50 CFR § 600.105-600.155 - Magnuson-Stevens Act Provisions - Regional Fishery Management Councils

16 50 CFR Ch. VI (10–1–22 Edition) § 600.105 (12) ICCAT means the International Commission for the Conservation of Atlantic Tunas. (13) JVP—joint venture processing (14) MSY—maximum sustainable yield (15) PMP—preliminary FMP (16) TAC—total allowable catch (17) TALFF—total allowable level of foreign fishing (b) Legislation. (1) APA—Administra tive Procedure Act (2) CZMA—Coastal Zone Management Act (3) ESA—Endangered Species Act (4) FACA—Federal Advisory Com mittee Act (5) FOIA—Freedom of Information Act (6) FLSA—Fair Labor Standards Act (7) MMPA—Marine Mammal Protec tion Act (8) MPRSA—Marine Protection, Re search, and Sanctuaries Act (9) NEPA—National Environmental Policy Act (10) PA—Privacy Act (11) PRA—Paperwork Reduction Act (12) RFA—Regulatory Flexibility Act (c) Federal agencies. (1) CEQ—Council on Environmental Quality (2) DOC—Department of Commerce (3) DOI—Department of the Interior (4) DOS—Department of State (5) EPA—Environmental Protection Agency (6) FWS—Fish and Wildlife Service (7) GSA—General Services Adminis tration (8) NMFS—National Marine Fisheries Service (9) NOAA—National Oceanic and At mospheric Administration (10) OMB—Office of Management and Budget (11) OPM—Office of Personnel Man agement (12) SBA—Small Business Adminis tration (13) USCG—United States Coast Guard [61 FR 32540, June 24, 1996, as amended at 63 FR 7073, Feb. 12, 1998; 64 FR 29134, May 28, 1999; 75 FR 59149, Sept. 27, 2010] Subpart B—Regional Fishery Management Councils § 600.105 Intercouncil boundaries. (a) New England and Mid-Atlantic Councils. The boundary begins at the intersection point of Connecticut, Rhode Island, and New York at 41°18′16.249″ N. lat. and 71°54′28.477″ W. long. and proceeds south 37°22′32.75″ East to the point of intersection with the outward boundary of the EEZ as specified in the Magnuson-Stevens Act. (b) Mid-Atlantic and South Atlantic Councils. The boundary begins at the seaward boundary between the States of Virginia and North Carolina (36°33′01.0″ N. lat), and proceeds due east to the point of intersection with the outward boundary of the EEZ as specified in the Magnuson-Stevens Act. (c) South Atlantic and Gulf of Mexico Councils. The boundary coincides with the line of demarcation between the Atlantic Ocean and the Gulf of Mexico, which begins at the intersection of the outer boundary of the EEZ, as specified in the Magnuson-Stevens Act, and 83°00′ W. long., proceeds northward along that meridian to 24°35′ N. lat., (near the Dry Tortugas Islands), thence eastward along that parallel, through Rebecca Shoal and the Quicksand Shoal, to the Marquesas Keys, and then through the Florida Keys to the main land at the eastern end of Florida Bay, the line so running that the narrow waters within the Dry Tortugas Is lands, the Marquesas Keys and the Florida Keys, and between the Florida Keys and the mainland, are within the Gulf of Mexico. [61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 75 FR 59149, Sept. 27, 2010] § 600.110 Intercouncil fisheries. If any fishery extends beyond the geographical area of authority of any one Council, the Secretary may— (a) Designate a single Council to pre pare the FMP for such fishery and any amendments to such FMP, in consulta tion with the other Councils concerned; or (b) Require that the FMP and any amendments be prepared jointly by all the Councils concerned. 17 Fishery Conservation and Management § 600.120 (1) A jointly prepared FMP or amend ment must be adopted by a majority of the voting members, present and vot ing, of each participating Council. Dif ferent conservation and management measures may be developed for specific geographic areas, but the FMP should address the entire geographic range of the stock(s). (2) In the case of joint FMP or amendment preparation, one Council will be designated as the ‘‘administra tive lead.’’ The ‘‘administrative lead’’ Council is responsible for the prepara tion of the FMP or any amendments and other required documents for sub mission to the Secretary. (3) None of the Councils involved in joint preparation may withdraw with out Secretarial approval. If Councils cannot agree on approach or manage ment measures within a reasonable pe riod of time, the Secretary may des ignate a single Council to prepare the FMP or may issue the FMP under Sec retarial authority. § 600.115 Statement of organization, practices, and procedures (SOPP). (a) Councils are required to publish and make available to the public a SOPP in accordance with such uniform standards as are prescribed by the Sec retary (section 302(f)(6)) of the Magnu son-Stevens Act. The purpose of the SOPP is to inform the public