[Federal Register Volume 62, Number 36 (Monday, February 24, 1997)]
[Rules and Regulations]
[Pages 8178-8179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4457]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Chapter VI

[Docket No. 970130016-7016-01; I.D. 012797F]
RIN 0648-XX80


Magnuson-Stevens Fishery Conservation and Management Act; Public 
Comments on Fishery Management Plans and Regulations

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Policy statement.

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SUMMARY: NMFS notifies the public of how public comments on Fishery 
Management Plans (FMPs), FMP amendments, and their implementing 
regulations will be handled under the procedures of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), 
as amended by the Sustainable Fisheries Act (SFA). The intent is to 
ensure that the public has full opportunity for input to the fishery 
management decision process.

FOR FURTHER INFORMATION CONTACT: George H. Darcy, 301-713-2341.

SUPPLEMENTARY INFORMATION: On October 11, 1996, the President signed 
into law the SFA (Public Law 104-297), which made numerous amendments 
to the Magnuson-Stevens Act (16 U.S.C. 1801 et seq.). The amendments 
significantly changed the process and schedules under which FMPs, FMP 
amendments, and most regulations are reviewed and implemented. Because 
of those changes, NMFS has had to revise its procedures for handling 
public comments on FMPs, FMP amendments, and their implementing 
regulations.
    Specifically, the SFA decoupled the schedule for approval/
disapproval of FMPs and FMP amendments submitted by Regional Fishery 
Management Councils (Councils) from the schedule for publication of 
proposed and final rules to implement them. Because both the notice of 
availability (NOA) of an FMP/amendment and the proposed rule request 
public comments, the timing of the receipt of those comments relative 
to the timing of decisions regarding the FMP/amendment and associated 
rules has been complicated. To address these issues and to inform the 
public of how and when public comments will be considered, NMFS will 
follow the procedures outlined below.

FMPs and FMP Amendments

    An NOA will be published in the Federal Register as soon as 
possible after transmittal of an FMP/amendment from a Council, as 
required by sec. 304(a) of the Magnuson-Stevens Act. The NOA will 
request comments on the FMP/amendment and will alert the public that 
(1) public comments are being solicited on the FMP/amendment through 
the end of the 60-day comment period stated in the NOA; (2) a proposed 
rule that would implement the FMP/amendment may be published in the 
Federal Register for public comment, following NMFS' evaluation of the 
proposed rule under the Magnuson-Stevens Act procedures; and (3) public 
comments on the proposed rule must be received by the end of the 
comment period on the FMP/amendment to be considered in the approval/
disapproval decision on the FMP/amendment. All comments received by the 
end of the comment period on the FMP/amendment, whether specifically 
directed to the FMP/amendment or the proposed rule, will be considered 
in the approval/disapproval decision; comments received after that date 
will not be considered in the approval/disapproval decision on the FMP/
amendment. To be considered, comments must be received by close of 
business on the last day of the comment period established by the NOA.

Proposed Rules

    If NMFS' evaluation of the proposed rule under procedures specified 
in sec. 304(b) of the Magnuson-Stevens Act determines that it is 
consistent with the FMP, FMP amendment, the Magnuson-Stevens Act, and 
other applicable laws, NMFS will publish the proposed rule with a 
request for public comment; the

[[Page 8179]]

comment period will normally be 45 days. The preamble of the proposed 
rule will inform the public that (1) public comments are being 
solicited on the FMP/amendment through the end of the comment period 
stated in the NOA; and (2) public comments on the proposed rule must be 
received by the end of the comment period on the FMP/amendment, as 
published in the NOA, to be considered in the approval/disapproval 
decision on the FMP/amendment. To be considered, comments must be 
received by close of business on the last day of the comment period.

Responses to Comments

    All comments received during the public comment periods will be 
responded to in the final rule. The preamble of the final rule will 
contain a summary of the comments received, both on the FMP/amendment 
and on the proposed rule, and responses to those comments.
    NMFS expects that the comment periods for the FMP/amendment (as 
published in the NOA) and the proposed rule will generally end on or 
about the same date, and NMFS will attempt to achieve that result. 
However, because there is the possibility that the comment period 
ending dates could be significantly different, it is important for 
commenters to focus their comments on either the FMP/amendment or on 
the proposed rule, if possible, and to be aware of the decisional 
timing issues that have resulted from the Magnuson-Stevens Act 
amendments. By publishing this policy statement, and through language 
to be included in NOAs and preambles to proposed rules, NMFS is 
attempting to ensure that the public has full opportunity for input to 
the decision process.

Classification

    This rule has been determined to be not significant for purposes of 
Executive Order 12866.
    Pursuant to authority at 5 U.S.C. 553(b)(A), prior notice and an 
opportunity for public comment are not required to be provided for this 
rule, as this is a rule of procedure. Further, because prior notice and 
an opportunity for public comment are not required under 5 U.S.C. 553, 
or any other law, the analytical requirements of the Regulatory 
Flexibility Act, 5 U.S.C. 601 et seq., are not applicable. Finally, 
because this rule is not substantive it is not subject to the 30-day 
delay in effective date required of substantive rules under 5 U.S.C. 
553(d).

    Dated: February 14, 1997.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 97-4457 Filed 2-21-97; 8:45 am]
BILLING CODE 3510-22-F