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162 rows where part_number = 600 and title_number = 50 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 50:50:12.0.1.1.1.1.1.1 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | A | Subpart A—General | § 600.5 Purpose and scope. | FWS | [61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 65 FR 31443, May 18, 2000] | (a) This part contains general provisions governing the operation of the eight Regional Fishery Management Councils established by the Magnuson-Stevens Act and describes the Secretary's role and responsibilities under the Act. The Councils are institutions created by Federal law and must conform to the uniform standards established by the Secretary in this part. (b) This part also governs all foreign fishing under the Magnuson-Stevens Act, prescribes procedures for the conduct of preemption hearings under section 306(b) of the Magnuson-Stevens Act, and collects the general provisions common to all domestic fisheries governed by this chapter. (c) This part also governs fishing capacity reduction programs under the Magnuson-Stevens Act. | ||||
| 50:50:12.0.1.1.1.1.1.2 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | A | Subpart A—General | § 600.10 Definitions. | FWS | [61 FR 32540, June 24, 1996, as amended at 62 FR 14646, Mar. 27, 1997; 62 FR 66551, Dec. 19, 1997; 63 FR 7073, 7075, Feb. 12, 1998; 64 FR 4036, Jan. 27, 1999; 64 FR 29133, May 28, 1999; 64 FR 67516, Dec. 2, 1999; 67 FR 2375, Jan. 17, 2002; 67 FR 64312, Oct. 18, 2002; 69 FR 30240, May 27, 2004; 73 FR 67810, Nov. 17, 2008; 74 FR 42792, Aug. 25, 2009; 75 FR 59149, Sept. 27, 2010; 75 FR 57701, Sept. 22, 2010; 89 FR 12286, Feb. 16, 2024; 89 FR 102013, Dec. 17, 2024] | Unless defined otherwise in other parts of Chapter VI, the terms in this chapter have the following meanings: Administrator means the Administrator of NOAA (Under Secretary of Commerce for Oceans and Atmosphere) or a designee. Advisory group means a Scientific and Statistical Committee (SSC), Fishing Industry Advisory Committee (FIAC), or Advisory Panel (AP) established by a Council under the Magnuson-Stevens Act. Advisory panel (AP) means a committee formed, selected, and formally designated as a Magnuson-Stevens Act Section 302(g)(2) advisory panel by the Council's Statement of organization, practices, and procedures (SOPP), or by a formal charge to the committee made by the chair and recorded in the Council's minutes, to assist it in carrying out its functions. An AP may include individuals who are not members of the Council. Agent, for the purpose of foreign fishing (subpart F), means a person appointed and maintained within the United States who is authorized to receive and respond to any legal process issued in the United States to an owner and/or operator of a vessel operating under a permit and of any other vessel of that Nation fishing subject to the jurisdiction of the United States. Any diplomatic official accepting such an appointment as designated agent waives diplomatic or other immunity in connection with such process. Aggregate or summary form means information structured in such a way that the identity or business of any person (defined at 16 U.S.C. 1802(36)) who submitted the information cannot be directly or indirectly determined either from the present release of the information or in combination with other releases. Albacore means the species Thunnus alalunga, or a part thereof. Allocated species means any species or species group allocated to a foreign nation under § 600.517 for catching by vessels of that Nation. Allocation means direct and deliberate distribution of the opportunity to participate in a fishery among identifiable, discrete user groups or individuals. Allow… | ||||
| 50:50:12.0.1.1.1.1.1.3 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | A | Subpart A—General | § 600.15 Other acronyms. | FWS | [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] | (a) Fishery management terms. (1) ABC—acceptable biological catch (2) ATCA -Atlantic Tunas Convention Act (3) BFT (Atlantic bluefin tuna) means the subspecies of bluefin tuna, Thunnus thynnus thynnus, or a part thereof, that occurs in the Atlantic Ocean. (4) BSD means the ICCAT bluefin tuna statistical document. (5) CCC-Council coordination committee (6) DAH—estimated domestic annual harvest (7) DAP—estimated domestic annual processing (8) EIS—environmental impact statement (9) EY—equilibrium yield (10) FIAC-Fishing industry advisory committee (11) FMP—fishery management plan (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—Administrative Procedure Act (2) CZMA—Coastal Zone Management Act (3) ESA—Endangered Species Act (4) FACA—Federal Advisory Committee Act (5) FOIA—Freedom of Information Act (6) FLSA—Fair Labor Standards Act (7) MMPA—Marine Mammal Protection Act (8) MPRSA—Marine Protection, Research, 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 Administration (8) NMFS—National Marine Fisheries Service (9) NOAA—National Oceanic and Atmospheric Administration (10) OMB—Office of Management and Budget (11) OPM—Office of Personnel Management (12) SBA—Small Business Administration (13) USCG—United States Coast Guard | ||||