how the Council operates within the framework of the Secretary’s uniform standards. (b) Amendments to current SOPPs must be consistent with the guidelines in this section, subpart C of this part, the terms and conditions of the cooper ative agreement (the funding agree ment between the Council and NOAA that establishes Council funding and mandates specific requirements regard ing the use of those funds), the statu tory requirements of the Magnuson Stevens Act, and other applicable law. Upon approval of a Council’s SOPP amendment by the Secretary, a notice of availability must be published in the FEDERAL REGISTER that includes an Internet address from which the amended SOPP may be read and downloaded and a mailing address to which the public may write to request copies. (c) Councils may deviate, where law ful, from the guidelines with appro priate supporting rationale, and Secre tarial approval of each amendment to a SOPP would constitute approval of any such deviations for that particular Council. [61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 75 FR 59149, Sept. 27, 2010] § 600.117 Council coordination com mittee (CCC). (a) The Councils may establish a Council coordination committee (CCC) consisting of the chairs, vice chairs, and executive directors of each of the eight Councils or other Council mem bers or staff, in order to discuss issues of relevance to all Councils. (b) The CCC is not subject to the re quirements of the Federal Advisory Committee Act (5 U.S.C. App. 2). Proce dures for announcing and conducting open and closed meetings of the CCC shall be in accordance with § 600.135. [75 FR 59150, Sept. 27, 2010] § 600.120 Employment practices. (a) Council staff positions must be filled solely on the basis of merit, fit ness for duty, competence, and quali fications. Employment actions must be free from discrimination based on race, religion, color, national origin, sex, age, disability, reprisal, sexual orienta tion, status as a parent, or on any addi tional bases protected by applicable Federal, state, or local law. (b) The annual pay rates for Council staff positions shall be consistent with the pay rates established for General Schedule Federal employees as set forth in 5 U.S.C. 5332, and the Alter native Personnel Management System for the U.S. Department of Commerce (62 FR 67434). The Councils have the discretion to adjust pay rates and pay increases based on cost of living (COLA) differentials in their geo graphic locations. COLA adjustments in pay rates and pay increases may be provided for staff members whose post of duty is located in Alaska, Hawaii, Guam, the U.S. Virgin Islands, the Northern Mariana Islands, and Puerto Rico. 18 50 CFR Ch. VI (10–1–22 Edition) § 600.125 (1) No pay adjustment based on geo graphic location shall exceed the COLA and locality pay adjustments available to Federal employees in the same geo graphic area. (2) [Reserved] (c) Salary increases funded in lieu of life and medical/dental policies are not permitted. (d) Unused sick leave may be accu mulated without limit, or up to a max imum number of days and contribution per day, as specified by the Council in its SOPP. Distributions of accumulated funds for unused sick leave may be made to the employee upon his or her retirement, or to his or her estate upon his or her death, as established by the Council in its SOPP. (e) Each Council may pay for unused annual leave upon separation, retire ment, or death of an employee. (f) One or more accounts shall be maintained to pay for unused sick or annual leave as authorized under para graphs (d) and (e) of this section, and will be funded from the Council’s an nual operating allowances. Councils have the option to deposit funds into these account(s) at the end of the budg et period if unobligated balances re main. Interest earned on these ac count(s) will be maintained in the ac count(s), along with the principal, for the purpose of payment of unused an nual and sick leave only. These ac count(s), including interest, may be carried over from year to year. Budg eting for accrued leave will be identi fied in the ‘‘Other’’ object class cat egories section of the SF–424A. (g) A Council must notify the NOAA Office of General Counsel before seek ing outside legal advice, which may be for technical assistance not available from NOAA. If the Council is seeking legal services in connection with an employment practices question, the Council must first notify the Depart ment of Commerce’s Office of the As sistant General Counsel for Adminis tration, Employment and Labor Law Division. A Council may not contract for the provision of legal services on a continuing basis. [66 FR 57886, Nov. 19, 2001] § 600.125 Budgeting, funding, and ac