49 



Why didn't it matter? Because the ASMFC says, "Guess what, 

 folks, you have to come through State waters, and if you have to 

 come through our waters which we have heard before, we don't 

 care what the council says, you are going to play by our rules" 

 means that the process was eliminated. The council's power was 

 usurped, as was the intent of Magnuson. 



Mr. Pallone. But then what Mr. Dunnigan said before when I 

 asked him about the public input, that would all come after this 

 committee decision, is that the problem? 



Mr. BOGAN. It wouldn't even have come afterward. What came 

 afterwards was a huge outcry which resulted in the technical advi- 

 sors getting together in Virginia in a meeting, which I and a num- 

 ber of other people attended, and putting a great deal of pressure 

 on that board to reconsider its vote and they, therefore, reconsid- 

 ered. 



Blackfish regulations are in the same state right now. We just 

 had this same thing happen with tautog, and not to bring one fish- 

 ery into another for any reason other than illustration, the tautog 

 may even be more of an egregious affront on the public process be- 

 cause there was a quote/unquote public process there. A review of 

 all of those public comments and I have gotten them all from the 

 Commission now and I added them up. 



Not one public comment, nor did the public document, support 

 what was voted on by the Commission. It was a disregarded proc- 

 ess. I feel like saying something even stronger about the public 

 process, but I will simply say that it was a process which was dis- 

 regarded. It never appeared to matter to the commission when a 

 vote was taken. 



It was really a show. The vote was taken, as Pat Donnelly who 

 is from the Masquan River Fishing Club pointed out, after a lunch- 

 eon meeting. This is the effect of the public process for the 

 ASMFC — a 200-mile change in a geographical line affecting fisher- 

 men which appeared to result from a luncheon discussion, outside 

 of the meeting and away from the public. 



I would submit that until the Commission itself is made account- 

 able, and until the charter is changed, you can't give them a fish- 

 eries management plan. It is not just the protocol, and I say that 

 respectfully. It is the charter itself. 



It is the inherent make-up of that entity which has to be changed 

 because otherwise it won't, just be a fluke. It won't just be bluefish. 

 It will not just be tautog. It will not just be stripers. It will be oth- 

 ers, and that is the danger in my opinion. 



Mr. Pallone. All right. Thanks. 



Mr. Saxton. Thank you. I don't have any further questions at 

 this time. I would like to thank each of you for being here and inci- 

 dentally, I don't believe I asked unanimous consent earlier to have 

 all statements recorded in the record, all written statements that 

 is, and we certainly will do that and so if there is no further busi- 

 ness, the Committee will stand adjourned. Thank you very much. 



[Whereupon, at 1:54 p.m., the subcommittee recessed to recon- 

 vene at the call of the Chair; and the following was submitted for 

 the record:] 



