficult to justify than the Council's preferred 

 alternative. Of all alternatives considered. Alternative 4, 

 continuing the 1991 allocation percentages in 1992, would be the 

 most expedient and moderate of actions considered by the Council. 



Rules proposed to implement FMP amendments are published without 

 a determination of compliance with the Magnuson Act and other 

 applicable law. However, for regulatory amendments under a 

 framework FMP, the Secretary must make these determinations at 

 the proposed rule stage. They are our proposed rules, not just 

 the Council's. Although publication of a proposed regulatory 

 amendment does not commit us to issuing exactly the same text in 

 final form, it is more analogous to the Day 95 approval of an FMP 

 amendment than to the Day 15 proposed rule publication. 



We recognize the consequences of not having. an allocation scheme 

 in place when the season opens April 15 and, accordingly, are 

 anxious to support quick processing and approval of a fair and 

 equitable allocation that is analyzed and justified. 



o 



