[Federal Register Volume 64, Number 19 (Friday, January 29, 1999)]
[Rules and Regulations]
[Pages 4599-4602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2188]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[Docket No. 970527125-8310-04; I.D. 122297D]
RIN 0648-AJ95


Appointment of Members to the Regional Fishery Management 
Councils

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

ACTION: Final rule.

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SUMMARY: NMFS revises guidelines for requirements and procedures for 
the appointment of members to the Regional Fishery Management (RFMCs). 
The guidelines are revised to clarify compliance requirements, improve 
their readability, and emphasize the
    March 15 deadline for information from the RFMC governors, 
appropriate chairpersons of tribal Indian governments and RFMC 
nominees. On January 30, 1998, NMFS published in the Federal Register a 
proposed rule requesting comments on revisions to regulations affecting 
the nomination and appointment of RFMC members. Comments on the revised 
guidelines contained in the proposed rule were requested by March 2, 
1998. This rule implements the regulations contained in the proposed 
rule.

DATES: Effective January 29, 1999.
ADDRESSES: Comments regarding the collection-of-information contained 
in this final rule should be sent to the Director, Office of 
Sustainable Fisheries, 1315 East-West Highway, Silver Spring, Maryland 
20910, and to the Office of Management and Budget (OMB), Washington, DC 
20503 (Attention: NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT: Loretta E. Williams, F/SF5, NMFS, 301-
713-2337.

SUPPLEMENTARY INFORMATION: Additional background for this final rule 
may be found in the preamble to the proposed rule published at 63 FR 
4618 (January 30, 1998), and in regulations contained at 50 CFR part 
600.215. The primary purposes of this

[[Page 4600]]

final rule are (1) to clarify guidelines that relate to compliance by 
RFMC state governors, appropriate Pacific Fishery Management Council 
(PFMC) tribal Indian Governments, and RFMC nominees, (2) to emphasize 
the requirement for the submission of complete nominations packages by 
the required March 15 deadline, and (3) to reorganize and improve 
readability of procedures affecting the RFMC nomination and appointment 
process. This rule does not contains substantive changes to the 
existing guidelines.

Comments and Responses

    Comment 1: Comments were received from one commenter.
    The commenter suggests that, in cases where the terms of both an 
obligatory member and an at-large member expire concurrently, 
Sec. 600.215(b)(5) of the proposed rule should be amended to reduce the 
total minimum number of obligatory and at-large nominees submitted by a 
governor from six to four.
    Response: NMFS finds that existing language in Sec. 600.215 (b)(5) 
meets the intent of this comment. However, NMFS has reinserted the 
following text to the end of paragraph (b)(5) that had been 
inadvertently omitted: ``provided that the resulting total number of 
nominees submitted by that governor for the expiring at-large seat is 
no fewer than three different nominees.''
    Comment 2. The commenter stated that, because some constituent 
states of the RFMCs are heavily involved in the press of state 
legislative matters during the first quarter of the calendar year, more 
lead time should be allowed for the recruitment of nominees, 
preparation of nomination kits, and review of nominations by the 
governors' offices. The commenter requested that nomination kits be 
delivered to the governors no later than October 1 of the year 
preceding the March 15 deadline. Response: No change was made. NMFS 
believes it is unnecessary to establish by regulation a date for the 
distribution of forms and requests for information contained in the 
nomination packages. In addition, the expiration of members' terms and 
pending vacancies at the end of the RFMC year are well known; 
therefore, governors and chairpersons of tribal Indian Governments are 
encouraged to begin working with potential nominees as early as 
possible prior to the term expiration or vacancy. NMFS will endeavor to 
work with the states throughout the year to facilitate the appointment 
process.

Changes From the Proposed Rule

    Section 600.215 (b)(5) has been revised to include existing 
language which was inadvertently omitted in the proposed rule and which 
clarifies requirements when the terms of obligatory and
    at-large members from a state expire concurrently.

Classification

    Because this is a non-substantive rule of agency procedure, it is 
not subject to the 30-day delay in effective date requirement of 5 
U.S.C. 553(d).
    This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce certified to the Chief Counsel for Advocacy of 
the Small Business Administration that this rule will not have a 
significant economic impact on a substantial number of small entities. 
Because the rule is a non-substantive rule of procedure, it will not 
have an economic impact on the fishing industry or on small entities 
operating in the fishery.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to penalty for 
failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection-of-information displays 
a currently valid Office of Management and Budget (OMB) control number.
    This rule contains a collection-of-information requirement, subject 
to the Paperwork Reduction Act (PRA). The total public reporting burden 
for nominations submitted by RFMC governors, PFMC tribal Indian 
governments, and nominees is estimated to be 120 hours, including the 
time for reviewing instructions, searching existing data sources, 
gathering and maintaining data needed and completing and reviewing the 
collection of information.
    The collection of this information has been approved by the OMB 
under control number 0648-0314. Send comments on these or any other 
aspects of the collection of information to the Office of Sustainable 
Fisheries and to OMB (see ADDRESSES).

