February 2, 2023 — At the behest of Alaska’s Sen. Ted Stevens and Congressman Don Young, in 1976 Congress enacted the Magnuson-Stevens Fishery Conservation and Management Act, which authorizes the U.S. secretary of commerce to regulate commercial fishing in the Bering Sea and Gulf of Alaska seaward of Alaska coastal waters.
The Act established an 11-member North Pacific Fishery Management Council. While the Council purportedly is “advisory,” with only the rare exception, the secretary — in the guise of the National Oceanic and Atmospheric Administration — rubber-stamps whatever the Council recommends.
And there is the rub.
The Alaska Commissioner of Fish and Game has a permanent seat on the council. The secretary appoints five of the 10 other members from a list of three names for each seat that the governor of Alaska submits to the secretary. That enables the six Alaska members to control Council decision-making if they vote together.
The Council’s principal task is to decide how commercial fishing for pollock and other groundfish is conducted. Since catcher and catcher-processor vessels participating in the groundfish fishery earned $811 million in 2020, even minor regulatory restrictions can have significant adverse financial consequences for the companies, most headquartered in Seattle, that own the vessels.