211 



*?th OREGON LEGISLATIVE ASSEM8LY-1893 Ragulsr Session 

 Corrected 



A-Engrossed 



Senate Joint Memorial 5 



Ordered by the Senate June 7 

 Including Senate Amendments dated Jun<- 7 



Sponsored by Senators CEASE. DWYER; S*net»» 6. BUNN, Y1H 



SUMMARY 



The Allowing suamary U not prepared by the sponsors of the measure end U not o pert ef the body thereef subject 

 to consideration by the Legislative Assembly. H U en editor'! brief statement of the essential feature* of the 



measure 



Memorialises Congress to [rtptal law creating Bull Run Wattrthtd Manc$*tn*ni Unit and to 

 rnnaet Bull Run Trttpan Act to protect Bull Run WaUrsKtd) amend Magnuson Fishery Conser- 

 vation and Management Aet procedure* for nvliw by Secretary of Commerce or Fishery 

 Management Council decis ions 



1 JOINT MEMORIAL 



2 To the Senate and House of Representatives of the United States of America, in Congress assembled 



3 We, your memorialist*, the Sixty-seventh Legislative Assembly of the State of Oregon, in legis- 



4 lative aesaion assembled, respectfully represent as follows- 



6 Whereas with the passage in 1976 of the Magnuson Fishery Conservation and Management Aet, 



6 18 U.S.C. H 1801 to 1882 (P.L 94-286) ae amended, Congress set forth a comprehensive fisheries 



7 management regime to balance the interests of the nation's Ashing industries, its coastal communi- 



8 tie*, its fishery resources and the interests of the states in their coastal environments; and 



9 Whereas Congress wisely chose to delegate the responsibility for achieving that balance to the 



10 several regional Fishery Management Councils, whose proximity to the sources of biological, eeo- 



11 aotaic, ecological and commercial data necessary for a proper determination of an annual optimum 



12 yield best enables them to make a proper allocation of the allowable level of harvest from each 



13 . coastal fishery; and 



14 Whereas the Pacific Fishery Management Council has discharged its responsibilities under the 

 16 Act in good faith and with due regard for both the fights and interests of domestic resource users, 



16 including the various segments of tbe fishing industry, their dependent communities and the coastal 



17 Native American tribes, and for the long term sustainability of the resource; and 



II Whereas with its decisions of April 15 and April 29. 1993, respecting the domestic allocation of 



19 the West Coast Pacific whiting and ocean salmon fisheries, the United States Department of Com- 



X mere* has arbitrarily and capriciously substituted its own allocation formula, with no regard for the 



21 substantial evidence, reasoned judgment and sound conclusions upon which the Pacific Fishery 



32 Management Council baaed its recommendations to the Department, and 



23 Whereas the tardiness and limited duration of the department'-) decision, together with Its fail- 

 le ure to adequately explain its reasons for that decision, haa deprived Oregon fishing industry mem- 



25 bers of legitimate, investment-backed expectations based on the Pacific Fishery Management 



26 Council's stated goals and recommendations, haa left in its wake substantial uncertainty concerning 



27 the long tens direction and stability of coastal fishery resources and has jeopardiied public and 



\ NOTE: Matter ia hiiMf«ina tyy in aa aeiatiaed aactiea m »w; muii Itimlte and i rmtktt J\ u »a.tLo» U» t* Im milted. 

 New twtieiu in ia hnMftasd type. 