| 50:50:12.0.1.1.1.10.1.1 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | J | Subpart J—Essential Fish Habitat (EFH) | § 600.805 Purpose and scope. | FWS | (a) Purpose. This subpart provides guidelines for Councils and the Secretary to use in adding the required EFH provisions to an FMP, i.e., description and identification of EFH, adverse effects on EFH (including minimizing, to the extent practicable, adverse effects from fishing), and actions to conserve and enhance EFH. (b) Scope —(1) Species covered. An EFH provision in an FMP must include all fish species in the fishery management unit (FMU). An FMP may describe, identify, and protect the habitat of species not in an FMU; however, such habitat may not be considered EFH for the purposes of sections 303(a)(7) and 305(b) of the Magnuson-Stevens Act. (2) Geographic. EFH may be described and identified in waters of the United States, as defined in 33 CFR 328.3, and in the exclusive economic zone, as defined in § 600.10. Councils may describe, identify, and protect habitats of managed species beyond the exclusive economic zone; however, such habitat may not be considered EFH for the purposes of sections 303(a)(7) and 305(b) of the Magnuson-Stevens Act. Activities that may adversely affect such habitat can be addressed through any process conducted in accordance with international agreements between the United States and the foreign nation(s) undertaking or authorizing the action. | |||||
| 50:50:12.0.1.1.1.10.1.2 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | J | Subpart J—Essential Fish Habitat (EFH) | § 600.810 Definitions and word usage. | FWS | (a) Definitions. In addition to the definitions in the Magnuson-Stevens Act and § 600.10, the terms in this subpart have the following meanings: Adverse effect means any impact that reduces quality and/or quantity of EFH. Adverse effects may include direct or indirect physical, chemical, or biological alterations of the waters or substrate and loss of, or injury to, benthic organisms, prey species and their habitat, and other ecosystem components, if such modifications reduce the quality and/or quantity of EFH. Adverse effects to EFH may result from actions occurring within EFH or outside of EFH and may include site-specific or habitat-wide impacts, including individual, cumulative, or synergistic consequences of actions. Council includes the Secretary, as applicable, when preparing FMPs or amendments under sections 304(c) and (g) of the Magnuson-Stevens Act. Ecosystem means communities of organisms interacting with one another and with the chemical and physical factors making up their environment. Habitat areas of particular concern means those areas of EFH identified pursuant to § 600.815(a)(8). Healthy ecosystem means an ecosystem where ecological productive capacity is maintained, diversity of the flora and fauna is preserved, and the ecosystem retains the ability to regulate itself. Such an ecosystem should be similar to comparable, undisturbed ecosystems with regard to standing crop, productivity, nutrient dynamics, trophic structure, species richness, stability, resilience, contamination levels, and the frequency of diseased organisms. Overfished means any stock or stock complex, the status of which is reported as overfished by the Secretary pursuant to section 304(e)(1) of the Magnuson-Stevens Act. (b) Word usage. The terms “must”, “shall”, “should”, “may”, “may not”, “will”, “could”, and “can” are used in the same manner as in § 600.305(c). | |||||
| 50:50:12.0.1.1.1.10.1.3 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | J | Subpart J—Essential Fish Habitat (EFH) | § 600.815 Contents of Fishery Management Plans. | FWS | (a) Mandatory contents —(1) Description and identification of EFH —(i) Overview. FMPs must describe and identify EFH in text that clearly states the habitats or habitat types determined to be EFH for each life stage of the managed species. FMPs should explain the physical, biological, and chemical characteristics of EFH and, if known, how these characteristics influence the use of EFH by the species/life stage. FMPs must identify the specific geographic location or extent of habitats described as EFH. FMPs must include maps of the geographic locations of EFH or the geographic boundaries within which EFH for each species and life stage is found. (ii) Habitat information by life stage. (A) Councils need basic information to understand the usage of various habitats by each managed species. Pertinent information includes the geographic range and habitat requirements by life stage, the distribution and characteristics of those habitats, and current and historic stock size as it affects occurrence in available habitats. FMPs should summarize the life history information necessary to understand each species' relationship to, or dependence on, its various habitats, using text, tables, and figures, as appropriate. FMPs should document patterns of temporal and spatial variation in the distribution of each major life stage (defined by developmental and functional shifts) to aid in understanding habitat needs. FMPs should summarize (e.g., in tables) all available information on environmental and habitat variables that control or limit distribution, abundance, reproduction, growth, survival, and productivity of the managed species. The information should be supported with citations. (B) Councils should obtain information to describe and identify EFH from the best available sources, including peer-reviewed literature, unpublished scientific reports, data files of government resource agencies, fisheries landing reports, and other sources of information. Councils should consider different types of information according t… | |||||
