[Federal Register Volume 63, Number 29 (Thursday, February 12, 1998)]
[Rules and Regulations]
[Pages 7072-7075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3601]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 600
[Docket No. 980202026-8026-01; I.D. 011598C]
Magnuson-Stevens Act Provisions; Technical Amendments
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule, technical amendment.
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SUMMARY: NMFS corrects and updates regulations pertaining to general
provisions of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act). This rule corrects references to the
Magnuson-Stevens Act, which was amended by the Sustainable Fisheries
Act (SFA) in 1996; revises a definition to bring it into conformance
with the Magnuson-Stevens Act; and revises terminology to be consistent
with the Magnuson-Stevens Act and to reflect a reorganization of NMFS.
DATES: Effective February 12, 1998.
FOR FURTHER INFORMATION CONTACT: George H. Darcy, NMFS, 301/713-2344.
SUPPLEMENTARY INFORMATION: Part 600 of title 50 CFR contains general
regulations issued under the authority of the Magnuson-Stevens Act. On
October 11, 1996, the President signed into law the SFA, which made
numerous amendments to the Magnuson-Stevens Act. Consequently, certain
references to that statute in part 600 became incorrect; this rule
corrects those references. In addition, the SFA amended the definition
of ``optimum,'' with respect to yield from a fishery, which appears at
section 3(28) in the Magnuson-Stevens Act. To bring part 600 into
conformance with that change, the definition of ``optimum yield'' (OY)
in Sec. 600.10 is revised by this rule.
In 1996, the title of the Magnuson Fishery Conservation and
Management Act was changed to the Magnuson-Stevens Fishery Conservation
and Management Act by Public Law 104-208. Also in 1996, the
headquarters offices of NMFS were reorganized and the NMFS Regional
Directors were retitled ``Regional Administrators.'' This rule revises
part 600 accordingly.
Classification
Because this rule only corrects and updates part 600 for the
purposes of public information, it is strictly administrative in
nature; no useful purpose would be served by providing prior notice and
opportunity for comment on this rule. Accordingly, under 5 U.S.C.
553(b)(B), it is unnecessary to provide such notice and opportunity for
comment. Also, because this rule is only administrative in nature and
imposes no new requirements or restrictions on the public, the
Assistant Administrator for Fisheries, NOAA, under 5 U.S.C. 553(d)(3),
finds it unnecessary to delay its effective date for 30 days.
This rule is exempt from review under E.O. 12866.
List of Subjects in 50 CFR Part 600
Administrative practice and procedure, Confidential business
information, Fisheries, Fishing, Fishing vessels, Foreign relations,
Intergovernmental relations, Penalties, Reporting and recordkeeping
requirements, Statistics.
Dated: February 5, 1998.
David L. Evans,
Deputy Assistant, Administrator for Fisheries.
For the reasons set out in the preamble, 50 CFR part 600 is amended
as follows:
PART 600--MAGNUSON 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.
[[Page 7073]]
2. The part heading is revised to read as follows:
PART 600--MAGNUSON-STEVENS ACT PROVISIONS
3. In Sec. 600.10, the definitions of ``Magnuson Act'' and
``Regional Director (RD)'' are removed, definitions for ``Magnuson-
Stevens Act'' and ``Regional Administrator'' are added in alphabetical
order, and definitions of ``Continental shelf fishery resources'',
``Director'', and ``Optimum yield (OY)'' are revised to read as
follows:
Sec. 600.10 Definitions.
* * * * *
Continental shelf fishery resources means the species listed under
section 3(7) of the Magnuson-Stevens Act.
* * * * *
Director means the Director of the Office of Sustainable Fisheries,
1315 East-West Highway, Silver Spring, MD 20910.
* * * * *
Magnuson-Stevens Act means the Magnuson-Stevens Fishery
Conservation and Management Act, as amended (16 U.S.C. 1801 et seq.),
formerly known as the Magnuson Act.
