Alliance of Communities for Sustainable Fisheries
256 Figueroa Street #1, Monterey, CA 93940
(831) 373-5238
www.alliancefisheries.com

Council could not simply establish regulations under its various fishery management plans to accomplish the Sanctuary’s objectives.

We also believe that the Secretary has an obligation to comply with the amended section 303(b)(2) of the Magnuson-Stevens Act, which stipulates criteria for closures of areas to fishing, and that these criteria must be met before any additional marine reserves are established in National Marine Sanctuaries.

3.      The Councils are required to follow the Science and Statistical Committees’ - which are made up of fishery scientists - advice on fishery management decisions.  In addition, councils are bound by the 10 National Standards.  Do sanctuary managers have either of these requirements under the National Marine Sanctuaries Act?

No.  Neither does the National Marine Sanctuaries Act provide the extensive peer review, public review, and public comment process used by the Councils under the Magnuson-Stevens Act.

 

4.      There is currently a public review process for changing the management of the three National Marine Sanctuaries off the coast of California.  Are all of the issues addressed in H.R. 1187 also addressed in this public process?  Since the public process has almost been completed, isn’t it unnecessary to enact legislation at this time?

HR 1187 provides for expansion of the two sanctuaries referenced in the bill, while the regulatory process does not.  HR 1187 also does not address all of the issues – including expansion – that are being considered by the Monterey Bay National Marine Sanctuary.  Regardless, we are unaware of any need for a fast track approach through legislation.  However, we have no objection to such an approach as long as the concerns expressed in my testimony are answered.

5.      While the regulations governing the allowable activities within the sanctuaries can be changed through an open, public process, if this legislation were to be enacted, all changes to the statute would have to be made by Congress.  Is this a process that we should consider?

With all due respect to the Congress, experience in natural resource management throughout history – especially in regard to dynamic resources such as fish stocks – has shown that regionalized control provides better results.  Like the Sanctuaries, the Congress has no Scientific and Statistical Committee and no body of managers and advisors with the local knowledge necessary to properly establish regulations that balance the need for resource conservation and the need for economic protection of local coastal communities. 

We note that several Sanctuaries around the nation have gone through a Congressional creation process.  Generally, that process provides for creation of the Sanctuary, some stipulations on very specific issues (such as the fisheries management issue on the west coast), and then gives flexibility to the Secretary to promulgate regulations.  If the

 

CONTINUED