| 50:50:12.0.1.1.1.11.1.1 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | K | Subpart K—EFH Coordination, Consultation, and Recommendations | § 600.905 Purpose, scope, and NMFS/Council cooperation. | FWS | (a) Purpose. These procedures address the coordination, consultation, and recommendation requirements of sections 305(b)(1)(D) and 305(b)(2-4) of the Magnuson-Stevens Act. The purpose of these procedures is to promote the protection of EFH in the review of Federal and state actions that may adversely affect EFH. (b) Scope. Section 305(b)(1)(D) of the Magnuson-Stevens Act requires the Secretary to coordinate with, and provide information to, other Federal agencies regarding the conservation and enhancement of EFH. Section 305(b)(2) requires all Federal agencies to consult with the Secretary on all actions or proposed actions authorized, funded, or undertaken by the agency that may adversely affect EFH. Sections 305(b)(3) and (4) direct the Secretary and the Councils to provide comments and EFH Conservation Recommendations to Federal or state agencies on actions that affect EFH. Such recommendations may include measures to avoid, minimize, mitigate, or otherwise offset adverse effects on EFH resulting from actions or proposed actions authorized, funded, or undertaken by that agency. Section 305(b)(4)(B) requires Federal agencies to respond in writing to such comments. The following procedures for coordination, consultation, and recommendations allow all parties involved to understand and implement the requirements of the Magnuson-Stevens Act. (c) Cooperation between Councils and NMFS. The Councils and NMFS should cooperate closely to identify actions that may adversely affect EFH, to develop comments and EFH Conservation Recommendations to Federal and state agencies, and to provide EFH information to Federal and state agencies. NMFS will work with each Council to share information and to coordinate Council and NMFS comments and recommendations on actions that may adversely affect EFH. However, NMFS and the Councils also have the authority to act independently. | |||||
| 50:50:12.0.1.1.1.11.1.2 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | K | Subpart K—EFH Coordination, Consultation, and Recommendations | § 600.910 Definitions and word usage. | FWS | (a) Definitions. In addition to the definitions in the Magnuson-Stevens Act and § 600.10, the terms in this subpart have the following meanings: Adverse effect means any impact that reduces quality and/or quantity of EFH. Adverse effects may include direct or indirect physical, chemical, or biological alterations of the waters or substrate and loss of, or injury to, benthic organisms, prey species and their habitat, and other ecosystem components, if such modifications reduce the quality and/or quantity of EFH. Adverse effects to EFH may result from actions occurring within EFH or outside of EFH and may include site-specific or habitat-wide impacts, including individual, cumulative, or synergistic consequences of actions. Anadromous fishery resource under Council authority means an anadromous species managed under an FMP. Federal action means any action authorized, funded, or undertaken, or proposed to be authorized, funded, or undertaken by a Federal agency. Habitat areas of particular concern means those areas of EFH identified pursuant to § 600.815(a)(8). State action means any action authorized, funded, or undertaken, or proposed to be authorized, funded, or undertaken by a state agency. (b) Word usage. The terms “must”, “shall”, “should”, “may”, “may not”, “will”, “could”, and “can” are used in the same manner as in § 600.305(c). | |||||
| 50:50:12.0.1.1.1.11.1.3 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | K | Subpart K—EFH Coordination, Consultation, and Recommendations | § 600.915 Coordination for the conservation and enhancement of EFH. | FWS | To further the conservation and enhancement of EFH in accordance with section 305(b)(1)(D) of the Magnuson-Stevens Act, NMFS will compile and make available to other Federal and state agencies, and the general public, information on the locations of EFH, including maps and/or narrative descriptions. NMFS will also provide information on ways to improve ongoing Federal operations to promote the conservation and enhancement of EFH. Federal and state agencies empowered to authorize, fund, or undertake actions that may adversely affect EFH are encouraged to contact NMFS and the Councils to become familiar with areas designated as EFH, potential threats to EFH, and opportunities to promote the conservation and enhancement of EFH. | |||||
| 50:50:12.0.1.1.1.11.1.4 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | K | Subpart K—EFH Coordination, Consultation, and Recommendations | § 600.920 Federal agency consultation with the Secretary. | FWS | (a) Consultation generally —(1) Actions requiring consultation. Pursuant to section 305(b)(2) of the Magnuson-Stevens Act, Federal agencies must consult with NMFS regarding any of their actions authorized, funded, or undertaken, or proposed to be authorized, funded, or undertaken that may adversely affect EFH. EFH consultation is not required for actions that were completed prior to the approval of EFH designations by the Secretary, e.g., issued permits. Consultation is required for renewals, reviews, or substantial revisions of actions if the renewal, review, or revision may adversely affect EFH. Consultation on Federal programs delegated to non-Federal entities is required at the time of delegation, review, and renewal of the delegation. EFH consultation is required for any Federal funding of