* * * * *
Optimum yield (OY) means the amount of fish that:
(1) Will provide the greatest overall benefit to the Nation,
particularly with respect to food production and recreational
opportunities, and taking into account the protection of marine
ecosystems;
(2) Is prescribed as such on the basis of the maximum sustainable
yield from the fishery, as reduced by any relevant economic, social, or
ecological factor; and
(3) In the case of an overfished fishery, provides for rebuilding
to a level consistent with producing the maximum sustainable yield in
such fishery.
* * * * *
Regional Administrator means the Administrator of one of the five
NMFS Regions described in Table 1 of Sec. 600.502, or a designee.
Formerly known as Regional Director.
* * * * *
4. In Sec. 600.15, paragraph (b)(7) is removed and paragraphs
(b)(8) through (b)(13) are redesignated as paragraphs (b)(7) through
(b)(12), respectively.
5. In Sec. 600.210, the first sentence of paragraph (a) is revised
to read as follows:
Sec. 600.210 Terms of Council members.
(a) Voting members (other than principal state officials, the
Regional Administrators, or their designees) are appointed for a term
of 3 years and, except as discussed in paragraphs (b) and (c) of this
section, may be reappointed. * * *
* * * * *
6. In Sec. 600.215, the third sentence in paragraph (a)(4) is
revised to read as follows:
Sec. 600.215 Appointments.
(a) * * *
(4) * * * Career and educational history information sent to the
Governors should also be sent to the NMFS Office of Sustainable
Fisheries.
* * * * *
7. In Sec. 600.230, the first sentence is revised to read as
follows:
Sec. 600.230 Removal.
The Secretary may remove for cause any Secretarially appointed
member of a Council in accordance with section 302(b)(6) of the
Magnuson-Stevens Act, wherein the Council concerned first recommends
removal of that member by not less than two-thirds of the voting
members. * * *
8. In Sec. 600.235, the first sentence in paragraph (c) is revised
to read as follows:
Sec. 600.235 Financial disclosure.
* * * * *
(c) By February 1 of each year, Councils must forward copies of the
completed disclosure from each current Council member and Executive
Director to the Director, Office of Sustainable Fisheries, NMFS. * * *
* * * * *
9. In Sec. 600.310, the first sentence of paragraph (b), and the
first sentence of paragraph (f)(3) introductory text are revised to
read as follows:
Sec. 600.310 National Standard 1--Optimum Yield.
* * * * *
(b) * * * The determination of OY is a decisional mechanism for
resolving the Magnuson-Stevens Act's multiple purposes and policies,
for implementing an FMP's objectives, and for balancing the various
interests that comprise the national welfare. * * *
* * * * *
(f) * * *
(3) * * * The Magnuson-Stevens Act's definition of OY identifies
three categories of factors to be used in modifying MSY to arrive at
OY: Economic, social, and ecological (section 3(21)(b) of the Magnuson-
Stevens Act). * * *
* * * * *
10. In Sec. 600.330, the third sentence in paragraph (c)(2) is
revised to read as follows:
Sec. 600.330 National Standard 5--Efficiency.
* * * * *
(c) * * *
(2) * * * In addition, it should consider the criteria for
qualifying for a permit, the nature of the interest created, whether to
make the permit transferable, and the Magnuson-Stevens Act's limitation
on returning economic rent to the public under section 304(d)(1). * * *
11. In Sec. 600.502, the last sentence in paragraph (f)(1),
paragraph (g), and Tables 1 and 2 to the section are revised to read as
follows:
Sec. 600.502 Vessel reports.
* * * * *
(f) * * *
(1) * * * The appropriate Regional Administrator or Science and
Research Director may accept or reject any correction and initiate any
appropriate civil penalty actions.
* * * * *
(g) Submission instructions for weekly reports. The designated
representative for each FFV must submit weekly reports in the
prescribed format to the appropriate Regional Administrator or Science
and Research Director of NMFS by 1900 GMT on the Wednesday following
the end of the reporting period. However, by agreement with the
appropriate Regional Administrator or Science and Research Director,
the designated representative may submit weekly reports to some other
facility of NMFS.
