50 CFR § 600.750-600.760 - Magnuson-Stevens Act Provisions - Fishery Negotiation Panels

125 Fishery Conservation and Management § 600.751 to obtain approval or a permit to de ploy a person in any mandatory or vol untary observer program, or regula tions that specify approved or per mitted observer provider responsibil ities, NMFS must reference and ensure compliance with the following national minimum insurance standard. (b) Policies and Coverage Amounts. (1) Marine General Liability ($1 million any one occurrence or as provided under paragraph (d) of this section). (2) Marine Employers Liability ($1 million any one occurrence or as pro vided under paragraph (d) of this sec tion) for an observer provider that is authorized, or has applied to be author ized, to deploy observers or monitors at-sea. (3) State workers’ compensation as required by each state in which the ob server provider is authorized, or has applied to be authorized, to deploy ob servers or monitors at-sea or shoreside. (4) U.S. Longshore and Harbor Work ers’ Act coverage, either as a stand alone policy or as a state workers’ compensation policy endorsement, if that policy or a policy endorsement is required by the respective state(s) in which the observer provider is author ized, or has applied to be authorized, to deploy observers or monitors at-sea or shoreside. (5) Excess or umbrella coverage ($2 million any one occurrence). (c) Scope of coverages. Coverage must extend to injury, liability, and acci dental death during the period of em ployment, including training, of ob servers or monitors at-sea or shoreside. (d) Combined coverage amounts. Cov erage amounts specified for Marine General Liability and Marine Employ ers Liability may be higher or lower for each respective policy so long as the combined coverage for these poli cies is $2 million. [87 FR 54909, Sept. 8, 2022] Subpart I—Fishery Negotiation Panels SOURCE: 62 FR 23669, May 1, 1997, unless otherwise noted. § 600.750 Definitions. Consensus means unanimous concur rence among the members on a Fishery Negotiation Panel established under this rule, unless such Panel: (1) Agrees to define such term to mean a general but not unanimous con currence; or (2) agrees upon another specified defi nition. Fishery negotiation panel (FNP) means an advisory committee established by one or more Councils or the Secretary in accordance with these regulations to assist in the development of fishery conservation and management meas ures. Interest means, with respect to an issue or matter, multiple parties that have a similar point of view or that are likely to be affected in a similar man ner. Report means a document submitted by an FNP in accordance with the Mag nuson-Stevens Act. [62 FR 23669, May 1, 1997, as amended at 63 FR 7075, Feb. 12, 1998] § 600.751 Determination of need for a fishery negotiation panel. A Council or NMFS may establish an FNP to assist in the development of specific fishery conservation and man agement measures. In determining whether to establish an FNP, NMFS or the Council, as appropriate, shall con sider whether: (a) There is a need for specific fishery conservation and management meas ures. (b) There are a limited number of identifiable interests that will be sig nificantly affected by the conservation and management measure. (c) There is a reasonable likelihood that an FNP can be convened with a balanced representation of persons who: (1) Can adequately represent the in terests identified under paragraph (b) of this section. (2) Are willing to negotiate in good faith to reach a consensus on a report regarding the issues presented. (d) There is a reasonable likelihood that an FNP will reach a consensus on a report regarding the issues presented within 1 year from date of establish ment of the FNP. 126 50 CFR Ch. VI (10–1–22 Edition) § 600.752 (e) The use of an FNP will not unrea sonably delay Council or NMFS fishery management plan development or rule making procedures. (f) The costs of establishment and op eration of an FNP are reasonable when compared to fishery management plan development or rulemaking procedures that do not use FNP procedures. (g) The Council or NMFS has ade quate resources and is willing to com mit such resources, including technical assistance, to an FNP. (h) The use of an FNP is in the public interest. § 600.752 Use of conveners and facilitators. (a) Purposes of conveners. A Council or NMFS may use the services of a trained convener to assist the Council or NMFS in: (1) Conducting discussions to identify the issues of concern, and to ascertain whether the establishment of an FNP regarding such matter is fea sible and appropriate. (2) Identifying persons who will be significantly affected by the issues pre sented in paragraph (a)(1) of this sec tion. (b) Duties of conveners. The convener shall report findings under paragraph (a)(2) of this section and shall make recommendations to the Council or NMFS. Upon request of the Council or NMFS, the convener shall ascertain the names of persons who are willing and qualified to represent interests that will be significantly affected