actions that may adversely affect EFH. NMFS and Federal agencies responsible for funding actions that may adversely affect EFH should consult on a programmatic level under paragraph (j) of this section, if appropriate, with respect to these actions. Consultation is required for emergency Federal actions that may adversely affect EFH, such as hazardous material clean-up, response to natural disasters, or actions to protect public safety. Federal agencies should contact NMFS early in emergency response planning, but may consult after-the-fact if consultation on an expedited basis is not practicable before taking the action. (2) Approaches for conducting consultation. Federal agencies may use one of the five approaches described in paragraphs (f) through (j) of this section to fulfill the EFH consultation requirements. The selection of a particular approach for handling EFH consultation depends on the nature and scope of the actions that may adversely affect EFH. Federal agencies should use the most efficient approach for EFH consultation that is appropriate for a given action or actions. The five approaches are: use of existing environmental review procedures, General Concurrence, abbreviated consultation, expanded con… | |||||
| 50:50:12.0.1.1.1.11.1.5 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | K | Subpart K—EFH Coordination, Consultation, and Recommendations | § 600.925 NMFS EFH Conservation Recommendations to Federal and state agencies. | FWS | (a) General. Under section 305(b)(4)(A) of the Magnuson-Stevens Act, NMFS is required to provide EFH Conservation Recommendations to Federal and state agencies for actions that would adversely affect EFH. NMFS will not recommend that state or Federal agencies take actions beyond their statutory authority. (b) Recommendations to Federal agencies. For Federal actions, EFH Conservation Recommendations will be provided to Federal agencies as part of EFH consultations conducted pursuant to § 600.920. If NMFS becomes aware of a Federal action that would adversely affect EFH, but for which a Federal agency has not initiated an EFH consultation, NMFS may request that the Federal agency initiate EFH consultation, or NMFS will provide EFH Conservation Recommendations based on the information available. (c) Recommendations to state agencies —(1) Establishment of procedures. The Magnuson-Stevens Act does not require state agencies to consult with the Secretary regarding EFH. NMFS will use existing coordination procedures or establish new procedures to identify state actions that may adversely affect EFH, and to determine the most appropriate method for providing EFH Conservation Recommendations to state agencies. (2) Coordination with states on recommendations to Federal agencies. When an action that would adversely affect EFH is authorized, funded, or undertaken by both Federal and state agencies, NMFS will provide the appropriate state agencies with copies of EFH Conservation Recommendations developed as part of the Federal consultation procedures in § 600.920. NMFS will also seek agreements on sharing information and copies of recommendations with Federal or state agencies conducting similar consultation and recommendation processes to ensure coordination of such efforts. (d) Coordination with Councils. NMFS will coordinate with each Council to identify the types of actions on which Councils intend to comment pursuant to section 305(b)(3) of the Magnuson-Stevens Act. For such actions NMFS will share pertine… | |||||
| 50:50:12.0.1.1.1.11.1.6 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | K | Subpart K—EFH Coordination, Consultation, and Recommendations | § 600.930 Council comments and recommendations to Federal and state agencies. | FWS | Under section 305(b)(3) of the Magnuson-Stevens Act, Councils may comment on and make recommendations to the Secretary and any Federal or state agency concerning any activity or proposed activity authorized, funded, or undertaken by the agency that, in the view of the Council, may affect the habitat, including EFH, of a fishery resource under its authority. Councils must provide such comments and recommendations concerning any activity that, in the view of the Council, is likely to substantially affect the habitat, including EFH, of an anadromous fishery resource under Council authority. (a) Establishment of procedures. Each Council should establish procedures for reviewing Federal or state actions that may adversely affect the habitat, including EFH, of a species under its authority. Each Council may receive information on actions of concern by methods such as directing Council staff to track proposed actions, recommending that the Council's habitat committee identify actions of concern, or entering into an agreement with NMFS to have the appropriate Regional Administrator notify the Council of actions of concern that would adversely affect EFH. Federal and state actions often follow specific timetables which may not coincide with Council meetings. Therefore, Councils should consider establishing abbreviated procedures for the development of Council recommendations. (b) Early involvement. Councils should provide comments and recommendations on proposed state and Federal actions of concern as early as practicable in project planning to ensure thorough consideration of Council concerns by the action agency. Each Council should provide NMFS with copies of its comments and recommendations to state and Federal agencies. | |||||
