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• "After further discussion with NMFS.NOAA, the Department, and OMB.the Assistant 

 Administrator published & proposed rule in the Federal Register on March 18, 1993, 

 requesting public comments on the Council's recommendation without the 30,000 mt 

 reserve, and on several other options." The public comment period of this proposed rule 

 ended April 1,1993. 



• "Following the public commen t period, the Assistant Administrator reviewed the 

 voluminous administrative record, including comments received during the public comment 

 period, and came to a different conclusion than the Regional Director. The Assistant 

 Administrator determined that the record failed to justify either the Council's 

 recommendation or the partial disapproval reco mmen ded by the Regional Director. Asa 

 result, the Assistant Administrator withdrew approval authority from the Regional Director 

 and recommended disapproval of two parts of the Council's original recommendation — the 

 30,000 mt reserve and the sliding scale formula." 



• "After further discussions within the Department and at OMB, the Assistant 

 Administrator's recommendation was not concurred by the Acting Under Secretary for 

 Oceans and Atmosphere. The Assistant Administrator then prepared and submitted a new 

 recommendation which was approved by the Acting Under Secretary." This final decision 

 came on April 15, 1993— opening day of the 1993 whiting fishery. 



In slightly over three months, three different views were considered within the Commerce 

 Department. There were no public hearings and no communication with the Council. While much 

 of this occurred during the Clinton Adminisiration's first days in office when many positions were 

 unfilled or tem porarily filled, the ending decision still produced surprise, disappointment and 

 anger. One approach had three years of precedence and years of successful work by the regional 

 council; the other approach came late and reflected ever-changing federal views ever more distant 

 from those of the region. 

 Suggested Corrective Amendments 



Whatever the outcome of the allocation decision, the contrast between the Commerce approach 

 and the PFMC approach suggests that at least three important areas of the Magnuson Act bear 

 scrutiny for amendments: timeliness and efficiency of review and decision making processes; 

 consistent involvement by Councils in the whole decision process, together with an adequate 

 explanation of the rationale of final regulatory action; and, making decisions based on the 

 regionally-produced record. Suggestions for improvements to the Act that will produce 

 improvements in these areas are contained in the Oregon Legislature's Senate Joint Memorial 5. 



1. Timeliness and efficiency of review and decision mnklnP PTOCCSSCS. 



Under existing law, regulatory amendments, unlike plan amendments, need not obey a ticking 

 clock. Regardless of the allocation decision rendered by Commerce for the 1993 whiting season, a 

 sixteenth-hour decision on the first day of fishing serves no one. It is nearly impossible for 

 harvesters, processors and others in the seafood industry to make rational decisions when there is 