List of Subjects in 50 CFR Part 600

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

    Dated: January 25, 1999.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Services.
    For the reasons set forth in the preamble, 50 CFR part 600 is 
amended as follows:

PART 600-MAGNUSON-STEVENS 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. Section 600.215 is revised to read as follows:


Sec. 600.215  Council nomination and appointment procedures.

    (a) General. (1) Each year, the 3-year terms for approximately one-
third of the appointed members of the Councils expire. The Secretary of 
Commerce (Secretary) will appoint or new members or will reappoint 
seated members to another term to fill the seats being vacated.
    (2) There are two categories of seats to which voting members are 
appointed: ``Obligatory'' and ``At-large.''
    (i) Obligatory seats are state specific. Each constituent state is 
entitled to one seat on the Council on which it is a member, except 
that the State of Alaska is entitled to five seats and the State of 
Washington is entitled to two seats on the North Pacific Fishery 
Management Council. When the term of a state's obligatory member is 
expiring or when that seat becomes vacant before the expiration of its 
term, the governor of that state must submit the names of at least 
three qualified individuals to fill that Council seat.
    (ii) The Magnuson-Stevens Act also provides for appointment, by the 
Secretary, of one treaty Indian tribal representative to the Pacific 
Fishery Management Council (Pacific Council). To fill that seat, the 
Secretary solicits written nominations from the heads of governments of 
those Indian Tribes with federally recognized fishing rights from the 
States of California, Oregon, Washington, or Idaho. The list of 
nominees must contain a total of at least three individuals who are 
knowledgeable and experienced regarding the fishery resources under the 
authority of the Pacific Council. The Secretary will appoint one tribal 
Indian representative from this list to the Pacific Council for a term 
of 3 years and rotate the appointment among the tribes.
    (iii) At-large seats are regional. When the term of an at-large 
member is expiring or when that seat becomes vacant before the 
expiration of a term,

[[Page 4601]]

the governors of all constituent states of that Council must each 
submit the names of at least three qualified individuals to fill the 
seat.
    (b) Responsibilities of State Governors. (1) Council members are 
selected by the Secretary from lists of nominees submitted by Governors 
of the constituent states, pursuant to section 302(b)(2)(C) of the 
Magnuson-Stevens Act. For each applicable vacancy, a Governor must 
submit the names of at least three nominees who meet the qualification 
requirements of the Magnuson-Stevens Act. A Governor must provide a 
statement explaining how each of his/her nominees meet the 
qualification requirements, and must also provide appropriate 
documentation to the Secretary that each nomination was made in 
consultation with commercial and recreational fishing interests of that 
state and that each nominee is knowledgeable and experienced by reason 
of his or her occupational or other experience, scientific expertise, 
or training in one or more of the following ways related to the fishery 
resources of the geographical area of concern to the Council:
    (i) Commercial fishing or the processing or marketing of fish, fish 
products, or fishing equipment;
    (ii) Fishing for pleasure, relaxation, or consumption, or 
experience in any business supporting fishing;
    (iii) Leadership in a state, regional, or national organization 
whose members participate in a fishery in the Council's area of 
authority;
    (iv) The management and conservation of natural resources, 
including related interactions with industry, government bodies, 
academic institutions, and public agencies. This includes experience 
serving as a member of a Council, Advisory Panel,
    Scientific and Statistical Committee, or Fishing Industry Advisory 
Committee;
    (v) Representing consumers of fish or fish products through 
participation in local, state, or national organizations, or performing 
other activities specifically related to the education or protection of 
consumers of marine resources; or
    (vi) Teaching, journalism, writing, consulting, practicing law, or 
researching matters related to fisheries, fishery management, and 
marine resource conservation.
    (2) To assist in identifying qualifications, each nominee must 
furnish to the appropriate governor's office a current resume, or 
equivalent, describing career history--with particular attention to 
experience related to the criteria in paragraph (b)(1) of this section. 
Nominees may provide such information in any format they wish.
    (3) A constituent State Governor must determine the state of 
residency of each of his/her nominees. A Governor may not nominate a 
non-resident of that state for appointment to a Council seat obligated 
to that state. A Governor may nominate residents of another constituent 
state of a Council for appointment to an at large seat on that Council.
    (4) If, at any time during a term, a member changes residency to 
another state that is not a constituent state of that Council, or a 
member appointed to an obligatory seat changes residency to any other 
state, the member may no longer vote and must resign from the Council. 
For purposes of this paragraph, a state resident is an individual who 
maintains his/her principal residence within that constituent state and 
who, if applicable, pays income taxes to that state and/or to another 
appropriate jurisdiction within that state.
    (5) When the terms of both an obligatory member and an at-large 
member expire concurrently, the Governor of the state holding the 
expiring obligatory seat may indicate that the nominees who were not 
selected for appointment to the obligatory seat may be considered for 
appointment to an at-large seat, provided that the resulting total 
number of nominees submitted by that governor for the expiring at-large 
seat is no fewer than three different nominees. When obligatory and at-
large seats do not expire concurrently, the Secretary may select from 
any of the nominees for such obligatory seat and from the nominees for 
any at-large seat submitted by the Governor of that state, provided 
that the resulting total number of nominees submitted by that Governor 
for the expiring seats is no fewer than six. If a total of fewer than 
six nominees is submitted by the Governor, each of the six will be 
considered for the expiring obligatory seat, but not for the expiring 
at-large seat.
    (c) Responsibilities of eligible tribal Indian governments. The 
tribal Indian representative on the Pacific Council will be selected by 
the Secretary from a list of no fewer than three individuals submitted 
by the tribal Indian governments with federally recognized fishing 
rights from California, Oregon, Washington, and Idaho, pursuant to 
section 302(b)(5) of the Magnuson-Stevens Act. To assist in assessing 
the qualifications of each nominee, each head of an appropriate tribal 
Indian government must furnish to the Assistant Administrator 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 Pacific Council in a different capacity will not disqualify 
nominees proposed by tribal Indian governments.
    (d) Nomination deadlines. Nomination letters and completed kits 
must be forwarded by express mail under a single mailing to the address 
specified by the Assistant Administrator by March 15. For appointments 
outside the normal cycle, a different deadline for receipt of 
nominations will be announced.
    (1) Obligatory seats. (i) The governor of the state for which the 
term of an obligatory seat is expiring must submit the names of at 
least three qualified individuals to fill that seat by the March 15 
deadline. The Secretary will appoint to the Pacific Council a 
representative of an Indian tribe from a list of no fewer than three 
individuals submitted by the tribal Indian governments.
    (ii) If the nominator fails to provide a nomination letter and at 
least three complete nomination kits by March 15, the obligatory seat 
will remain vacant until all required information has been received and 
processed and the Secretary has made the appointment.
    (2) At-large seats. (i) If a Governor chooses to submit nominations 
for an at-large seat, he/she must submit lists that contain at least 
three different qualified nominees for each vacant seat. A nomination 
letter and at least three complete nomination kits must be forwarded by 
express mail under a single mailing to the address specified by the 
Assistant Administrator by March 15.
    (ii) Nomination packages that are incomplete after March 15 will be 
returned to the nominating Governor and will be processed no further. 
At-large members will be appointed from among the nominations submitted 
by the governors who complied with the nomination requirements and the 
March 15 deadline.
    (e) Responsibilities of the Secretary. (1) The Secretary must, to 
the extent practicable, ensure a fair and balanced apportionment, on a 
rotating or other basis, of the active participants (or their 
representatives) in the commercial and recreational fisheries in the 
Council's area of authority. Further, the Secretary must take action to 
ensure, to the extent practicable, that those persons dependent for 
their livelihood upon the fisheries in the Council's area of authority 
are fairly represented as voting members on the Councils.