| 50:50:12.0.1.1.1.12.1.1 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | L | Subpart L—Fishing Capacity Reduction Framework | § 600.1000 Definitions. | FWS | [65 FR 31443, May 18, 2000, as amended at 75 FR 62328, Oct. 8, 2010] | In addition to the definitions in the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) and in § 600.10 of this title, the terms used in this subpart have the following meanings: Address of Record means the business address of a person, partnership, or corporation. Addresses listed on permits or other NMFS records are presumed to be business addresses, unless clearly indicated otherwise. Bid means the price a vessel owner or reduction fishery permit holder requests for reduction of his/her fishing capacity. It is an irrevocable offer in response to the invitation to bid in § 600.1009. Borrower means, individually and collectively, each post-reduction fishing permit holder and/or fishing vessel owner fishing in the reduction fishery. Business plan means the document containing the information specified in § 600.1003(n) and required to be submitted with a request for a financed program. Business week means a 7-day period, Saturday through Friday. Controlling fishery management plan or program (CFMP) means either any fishery management plan or any state fishery management plan or program, including amendments to the plan or program, pursuant to which a fishery is managed. Delivery value means: (1) For unprocessed fish, all compensation that a fish buyer pays to a fish seller in exchange for fee fish; and (2) For processed fish, all compensation that a fish buyer would have paid to a fish seller in exchange for fee fish if the fee fish had been unprocessed fish instead of processed fish. Delivery value encompasses fair market value, as defined herein, and includes the value of all in-kind compensation or all other goods or services exchanged in lieu of cash. It is synonymous with the statutory term “ex-vessel value” as used in section 312 of the Magnuson Act. Deposit principal means all collected fee revenue that a fish buyer deposits in a segregated account maintained at a federally insured financial institution for the sole purpose of aggregating collected fee revenu… | ||||
| 50:50:12.0.1.1.1.12.1.10 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | L | Subpart L—Fishing Capacity Reduction Framework | § 600.1009 Bids. | FWS | [65 FR 31443, May 18, 2000, as amended at 75 FR 62329, Oct. 8, 2010] | (a) Each invitation to bid, bid, bid acceptance, reduction contract, and bidder—or any other party in any way affected by any of the foregoing—under this subpart is subject to the terms and conditions in this section: (1) Each invitation to bid constitutes the entire terms and conditions of a reduction contract under which: (i) Each bidder makes an irrevocable offer to the United States of fishing capacity for reduction, and (ii) NMFS accepts or rejects, on behalf of the United States, each bidder's offer; (2) NMFS may, at any time before the bid expiration date, accept or reject any or all bids; (3) For a financed program in which bidding results do not conform to the fishing capacity reduction specifications, NMFS' acceptance of any bid is subject to the condition that the industry fee system necessary to repay the reduction loan is subsequently approved by a successful post-bidding referendum conducted under § 600.1010. Approval or disapproval of the industry fee system by post-bidding referendum is an event that neither the United States nor the bidders can control. Disapproval of the industry fee system by an unsuccessful post-bidding referendum fully excuses both parties from any performance and fully discharges all duties under any reduction contract; (4) For a financed program in one reduction fishery that is being conducted under appropriate implementation regulations simultaneously with another financed program in another reduction fishery, where the acceptance of bids for each financed program is conditional upon successful post-bidding referenda approving industry fee systems for both financed programs, NMFS' acceptance of all bids is, in addition to any condition under paragraph (a)(3) of this section, also subject to the additional conditions that both referenda approve the industry fee systems required for both financed programs—all as otherwise provided in paragraph (a)(3) of this section; (5) Upon NMFS' acceptance of the bid and tender of a reduction payment, the bidder consents to: (i) T… | ||||
| 50:50:12.0.1.1.1.12.1.11 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | L | Subpart L—Fishing Capacity Reduction Framework | § 600.1010 Referenda. | FWS | [65 FR 31443, May 18, 2000, as amended at 75 FR 62329, Oct. 8, 2010] | (a) Referendum success. A referendum is successful if at least a majority of the permit holders in the fishery who participate in the fishery cast ballots in favor of an industry fee system. (b) Pre-bidding referendum —(1) Initial referendum. An initial pre-bidding referendum shall be conducted for each financed program. The business plan shall, subject to this subpart, determine the chronological relationship of the initial pre-bidding referendum to other pre-bidding aspects of the reduction process sequence. The initial pre-bidding referendum shall be based on the fishing capacity reduction specifications. If the initial pre-bidding referendum precedes the adoption of any necessary reduction amendment, the initial pre-bidding referendum shall also be based on the reduction amendment specifications. If the