AK Fishery Facts—North Pacific Fishery Management Council
Frequently asked questions and answers
The North Pacific Fishery Management Council is one of eight U.S. regional fishery management councils established by the Magnuson-Stevens Act in 1976. They were established to manage fisheries in the Exclusive Economic Zone which, under the Magnuson-Stevens Act, runs from the seaward boundary of each coastal state up to 200 nautical miles offshore. In Alaska, the Exclusive Economic Zone is 3 to 200 nautical miles.
The Council was formed by Congress to make federal fishery management recommendations at a regional level driven by public input. Government agencies, including NOAA Fisheries, play an important role in advising the Council along with key stakeholders including:
- Commercial and recreational fishers
- Fishing and processing industry representatives
- Subsistence users
- Environmental organizations
Headquartered in Anchorage, Alaska, the Council is made up of members from Alaska, Washington, and Oregon. It is responsible for providing NOAA Fisheries with recommendations on the conservation and management for fisheries in federal waters off the coast of Alaska, including those in the Bering Sea and Gulf of Alaska.
This FAQ addresses common misconceptions about NOAA Fisheries’ role and provides clarification on the Council process.
Who is on the Council, how do they get placed there, and who do they represent?
As outlined in Section 302 of the Magnuson-Stevens Act, there are 15 Council members in total: 11 voting members and 4 non-voting members. NOAA Fisheries has one voting seat on the Council.
The state fish and wildlife departments for Oregon, Washington, and Alaska each have one voting seat filled by their director or designated appointee.
The remaining voting seats are filled by individuals who are familiar with the fishing industry, marine conservation, or both. The Governor of Alaska nominates multiple candidates when any of Alaska’s five voting seats become open and has historically spread nominations among multiple sectors. Similarly, the Governor of Washington nominates multiple candidates when any of its two voting seats become open.
The Secretary of Commerce then reviews the list of individuals submitted by the Governors. They are responsible for appointing members who meet the statutory qualifications for appointment to the Council.
In recent years, the non-governmental voting seats have been filled by representatives from:
- Sport/charter sector
- Community Development Quota Program
- Trawl sector
- Processors
- Fixed gear sector (e.g., hook-and-line & pot gear)
No single sector has a majority of Council seats.
How does NOAA Fisheries work with the Council?
The Council is required to make its recommendations based on the best available scientific information. NOAA Fisheries, along with other research institutions, conducts scientific research, monitors fisheries, and provides information to support the Council’s process for recommending fishery management policies in the North Pacific. NOAA Fisheries staff contribute to the development of analyses. They provide input to the Council to make sure that applicable federal laws and implementation considerations are represented in the Council’s recommendations. We are responsible for approving, disapproving, or partially approving all Council recommendations and then implementing approved recommendations.
How does the Council make decisions?
The Council makes decisions at its four regularly scheduled public meetings each year. The Council adds topics to its agenda through three channels:
- Regularly recurring items such as recommending annual catch limits
- Issues identified through the course of the Council’s business
- Requests from the public
For all topics except recurring items, the Council votes on whether to add the topic to its agenda for further discussion.
Discussion
Depending on the nature of the topic, the Council will choose where to start its consideration of the issue. The Council may task Council staff to develop a discussion paper that outlines the core elements of an issue or problem and highlight considerations the Council could consider in choosing next steps. Or, the Council may request the topic be taken up by one of its advisory committees with the relevant expertise to provide recommendations to the Council on next steps.
Analysis
When the Council decides that an issue is ripe for a possible amendment to a fishery management plan and/or Federal regulations, it usually tasks Council staff with analyzing a range of alternatives that are designed to resolve the identified problem. Council staff work with NOAA Fisheries staff to develop the analyses, with NOAA Fisheries providing key input on management and enforcement considerations. The analyses are made available to the Council and public for review prior to the Council meeting where the topic is scheduled. At the Council meeting, Council and NOAA Fisheries staff present the analyses to the Council and its scientific and stakeholder advisory bodies.
Deliberation and Final Action
After receiving staff presentations on the analysis, the Council receives reports from its scientific and stakeholder advisory bodies followed by public testimony. Following these steps, a Council member will offer a motion for a decision. The motion will be open to discussion and debate among Council members. The Council then votes on the motion. If the Council votes to proceed, it may task staff with refining and supplementing the analysis by requesting specific changes or refining the suite of alternatives being analyzed. The number of meetings that the Council considers a particular fishery management plan amendment or regulatory amendment and the number of decisions made by the Council for each action varies depending upon the complexity of the issue.
When the Council decides the analytical and public process is complete, it will take final action to recommend:
- Fishery management plan amendment
- Regulatory changes
- No changes
All recommendations from the Council are guided by ten National Standards in the Magnuson-Stevens Act.
What happens once the Council takes final action to recommend amendments and/or regulatory changes to NOAA Fisheries?
Once the Council determines that the analytical and public processes are sufficiently complete, it will take final action. This action will be a Council recommendation that NOAA Fisheries amend a fishery management plan and/or implement federal regulations. The Council will then transmit its recommendations to NOAA Fisheries, acting under delegated authority from the Secretary of Commerce. NOAA Fisheries reviews the Council’s recommendations, including for consistency with the Magnuson-Stevens Act, the National Standards, and other applicable law. We then publish a notice of availability of a fishery management plan amendment and/or a proposed rule for implementing regulations and accept public comment on the proposed changes. We consider the Council recommendation in light of public comment. We will disapprove any Council recommendation that is inconsistent with the law. If approved, we implement the action and enforce the regulations.
How are conflicts of interest managed?
Conflicts of interest are addressed through requirements set by the Magnuson-Stevens Act and through specific rules for Council members and employees (PDF, 38 pages).
Council members nominated by the governors and appointed by the Secretary of Commerce are required to provide a Financial Disclosure Statement. Under the Magnuson-Stevens Act, these Council members are prohibited from voting on a “Council decision” that would have a “significant and predictable effect” on their financial interest in the fishery subject to the decision.
For each topic scheduled for Council action, the NOAA Office of General Counsel determines whether the topic is a “Council decision,” as that term is defined in regulation. If so, General Counsel determines whether that “Council decision” would have a “significant and predictable effect” on a financial interest disclosed in the Council member’s Financial Disclosure Statement.
NOAA Office of General Counsel prepares a memorandum prior to each Council meeting that indicates whether recusal is required consistent with the Magnuson-Stevens Act and regulations . The memorandum is made available for public review along with the other materials for the meeting. In addition, a Council member who believes that a Council decision would have a significant and predictable effect on a disclosed financial interest may voluntarily recuse him or herself from voting.
Council members receive training on federal ethics laws, disclosure requirements, and recusal obligations to help them identify potential conflicts of interest and adhere to Council standards.
Council members are also subject to federal criminal statutes forbidding bribery and conflict-of-interest.
How can I participate in the Council process?
There are many ways for the public to get involved with the Council process. Learn more about how to participate.
More Information:
https://www.npfmc.org/how-we-work/navigating-the-council-process/