counting. (a) Council grant activities are gov erned by 15 CFR part 14 (Uniform Ad ministrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and other Non-Profit and Commercial Organiza tions), 2 CFR part 230 (Cost Principles for Non-Profit Organizations), 15 CFR part 14 (Audit Requirements for Insti tutions of Higher Education and Other Non-Profit Organizations), and the terms and conditions of the coopera tive agreement. (b) Councils may not independently enter into agreements, including grants, contracts, or cooperative agree ments, whereby they will receive funds for services rendered. All such agree ments must be approved and entered into by NOAA on behalf of the Coun cils. (c) Councils are not authorized to ac cept gifts or contributions directly. All such donations must be directed to the NMFS Regional Administrator in ac cordance with applicable Department of Commerce regulations. [66 FR 57887, Nov. 19, 2001, as amended at 75 FR 59150, Sept. 27, 2010] § 600.130 Protection of confidentiality of statistics. Each Council must establish appro priate procedures for ensuring the con fidentiality of the statistics that may be submitted to it by Federal or state authorities and may be voluntarily submitted to it by private persons, in cluding, but not limited to (also see § 600.405): (a) Procedures for the restriction of Council member, employee, or advisory group access and the prevention of con flicts of interest, except that such pro cedures must be consistent with proce dures of the Secretary. (b) In the case of statistics submitted to the Council by a state, the confiden tiality laws and regulations of that state. § 600.133 Scientific and Statistical Committee (SSC). (a) Each Council shall establish, maintain, and appoint the members of an SSC to assist it in the development, collection, evaluation, and peer review 19 Fishery Conservation and Management § 600.135 of such statistical, biological, eco nomic, social, and other scientific in formation as is relevant to such Coun cil’s development and amendment of any fishery management plan. (b) Each SSC shall provide its Coun cil ongoing scientific advice for fishery management decisions, including rec ommendations for acceptable biologi cal catch, preventing overfishing, max imum sustainable yield, and achieving rebuilding targets, and reports on stock status and health, bycatch, habi tat status, social and economic im pacts of management measures, and sustainability of fishing practices. (c) Members appointed by the Coun cils to the SSCs shall be Federal em ployees, State employees, academi cians, or independent experts and shall have strong scientific or technical cre dentials and experience. (d) An SSC shall hold its meetings in conjunction with the meetings of the Council, to the extent practicable. [75 FR 59150, Sept. 27, 2010] § 600.134 Stipends. Stipends are available, subject to the availability of appropriations, to mem bers of committees formally designated as SSCs under Sec. 301(g)(1)(a) or APs under Sec. 302(g)(2) of the Magnuson Stevens Act who are not employed by the Federal Government or a State ma rine fisheries agency. For the purposes of this section, a state marine fisheries agency includes any state or tribal agency that has conservation, manage ment, or enforcement responsibility for any marine fishery resource. [75 FR 59150, Sept. 27, 2010] § 600.135 Meeting procedures. (a) Regular meetings. Public notice of a regular meeting, including the meet ing agenda, of each Council, CCC, SSC, AP, FIAC, or other committees estab lished under Magnuson-Stevens Act, Sec. 302(g), must be published in the FEDERAL REGISTER at least 14 calendar days prior to the meeting date. Appro priate notice by any means that will result in wide publicity in the major fishing ports of the region (and in other major fishing ports having a direct in terest in the affected fishery) must be given. E-mail notification and website postings alone are not sufficient. The published agenda of a regular meeting may not be modified to include addi tional matters for Council action with out public notice given at least 14 cal endar days prior to the meeting date, unless such modification is necessary to address an emergency under section 305(c) of the Magnuson-Stevens Act, in which case public notice shall be given immediately. Drafts of all regular pub lic meeting notices must be received by NMFS headquarters office at least 23 calendar days before the first day of the regular meeting. Councils must en sure that all public meetings are acces sible to persons with disabilities, and that the public can make timely re quests for language interpreters or other auxiliary aids at public meetings. (b) Emergency meetings. Drafts of emergency