[Federal Register Volume 61, Number 22 (Thursday, February 1, 1996)]
[Proposed Rules]
[Pages 3666-3667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1944]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 285
[I.D. 112995B]
Negotiated Rulemaking Advisory Committee on Tuna Management in
the Mid-Atlantic
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of intent; request for comments.
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SUMMARY: Commerce is considering establishing a new advisory committee
under the Federal Advisory Committee Act (FACA). The committee's
purpose would be to negotiate issues leading to a proposed rulemaking
that will resolve the gear conflict between recreational and commercial
fishermen competing for tuna off the Mid-Atlantic coast. The committee
would consist of representatives of parties with a definable stake in
the outcome of the proposed rule.
DATES: Comments must be submitted on or before March 4, 1996.
ADDRESSES: Comments should be submitted to the Highly Migratory Species
Division, NMFS, 1315 East-West Highway, Silver Spring, MD 20910.
FOR FURTHER INFORMATION CONTACT: Mark Murray-Brown, 301-713-2347.
I. Introduction
In accordance with the Presidential directive of March 4, 1995, the
report of the National Performance Review, entitled ``Creating a
Government that Works Better and Costs Less'', and Executive Order
12866 to utilize Negotiated Rulemaking (NRM), the Secretary of Commerce
(Secretary) pledged to utilize the technique of NRM, where appropriate.
In March 1995, NOAA suggested, and Commerce accepted, the National
Fishing Association's petition as the basis for such a procedure.
The project's stated purpose is to resolve the gear conflict
between the recreational and commercial fishermen competing for access
to tuna fishery areas off the Mid-Atlantic coast. The project will
bring together a balanced mix of parties and interests to negotiate at
the pre-proposal stage. The goal of the negotiation is to reach
consensus on proposals and/or language that will be the basis of the
rule. Negotiations will be conducted through an advisory committee
chartered under FACA. All procedural requirements of the Administrative
Procedure Act and other applicable statutes continue to apply.
A senior official selected by NMFS will act as the designated
Federal officer on behalf of NMFS. Individuals representing definable
interests in the fishing industry, environmental community, academia,
governmental and quasi-governmental entities will negotiate on behalf
of their constituencies. A neutral mediator will keep the process
moving smoothly and assist in resolving disputes.
NMFS is optimistic that this process can produce better
regulations, use all parties' time and resources more wisely, and
reduce litigation and uncertainty.
II. Procedures and Guidelines
A. Procedures for Establishing an Advisory Committee
NMFS has prepared a charter and has initiated the requisite
consultation process. Only upon the successful completion of this
process and the receipt of the approved charter will Commerce form the
committee and commence negotiations.
B. Participants
The negotiating group should not exceed 21 participants.
Participants must be willing to negotiate in good faith and be
authorized to do so. One purpose of this notice is to help determine
whether the rule that NMFS is developing would substantially affect
interests not adequately represented by the proposed participants
(listed later in this notice). NMFS does not believe that each
potentially affected organization or individual must necessarily have
its own representative, but each interest must be adequately
represented. The intent is to have a group that as a whole reflects a
proper balance and mix of interests.
The National Marine Fisheries Service will provide the necessary
administrative support, including technical assistance, for the
proposed committee.
C. Requests for Representation
If, in response to this notice, an additional individual or
representative of an interest requests membership or representation in
the negotiating group, NMFS, in consultation with the facilitator, will
determine whether that individual or representative should be added to
the group. The Secretary will make the final decision based on whether
the individual or interest would be substantially affected by the rule
or whether the individual is already adequately represented in the
negotiating group.
D. Tentative Schedule
NMFS plans to hold the first meeting of the advisory committee in
March 1996, with three additional meetings to follow, scheduled at 2-
week intervals or until consensus is reached on a proposed rule,
whichever occurs first. Another committee meeting may be necessary
after publication of the proposed rule if the comments received reflect
that substantial controversy
[[Page 3667]]
exists regarding the proposed rule. In the event that the committee is
unable to reach consensus, NMFS will proceed to develop its own
proposal with the insight gained through the negotiation process.
E. Potential Interests and Participants
NMFS has tentatively identified the following list of possible
interests and parties:
4Recreational Fishery Interests
American Sportfishing Association
Billfish Foundation
Coastal Conservation Association
Confederation of Associations of Atlantic Charterboat Captains
Delaware Captain's Association
Jersey Coast Anglers' Association
Maryland Saltwater Sportfishermen's Association, Inc.
Mystic Marlin and Tuna Club
National Coalition for Marine Conservation
National Fishing Association
New York Sportfishing Federation
Ocean City Marlin & Tuna Club
Oregon Inlet Fishing Center
Rhode Island Marine Trade Association
Thousand Fathom Club of South Jersey
United Boatmen of New York and New Jersey
Commercial Fishery Interests
Blue Water Fishermen's Association
East Coast Fisheries Federation
East Coast Tuna Association
General Category Tuna Association
National Fishing Institute
Purse Seiner Owners and Operators
Shore-side Industry Interests
A&J
American Sportfishing Association
Associated Fisheries of Maine
Etheridge
Great Circle
National Marine Manufacturers' Association
Reel Seat Tackle
Seafarers International Union
Other dealers, processors, harvesters
Representatives with Special Experience in Fishery Issues
Economist
Fishery Biologist
Gear and Technical Specialist
Social Scientist
Representatives of the Environmental Community
Center for Marine Conservation
National Audubon Society
Ocean Wildlife Campaign
World Wildlife Fund
Representatives of Government or Quasi-government
Atlantic States Marine Fisheries Commission
Caribbean Fishery Management Council
Commerce's Marine Fisheries Advisory Committee
Mid-Atlantic Fishery Management Council
New England Fishery Management Council
South Atlantic Fishery Management Council
U.S. International Commission for the Conservation of Atlantic
Tunas Advisory Committee
Comments and suggestions on this tentative pool of representatives
are invited. The listing of a potential group does not necessarily mean
that the group has been chosen or has agreed to participate. NMFS will
use this pool to develop a list of participants for the Advisory
Committee. Those who feel that their interests are not adequately
represented by the forementioned list may apply to be included or
nominate another organization or individual to represent their
interests. The application should include:
1. The name of the applicant or nominee and a description of the
interest such person shall represent;
2. Evidence that the applicant or nominee is authorized to
represent parties related to the interest the person proposes to
represent;
3. A written commitment that the applicant or nominee shall
actively participate in good faith in the development of the rule under
consideration; and
4. The reasons that the organizations specified in this notice do
not adequately represent the interests of the person submitting the
application or nomination.
Authority: 16 U.S.C. 971 et seq.
Dated: January 25, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
[FR Doc. 96-1944 Filed 1-31-96; 8:45 am]
BILLING CODE 3510-22-F