[[Page 7074]]
Table 1 to Sec. 600.502.--Addresses
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NMFS science and U.S. Coast Guard
NMFS regional administrators research directors commanders
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Administrator, Northeast Director, Notheast Commander, Atlantic
Region, National Marine Fisheries Science Area, U.S. Coast
Fisheries Service, NOAA, Center, National Guard, 431 Crawford
One Blackburn Drive, Marine Fisheries St., Portsmouth, VA
Gloucester, MA 01930-2298. Service, NOAA, 166 23704.
Water St., Woods
Hole, MA 02543-1097.
Administrator, Southeast Director, Southeast Commander, Atlantic
Region, National Marine Fisheries Science Area, U.S. Coast
Fisheries Service, 9721 Center, National Guard, Governor's
Exec. Center Drive N., St. Marine Fisheries Island, New York
Petersburg, FL 33702. Service, NOAA, 75 10004.
Virginia Beach
Drive, Miami, FL
33149-1003.
Administrator, Northwest Director, Northwest Commander, Pacific
Region, National Marine Fisheries Science Area, U.S. Coast
Fisheries Service, NOAA, Center, National Guard, Government
7600 Sand Point Way, NE, Marine Fisheries Island, Alameda, CA
BIN C15700, Bldg. 1, Service, NOAA, 2725 94501.
Seattle, WA 98115. Montlake Blvd.
East, Seattle, WA
98112-2097.
Administrator, Alaska Director, Alaska Commander,
Region, National Marine Fisheries Science Seventeenth Coast
Fisheries Service, NOAA, Center, National Guard District,
P.O. Box 21668, Juneau, AK Marine Fisheries P.O. Box 25517,
99802-1668. Service, NOAA, 7600 Juneau, AK 99802.
Sand Point Way, NE,
BIN C15700, Bldg.
4, Seattle, WA
98115-0070.
Administrator, Southwest Director, Southwest Commander,
Region, National Marine Fisheries Science Fourteenth Coast
Fisheries Service, NOAA, Center, National Guard District, 300
501 West Ocean Blvd., Suite Marine Fisheries Ala Moana Blvd.,
4200, Long Beach, CA 90802- Service, NOAA, P.O. Honolulu, HI 96850.
4213. Box 271, La Jolla,
CA 92038-0271.
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Table 2 to Sec. 600.502.--Areas of Responsibility of NMFS and U.S.
Coast Guard Offices
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Area of responsibility/ National Marine
fishery Fisheries Service U.S. Coast Guard
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Atlantic Ocean North of Cape Director, Northeast Commander, Atlantic
Hatteras. Science Center, Area.
Attn: Observer
Program.
Atlantic Ocean South of Cape Director, Northeast Commander, Atlantic
Hatteras. Science Center, Area.
Attn: Observer
Program.
Atlantic Tunas, Swordfish, Director, Office of Commander, Atlantic
Billfish and Sharks. Sustainable Area.
Fisheries.
Gulf of Mexico and Caribbean Administrator, Commander, Atlantic
Sea. Southeast Region. Area.
Pacific Ocean off the States Administrator, Commander, Pacific
of California, Oregon, and Northwest Region. Area.
Washington.
North Pacific Ocean and Administrator, Commander,
Bering Sea off Alaska. Alaska Region. Seventeenth Coast
Guard District.
Pacific Ocean off Hawaii and Administrator, Commander,
Other U.S. Insular Southwest Region. Fourteenth Coast
Possessions in the Central Guard District.
and Western Pacific.
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* * * * *
12. In Sec. 600.506, paragraphs (a), (b)(1), (b)(2), and (c)(2);
the first sentence of paragraph (f); paragraph (g)(2); the fifth
sentence of paragraph (h)(1); the last sentence in paragraph
(h)(2)(iii); the last sentence in paragraph (h)(3)(ii); paragraph
(j)(1) introductory text; and the first sentence of paragraph (j)(2)(i)
are revised to read as follows:
Sec. 600.506 Observers.
