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A History of the Recent Council Process and Its Results 



In July of 1990 die Pacific Fishery Management Council started its discussion on the allocation 

 of Pacific whiting with a consideration of management measures for 199 1 . It then began 

 consideration, in September of 1991, of proposals for 1992. By the time it began to discuss the 

 1993 season, there f or e , the Council had already established a substantive process for dealing with 

 this component of the groundfish fishery. 



To prepare for the 1993 season, the Council took the following actions: 



• In April of 1992, the Council reviewed its previous recommendations and the subsequent 

 National Marine Fisheries Service (NMFS) actions. It then heard public testimony before it 

 began the regulatory amendment process. The Council also directed an ad hoc committee 

 to discuss whiting management issues and to provide a range of alternatives. 



• Three months later, in July of 1992, the Council considered five proposals — one from 

 each of the ad hoc committee participants — and, after testimony and discussion adopted 

 four of these as options for analysis. 



• In September of 1992, the Council received a report from its staff and its preliminary 

 analysis of the options. It again heard hours of public testimony and considered a host of 

 written comments from the public before adopting two major options and several sub- 

 options for a final analysis. 



• Finally, in November of 1992, the Council discussed the groundfish goals and objectives, 

 the mandates and national standards found in the Magnuson Fishery Conservation and 

 Management Act for groundfish management, and other policies and statutes. It reviewed 

 anew the written comments it had received, and again heard public comments on the 

 options. The Council also received the technical advice of its Groundfish Management 

 Team, the recommendations of its Groundfish Advisory Subpanel, and comments from 

 economists with the National Marine Fisheries Service. After a 9-2 vote, the PFMC sent 

 its recommendations to the Commerce D epar t me nt 



What Happened at the Commerce Department 



By way of contrast, Jay Johnson, Deputy General Counsel for Fisheries, Enforcement, and 

 Regions of the National Oceanic and Atmospheric Administration told the House Subcommittee on 

 Regulation, Business Opportunities and Technology at a June 4, 1993 hearing in Newport, 

 Oregon, that after the National Marine Fisheries Service received the PFMC recommendation on 

 December 22, 1992, the agencies took the following path toward a final allocation decision: 



• "On February 5. 1993 the Regional Director submitted a Decision Memorandum to the 

 Assistant Administrator proposing to disapprove the 30,000 mt reserve recommended by 

 the Council and to publish the remainder of the Council ' s recommendation as a proposed 

 rule in the Federal Register." 



