[Federal Register Volume 63, Number 29 (Thursday, February 12, 1998)]
[Rules and Regulations]
[Pages 7072-7075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3601]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[Docket No. 980202026-8026-01; I.D. 011598C]


Magnuson-Stevens Act Provisions; Technical Amendments

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

ACTION: Final rule, technical amendment.

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SUMMARY: NMFS corrects and updates regulations pertaining to general 
provisions of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act). This rule corrects references to the 
Magnuson-Stevens Act, which was amended by the Sustainable Fisheries 
Act (SFA) in 1996; revises a definition to bring it into conformance 
with the Magnuson-Stevens Act; and revises terminology to be consistent 
with the Magnuson-Stevens Act and to reflect a reorganization of NMFS.

DATES: Effective February 12, 1998.

FOR FURTHER INFORMATION CONTACT: George H. Darcy, NMFS, 301/713-2344.

SUPPLEMENTARY INFORMATION: Part 600 of title 50 CFR contains general 
regulations issued under the authority of the Magnuson-Stevens Act. On 
October 11, 1996, the President signed into law the SFA, which made 
numerous amendments to the Magnuson-Stevens Act. Consequently, certain 
references to that statute in part 600 became incorrect; this rule 
corrects those references. In addition, the SFA amended the definition 
of ``optimum,'' with respect to yield from a fishery, which appears at 
section 3(28) in the Magnuson-Stevens Act. To bring part 600 into 
conformance with that change, the definition of ``optimum yield'' (OY) 
in Sec. 600.10 is revised by this rule.
    In 1996, the title of the Magnuson Fishery Conservation and 
Management Act was changed to the Magnuson-Stevens Fishery Conservation 
and Management Act by Public Law 104-208. Also in 1996, the 
headquarters offices of NMFS were reorganized and the NMFS Regional 
Directors were retitled ``Regional Administrators.'' This rule revises 
part 600 accordingly.

Classification

    Because this rule only corrects and updates part 600 for the 
purposes of public information, it is strictly administrative in 
nature; no useful purpose would be served by providing prior notice and 
opportunity for comment on this rule. Accordingly, under 5 U.S.C. 
553(b)(B), it is unnecessary to provide such notice and opportunity for 
comment. Also, because this rule is only administrative in nature and 
imposes no new requirements or restrictions on the public, the 
Assistant Administrator for Fisheries, NOAA, under 5 U.S.C. 553(d)(3), 
finds it unnecessary to delay its effective date for 30 days.
    This rule is exempt from review under E.O. 12866.

List of Subjects in 50 CFR Part 600

    Administrative practice and procedure, Confidential business 
information, Fisheries, Fishing, Fishing vessels, Foreign relations, 
Intergovernmental relations, Penalties, Reporting and recordkeeping 
requirements, Statistics.

    Dated: February 5, 1998.
David L. Evans,
Deputy Assistant, Administrator for Fisheries.
    For the reasons set out in the preamble, 50 CFR part 600 is 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.


[[Page 7073]]


    2. The part heading is revised to read as follows:

PART 600--MAGNUSON-STEVENS ACT PROVISIONS

    3. In Sec. 600.10, the definitions of ``Magnuson Act'' and 
``Regional Director (RD)'' are removed, definitions for ``Magnuson-
Stevens Act'' and ``Regional Administrator'' are added in alphabetical 
order, and definitions of ``Continental shelf fishery resources'', 
``Director'', and ``Optimum yield (OY)'' are revised to read as 
follows:


Sec. 600.10  Definitions.

