[Federal Register Volume 64, Number 19 (Friday, January 29, 1999)]
[Rules and Regulations]
[Pages 4599-4602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2188]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 600
[Docket No. 970527125-8310-04; I.D. 122297D]
RIN 0648-AJ95
Appointment of Members to the Regional Fishery Management
Councils
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS revises guidelines for requirements and procedures for
the appointment of members to the Regional Fishery Management (RFMCs).
The guidelines are revised to clarify compliance requirements, improve
their readability, and emphasize the
March 15 deadline for information from the RFMC governors,
appropriate chairpersons of tribal Indian governments and RFMC
nominees. On January 30, 1998, NMFS published in the Federal Register a
proposed rule requesting comments on revisions to regulations affecting
the nomination and appointment of RFMC members. Comments on the revised
guidelines contained in the proposed rule were requested by March 2,
1998. This rule implements the regulations contained in the proposed
rule.
DATES: Effective January 29, 1999.
ADDRESSES: Comments regarding the collection-of-information contained
in this final rule should be sent to the Director, Office of
Sustainable Fisheries, 1315 East-West Highway, Silver Spring, Maryland
20910, and to the Office of Management and Budget (OMB), Washington, DC
20503 (Attention: NOAA Desk Officer).
FOR FURTHER INFORMATION CONTACT: Loretta E. Williams, F/SF5, NMFS, 301-
713-2337.
SUPPLEMENTARY INFORMATION: Additional background for this final rule
may be found in the preamble to the proposed rule published at 63 FR
4618 (January 30, 1998), and in regulations contained at 50 CFR part
600.215. The primary purposes of this
[[Page 4600]]
final rule are (1) to clarify guidelines that relate to compliance by
RFMC state governors, appropriate Pacific Fishery Management Council
(PFMC) tribal Indian Governments, and RFMC nominees, (2) to emphasize
the requirement for the submission of complete nominations packages by
the required March 15 deadline, and (3) to reorganize and improve
readability of procedures affecting the RFMC nomination and appointment
process. This rule does not contains substantive changes to the
existing guidelines.
Comments and Responses
Comment 1: Comments were received from one commenter.
The commenter suggests that, in cases where the terms of both an
obligatory member and an at-large member expire concurrently,
Sec. 600.215(b)(5) of the proposed rule should be amended to reduce the
total minimum number of obligatory and at-large nominees submitted by a
governor from six to four.
Response: NMFS finds that existing language in Sec. 600.215 (b)(5)
meets the intent of this comment. However, NMFS has reinserted the
following text to the end of paragraph (b)(5) that had been
inadvertently omitted: ``provided that the resulting total number of
nominees submitted by that governor for the expiring at-large seat is
no fewer than three different nominees.''
Comment 2. The commenter stated that, because some constituent
states of the RFMCs are heavily involved in the press of state
legislative matters during the first quarter of the calendar year, more
lead time should be allowed for the recruitment of nominees,
preparation of nomination kits, and review of nominations by the
governors' offices. The commenter requested that nomination kits be
delivered to the governors no later than October 1 of the year
preceding the March 15 deadline. Response: No change was made. NMFS
believes it is unnecessary to establish by regulation a date for the
distribution of forms and requests for information contained in the
nomination packages. In addition, the expiration of members' terms and
pending vacancies at the end of the RFMC year are well known;
therefore, governors and chairpersons of tribal Indian Governments are
encouraged to begin working with potential nominees as early as
possible prior to the term expiration or vacancy. NMFS will endeavor to
work with the states throughout the year to facilitate the appointment
process.
Changes From the Proposed Rule
Section 600.215 (b)(5) has been revised to include existing
language which was inadvertently omitted in the proposed rule and which
clarifies requirements when the terms of obligatory and
at-large members from a state expire concurrently.
Classification
Because this is a non-substantive rule of agency procedure, it is
not subject to the 30-day delay in effective date requirement of 5
U.S.C. 553(d).
This final rule has been determined to be not significant for
purposes of E.O. 12866.
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration that this rule will not have a
significant economic impact on a substantial number of small entities.
Because the rule is a non-substantive rule of procedure, it will not
have an economic impact on the fishing industry or on small entities
operating in the fishery.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to penalty for
failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection-of-information displays
a currently valid Office of Management and Budget (OMB) control number.
This rule contains a collection-of-information requirement, subject
to the Paperwork Reduction Act (PRA). The total public reporting burden
for nominations submitted by RFMC governors, PFMC tribal Indian
governments, and nominees is estimated to be 120 hours, including the
time for reviewing instructions, searching existing data sources,
gathering and maintaining data needed and completing and reviewing the
collection of information.
The collection of this information has been approved by the OMB
under control number 0648-0314. Send comments on these or any other
aspects of the collection of information to the Office of Sustainable
Fisheries and to OMB (see ADDRESSES).
List of Subjects in 50 CFR Part 600
Administrative practice and procedure, Fisheries, Fishing, Fishing
vessels, Intergovernmental relations, Penalties, Reporting and
recordkeeping requirements, Statistics.
