[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]



=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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