* * * * *
    Continental shelf fishery resources means the species listed under 
section 3(7) of the Magnuson-Stevens Act.
* * * * *
    Director means the Director of the Office of Sustainable Fisheries, 
1315 East-West Highway, Silver Spring, MD 20910.
* * * * *
    Magnuson-Stevens Act means the Magnuson-Stevens Fishery 
Conservation and Management Act, as amended (16 U.S.C. 1801 et seq.), 
formerly known as the Magnuson Act.
* * * * *
    Optimum yield (OY) means the amount of fish that:
    (1) Will provide the greatest overall benefit to the Nation, 
particularly with respect to food production and recreational 
opportunities, and taking into account the protection of marine 
ecosystems;
    (2) Is prescribed as such on the basis of the maximum sustainable 
yield from the fishery, as reduced by any relevant economic, social, or 
ecological factor; and
    (3) In the case of an overfished fishery, provides for rebuilding 
to a level consistent with producing the maximum sustainable yield in 
such fishery.
* * * * *
    Regional Administrator means the Administrator of one of the five 
NMFS Regions described in Table 1 of Sec. 600.502, or a designee. 
Formerly known as Regional Director.
* * * * *
    4. In Sec. 600.15, paragraph (b)(7) is removed and paragraphs 
(b)(8) through (b)(13) are redesignated as paragraphs (b)(7) through 
(b)(12), respectively.
    5. In Sec. 600.210, the first sentence of paragraph (a) is revised 
to read as follows:


Sec. 600.210  Terms of Council members.

    (a) Voting members (other than principal state officials, the 
Regional Administrators, or their designees) are appointed for a term 
of 3 years and, except as discussed in paragraphs (b) and (c) of this 
section, may be reappointed. * * *
* * * * *
    6. In Sec. 600.215, the third sentence in paragraph (a)(4) is 
revised to read as follows:


Sec. 600.215  Appointments.

    (a) * * *
    (4) * * * Career and educational history information sent to the 
Governors should also be sent to the NMFS Office of Sustainable 
Fisheries.
* * * * *
    7. In Sec. 600.230, the first sentence is revised to read as 
follows:


Sec. 600.230  Removal.

    The Secretary may remove for cause any Secretarially appointed 
member of a Council in accordance with section 302(b)(6) of the 
Magnuson-Stevens Act, wherein the Council concerned first recommends 
removal of that member by not less than two-thirds of the voting 
members. * * *
    8. In Sec. 600.235, the first sentence in paragraph (c) is revised 
to read as follows:


Sec. 600.235  Financial disclosure.

* * * * *
    (c) By February 1 of each year, Councils must forward copies of the 
completed disclosure from each current Council member and Executive 
Director to the Director, Office of Sustainable Fisheries, NMFS. * * *
* * * * *
    9. In Sec. 600.310, the first sentence of paragraph (b), and the 
first sentence of paragraph (f)(3) introductory text are revised to 
read as follows:


Sec. 600.310  National Standard 1--Optimum Yield.

* * * * *
    (b) * * * The determination of OY is a decisional mechanism for 
resolving the Magnuson-Stevens Act's multiple purposes and policies, 
for implementing an FMP's objectives, and for balancing the various 
interests that comprise the national welfare. * * *
* * * * *
    (f) * * *
    (3) * * * The Magnuson-Stevens Act's definition of OY identifies 
three categories of factors to be used in modifying MSY to arrive at 
OY: Economic, social, and ecological (section 3(21)(b) of the Magnuson-
Stevens Act). * * *
* * * * *
    10. In Sec. 600.330, the third sentence in paragraph (c)(2) is 
revised to read as follows:


Sec. 600.330  National Standard 5--Efficiency.

* * * * *
    (c) * * *
    (2) * * * In addition, it should consider the criteria for 
qualifying for a permit, the nature of the interest created, whether to 
make the permit transferable, and the Magnuson-Stevens Act's limitation 
on returning economic rent to the public under section 304(d)(1). * * *
    11. In Sec. 600.502, the last sentence in paragraph (f)(1), 
paragraph (g), and Tables 1 and 2 to the section are revised to read as 
follows:


Sec. 600.502  Vessel reports.

* * * * *
    (f) * * *
    (1) * * * The appropriate Regional Administrator or Science and 
Research Director may accept or reject any correction and initiate any 
appropriate civil penalty actions.
* * * * *
    (g) Submission instructions for weekly reports. The designated 
representative for each FFV must submit weekly reports in the 
prescribed format to the appropriate Regional Administrator or Science 
and Research Director of NMFS by 1900 GMT on the Wednesday following 
the end of the reporting period. However, by agreement with the 
appropriate Regional Administrator or Science and Research Director, 
the designated representative may submit weekly reports to some other 
facility of NMFS.

