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PACIFIC STATES MARINE FISHERIES COMMISSION 1980 



5. Removal of Inconsistencies and Clarification of Intent 

 in Federal Laws Governing Conservation and Manage* 

 ment of Living Marine Resources 



WHEREAS, the Fishery Conservation and Management 

 Act of 1976 (FCMA). laid the foundation for a new era of 

 regional fishery conservation and management, predicat- 

 ed upon new National Standards which require considera- 

 tion o; socioeconomic as well as biological factors in man- 

 agement planning: and 



WHEREAS, those National Standards also require that 

 fishery conservation and management measures shall, 

 wnere practicable, "promote efficiency in the utilization of 

 fishery resources": and "minimize costs and avoid unne- 

 cessary duplication": and 



WHEREAS, four years of experience in implementation 

 of FCMA clearly demonstrate that certain fundamental 

 Inconsistencies with other Federal laws seriously impede 

 achievement of either biological or socioeconomic stan- 

 dards set by FCMA: and. that in some instances the intent 

 of Congress needs clarification to assure its proper inter- 

 pretation in administrative practice: 



THEREFORE BE IT RESOLVED, that the Pacific Marine 

 Fisheries Commission requests appropriate Congression- 

 al oversight Committees to seek advice from the coastal 

 Stales, the Regional Fishery Management Councils, and 

 the National Marine Fisheries Service as basis for prompt 

 amendment as necessary of the Fishery Conservation and 

 Managment Act of 1976 and other federal legislation to 

 remove existing inconsistencies and clarify the intent of 

 Congress. Imoortant issuf>s to be considered inclu^R' 

 1. Ecosystem management concept of FCMA is ren- 

 dered inoperable by exclusion of marine mammals 

 from FCMA jurisdiction and by immunity from any 

 management measures accorded marine mammals 

 by the Marine Mammal Pcntection Act of 1972: 

 2. . Need for improved funding procedures for foreign 

 ^S^ng observer programs through direct application 

 of collected fees: and to establish Congressional 

 intent for increased funding for data collection and 

 nrianagement-related research required to implement 

 National Standard 2 ("Conservation and manage- 

 ment measures shall be based on the best scientific 

 information available"). 



Adopted unanimously by the five Compact States: 

 Alaska. California. Idaho. Oregon, and Washington 