[[Page 4602]]

    (2) The Secretary will review each list submitted by a governor or 
the tribal Indian governments to ascertain whether the individuals on 
the list are qualified for the vacancy. If the Secretary determines 
that a nominee is not qualified, the Secretary will notify the 
appropriate Governor or tribal Indian government of that determination. 
The Governor or tribal Indian government shall then submit a revised 
list of nominees or resubmit the original list with an additional 
explanation of the qualifications of the nominee in question. The 
Secretary reserves the right to determine whether nominees are 
qualified.
    (3) The Secretary will select the appointees from lists of 
qualified nominees provided by the Governors of the constituent Council 
states or of the tribal Indian governments that are eligible to 
nominate candidates for that vacancy.
    (i) For Governor-nominated seats, the Secretary will select an 
appointee for an obligatory seat from the list of qualified nominees 
submitted by the governor of the state. In filling expiring at-large 
seats, the Secretary will select an appointee(s) for an at-large 
seat(s) from the list of all qualified candidates submitted. The 
Secretary will consider only complete slates of nominees submitted by 
the governors of the Council's constituent states. When an appointed 
member vacates his/her seat prior to the expiration of his/her term, 
the Secretary will fill the vacancy for the remainder of the term by 
selecting from complete nomination letters and kits that are timely and 
contain the required number of candidates.
    (ii) For the tribal Indian seat, the Secretary will solicit 
nominations of individuals for the list referred to in paragraph (c) 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. 
Any vacancy occurring prior to the expiration of any term shall be 
filled in the same manner as described in paragraphs (d)(1) and (2) of 
this section, except that the Secretary may use the list referred to in 
paragraph (b)(1) of this section from which the vacating member was 
chosen. The Secretary shall rotate the appointment among the tribes, 
taking into consideration:
    (A) The qualifications of the individuals on the list referred to 
in paragraph (c) of this section.
    (B) The various rights of the Indian tribes involved, and judicial 
cases that set out the manner in which these rights are to be 
exercised.
    (C) The geographic area in which the tribe of the representative is 
located.
    (D) The limitation that no tribal Indian representative shall serve 
more than three consecutive terms in the Indian tribal seat.
[FR Doc. 99-2188 Filed 1-28-99; 8:45 am]
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