[[Page 7074]]



                  Table 1 to Sec.  600.502.--Addresses                  
------------------------------------------------------------------------
                                NMFS science and      U.S. Coast Guard  
NMFS regional administrators   research directors        commanders     
------------------------------------------------------------------------
Administrator, Northeast      Director, Notheast    Commander, Atlantic 
 Region, National Marine       Fisheries Science     Area, U.S. Coast   
 Fisheries Service, NOAA,      Center, National      Guard, 431 Crawford
 One Blackburn Drive,          Marine Fisheries      St., Portsmouth, VA
 Gloucester, MA 01930-2298.    Service, NOAA, 166    23704.             
                               Water St., Woods                         
                               Hole, MA 02543-1097.                     
Administrator, Southeast      Director, Southeast   Commander, Atlantic 
 Region, National Marine       Fisheries Science     Area, U.S. Coast   
 Fisheries Service, 9721       Center, National      Guard, Governor's  
 Exec. Center Drive N., St.    Marine Fisheries      Island, New York   
 Petersburg, FL 33702.         Service, NOAA, 75     10004.             
                               Virginia Beach                           
                               Drive, Miami, FL                         
                               33149-1003.                              
Administrator, Northwest      Director, Northwest   Commander, Pacific  
 Region, National Marine       Fisheries Science     Area, U.S. Coast   
 Fisheries Service, NOAA,      Center, National      Guard, Government  
 7600 Sand Point Way, NE,      Marine Fisheries      Island, Alameda, CA
 BIN C15700, Bldg. 1,          Service, NOAA, 2725   94501.             
 Seattle, WA 98115.            Montlake Blvd.                           
                               East, Seattle, WA                        
                               98112-2097.                              
Administrator, Alaska         Director, Alaska      Commander,          
 Region, National Marine       Fisheries Science     Seventeenth Coast  
 Fisheries Service, NOAA,      Center, National      Guard District,    
 P.O. Box 21668, Juneau, AK    Marine Fisheries      P.O. Box 25517,    
 99802-1668.                   Service, NOAA, 7600   Juneau, AK 99802.  
                               Sand Point Way, NE,                      
                               BIN C15700, Bldg.                        
                               4, Seattle, WA                           
                               98115-0070.                              
Administrator, Southwest      Director, Southwest   Commander,          
 Region, National Marine       Fisheries Science     Fourteenth Coast   
 Fisheries Service, NOAA,      Center, National      Guard District, 300
 501 West Ocean Blvd., Suite   Marine Fisheries      Ala Moana Blvd.,   
 4200, Long Beach, CA 90802-   Service, NOAA, P.O.   Honolulu, HI 96850.
 4213.                         Box 271, La Jolla,                       
                               CA 92038-0271.                           
------------------------------------------------------------------------


   Table 2 to Sec.  600.502.--Areas of Responsibility of NMFS and U.S.  
                           Coast Guard Offices                          
------------------------------------------------------------------------
   Area of responsibility/       National Marine                        
           fishery              Fisheries Service     U.S. Coast Guard  
------------------------------------------------------------------------
Atlantic Ocean North of Cape  Director, Northeast   Commander, Atlantic 
 Hatteras.                     Science Center,       Area.              
                               Attn: Observer                           
                               Program.                                 
Atlantic Ocean South of Cape  Director, Northeast   Commander, Atlantic 
 Hatteras.                     Science Center,       Area.              
                               Attn: Observer                           
                               Program.                                 
Atlantic Tunas, Swordfish,    Director, Office of   Commander, Atlantic 
 Billfish and Sharks.          Sustainable           Area.              
                               Fisheries.                               
Gulf of Mexico and Caribbean  Administrator,        Commander, Atlantic 
 Sea.                          Southeast Region.     Area.              
Pacific Ocean off the States  Administrator,        Commander, Pacific  
 of California, Oregon, and    Northwest Region.     Area.              
 Washington.                                                            
North Pacific Ocean and       Administrator,        Commander,          
 Bering Sea off Alaska.        Alaska Region.        Seventeenth Coast  
                                                     Guard District.    
Pacific Ocean off Hawaii and  Administrator,        Commander,          
 Other U.S. Insular            Southwest Region.     Fourteenth Coast   
 Possessions in the Central                          Guard District.    
 and Western Pacific.                                                   
------------------------------------------------------------------------

* * * * *
    12. In Sec. 600.506, paragraphs (a), (b)(1), (b)(2), and (c)(2); 
the first sentence of paragraph (f); paragraph (g)(2); the fifth 
sentence of paragraph (h)(1); the last sentence in paragraph 
(h)(2)(iii); the last sentence in paragraph (h)(3)(ii); paragraph 
(j)(1) introductory text; and the first sentence of paragraph (j)(2)(i) 
are revised to read as follows:


Sec. 600.506  Observers.

