Table Of ContentMAGNUSON FISHERY CONSERVATION AND
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MANAGEMENT ACT REAUTHORIZATION
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SUBCOMMITTEE ON FISHERIES MANAGEMENT
OF THE
COMMITTEE ON
MERCHANT MARINE AND FISHERIES
HOUSE OF REPRESENTATIVES
ONE HUNDRED THIRD CONGRESS
FIRST SESSION
ON
H.R. 780
TO REAUTHORIZE THE MAGNUSON FISHERY
CONSERVATION AND MANAGEMENT ACT
MARCH 3, 1993, APRIL 21, 1993, JUNE 16, 1993
Serial No. 103-28
Printed for the use of the Committee on Merchant Marine and Fisheries
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MAGNUSON FISHERY CONSERVATION AND
MANAGEMENT ACT REAUTHORIZATION
HEARINGS
BEFORE THE
SUBCOMMITTEE ON FISHERIES MANAGEMENT
OF THE
COMMITTEE ON
MERCHANT MARINE AND FISHERIES
HOUSE OF REPRESENTATIVES
ONE HUNDRED THIRD CONGRESS
FIRST SESSION
ON
H.R. 780
TO REAUTHORIZE THE MAGNUSON FISHERY
CONSERVATION AND MANAGEMENT ACT
MARCH 3, 1993, APRIL 21, 1993, JUNE 16, 1993
Serial No. 103-28
Printed for the use of the Committee on Merchant Marine and Fisheries
U.S. GOVERNMENT PRINTING OFFICE
70-821 t=i WASHINGTON : 1993
Forsaleby the U.S. Government Printing OtTice
SuperintendentofDocuments,Congressional SalesOffice, Washington, DC 20402
ISBN 0-16-0A1424-5
COMMITTEE ON MERCHANT MARINE AND FISHERIES
GERRY E. STUDDS, Massachusetts, Chairman
WILLIAM J. HUGHES, New Jersey JACK FIELDS, Texas
EARL HUTTO, Florida DON YOUNG, Alaska
W.J. (BILLY) TAUZIN, Louisiana HERBERT H. BATEMAN, Virginia
WILLIAM O. LIPINSKI, Illinois JIM SAXTON, New Jersey
SOLOMON P. ORTIZ, Texas HOWARD COBLE, North Carolina
THOMAS MANTON, New York CURT WELDON, Pennsylvania
J.
OWEN B. PICKETT, Virginia JAMES M. INHOFE, Oklahoma
GEORGE HOCHBRUECKNER, New York ARTHUR RAVENEL, Jr., South Carolina
FRANK PJA.LLONE, Jr., New Jersey WAYNE T. GILCHREST, Maryland
GREG LAUGHLIN, Texas RANDY "DUKE" CUNNINGHAM, California
JOLENE UNSOELD, Washington JACK KINGSTON, Georgia
GENE TAYLOR, Mississippi TILLIE K. FOWLER, Florida
JACK REED, Rhode Island MICHAEL N. CASTLE, Delaware
H. MARTIN LANCASTER, North Carolina PETER T. KING, New York
THOMAS H. ANDREWS, Maine LINCOLN DIAZ-BALART, Florida
ELIZABETH FURSE, Oregon RICHARD W. POMBO, California
LYNN SCHENK, California HELEN DELICH BENTLEY, Maryland
GENE GREEN, Texas CHARLES H. TAYLOR, North Carolina
ALCEE L. HASTINGS, Florida PETER G. TORKILDSEN, Massachusetts
DAN HAMBURG, California
BLANCHE M. LAMBERT, Arkansas
ANNA G. ESHOO, California
THOMAS BARLOW, Kentucky
J. III,
BART STUPAK, Michigan
BENNIE G. THOMPSON, Mississippi
MARIA CANTWELL, Washington
PETER DEUTSCH, Florida
GARY ACKERMAN, New York
L.
Jeffrey R. Pike, Staff Director
William W. Stelle, jB..,Chief Counsel
Mary J. Fusco Kitsos, Chief Clerk
Harry F. Burroughs, Minority StaffDirector
Subcommittee on Fisheries Management
THOMAS MANTON, New York, Chairman
J.
