210 



Page 6 



notifyiag a coucil of disapproval, the Secretary shall promptly provide to tbe Comcfl a 

 writtei statement of the reason on which the disapproval wu baaed aad advise the 

 Council that it nay submit a further revised regulatory ameadmeiit for review and 

 determination under this paragraph. If the Secretary does not notify the Council ia writing 

 of the disapproval or partial disapproval by the 30th day after the receipt date, a regulatory 

 amendment wU take effect and be implemented." 



3. Malriny Ariann. hnsjfl m the repmsllv-iiraduccd record. 



One further recommendation for your consideration. As I mentioned earlier, federal actions 

 contrary to Council recommendations foster considerable anguish and mistrust when federal 

 agencies make those decisions not only far removed from the region which will bear their 

 consequences, but also in a manner that allows agencies to be perceived as susceptible to undue 

 influence. This memorial suggest the following language to change the Magnuson Act provision 

 governing amendments to the Fishery Management Plan to prohibit late additions to the record of 

 decision: 



(3) Amend 16 U.S.C. § 1854(aX2) to read as follows: 



**(a) (2) In undertaking the review required under paragraph (1) (B), the Secretary shall • 



(A) take into account only 



(i) the data, views and comments received from interested persons that have 

 been made a part of the official record submitted by a council with the fishery 

 management plan or an amendment to the plan under paragraph (1) (A), or a 

 regulatory amendment to a plan under subsection (d); and 

 (ii) any written data, views and comments received pursuant to paragraph (1) 

 (B), which must be on the issue of consistency with the national standards 

 contained in Section 301, other provisions of this Act and other applicable law. 



(B) consult with the Secretary of State with respect to foreign fishing; and 



(C) consult with the Secretary of the department in which the Coast Guard is 

 operating with respect to enforcement at sea and to fishery access adjustments 

 referred to in section 1853UX6) of this title." 



Nothing in the suggested amendment seeks to limit appropriate review of Council 

 recommendations by the Commerce Department. At the very least, however, reviewing agencies 

 should be required to compile a record as open and as complete as those prepared by the Councils. 



Again, I appreciate the opportunity to speak before you. A copy of Senate Joint Memorial 5 is 

 attached to my testimony. I understand that Senator Packwood has proposed to the Senate 

 Commerc e Com m ittee, amendments similar to those contained in the first two corrective 

 amendments stated in this testimony. 