    (a) General. To carry out such scientific, compliance monitoring, 
and other functions as may be necessary or appropriate to carry out the 
purposes of the Magnuson-Stevens Act, the appropriate Regional 
Administrator or Science and Research Director (see table 2 to 
Sec. 600.502) may assign U.S. observers to FFV's. Except as provided 
for in section 201(i)(2) of the Magnuson-Stevens Act, no FFV may 
conduct fishing operations within the EEZ unless a U.S. observer is 
aboard.
    (b) * * *
    (1) The appropriate Regional Administrator or Science and Research 
Director must be notified immediately of any substitution of vessels or 
any cancellation of plans to fish in the EEZ for FFV's listed in the 
effort plan required by this section.
    (2) If an arrival date of an FFV will vary more than 5 days from 
the date listed in the quarterly schedule, the appropriate Regional 
Administrator or Science and Research Director must be notified at 
least 10 days in advance of the rescheduled date of arrival. If the 
notice required by this paragraph (b)(2) is not given, the FFV may not 
engage in fishing until an observer is available and has been placed 
aboard the vessel or the requirement has been waived by the appropriate 
Regional Administrator or Science and Research Director.
    (c) * * *
    (2) Cause the FFV to proceed to such places and at such times as 
may be designated by the appropriate Regional Administrator or Science 
and Research Director for the purpose of embarking and debarking the 
observer.
* * * * *
    (f) * * * In the event funds are not available from Congressional 
appropriations of fees collected to assign an observer to a foreign 
fishing vessel, the appropriate Regional Administrator or Science and 
Research Director will assign a supplementary observer to that vessel. 
* * *
    (g) * * *
    (2) The duties of supplementary observers and their deployment and 
work schedules will be specified by the appropriate Regional 
Administrator or Science and Research Director.
* * * * *
    (h) * * *
    (1) * * * Billings for supplementary observer coverage will be 
approved by the appropriate Regional Administrator or Science and 
Research Director and then transmitted to the owners and operators of 
foreign fishing vessels by

[[Page 7075]]

the appropriate designated representative. * * *
    (2) * * *
    (iii) * * * For the purposes of these regulations, the appropriate 
Regional Administrator or Science and Research Director will designate 
posts of duty for supplementary observers.
* * * * *
    (3) * * *
    (ii) * * * The equipment will be specified by the appropriate 
Regional Administrator or Science and Research Director according to 
the requirements of the fishery to which the supplementary observer 
will be deployed.
* * * * *
    (j) * * *
    (1) Certification. The appropriate Regional Administrator or 
Science and Research Director will certify persons as qualified for the 
position of supplementary observer once the following conditions are 
met:
* * * * *
    (2) * * *
    (i) Each certified supplementary observer must satisfactorily 
complete a course of training approved by the appropriate Regional 
Administrator or Science and Research Director as equivalent to that 
received by persons used as observers by NMFS as either Federal 
personnel or contract employees. * * *
* * * * *
    13. In Sec. 600.615, paragraph (d)(2) is revised to read as 
follows:


Sec. 600.615  Commencement of proceedings.

* * * * *
    (d) * * *
    (2) Emergency actions. Nothing in this section will prevent the 
Secretary from taking emergency action under section 305(c) of the 
Magnuson-Stevens Act.
    14. In Sec. 600.750, the definition of ``report'' is revised to 
read as follows:


Sec. 600.750  Definitions.

* * * * *
    Report means a document submitted by an FNP in accordance with the 
Magnuson-Stevens Act.