initial pre-bidding referendum follows the adoption of any necessary reduction amendment, the initial pre-bidding referendum shall also be based on the adopted reduction amendment; (2) Successful initial pre-bidding referendum. If the initial pre-bidding referendum is successful, the reduction process will proceed as follows: (i) If the initial pre-bidding referendum follows reduction amendment adoption, no second pre-bidding referendum shall be conducted, (ii) If the initial pre-bidding referendum precedes reduction amendment adoption, a second pre-bidding referendum shall be conducted if, in NMFS' judgment, the reduction amendment subsequently adopted differs, in any respect materially affecting the borrower's reduction investment in the program and the borrower's ability to repay the reduction loan, from the reduction amendment specifications upon which the initial pre-bidding referendum successfully occurred. The sole purpose of any second pre-bidding referendum shall be to determine whether the voters authorize an industry fee system despite any such difference between the reduction amendment specifications and a subsequently adopted reduction amendment. (3) Unsuccessful initial pre-bidding r… | ||||
| 50:50:12.0.1.1.1.12.1.12 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | L | Subpart L—Fishing Capacity Reduction Framework | § 600.1011 Reduction methods and other conditions. | FWS | (a) Reduction permits or reduction permits and reduction vessels. Each program may involve either the surrender and revocation of reduction permits or both the surrender and revocation of reduction permits and the withdrawal from fishing either by title restriction or by scrapping of reduction vessels. No financed program may, however, require such title restriction or scrapping of reduction vessels unless the business plan voluntarily includes the same. (b) Reduction permit revocation and surrender. Each reduction permit is, upon NMFS' tender of the reduction payment for the reduction permit, forever revoked. Each reduction permit holder shall, upon NMFS' tender of the reduction payment, surrender the original reduction permit to NMFS. The reduction permit holder, upon NMFS' tender of the reduction payment, forever relinquishes any claim associated with the reduction permit and with the fishing vessel that was used to harvest fishery resources under the reduction permit that could qualify the reduction permit holder or the fishing vessel owner for any present or future limited access system fishing permit in the reduction fishery. (c) Reduction vessel title restriction or scrapping. For each program that involves reduction vessel title restriction or scrapping: (1) Each reduction vessel that is subject to title restriction only and is thus not required to be scrapped, is, upon NMFS' tender of the reduction payment, forever prohibited from any future use for fishing in any area subject to the jurisdiction of the United States or any State, territory, possession, or commonwealth of the United States. NMFS will request that the U.S. Coast Guard permanently restrict each such reduction vessel's title to exclude the reduction vessel's future use for fishing in any such area; (2) Each reduction vessel owner whose reduction vessel is required to be scrapped shall, upon NMFS' tender of the reduction payment, immediately cease all further use of the reduction vessel and arrange, without delay and at the reducti… | |||||
| 50:50:12.0.1.1.1.12.1.13 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | L | Subpart L—Fishing Capacity Reduction Framework | § 600.1012 Reduction loan. | FWS | (a) Obligation. The borrower shall be obligated to repay a reduction loan. The borrower's obligation to repay a reduction loan shall be discharged by fish sellers paying a fee in accordance with § 600.1013. Fish buyers shall be obligated to collect the fee in accordance with § 600.1013 and to deposit and disburse the fee revenue in accordance with § 600.1014. (b) Principal amount, interest rate, repayment term, and penalties for non-payment or non-collection. The reduction loan shall be: (1) In a principal amount that shall be determined by subsequent program events under this subpart, but which shall not exceed the maximum principal amount in the fishing capacity reduction specifications; (2) At an annual rate, that shall be determined by subsequent events, of simple interest on the reduction loan's principal balance that shall equal 2 percent plus the Treasury percentage; (3) Repayable over the repayment term specified in the business plan or otherwise determined by subsequent events; and (4) Subject to such provisions as implementation regulations shall specify for the payment of costs and penalties for non-payment, non-collection, non-deposit, and/or non-disbursement in accordance with § 600.1013 and § 600.1014. (c) Effect of prospective interest rate. Any difference between a prospective interest rate projected, for the purpose of any aspect of reduction planning or processing under this subpart, before the U.S. Treasury determines the Treasury percentage and an interest rate first known after the U.S. Treasury determines the Treasury percentage shall not void, invalidate, or otherwise impair any reduction contract, any reduction loan repayment obligation, or any other aspect of the reduction process under this subpart. Should any such difference result in a reduction loan that cannot, at the maximum fee rate allowed by law, be repaid, as previously projected, within the maximum maturity, any amount of the reduction loan remaining unpaid at maturity shall be repaid after maturity by continuing fe… | |||||