(a) General. To carry out such scientific, compliance monitoring,
and other functions as may be necessary or appropriate to carry out the
purposes of the Magnuson-Stevens Act, the appropriate Regional
Administrator or Science and Research Director (see table 2 to
Sec. 600.502) may assign U.S. observers to FFV's. Except as provided
for in section 201(i)(2) of the Magnuson-Stevens Act, no FFV may
conduct fishing operations within the EEZ unless a U.S. observer is
aboard.
(b) * * *
(1) The appropriate Regional Administrator or Science and Research
Director must be notified immediately of any substitution of vessels or
any cancellation of plans to fish in the EEZ for FFV's listed in the
effort plan required by this section.
(2) If an arrival date of an FFV will vary more than 5 days from
the date listed in the quarterly schedule, the appropriate Regional
Administrator or Science and Research Director must be notified at
least 10 days in advance of the rescheduled date of arrival. If the
notice required by this paragraph (b)(2) is not given, the FFV may not
engage in fishing until an observer is available and has been placed
aboard the vessel or the requirement has been waived by the appropriate
Regional Administrator or Science and Research Director.
(c) * * *
(2) Cause the FFV to proceed to such places and at such times as
may be designated by the appropriate Regional Administrator or Science
and Research Director for the purpose of embarking and debarking the
observer.
* * * * *
(f) * * * In the event funds are not available from Congressional
appropriations of fees collected to assign an observer to a foreign
fishing vessel, the appropriate Regional Administrator or Science and
Research Director will assign a supplementary observer to that vessel.
* * *
(g) * * *
(2) The duties of supplementary observers and their deployment and
work schedules will be specified by the appropriate Regional
Administrator or Science and Research Director.
* * * * *
(h) * * *
(1) * * * Billings for supplementary observer coverage will be
approved by the appropriate Regional Administrator or Science and
Research Director and then transmitted to the owners and operators of
foreign fishing vessels by
[[Page 7075]]
the appropriate designated representative. * * *
(2) * * *
(iii) * * * For the purposes of these regulations, the appropriate
Regional Administrator or Science and Research Director will designate
posts of duty for supplementary observers.
* * * * *
(3) * * *
(ii) * * * The equipment will be specified by the appropriate
Regional Administrator or Science and Research Director according to
the requirements of the fishery to which the supplementary observer
will be deployed.
* * * * *
(j) * * *
(1) Certification. The appropriate Regional Administrator or
Science and Research Director will certify persons as qualified for the
position of supplementary observer once the following conditions are
met:
* * * * *
(2) * * *
(i) Each certified supplementary observer must satisfactorily
complete a course of training approved by the appropriate Regional
Administrator or Science and Research Director as equivalent to that
received by persons used as observers by NMFS as either Federal
personnel or contract employees. * * *
* * * * *
13. In Sec. 600.615, paragraph (d)(2) is revised to read as
follows:
Sec. 600.615 Commencement of proceedings.
* * * * *
(d) * * *
(2) Emergency actions. Nothing in this section will prevent the
Secretary from taking emergency action under section 305(c) of the
Magnuson-Stevens Act.
14. In Sec. 600.750, the definition of ``report'' is revised to
read as follows:
Sec. 600.750 Definitions.
* * * * *
Report means a document submitted by an FNP in accordance with the
Magnuson-Stevens Act.