by the potential conservation and man agement measures relevant to the issues to be negotiated. The report and any recommendations of the convener shall be made available to the public upon request. (c) Selection of facilitator. Notwith standing section 10(e) of the Federal Advisory Committee Act (FACA), a Council or NMFS may nominate a per son trained in facilitation either from the Federal Government or from out side the Federal Government to serve as an impartial, neutral facilitator for the negotiations of the FNP, subject to the approval of the FNP, by consensus. The facilitator may be the same person as the convener used under paragraph (a) of this section. If the FNP does not approve the nominee of the Council or NMFS for facilitator, the FNP shall submit a substitute nomination. If an FNP does not approve any nominee of the Council or NMFS for facilitator, the FNP shall select, by consensus, a person to serve as facilitator. A person designated to represent the Council or NMFS in substantive issues may not serve as facilitator or otherwise chair the FNP. (d) Roles and duties of facilitator. A facilitator shall: (1) Chair the meetings of the FNP in an impartial manner. (2) Impartially assist the members of the FNP in conducting discussions and negotiations. (3) Manage the keeping of minutes and records as required under section 10(b) and (c) of FACA. § 600.753 Notice of intent to establish a fishery negotiation panel. (a) Publication of notice. If, after con sidering the report of a convener or conducting its own assessment, a Coun cil or NMFS decides to establish an FNP, NMFS shall publish in the FED ERAL REGISTER and, as appropriate, in trade or other specialized publications, a document that shall include: (1) An announcement that the Coun cil or NMFS intends to establish an FNP to negotiate and develop a report concerning specific conservation and management measures. (2) A description of the subject and scope of the conservation and manage ment measure, and the issues to be considered. (3) A list of the interests that are likely to be significantly affected by the conservation and management measure. (4) A list of the persons proposed to represent such interests and the person or persons proposed to represent the Council or NMFS. (5) A proposed agenda and schedule for completing the work of the FNP. (6) A description of administrative support for the FNP to be provided by the Council or NMFS, including tech nical assistance. (7) A solicitation for comments on the proposal to establish the FNP, and the proposed membership of the FNP. (8) An explanation of how a person may apply or nominate another person 127 Fishery Conservation and Management § 600.756 for membership on the FNP, as pro vided under paragraph (b) of this sec tion. (b) Nomination of members and public comment. Persons who may be signifi cantly affected by the development of conservation and management measure and who believe that their interests will not be adequately represented by any person specified in a document under paragraph (a)(4) of this section may apply for, or nominate another person for, membership on the FNP to represent such interests. Each applica tion or nomination shall include: (1) The name of the applicant or nominee and a description of the inter ests such person shall represent. (2) Evidence that the applicant or nominee is authorized to represent par ties related to the interests the person proposes to represent. (3) A written commitment that the applicant or nominee shall actively participate in good faith in the devel opment of the conservation and man agement measure under consideration. (4) The reasons that the persons spec ified in the document under paragraph (a)(4) of this section do not adequately represent the interests of the person submitting the application or nomina tion. (c) Public comment. The Council or NMFS shall provide at least 30 cal endar days for the submission of com ments and applications under this sec tion. § 600.754 Decision to establish a fish ery negotiation panel. (a) Determination to establish an FNP. If, after considering comments and ap plications submitted under § 600.753, the Council or NMFS determines that an FNP can adequately represent the in terests that will be significantly af fected and that it is feasible and appro priate in the particular case, the Coun cil or NMFS may establish an FNP. (b) Determination not to establish FNP. If, after considering such comments and applications, the Council or NMFS decides not to establish an FNP, the Council or NMFS shall promptly pub lish notification of such decision and the reasons therefor in the FEDERAL REGISTER and, as appropriate, in trade or other specialized publications, a copy of which shall be sent to any per son who applied for, or nominated an other person for membership on the FNP to represent such interests with respect to the issues of concern. § 600.755 Establishment of a fishery negotiation panel. (a) General authority. (1) A Council may establish an FNP to assist in the development of specific conservation and management measures for