[Federal Register Volume 62, Number 126 (Tuesday, July 1, 1997)]
[Proposed Rules]
[Pages 35468-35470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16955]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 600
[Docket No. 970527125-7125-01; I.D. 032797B]
RIN 0648-AJ95
Magnuson Act Provisions; Appointment of Regional Fishery
Management Council Members
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS issues this proposed rule to amend the regulations
governing the nomination and appointment of members of regional fishery
management councils to establish the procedures applicable to the
nomination and appointment to the Pacific Fishery Management Council of
a representative of an Indian tribe with federally recognized fishing
rights from California, Oregon, Washington, or Idaho. The purpose of
this rule is to implement certain sections of the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act) as
amended by the Sustainable Fisheries Act (SFA) which require such an
appointment.
DATES: Comments on the proposed rule must be received on or before July
31, 1997.
ADDRESSES: Comments should be sent to Mr. Will Stelle, Jr.,
Administrator, Northwest Region, NMFS, 7600 Sand Point Way NE., BIN
C15700, Seattle, WA 98115-0070; or to Mr. William Hogarth, Acting
Administrator, Southwest Region, NMFS, 501 West Ocean Boulevard, Suite
4200, Long Beach, CA 90802-4213.
FOR FURTHER INFORMATION CONTACT: William L. Robinson at 206-526-6142 or
Rodney McInnis at 310-980-4040.
SUPPLEMENTARY INFORMATION: On October 11, 1996, President Clinton
signed into law the SFA which amended the Magnuson-Stevens Act. The SFA
added a seat on the Pacific Fishery Management Council (Pacific
Council) exclusively for a representative of an Indian tribe with
federally recognized fishing rights from California, Oregon,
Washington, or Idaho. Specifically, section 302(b)(5)(A) of the
Magnuson-Stevens Act requires that:
[[Page 35469]]
The Secretary shall appoint to the Pacific Council one
representative of an Indian tribe with Federally recognized fishing
rights from California, Oregon, Washington, or Idaho from a list of
not less than 3 individuals submitted by the tribal governments. The
Secretary, in consultation with the Secretary of the Interior and
tribal governments, shall establish by regulation the procedure for
submitting a list under this subparagraph.
Sections 302(b)(5)(B)(i), (ii), and (iii) of the Magnuson-Stevens
Act require that representation be rotated among the tribes taking into
consideration the qualifications of the individuals on the list, the
various rights of the Indian tribes involved and judicial cases that
set out how those rights are to be exercised, and the geographic area
in which the tribe of the representative is located. Finally, section
302(b)(5)(C) requires that ``a vacancy occurring prior to the
expiration of any term * * * be filled in the same manner as set out in
subparagraphs (A) and (B), except that the Secretary may use the list
from which the vacating representative was chosen.''
Having consulted with the Secretary of the Interior and the tribal
governments, NMFS proposes to consult with and rely on the advice of
the Bureau of Indian Affairs, Department of the Interior, in
determining from which Indian tribes to solicit nominations for the
Council seat. By statute, NMFS must solicit nominees only from those
Indian tribes with federally recognized fishing rights from California,
Oregon, Washington, or Idaho. NMFS proposes to solicit nominees who are
knowledgeable and experienced regarding the fishery resources affected
by the recommendations of the Pacific Council. NMFS proposes to solicit
nominations in writing from each tribal government to produce a list of
not less than three individuals from which the Secretary of Commerce
(Secretary) will appoint one individual to the Pacific Council for a
term of 3 years. Since this new Council seat is specifically for a
tribal representative, NMFS proposes that prior service on the Council
in a different capacity will not disqualify a nominee proposed by a
tribal government. NMFS proposes that if any tribal representative
appointed to the Council vacates the Council seat prior to the
expiration of any term, the Secretary may appoint a replacement for the
remainder of the vacant term from the original list of nominees or may
solicit a new set of nominees following the process described above.
NMFS proposes that no tribal representative may serve more than three
consecutive terms in the Indian tribal seat.
As required by statute, the Secretary will rotate the appointment
of a tribal representative to the Pacific Council among the tribes,
taking into consideration the qualifications of the individuals
nominated, the various rights of the Indian tribes involved and
judicial cases that set out how those rights are to be exercised, and
the geographic area in which the tribe of the representative is
located. Because numerous California, Oregon, Washington, and Idaho
Indian tribes have federally recognized fishing rights that are
potentially affected by actions of the Pacific Council, there is the
potential for a large number of nominations, which may slow the process
of appointing a single representative. NMFS encourages coordination
among the tribes in order to nominate in total a limited number of
qualified individuals. By having fewer individuals nominated, adequate
time is assured to consider each nominee's qualifications and ensure
the timely appointment of an individual to the Pacific Council seat.