Secs. 600.5, 600.10, 600.105, 600.115, 600.205, 600.215, 600.225,
600.235, 600.245, 600.305, 600.310, 600.320, 600.325, 600.330, 600.340,
600.405, 600.415, 600.501, 600.504, 600.505, 600.506, 600.507, 600.515,
600.518, 600.610, 600.725, 600.730, 600.735, 600.740 [Amended]
15. In addition to the amendments set forth above, in 50 CFR part
600 remove the words ``Magnuson Act'' and add, in their place, the
words ``Magnuson-Stevens Act'' in the following places:
(a) Section 600.5(a) and (b) (two occurrences);
(b) Section 600.10, in the definition of ``Advisory group'', in
paragraph (3) of the definition of ``Assistant Administrator'', in the
definition of ``Council'', in the definition of ``Governing
International Fishery Agreement (GIFA)'', in the definition of
``scientific research activity'', in the definition of ``Statement of
Organization, Practices, and Procedures (SOPP)'', in the definition of
``stock assessment'', and in paragraph (3) of the definition of
``substantially (affects)'';
(c) Section 600.105(a), (b), and (c);
(d) Section 600.115(a) and (b);
(e) Section 600.205(a) and (b);
(f) Section 600.215(a)(3);
(g) Section 600.225(b)(2);
(h) Section 600.235(a);
(i) Section 600.245(a);
(j) Section 600.305(a)(2) (two occurrences), (a)(3), (c)(1), and
(c)(3);
(k) Section 600.310(c)(7)(i), (c)(7)(iii), (f)(1), (f)(2)
introductory text, (f)(5), and (h) introductory text;
(l) Section 600.320(c);
(m) Section 600.325(c)(3)(ii);
(n) Section 600.330(c) introductory text, (c)(1), and (c)(2) (two
occurrences);
(o) Section 600.340(b)(1) and (b)(2)(iii);
(p) Section 600.405;
(q) Section 600.415(c)(2);
(r) Section 600.501(a)(1), (b) (two occurrences), (e)(1)(i),
(e)(1)(v), and (i) (three occurrences);
(s) Section 600.504(a)(1);
(t) Section 600.505(a)(1), (a)(2), (a)(4), (a)(5), (a)(6), (a)(28),
and (b)(1);
(u) Section 600.506(h)(3) introductory text;
(v) Section 600.507(a)(4);
(w) Section 600.515;
(x) Section 600.518(e)(1)(iv);
(y) Section 600.610(a)(1);
(z) Section 600.725(a) (two occurrences), (b), (d), (f), (g), (h),
(j), (k), and (p) (two occurrences);
(aa) Section 600.730(a);
(bb) Section 600.735 (three occurrences); and
(cc) Section 600.740(a) introductory text; (a)(4), (b), and (c)
(four occurrences).
Secs. 600.10, 600.205, 600.235, 600.504, 600.505, 600.506, 600.507,
600.511, 600.512, 600.516, 600.518, 600.520, 600.745 [Amended]
16. In addition to the amendments set forth above, in 50 CFR part
600 remove the words ``Regional Director'' and add, in their place, the
words ``Regional Administrator'' in the following places:
(a) Section 600.10, in the definition of ``exempted educational
activity'';
(b) Section 600.205(a);
(c) Section 600.235(a);
(d) Section 600.504(b)(5);
(e) Section 600.505(a)(8);
(f) Section 600.506(b) introductory text;
(g) Section 600.507(i) (two occurrences);
(h) Section 600.511(c)(1) (two occurrences);
(i) Section 600.512(a) (five occurrences);
(j) Section 600.516(c);
(k) Section 600.518(b)(3) (three occurrences);
(l) Section 600.520(b)(2)(ii), (b)(2)(iii), and (b)(3);
(m) Section 600.745(a) (five occurrences), (b)(1) (four
occurrences), (b)(2) introductory text, (b)(2)(viii), (b)(3)(i)
introductory text (four occurrences), (b)(3)(ii) (two occurrences),
(b)(3)(iii) introductory text, (b)(3)(iv), (b)(3)(v), (c)(2), (d)(1)
(three occurrences), (d)(2) introductory text, (d)(2)(x), (d)(3)(i),
and (d)(3)(ii) introductory text.
[FR Doc. 98-3601 Filed 2-11-98; 8:45 am]
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