a fish ery under its authority. (2) NMFS may establish an FNP to assist in the development of specific conservation and management meas ures required for: (i) A fishery for which the Secretary has authority under section 304(e)(5) of the Magnuson-Stevens Act, regarding rebuilding of overfished fisheries; (ii) A fishery for which the Secretary has authority under 16 U.S.C. section 304(g), regarding highly migratory spe cies; or (iii) Any fishery with the approval of the appropriate Council. (b) Federal Advisory Committee Act (FACA) In establishing and admin istering such an FNP, the Council or NMFS shall comply with the FACA with respect to such FNP. (c) Balance. Each potentially affected organization or individual does not necessarily have to have its own rep resentative, but each interest must be adequately represented. The intent is to have a group that as a whole reflects a proper balance and mix of interests. Representatives must agree, in writing, to negotiate in good faith. (d) Membership. The Council or NMFS shall limit membership on an FNP to no more than 25 members, unless the Council or NMFS determines that a greater number of members is nec essary for the functioning of the FNP or to achieve balanced membership. Each FNP shall include at least one person representing the Council in ad dition to at least one person rep resenting NMFS. § 600.756 Conduct and operation of a fishery negotiation panel. (a) Roles and duties of an FNP. Each FNP shall consider the issue proposed 128 50 CFR Ch. VI (10–1–22 Edition) § 600.757 by the Council or NMFS for consider ation and shall attempt to reach a con sensus concerning a report to assist in the development of a conservation and management measure with respect to such matter and any other matter the FNP determines is relevant to the de velopment of a conservation and man agement measure. An FNP may adopt procedures for the operation of the FNP. (b) Roles and duties of representative of the council or NMFS. The person or per sons representing the Council or NMFS on an FNP shall participate in the de liberations and activities of the FNP with the same rights and responsibil ities as other members of the FNP, and shall be authorized to fully represent the Council or NMFS in the discussions and negotiations of the FNP. § 600.757 Operational protocols. (a) Services of conveners and facilitators. A Council or NMFS may employ or enter into contracts for the services of an individual or organiza tion to serve as a convener or facilitator for an FNP established under § 600.755, or may use the services of a government employee to act as a convener or a facilitator for such an FNP. (b) Councils. For an FNP proposed and established by one or more Coun cils approved expenses shall be paid out of the Council’s operating budget. (c) Expenses of FNP members. Members of an FNP shall be responsible for their own expenses of participation in such an FNP, except that NMFS or the Council may, in accordance with sec tion 7(d) of FACA, pay for a member’s reasonable travel and per diem ex penses, and a reasonable rate of com pensation, if: (1) Such member certifies a lack of adequate financial resources to partici pate in the FNP. (2) The Council or NMFS determines that such member’s participation in the FNP is necessary to assure an ade quate representation of the member’s interest. (d) Administrative support. The Coun cil or NMFS shall provide appropriate administrative support to an FNP in cluding technical assistance. § 600.758 Preparation of report. (a) At the conclusion of the negotia tions, an FNP may submit a report. Such report shall specify: (1) All the areas where consensus was reached by the FNP, including, if ap propriate, proposed conservation and management measures. (2) Any other information submitted by members of the FNP. (b) Upon receipt of the report, the Council or NMFS shall publish such re port in the FEDERAL REGISTER for pub lic comment. § 600.759 Use of report. A Council or NMFS may, at its dis cretion, use all or a part of a report prepared in accordance with § 600.758 in the development of conservation and management measures. Neither a Council nor NMFS, whichever is appro priate, is required to use such report. § 600.760 Fishery Negotiation Panel lifetime. (a) An FNP shall terminate upon ei ther: (1) Submission of a report prepared in accordance with § 600.758; or (2) Submission of a written state ment from the FNP to the Council or NMFS that no consensus can be reached. (b) In no event shall an FNP exist for longer than 1 year from the date of es tablishment unless granted an exten sion. Upon written request by the FNP to the Council or NMFS, and written authorization from the Council or NMFS (whichever is appropriate), the Secretary may authorize an extension for a period not to exceed 6 months. No more than one extension may be grant ed per FNP. Subpart J—Essential Fish Habitat (EFH) SOURCE: 67 FR 2376, Jan. 17, 2002, unless otherwise noted. § 600.805 Purpose and scope. (a) Purpose. This subpart provides guidelines for Councils and the Sec retary to use in adding the required