Secs. 600.5, 600.10, 600.105, 600.115, 600.205, 600.215, 600.225, 
600.235, 600.245, 600.305, 600.310, 600.320, 600.325, 600.330, 600.340, 
600.405, 600.415, 600.501, 600.504, 600.505, 600.506, 600.507, 600.515, 
600.518, 600.610, 600.725, 600.730, 600.735, 600.740  [Amended]

    15. In addition to the amendments set forth above, in 50 CFR part 
600 remove the words ``Magnuson Act'' and add, in their place, the 
words ``Magnuson-Stevens Act'' in the following places:
    (a) Section 600.5(a) and (b) (two occurrences);
    (b) Section 600.10, in the definition of ``Advisory group'', in 
paragraph (3) of the definition of ``Assistant Administrator'', in the 
definition of ``Council'', in the definition of ``Governing 
International Fishery Agreement (GIFA)'', in the definition of 
``scientific research activity'', in the definition of ``Statement of 
Organization, Practices, and Procedures (SOPP)'', in the definition of 
``stock assessment'', and in paragraph (3) of the definition of 
``substantially (affects)'';
    (c) Section 600.105(a), (b), and (c);
    (d) Section 600.115(a) and (b);
    (e) Section 600.205(a) and (b);
    (f) Section 600.215(a)(3);
    (g) Section 600.225(b)(2);
    (h) Section 600.235(a);
    (i) Section 600.245(a);
    (j) Section 600.305(a)(2) (two occurrences), (a)(3), (c)(1), and 
(c)(3);
    (k) Section 600.310(c)(7)(i), (c)(7)(iii), (f)(1), (f)(2) 
introductory text, (f)(5), and (h) introductory text;
    (l) Section 600.320(c);
    (m) Section 600.325(c)(3)(ii);
    (n) Section 600.330(c) introductory text, (c)(1), and (c)(2) (two 
occurrences);
    (o) Section 600.340(b)(1) and (b)(2)(iii);
    (p) Section 600.405;
    (q) Section 600.415(c)(2);
    (r) Section 600.501(a)(1), (b) (two occurrences), (e)(1)(i), 
(e)(1)(v), and (i) (three occurrences);
    (s) Section 600.504(a)(1);
    (t) Section 600.505(a)(1), (a)(2), (a)(4), (a)(5), (a)(6), (a)(28), 
and (b)(1);
    (u) Section 600.506(h)(3) introductory text;
    (v) Section 600.507(a)(4);
    (w) Section 600.515;
    (x) Section 600.518(e)(1)(iv);
    (y) Section 600.610(a)(1);
    (z) Section 600.725(a) (two occurrences), (b), (d), (f), (g), (h), 
(j), (k), and (p) (two occurrences);
    (aa) Section 600.730(a);
    (bb) Section 600.735 (three occurrences); and
    (cc) Section 600.740(a) introductory text; (a)(4), (b), and (c) 
(four occurrences).


Secs. 600.10, 600.205, 600.235, 600.504, 600.505, 600.506, 600.507, 
600.511, 600.512, 600.516, 600.518, 600.520, 600.745  [Amended]

    16. In addition to the amendments set forth above, in 50 CFR part 
600 remove the words ``Regional Director'' and add, in their place, the 
words ``Regional Administrator'' in the following places:
    (a) Section 600.10, in the definition of ``exempted educational 
activity'';
    (b) Section 600.205(a);
    (c) Section 600.235(a);
    (d) Section 600.504(b)(5);
    (e) Section 600.505(a)(8);
    (f) Section 600.506(b) introductory text;
    (g) Section 600.507(i) (two occurrences);
    (h) Section 600.511(c)(1) (two occurrences);
    (i) Section 600.512(a) (five occurrences);
    (j) Section 600.516(c);
    (k) Section 600.518(b)(3) (three occurrences);
    (l) Section 600.520(b)(2)(ii), (b)(2)(iii), and (b)(3);
    (m) Section 600.745(a) (five occurrences), (b)(1) (four 
occurrences), (b)(2) introductory text, (b)(2)(viii), (b)(3)(i) 
introductory text (four occurrences), (b)(3)(ii) (two occurrences), 
(b)(3)(iii) introductory text, (b)(3)(iv), (b)(3)(v), (c)(2), (d)(1) 
(three occurrences), (d)(2) introductory text, (d)(2)(x), (d)(3)(i), 
and (d)(3)(ii) introductory text.

[FR Doc. 98-3601 Filed 2-11-98; 8:45 am]
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