[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]
BILLING CODE 3510-22-F