WILLIAM HUGHES, New Jersey DON YOUNG, Alaska
JOLENE UJN.SOELD, Washington HOWARD COBLE, North Carolina
GENE TAYLOR, Mississippi ARTHUR RAVENEL, Jr., South Carolina
H. MARTIN LANCASTER, North Carolina JACK KINGSTON, Georgia
DAN HAMBURG, California JACK FIELDS, Texas (ExOfficio)
MARIA CANTWELL, Washington
EARL HUTTO, Florida
GERRY E. STUDDS, Massachusetts
(ExOfficio)
Jim Mathews, StaffDirector
Gregory Lambert, Counsel
Rod Moore, Minority Professional Staff
(II)
CONTENTS
Page
Hearings held:
March 3, 1993 1
April 21, 1993 35
June 16, 1993 79
Statement of:
Anderson, Lee G., Chairman, Mid-Atlantic Fishery Management Council 14
.
Prepared statement 123
Blum, Joseph, Executive Director, American Factory Trawler Association 48
Prepared statement 258
Bostick, Curtis W., Chairman, South Atlantic Fishery Management Coun-
cil 17
Prepared statement 129
Brancaleone, Joseph M., Chairman, New England Fishery Management
Council; accompanied by Arthur J. Odlin, Vice Chairman 12
Prepared statement 122
Brouha, Paul, Executive Director, American Fisheries Society 66
Prepared statement 273
Cantwell, Hon. Maria, a U.S. Representative from Washington 8
Prepared statement 9, 37
Colvin, Gordon, Director of Marine Resources, New York State Depart-
ment ofEnvironmental Conservation 91
Prepared statement 464
Fields, Hon. Jack, a U.S. Representative from Texas, and ranking minor-
ity member. Committee on Merchant Marine and Fisheries 5, 37
Gutting, Richard, Vice President, Government Relations, National Fish-
eries Institute 40
Prepared statement 225
Hamburg, Hon. Dan, a U.S. Representative from California 7, 63, 80
Hayes, Robert, Bogle & Gates, Washington, DC 46
Prepared statement 249
Horn, Philip D., Chairman, GulfofMexico Fishery Management Council 19
.
Prepared statement 146
Hughes, Hon. William J., a U.S. Representative from New Jersey 6,
37,82
ludicello, Suzanne, Senior Program Counsel, Center for Marine Conserva-
tion 38
Prepared statement 211
Josephson, Diana H., Deputy Undersecretary for Oceans and Atmosphere,
NOAA
9
Prepared statement 107
Leape, Jerry, Legislative Director, Oceans-Ecology, Greenpeace USA, rep-
resenting the Marine Fish Conservation Network 71
Prepared statement 295
Lujan, Rufo J., Chairman, Western Pacific Fishery Management Council 23
.
Prepared statement 150
Manton, Hon. Thomas J., a U.S. Representative from New York, and
chairman. Subcommittee on Fisheries Management 1, 35, 79
Merculieff, Larry, City Manager, City ofSt. Paul, Alaska 44
Prepared statement 238
Nussman, Michael, Vice President, Government Affairs, American Fish-
ing Tackle Manufacturers Association 68
Prepared statement 283
Pautzke, Clarence G., Executive Director, North Pacific Fishery Manage-
ment Council 21
(III)
IV
Page
—
Statement of Continued
Pautzke, Claren—ce G., Executive Director, North Pacific Fishery Manage-
ment Council Continued
Prepared statement 148
Perret, William "Corky", Assistant Secretary, Office of Fisheries, Louisi-
ana Department ofWildlife and Fisheries 85
Prepared statement 429
Prosser, Norville, Vice President, Sport Fishing Institute 43
Prepared statement 233
Ravenel, Hon. Arthur, a U.S. Representative from South Carolina 6
Rosen, Rudy, Director of Fisheries and Wildlife, Texas Parks and Wildlife
Department 87
Prepared statement 438
Rosier, Carl, Commissioner, Alaska Department ofFish and Game 83
Prepared statement 406
Sloan, Stephen, Vice Chairman, The Billfish Foundation 69
Prepared statement 289
Smith, Jessica, Director of Communications, Seafarers International
Union 65
Studds, Hon. Gerry, a U.S. Representative from Massachusetts, and
chairman, Committee on Merchant Marine and Fisheries 2
Prepared statement 4
Turner, Bob, Director, Washington Department ofFisheries 89
Prepared statement 459
Unsoeld, Hon. Jolene, a U.S. Representative from Washington 7, 36
Vega-Morera, Hector M., Chairman, Fishery Management Council 19
Prepared statement 144
Young, Hon. Don, a U.S. Representative from Alaska 5, 42, 81
Prepared statement 81
Additional material supplied:
Brouha, Paul (American Fisheries Society): Hearing followup questions
and answers 279
Center for Marine Conservation, et al: A national agenda to protect,
restore, and conserve marine fisheries 392
Environmental Defense Fund: Critical issues and reforms in the reau-
thorization of the Magnuson Fishery Conservation and Management
Act 355
Gutting, Richard E. (National Fisheries Institute): Hearing followup ques-
tions and answers 492
Josephson, Diana H. (NOAA): Hearing followup questions and answers 109
....
