fishery councils were confusing, which created inefficiencies and generated conflicts without providing a satisfactory mechanism for resolving them. The system also lacked independent checks and balances.

The proposed National Marine Council could perform many of the functions recommended in that report. It could function as an independent oversight body that could advise the Secretary of Commerce, the fishery management councils, and Congress and provide an independent mechanism for reviewing strategic planning for fisheries, reviewing controversial management decisions, resolving interagency conflicts, and coordinating federal policies that affect fisheries investment and infrastructure. The National Marine Council could review and report to Congress on performance and problems in U.S. marine fisheries, make recommendations on certain scientific and technical issues, define management goals and strategies, and highlight emerging jurisdictional problems and environmental and conservation concerns.

The role of the proposed regional marine councils is also suggested in the recommendations of the NRC report (NRC, 1994a). At the request of the Secretary of Commerce, a regional fishery council, the National Marine Council, or an ad hoc regional council could be convened to provide a forum for conflict resolution. The council would render a nonbinding decision to resolve the conflict.

The regional marine councils could benefit the existing fisheries management system. A regional council could be a vehicle for bringing various perspectives and interests into one arena. If necessary measures (such as protecting an important habitat) can only be taken through other programs (such as CZM or the Clean Water Act), the regional council could also bring these parties into the common setting. Even without regional councils, the existing system could be improved by the judicious use of contracting (see Chapter 6) to encourage self-governance by fishermen and their communities. Broadening the membership of fisheries management councils to include more stakeholders and create a less polarized environment would also be beneficial.