public notices must be transmitted to the NMFS headquarters office at least 5 working days prior to the first day of the emergency meeting. Although notices of and agendas for emergency meetings are not required to be published in the FEDERAL REG ISTER, notices of emergency meetings must be promptly announced through any means that will result in wide pub licity in the major fishing ports of the region. E-mail notification and website postings alone are not sufficient. (c) Closed meetings. After proper noti fication by any means that will result in wide publicity in the major fishing ports within the region and, having in cluded in the notification the time and place of the meeting and the reason for closing any meeting or portion thereof to the public, a Council, CCC, SSC, AP, FIAC, or other committees: (1) Must close any meeting, or por tion thereof, that concerns information bearing a national security classifica tion. (2) May close any meeting, or portion thereof, that concerns matters or infor mation pertaining to national security, employment matters, or briefings on litigation in which the Council is inter ested. (3) May close any meeting, or portion thereof, that concerns internal admin istrative matters other than employ ment. Examples of other internal ad ministrative matters include can didates for appointment to AP, SSC, 20 50 CFR Ch. VI (10–1–22 Edition) § 600.140 and other subsidiary bodies and public decorum or medical conditions of mem bers of a Council or its subsidiary bod ies. In deciding whether to close a por tion of a meeting to discuss internal administrative matters, the Council, CCC, SSC, AP, FIAC, or other commit tees should consider not only the pri vacy interests of individuals whose conduct or qualifications may be dis cussed, but also the interest of the pub lic in being informed of Council oper ations and actions. (d) Without the notice required by paragraph (c) of this section, a Council, CCC, SSC, AP, FIAC, or other commit tees may briefly close a portion of a meeting to discuss employment or other internal administrative matters. The closed portion of a meeting that is closed without notice may not exceed two hours. (e) Before closing a meeting or por tion thereof, the Council, CCC, SSC, AP, FIAC, or other committees should consult with the NOAA Office of Gen eral Counsel to ensure that the matters to be discussed fall within the excep tions to the requirement to hold public meetings described in paragraph (c) of this section. (f) Actions that affect the public, al though based on discussions in closed meetings, must be taken in public. For example, appointments to an AP must be made in the public part of the meet ing; however, a decision to take dis ciplinary action against a Council em ployee need not be announced to the public. (g) A majority of the voting members of any Council constitute a quorum for Council meetings, but one or more such members designated by the Council may hold hearings. (h) Decisions of any Council are by majority vote of the voting members present and voting (except for a vote to propose removal of a Council member, see 50 CFR 600.230). Voting by proxy is permitted only pursuant to 50 CFR 600.205 (b). An abstention does not af fect the unanimity of a vote. (i) Voting members of the Council who disagree with the majority on any issue to be submitted to the Secretary, including principal state officials rais ing federalism issues, may submit a written statement of their reasons for dissent. If any Council member elects to file such a statement, it should be submitted to the Secretary at the same time the majority report is submitted. [66 FR 57887, Nov. 19, 2001, as amended at 75 FR 59150, Sept. 27, 2010] § 600.140 Procedure for proposed regu lations. (a) Each Council must establish a written procedure for proposed regula tions consistent with section 303(c) of the Magnuson-Stevens Act. The proce dure must describe how the Council deems proposed regulations necessary or appropriate for the purposes of im plementing a fishery management plan or a plan amendment, or making modi fications to regulations implementing a fishery management plan or plan amendment. In addition, the procedure must describe how the Council submits proposed regulations to the Secretary. (b) The Councils must include the procedure for proposed regulations in its SOPP, see § 600.115, or other written documentation that is available to the public. [75 FR 59150, Sept. 27, 2010] § 600.150 Disposition of records. (a) Council records must be handled in accordance with NOAA records man agement office procedures. All records and documents created or received by Council employees while in active duty status belong to the Federal Govern ment. When