[Federal Register Volume 61, Number 116 (Friday, June 14, 1996)]
[Proposed Rules]
[Page 30214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15166]
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DEPARTMENT OF COMMERCE
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, Commerce.
ACTION: Notice of intent; update.
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SUMMARY: In February 1996, NMFS announced that Commerce was considering
establishing a new advisory committee under the Federal Advisory
Committee Act (FACA) to negotiate certain issues between commercial and
recreational fishermen competing for tuna off the Mid-Atlantic coast.
NMFS has decided to schedule a public meeting for early fall 1996 to
brief interested parties on the negotiated rulemaking process and
obtain their views as to immediate steps for action that would permit
resolution prior to next year's fishing season.
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.
SUPPLEMENTARY INFORMATION: On February 1, 1996, NMFS announced that
Commerce was considering establishing a new advisory committee under
FACA to negotiate issues leading to a proposed rule resolving the gear
conflict between recreational and commercial fishermen competing for
tuna off the Mid-Atlantic coast (61 FR 3666, February 1, 1996). The
decision to use a negotiated rulemaking process--in accordance with the
Presidential Directive of March 4, 1995, the report of the National
Performance Review, and EO 12866--came in response to the National
Fishing Association's petition to employ such a procedure in connection
with the tuna dispute. The goal is to produce better regulations, use
parties' time and resources more wisely, and reduce litigation,
controversy, and uncertainty. The announcement described generally how
an advisory committee would be established, participants selected, and
requests for representation narrowed. It also set forth a list of
possible interests and participants and sought comment on the tentative
pool of representatives. Finally, the document set forth a tentative
schedule, indicating NMFS' plans to hold meetings of the advisory
committee at 2-week intervals starting in March 1996. This document
supplements the February announcement, and is intended to provide an
update. While NMFS had hoped to start, and finish, the negotiated
rulemaking process before the 1996 fishery, this has not been possible.
Following the announcement, NMFS contracted with two dispute
resolution professionals, Philip J. Harter and Charles Pou of
Washington, DC, for advice on establishment of the advisory committee
and to facilitate and mediate the negotiations. The contractors have
begun to contact representatives of groups that responded to NMFS's
announcement and will be speaking to all of these persons in the near
future. The initial contacts indicate that most fishermen are now
concentrating on preparing for the summer tuna fishery and, hence, it
would be more convenient to postpone any negotiations until near the
end of the 1996 season. The contractors have therefore recommended that
NMFS hold a public briefing on the negotiated rulemaking process in
early fall 1996 and select advisory committee members and commence
negotiations soon after the public briefing. NMFS agrees with, and will
implement, these recommendations.
The fall 1996 session will bring together representatives of as
many affected interests as possible, as well as any others who want to
attend, for a briefing on the negotiated rulemaking process; an
opportunity for interested persons to offer views and discuss specific
potential issues that should be addressed in such a process; and a
chance to consider immediate steps for action that would permit
resolution prior to commencement of next year's fishing season.
NMFS will work with the contractors over the summer to clarify
issues and develop an agenda for the fall briefing, and welcomes input
on these matters from interested persons. In addition, the discussion
at the fall session, and subsequent negotiations, will be improved
substantially if parties collect relevant data and other useful
information over the summer, to permit these talks to proceed on the
basis of fact. For this reason, NMFS encourages all parties to use the
summer to identify and collect information that substantiates or
illuminates their claims and concerns.
Authority: 16 U.S.C. 971 et seq.
Dated: June 7, 1996.
Richard H. Schaefer,
Director, Office of Fisheries Conservation and Management, National
Marine Fisheries Service.
[FR Doc. 96-15166 Filed 6-13-96; 8:45 am]
BILLING CODE 3510-22-F