| 50:50:12.0.1.1.1.12.1.14 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | L | Subpart L—Fishing Capacity Reduction Framework | § 600.1013 Fee payment and collection. | FWS | (a) Amount. The fee amount is the delivery value times the fee rate. (b) Rate. NMFS will establish the fee rate. The fee rate may not exceed 5 percent of the delivery value. NMFS will establish the initial fee rate by calculating the fee revenue annually required to amortize a reduction loan over the reduction loan's term, projecting the annual delivery value, and expressing such fee revenue as a percentage of such delivery value. Before each anniversary of the initial fee rate determination, NMFS will recalculate the fee rate reasonably required to ensure reduction loan repayment. This will include any changed delivery value projections and any adjustment required to correct for previous delivery values higher or lower than projected. (c) Payment and collection. (1) The full fee is due and payable at the time of fish delivery. Each fish buyer shall collect the fee at the time of fish delivery by deducting the fee from the delivery value before paying, or promising to pay, the net delivery value. Each fish seller shall pay the fee at the time of fish delivery by receiving from the fish buyer the net delivery value, or the fish buyer's promise to pay the net delivery value, rather than the delivery value. Regardless of when the fish buyer pays the net delivery value, the fish buyer shall collect the fee at the time of fish delivery; (2) In the event of any post-delivery payment for fee fish—including, but not limited to bonuses—whose amount depends on conditions that cannot be known until after fish delivery, that either first determines the delivery value or later increases the previous delivery value, the fish seller shall pay, and the fish buyer shall collect, at the time the amount of such post-delivery payment first becomes known, the fee that would otherwise have been due and payable as if the amount of the post-delivery payment had been known, and as if the post-delivery payment had consequently occurred, at the time of initial fish delivery; (3)(i) Each fish seller shall be deemed to be, for the … | |||||
| 50:50:12.0.1.1.1.12.1.15 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | L | Subpart L—Fishing Capacity Reduction Framework | § 600.1014 Fee collection deposits, disbursements, records, and reports. | FWS | (a) Deposit accounts. Each fish buyer that this subpart requires to collect a fee shall maintain a segregated account at a federally insured financial institution for the sole purpose of depositing collected fee revenue and disbursing the fee revenue directly to NMFS in accordance with paragraph (c) of this section. (b) Fee collection deposits. Each fish buyer, no less frequently than at the end of each business week, shall deposit, in the deposit account established under paragraph (a) of this section, all fee revenue, not previously deposited, that the fish buyer collects through a date not more than two calendar days before the date of deposit. Neither the deposit account nor the principal amount of deposits in the account may be pledged, assigned, or used for any purpose other than aggregating collected fee revenue for disbursement to the Fund in accordance with paragraph (c) of this section. The fish buyer is entitled, at any time, to withdraw deposit interest, if any, but never deposit principal, from the deposit account for the fish buyer's own use and purposes. (c) Deposit principal disbursement. On the last business day of each month, or more frequently if the amount in the account exceeds the account limit for insurance purposes, the fish buyer shall disburse to NMFS the full amount of deposit principal then in the deposit account. The fish buyer shall do this by check made payable to the Fund subaccount to which the deposit principal relates. The fish buyer shall mail each such check to the Fund subaccount lockbox that NMFS establishes for the receipt of the disbursements for each program. Each disbursement shall be accompanied by the fish buyer's settlement sheet completed in the manner and form that NMFS specifies. NMFS will specify the Fund subaccount lockbox and the manner and form of settlement sheet by means of the notification in § 600.1013(d). (d) Records maintenance. Each fish buyer shall maintain, in a secure and orderly manner for a period of at least 3 years from the date of each… | |||||
| 50:50:12.0.1.1.1.12.1.16 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | L | Subpart L—Fishing Capacity Reduction Framework | § 600.1015 Late charges. | FWS | The late charge to fish buyers for fee payment, collection, deposit, and/or disbursement shall be one and one-half (1.5) percent per month, or the maximum rate permitted by state law, for the total amount of the fee not paid, collected, deposited, and/or disbursed when due to be paid, collected, deposited, and/or disbursed. The full late charge shall apply to the fee for each month or portion of a month that the fee remains unpaid, uncollected, undeposited, and/or undisbursed. | |||||