Leape, Gerald et al (Marine Fish Conservation Network Steering Com-
mittee): A national agenda to protect, restore, and conserve marine
fisheries 158
Merculieff, Larry (The Bering Sea Coalition):
The Bering Sea: Research/Management Challenges and Rec-
ommendations 240
Hearing followup questions and answers 479
Northeast Fisheries Science Center: Research highlights 374
Pacific Fishery Management Council: Testimony on reauthorization of
the Magnuson Fishery Conservation and Management Act 157
Pagels, Penny (Greenpeace): Comments on reauthorization of the Magnu-
son Act 173
Perret, William "Corky": Hearing followup questions and answers 436
ReefF, Mark (International Association of Fish and Wildlife Agencies):
Hearing followup questions and answers (submitted on behalf of Rudy
Rosen ofTexas Parks and Wildlife Department) 450
Rosier, Carl (State of Alaska Department of Fish and Game): Hearing
followup questions and answers 452
Seafarers International Union of North America: Statement on the Mag-
nuson Act 314
South Atlantic Fishery Management Council:
Hearing followup questions and answers 136
Recommendations for amendments to the MFCMA 138
Thomson, Arni (Alaska Crab Coalition): Statement on the Magnuson
Act 369
WWF
World Wildlife Fund: List of proposals will seek to address in
proposals to amend the Magnuson Act 180
Page
Communications submitted:
Coates, Philip G. (The Commonwealth of Massachusetts, Division of Ma-
rine Fisheries): Letter ofJune 27, 1993, to Hon. Gerry Studds 484
Grader, W. F. "Zeke", Jr. (Pacific Coast Federation of Fishermen's Asso-
ciations): Letter ofApril 21, 1993, to Hon. Thomas J. Manton 397
Gulf of Mexico Fishery Management Council: Letter of May 27, 1993,
to Hon. Thomas J. Manton ' 207
Hinman, Ken (National Coalition for Marine Conservation): Letter of
March 4, 1993, to Hon. Thomas J. Manton 194
Leape, Gerald B. (Greenpeace): Letter ofAugust 5, 1993, to Hon. Thomas
Manton
J. 4O3
Pennroyer, Steven (NOAA): Memorandum for John oiiver. Director,
Budget and Planning Office ' 399
Weiner, Scott A. (State of New Jersey, Department of Environmental
Protection and Energy): Letter of July 9, 1993, to Hon. Thomas J.
Manton
437
Zimmerman, Michael (Office of Inspector General): Letter of April 23^
1993, to Hon. Don Young ' 199
MAGNUSON FISHERY CONSERVATION AND
MANAGEMENT ACT REAUTHORIZATION
WEDNESDAY, MARCH
3, 1993
House of Representatives,
Subcommittee on Fisheries Management,
Committee on Merchant Marine and Fisheries,
Washington, DC.
The Subcommittee met, pursuant to call, at 2:04 p.m., in room
1334, Longworth House Office Building, Hon. Thomas J. Manton
[chairman of the Subcommittee] presiding.
Present: Representatives Manton, Studds, Unsoeld, Taylor, Ham-
burg, Cantwell, Ravenel, Kingston, and Pallone.