Dated: January 25, 1999.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries
Services.
For the reasons set forth in the preamble, 50 CFR part 600 is
amended as follows:
PART 600-MAGNUSON-STEVENS ACT PROVISIONS
1. The authority citation for part 600 continues to read as
follows:
Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 et. seq.
2. Section 600.215 is revised to read as follows:
Sec. 600.215 Council nomination and appointment procedures.
(a) General. (1) Each year, the 3-year terms for approximately one-
third of the appointed members of the Councils expire. The Secretary of
Commerce (Secretary) will appoint or new members or will reappoint
seated members to another term to fill the seats being vacated.
(2) There are two categories of seats to which voting members are
appointed: ``Obligatory'' and ``At-large.''
(i) Obligatory seats are state specific. Each constituent state is
entitled to one seat on the Council on which it is a member, except
that the State of Alaska is entitled to five seats and the State of
Washington is entitled to two seats on the North Pacific Fishery
Management Council. When the term of a state's obligatory member is
expiring or when that seat becomes vacant before the expiration of its
term, the governor of that state must submit the names of at least
three qualified individuals to fill that Council seat.
(ii) The Magnuson-Stevens Act also provides for appointment, by the
Secretary, of one treaty Indian tribal representative to the Pacific
Fishery Management Council (Pacific Council). To fill that seat, the
Secretary solicits written nominations from the heads of governments of
those Indian Tribes with federally recognized fishing rights from the
States of California, Oregon, Washington, or Idaho. The list of
nominees must contain a total of at least three individuals who are
knowledgeable and experienced regarding the fishery resources under the
authority of the Pacific Council. The Secretary will appoint one tribal
Indian representative from this list to the Pacific Council for a term
of 3 years and rotate the appointment among the tribes.
(iii) At-large seats are regional. When the term of an at-large
member is expiring or when that seat becomes vacant before the
expiration of a term,
[[Page 4601]]
the governors of all constituent states of that Council must each
submit the names of at least three qualified individuals to fill the
seat.
(b) Responsibilities of State Governors. (1) Council members are
selected by the Secretary from lists of nominees submitted by Governors
of the constituent states, pursuant to section 302(b)(2)(C) of the
Magnuson-Stevens Act. For each applicable vacancy, a Governor must
submit the names of at least three nominees who meet the qualification
requirements of the Magnuson-Stevens Act. A Governor must provide a
statement explaining how each of his/her nominees meet the
qualification requirements, and must also provide appropriate
documentation to the Secretary that each nomination was made in
consultation with commercial and recreational fishing interests of that
state and that each nominee is knowledgeable and experienced by reason
of his or her occupational or other experience, scientific expertise,
or training in one or more of the following ways related to the fishery
resources of the geographical area of concern to the Council:
(i) Commercial fishing or the processing or marketing of fish, fish
products, or fishing equipment;
(ii) Fishing for pleasure, relaxation, or consumption, or
experience in any business supporting fishing;
(iii) Leadership in a state, regional, or national organization
whose members participate in a fishery in the Council's area of
authority;
(iv) The management and conservation of natural resources,
including related interactions with industry, government bodies,
academic institutions, and public agencies. This includes experience
serving as a member of a Council, Advisory Panel,
Scientific and Statistical Committee, or Fishing Industry Advisory
Committee;
(v) Representing consumers of fish or fish products through
participation in local, state, or national organizations, or performing
other activities specifically related to the education or protection of
consumers of marine resources; or
(vi) Teaching, journalism, writing, consulting, practicing law, or
researching matters related to fisheries, fishery management, and
marine resource conservation.
(2) To assist in identifying qualifications, each nominee must
furnish to the appropriate governor's office a current resume, or
equivalent, describing career history--with particular attention to
experience related to the criteria in paragraph (b)(1) of this section.
Nominees may provide such information in any format they wish.
(3) A constituent State Governor must determine the state of
residency of each of his/her nominees. A Governor may not nominate a
non-resident of that state for appointment to a Council seat obligated
to that state. A Governor may nominate residents of another constituent
state of a Council for appointment to an at large seat on that Council.
(4) If, at any time during a term, a member changes residency to
another state that is not a constituent state of that Council, or a
member appointed to an obligatory seat changes residency to any other
state, the member may no longer vote and must resign from the Council.
For purposes of this paragraph, a state resident is an individual who
maintains his/her principal residence within that constituent state and
who, if applicable, pays income taxes to that state and/or to another
appropriate jurisdiction within that state.
(5) When the terms of both an obligatory member and an at-large
member expire concurrently, the Governor of the state holding the
expiring obligatory seat may indicate that the nominees who were not
selected for appointment to the obligatory seat may be considered for
appointment to an at-large seat, provided that the resulting total
number of nominees submitted by that governor for the expiring at-large
seat is no fewer than three different nominees. When obligatory and at-
large seats do not expire concurrently, the Secretary may select from
any of the nominees for such obligatory seat and from the nominees for
any at-large seat submitted by the Governor of that state, provided
that the resulting total number of nominees submitted by that Governor
for the expiring seats is no fewer than six. If a total of fewer than
six nominees is submitted by the Governor, each of the six will be
considered for the expiring obligatory seat, but not for the expiring
at-large seat.