Because this rule is a rule of agency organization and practice,
under 5 U.S.C. 553(b)(A), it may be issued without prior notice and
opportunity for public comment. Nevertheless, NMFS is voluntarily
soliciting comments on this rule and will consider all such comments
received within 30 days following publication of this proposed rule.
NMFS is especially interested in receiving comments from potentially
affected Indian tribes.
Classification
This proposed rule initially has been determined to be not
significant for purposes of E.O. 12866.
Because prior notice and opportunity for public comment is not
required for this rule by 5 U.S.C. 553 or by any other law, under 5
U.S.C. 603(a) and 604(a) it is not subject to the analytical
requirements of the Regulatory Flexibility Act.
Notwithstanding any other provision of law, no person is required
to respond to nor shall a person be subject to penalty for failure to
comply with a collection-of-information subject to the requirements of
the Paperwork Reduction Act (PRA) unless that collection-of-information
displays a currently valid Office of Management and Budget (OMB)
control number.
This proposed rule contains a collection-of-information requirement
subject to the PRA and which has been submitted to OMB for approval.
The public reporting burden for Indian tribal governments' nominations
for council appointments are estimated to average 120 hours per
response, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection-of-information.
Comments are invited on: (a) whether the proposed collection-of-
information is necessary for the proper performance of the functions of
the agency, including whether the information shall have practical
utility; (b) the accuracy of the agency's estimate of the burden of the
proposed collection-of-information; (c) ways to enhance the quality,
utility, and clarity of the information to be collected; and (d) ways
to minimize the burden of the collection-of-information on respondents,
including through the use of automated collection techniques or other
forms of information technology. Send comments on these or any other
aspects of the collection-of-information to the NMFS Northwest or
Southwest Regional Administrators at the ADDRESSES above, and to OMB at
the Office of Information and Regulatory Affairs, Office of Management
and Budget, Washington, DC 20503 (Attention: NOAA Desk Officer).
List of Subjects in 50 CFR Part 600
Fisheries, Fishing.
Dated: June 24, 1997.
Charles Karnella,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 600 is
proposed to be 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.
2. In Sec. 600.215, the introductory text is removed; paragraphs
(a) through (g) are redesignated as paragraphs (a)(1) through (a)(7)
respectively; former paragraphs (c)(1) through (c)(6) are redesignated
as paragraphs (a)(3)(i) through (a)(3)(vi) respectively; former
paragraphs (f)(1) and (f)(2) are redesignated (a)(6)(i) and (a)(6)(ii)
respectively; former paragraphs (g)(1) through (g)(6) are redesignated
(a)(7)(i) through (a)(7)(vi) respectively; and paragraphs (a)
introductory text and (b) are added to read as follows:
Sec. 600.215 Appointments.
* * * * *
(a) Members appointed from Governors' lists. This paragraph applies
to council members selected by the
[[Page 35470]]
Secretary from lists submitted by Governors pursuant to section
302(b)(2)(C) of the Magnuson-Stevens Act.
* * * * *
(b) Tribal member. This paragraph applies to the selection of the
Pacific Fishery Management Council's tribal member as required by
section 302(b)(5) of the Magnuson-Stevens Act.
(1) The Secretary shall appoint to the Pacific Fishery Management
Council one representative of an Indian tribe with federally recognized
fishing rights from California, Oregon, Washington, or Idaho from a
list of not less than three individuals submitted by the tribal
Governments.
(2) The Secretary shall solicit nominations of individuals for the
list referred to in paragraph (b)(1) of this section only from those
Indian tribes with federally recognized fishing rights from California,
Oregon, Washington, or Idaho. The Secretary will consult with the
Bureau of Indian Affairs, Department of the Interior, to determine
which Indian tribes may submit nominations.
(3) To assist in assessing the qualifications of each nominee, each
tribal government must furnish to the NMFS Office of Sustainable
Fisheries a current resume, or equivalent, describing the nominee's
qualifications with emphasis on knowledge and experience related to the
fishery resources affected by recommendations of the Pacific Council.
Prior service on the Council in a different capacity will not
disqualify nominees proposed by tribal governments.
(4) Nominations must be provided to NMFS by March 15 of the year in
which the term of the current tribal member expires.
(5) The Secretary shall rotate the appointment among the tribes
taking into consideration:
(i) The qualifications of the individuals on the list referred to
in paragraph (b)(1) of this section.
(ii) The various rights of the Indian tribes involved and judicial
cases that set out how those rights are to be exercised.
(iii) The geographic area in which the tribe of the representative
is located.
(iv) No tribal representative shall serve more than three
consecutive terms in the Indian tribal seat.
(6) Any vacancy occurring prior to the expiration of any term shall
be filled in the same manner as described above except that the
Secretary may use the list referred to in paragraph (b)(1) of this
section from which the vacating member was chosen.
[FR Doc. 97-16955 Filed 6-30-97; 8:45 am]
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