22 



Dr. Matlock. Let me make sure that I have not misled you and 

 indicated that NMFS and the Secretary would not be involved in 

 the planning process. We would be. We sit on the Atlantic States 

 Marine Fisheries Commission's boards. We participate in their 

 meetings very heavily and Jack can give you much more detail in 

 what we do and how we do it. 



We also would be required under the Atlantic Coastal Act to con- 

 sult with the Councils, the Fishery Management Councils, so they 

 have an opportunity under the Atlantic Coastal Act to be involved 

 in whatever it is that the Commission develops. 



We also then are responsible for publishing the proposed rules 

 and the public is provided the opportunity to comment on those 

 proposed rules and then changes can be made to them in the final 

 rule or even the rule is withdrawn which actually has occurred. 



So I don't want to mislead you and if I have, I certainly apologize 

 in that the Fisheries Service and the Secretary would be involved 

 in the planning process. We would continue to be involved in it just 

 as much frankly as we are right now. 



Mr. Saxton. What do you say? What is the advantage of with- 

 drawing as your recommendation is from the process then? 



Dr. Matlock. The major savings are the requirements that are 

 placed upon us under the Magnuson Act procedurally. You have to 

 go through a process and set timeframes for getting things pub- 

 lished, getting them commented upon and you have to wait a cer- 

 tain amount of time. 



Getting through that entire process for the Council and for the 

 Atlantic States Marine Fisheries Commission means you have to do 

 them basically twice. 



So if we can do them once and get through the process to imple- 

 ment what the Commission and what the Secretary would agree 

 are worthwhile things to implement we can save time procedurally. 



Mr. Pallone. Is this decision about whether to severe this joint 

 relationship and just have the Commission, is that something that 

 you can do on your own without Congress, is that just a regulatory 

 change? 



Dr. Matlock. Yes, sir, I believe it is. It is a regulatory change. 



Mr. Pallone. All right and what about, and again Mr. Dunnigan 

 can tell me, this public input procedure between the two, the Com- 

 mission and the Council, I guess I am more familiar with what the 

 Council does because that is set by the Magnuson Act or at least 

 the parameters are. 



Maybe you guys can't answer it, but obviously the fishermen are 

 concerned and the next panel, I assume, is going to get into the 

 fact that the public input doesn't seem to be as great with the Com- 

 mission. Do you want to just comment on the difference between 

 the two in terms of public input? 



Mr. Gilford. I will ask Jack to comment on the Commission 

 public input process but what occurs in the Council is that before 

 we do a management plan we do a scoping document and that 

 scoping document goes out for public comment in the sense that we 

 go up and down the coast and have public forums where users and 

 interested people can comment to make sure that what is consid- 

 ered in a development management plan covers things of their in- 

 terest and concern. 