employees leave the Coun cil, they may not take the original or file copies of records with them. (b) Each Council is required to main tain documents generally available to the public on its Internet site. Docu ments for posting must include: fishery management plans and their amend ments for the fisheries for which the Council is responsible, drafts of fishery management plans and plan amend ments under consideration, analysis of actions the Council has under review, minutes or official reports of past meetings of the Council and its com mittees, materials provided by the Council staff to Council members in preparation for meetings, and other Council documents of interest to the public. For documents too large to maintain on the Web site, not available 21 Fishery Conservation and Management § 600.207 electronically, or seldom requested, the Council must provide copies of the documents for viewing at the Council office during regular business hours or may provide the documents through the mail. [66 FR 57887, Nov. 19, 2001, as amended at 75 FR 59151, Sept. 27, 2010] § 600.155 Freedom of Information Act (FOIA) requests. (a) FOIA requests received by a Coun cil should be coordinated promptly with the appropriate NMFS Regional Office. The Region will forward the re quest to the NOAA FOIA Officer to se cure a FOIA number and log the re quest into FOIAonline. The Region will also obtain clearance from the NOAA General Counsel’s Office concerning initial determination for denial of re quested information. (b) FOIA request processing will be controlled and documented in the Re gion. The requests should be forwarded to the NOAA FOIA Officer who will enter the request into FOIAonline. The request will be assigned an official FOIA number and due date. In the event the Region determines that the requested information is exempt from disclosure, in full or in part, under the FOIA, the denial letter prepared for the Assistant Administrator’s signature, along with the ‘‘Foreseeable Harm’’ Memo and list of documents to be with held, must be cleared through the NMFS FOIA Liaison. Upon completion, a copy of the signed letter transmit ting the information to the requester should be posted to FOIAonline by NMFS. [80 FR 57738, Sept. 25, 2015] Subpart C—Council Membership § 600.205 Principal state officials and their designees. (a) Only a full-time state employee of the state agency responsible for marine and/or anadromous fisheries shall be appointed by a constituent state Gov ernor as the principal state official for purposes of section 302(b) of the Magnu son-Stevens Act. (b) A principal state official may name his/her designee(s) to act on his/ her behalf at Council meetings. Indi viduals designated to serve as des ignees of a principal state official on a Council, pursuant to section 302(b)(1)(A) of the Magnuson-Stevens Act, must be a resident of the state and be knowledgeable and experienced, by reason of his or her occupational or other experience, scientific expertise, or training, in the fishery resources of the geographic area of concern to the Council. (c) New or revised appointments by state Governors of principal state offi cials and new or revised designations by principal state officials of their des ignees(s) must be delivered in writing to the appropriate NMFS Regional Ad ministrator and the Council chair at least 48 hours before the individual may vote on any issue before the Coun cil. A designee may not name another designee. Written appointment of the principal state official must indicate his or her employment status, how the official is employed by the state fish eries agency, and whether the official’s full salary is paid by the state. Written designation(s) by the principal state of ficial must indicate how the designee is knowledgeable and experienced in fish ery resources of the geographic area of concern to the Council, the County in which the designee resides, and wheth er the designee’s salary is paid by the state. [66 FR 57888, Nov. 19, 2001] § 600.207 Pacific Fishery Management Council Tribal Indian representa tive and alternate. (a) The tribal Indian representative to the Pacific Fishery Management Council may designate an alternate during the period of the representa tive’s term. The designee must be knowledgeable concerning tribal rights, tribal law, and the fishery re sources of the geographical area con cerned. (b) New or revised designations of an alternate by the tribal Indian rep resentative must be delivered in writ ing to the appropriate NMFS Regional Administrator and the Council chair at least 48 hours before the designee may vote on any issue before the Council. In that written document, the tribal In dian representative must indicate how