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Since Washington State fishermen account for 70 percent of the 

 harvest in federal waters managed by the North Pacific Council, 

 there is an inherent contradiction in the statute that precludes 

 balanced representation on the North Pacific Council for Washington 

 State fishermen. 



The following range of alternatives is suggested to broaden 

 participation of affected users on the fishery management councils, 

 and to encourage councils to act as conflict resolution bodies. 



• Require a two- thirds majority vote on council actions that 

 result in significant reallocations between industry sectors. 



• Require a two- thirds majority vote on North Pacific and 

 Pacific council actions that delegate to any entity, other than a 

 council, primary management of a fishery predominantly occurring in 

 the U.S. 200-mile zone. 



• Require that the chairperson of the North Pacific Council be 

 elected by Council members from among the individuals serving as 

 non-voting members of the Council. 



• Designate one voting seat on the Pacific Fishery Management 

 Council for a Native American representative; the existing seat 

 occupied by a tribal fishing representative would revert to an at- 

 large seat as currently designated in the Act. 



4. Ethics Issues and the Regional Fishery Management Councils. 



One purpose of the Magnuson Act is to involve participants in 

 the fisheries in the decisionmaking process as federal appointees 

 to the regional fishery management councils. Council members, 

 however, are exempt from federal statutes that govern the conduct 

 of federal officials faced with conflicts of interest during 

 performance of their duties. Serious and legitimate questions have 

 been raised about whether the existing federal requirements and 

 standards are sufficient to maintain propriety in the management 

 process. 



• Council members, prior to a council vote, should be 

 required to state on the record any interests, financial or 

 otherwise, affected by the council action under consideration. 



• Also, council members should be required to provide more 

 detailed disclosure of interests. Interests should be defined to 

 include direct and indirect financial involvement. For example, 

 fishing industry members should be required to disclose what 

 species they harvest/process/market, and what gear type is employed 

 (or involved). Trade association representatives, those 

 representing views of sport fishing, consumer and environmental 

 organizations, and those working for individual companies should 

 disclose similar information about their employers or clients. 



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