Staff Present: Jeffrey Pike, Will Stelle, Sue Waldron, Jim Math-
ews, Greg Lambert, Lori Rosa, Mike Quigley, Robert Wharton,
Mary Beth Beethum, Amy Young, Jean Flemma, Ashley Evans,
Jim Hoff, Marina Chang, Stephen Peranich, Jed Brown, Harry
Burroughs, Cyndi Wilkinson, Judy Alvarez, Rod Moore, Jill Brady,
Julie Roberts, Ed Lee, Triece Ziblut, and Bill Wright.
STATEMENT OF HON. THOMAS J. MANTON, A U.S.
REPRESENTATIVE FROM NEW YORK
Mr. Manton. Good afternoon and welcome to the first hearing
by the Subcommittee on Fisheries Management, a new Subcommit-
tee created to ensure the proper management and conservation of
a valuable national asset, the fisheries of the United States. Today,
we formally begin our work with a hearing on H.R. 780, legislation
to reauthorize the Magnuson Fishery Conservation and Manage-
ment Act.
For thousands of years the human race viewed fish as an inex-
haustible natural resource, there for the taking. We now appreci-
ate that fish are a renewable but not inexhaustible resource.
Indeed, humans, with our infinite capacity to abuse our planet, can
deplete this wonderful gift and threaten whole ecosystems. The
Magnuson Act established a Federal system to responsibly manage
the harvesting of fish so as to ensure future availability.
Congress, in passing the Magnuson Act, recognized the need to
manage fishing activities in order to protect fisheries and ensure
their future viability. Accordingly, the Act provides a mechanism
to apportion this resource among the many actual and potential
users. I am greatly concerned that despite our best intentions, we
may be failing in our efforts to responsibly manage and fairly allo-
cate these resources.
(1)
Having said this, however, I must admit I am not yet convinced
we need fundamental changes in the Act. Since my election as
Chairman of this Subcommittee, I have had the opportunity to
meet with commercial fishermen, anglers, council members, conser-
vationists, consumers, and scientists all of whom share their con-
cerns about the implementation of the Magnuson Act. I have been
surprised at the number of parties who share the belief that the
problems they have perceived or experienced are not necessarily
associated with the Magnuson Act as written but rather the admin-
istration of the Act. While we will not shy away from necessary
changes to the law, I am reminded of the old adage, "If it ain't
broke, don't fix it."
Given the widespread belief that the problems confronting our
fisheries can be traced to administrative shortcomings, it is appro-
priate we hear from those responsible for administering the Act at
We
this first hearing. on the Subcommittee fully appreciate the dif-
ficult tasks confronting the National Marine Fisheries Service and
the councils. It is not easy to balance the need to protect fisheries
against the legitimate demand of users. Perhaps even more diffi-
cult is the task of fairly allocating this resource among the various
users.
In conclusion, I want to encourage all with ideas for improving
the operation of this important program to make their views
known to me and to the Subcommittee staff. We all need to work
together. I hope that years from now all of us, commercial fisher-
men, anglers, Members of Congress, council members, and conser-
vationists, can take pride in our role in shaping a program that
fairly allocates this resource among present users and protects this
bounty for future generations.
Unfortunately, our good friend and colleague, the ranking
member, Don Young, is unable to be with us today. I would caution
today's witnesses and those in attendance, however, that his ab-
sence is not the result of a lack of interest in the Magnuson Act
Reauthorization. I can assure everyone here that Don intends to
take an active role in this process and fisheries issues in general as
he has in the past.
I understand he is at home battling the flu, and I know we all
wish him well and a speedy recovery. He had intended to ask
today's witnesses a series of questions, and I ask unanimous con-
sent that these questions and his opening statement be made a
part of the official record. I would also ask unanimous consent that
any other member of the Subcommittee or the full Committee be
allowed to submit any additional questions they may have for the
record. I now recognize my colleague, Gerry Studds, the Chairman
of the full Committee, the gentleman from Massachusetts.
STATEMENT OF HON. GERRY STUDDS, A U.S. REPRESENTATIVE
FROM MASSACHUSETTS
Mr. Studds. Thank you very much, Mr. Chairman. I want to
commend you on this occasion of your first hearing as Chairman of
the new Subcommittee. I hope that all will treat and understand
the creation of this Subcommittee is, among other things, a re-
newed emphasis on the importance of fisheries. This is the first