(c) Responsibilities of eligible tribal Indian governments. The
tribal Indian representative on the Pacific Council will be selected by
the Secretary from a list of no fewer than three individuals submitted
by the tribal Indian governments with federally recognized fishing
rights from California, Oregon, Washington, and Idaho, pursuant to
section 302(b)(5) of the Magnuson-Stevens Act. To assist in assessing
the qualifications of each nominee, each head of an appropriate tribal
Indian government must furnish to the Assistant Administrator a current
resume, or equivalent, describing the nominee's qualifications, with
emphasis on knowledge and experience related to the fishery resources
affected by recommendations of the Pacific Council. Prior service on
the Pacific Council in a different capacity will not disqualify
nominees proposed by tribal Indian governments.
(d) Nomination deadlines. Nomination letters and completed kits
must be forwarded by express mail under a single mailing to the address
specified by the Assistant Administrator by March 15. For appointments
outside the normal cycle, a different deadline for receipt of
nominations will be announced.
(1) Obligatory seats. (i) The governor of the state for which the
term of an obligatory seat is expiring must submit the names of at
least three qualified individuals to fill that seat by the March 15
deadline. The Secretary will appoint to the Pacific Council a
representative of an Indian tribe from a list of no fewer than three
individuals submitted by the tribal Indian governments.
(ii) If the nominator fails to provide a nomination letter and at
least three complete nomination kits by March 15, the obligatory seat
will remain vacant until all required information has been received and
processed and the Secretary has made the appointment.
(2) At-large seats. (i) If a Governor chooses to submit nominations
for an at-large seat, he/she must submit lists that contain at least
three different qualified nominees for each vacant seat. A nomination
letter and at least three complete nomination kits must be forwarded by
express mail under a single mailing to the address specified by the
Assistant Administrator by March 15.
(ii) Nomination packages that are incomplete after March 15 will be
returned to the nominating Governor and will be processed no further.
At-large members will be appointed from among the nominations submitted
by the governors who complied with the nomination requirements and the
March 15 deadline.
(e) Responsibilities of the Secretary. (1) The Secretary must, to
the extent practicable, ensure a fair and balanced apportionment, on a
rotating or other basis, of the active participants (or their
representatives) in the commercial and recreational fisheries in the
Council's area of authority. Further, the Secretary must take action to
ensure, to the extent practicable, that those persons dependent for
their livelihood upon the fisheries in the Council's area of authority
are fairly represented as voting members on the Councils.
[[Page 4602]]
(2) The Secretary will review each list submitted by a governor or
the tribal Indian governments to ascertain whether the individuals on
the list are qualified for the vacancy. If the Secretary determines
that a nominee is not qualified, the Secretary will notify the
appropriate Governor or tribal Indian government of that determination.
The Governor or tribal Indian government shall then submit a revised
list of nominees or resubmit the original list with an additional
explanation of the qualifications of the nominee in question. The
Secretary reserves the right to determine whether nominees are
qualified.
(3) The Secretary will select the appointees from lists of
qualified nominees provided by the Governors of the constituent Council
states or of the tribal Indian governments that are eligible to
nominate candidates for that vacancy.
(i) For Governor-nominated seats, the Secretary will select an
appointee for an obligatory seat from the list of qualified nominees
submitted by the governor of the state. In filling expiring at-large
seats, the Secretary will select an appointee(s) for an at-large
seat(s) from the list of all qualified candidates submitted. The
Secretary will consider only complete slates of nominees submitted by
the governors of the Council's constituent states. When an appointed
member vacates his/her seat prior to the expiration of his/her term,
the Secretary will fill the vacancy for the remainder of the term by
selecting from complete nomination letters and kits that are timely and
contain the required number of candidates.
(ii) For the tribal Indian seat, the Secretary will solicit
nominations of individuals for the list referred to in paragraph (c) of
this section only from those Indian tribes with federally recognized
fishing rights from California, Oregon, Washington, or Idaho. The
Secretary will consult with the Bureau of Indian Affairs, Department of
the Interior, to determine which Indian tribes may submit nominations.
Any vacancy occurring prior to the expiration of any term shall be
filled in the same manner as described in paragraphs (d)(1) and (2) of
this section, except that the Secretary may use the list referred to in
paragraph (b)(1) of this section from which the vacating member was
chosen. The Secretary shall rotate the appointment among the tribes,
taking into consideration:
(A) The qualifications of the individuals on the list referred to
in paragraph (c) of this section.
(B) The various rights of the Indian tribes involved, and judicial
cases that set out the manner in which these rights are to be
exercised.
(C) The geographic area in which the tribe of the representative is
located.
(D) The limitation that no tribal Indian representative shall serve
more than three consecutive terms in the Indian tribal seat.
[FR Doc. 99-2188 Filed 1-28-99; 8:45 am]
BILLING CODE 3510-22-F