| 50:50:12.0.1.1.1.12.1.17 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | L | Subpart L—Fishing Capacity Reduction Framework | § 600.1016 Enforcement. | FWS | In accordance with applicable law or other authority, NMFS may take appropriate action against each fish seller and/or fish buyer responsible for non-payment, non-collection, non-deposit, and/or non-disbursement of the fee in accordance with this subpart to enforce the collection from such fish seller and/or fish buyer of any fee (including penalties and all costs of collection) due and owing the United States on account of the loan that such fish seller and/or fish buyer should have, but did not, pay, collect, deposit, and/or disburse in accordance with this subpart. All such loan recoveries shall be applied to reduce the unpaid balance of the loan. | |||||
| 50:50:12.0.1.1.1.12.1.18 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | L | Subpart L—Fishing Capacity Reduction Framework | § 600.1017 Prohibitions and penalties. | FWS | (a) The following activities are prohibited, and it is unlawful for any party to: (1) Vote in any referendum under this subpart if the party is ineligible to do so; (2) Vote more than once in any referendum under this subpart; (3) Sign or otherwise cast a ballot on behalf of a voter in any referendum under this subpart unless the voter has fully authorized the party to do so and doing so otherwise comports with this subpart; (4) Interfere with or attempt to hinder, delay, buy, or otherwise unduly or unlawfully influence any eligible voter's vote in any referendum under this subpart; (5) Submit a fraudulent, unauthorized, incomplete, misleading, unenforceable by specific performance, or inaccurate bid in response to an invitation to bid under this subpart or, in any other way, interfere with or attempt to interfere with, hinder, or delay, any invitation to bid, any bid submitted under any invitation to bid, any reduction contract, or any other reduction process in connection with any invitation to bid; (6) Revoke or attempt to revoke any bid under this subpart; (7) Fail to comply with the terms and conditions of any invitation to bid, bid, or reduction contract under this subpart, including NMFS' right under such reduction contracts to specific performance; (8) Fail to fully and properly pay and collect any fee due payable, and collectible under this subpart or otherwise avoid, decrease, interfere with, hinder, or delay any such payment and collection, (9) Convert, or otherwise use for any purpose other than the purpose this subpart intends, any paid or collected fee; (10) Fail to fully and properly deposit on time the full amount of all fee revenue collected under this subpart into a deposit account and disburse the full amount of all deposit principal to the Fund's lockbox account—all as this subpart requires; (11) Fail to maintain full, timely, and proper fee payment, collection, deposit, and/or disbursement records or make full, timely, and proper reports of such information to NMFS-all as this subp… | |||||
| 50:50:12.0.1.1.1.12.1.2 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | L | Subpart L—Fishing Capacity Reduction Framework | § 600.1001 Requests. | FWS | [65 FR 31443, May 18, 2000, as amended at 75 FR 62328, Oct. 8, 2010] | (a) A Council, the Governor of a State under whose authority a proposed reduction fishery is subject, or a majority of permit holders in the fishery may request that NMFS conduct a program in that fishery. Each request shall be in writing. Each request shall satisfy the requirements of § 600.1003 or § 600.1005, as applicable, and enable NMFS to make the determinations required by § 600.1004 or § 600.1006, as applicable. (b) NMFS cannot conduct a program in any fishery subject to the jurisdiction of a Council or a state unless NMFS first receives a request from the Council or the governor to whose jurisdiction the fishery is subject. (c) For a fishery subject to the jurisdiction of a Council, only that Council can or must make the request. If the fishery is subject to the jurisdiction of two or more Councils, those Councils must make a joint request. No Council may make a request, or join in making a request, until after the Council conducts a public hearing about the request. (d) For a fishery subject to the jurisdiction of a State, only the Governor of that State can make the request. If the fishery is subject to the jurisdiction of two or more states, the Governors of those States shall make a joint request. No Governor of a State may make a request, or join in making a request, until the State conducts a public hearing about the request. (e) For a fishery under the direct management authority of the Secretary, NMFS may conduct a program on NMFS' own motion by fulfilling the requirements of this subpart that reasonably apply to a program not initiated by a request. (f) Where necessary to accommodate special circumstances in a particular fishery, NMFS may waive, as NMFS deems necessary and appropriate, compliance with any specific requirements under this subpart not required by statute. | ||||
| 50:50:12.0.1.1.1.12.1.3 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | L | Subpart L—Fishing Capacity Reduction Framework | § 600.1002 General requirements. | FWS | [65 FR 31443, May 18, 2000, as amended at 75 FR 62328, Oct. 8, 2010] | (a) Each program must be: (1) Necessary to prevent or end overfishing, rebuild stocks of fish, or achieve measurable and significant improvements in the conservation and management of the reduction fishery; (2) Accompanied by the appropriate environmental, economic and/or socioeconomic analyses, in accordance with applicable statutes, regulations, or other authorities; and (3) Consistent with the CFMP, including any reduction amendment, for the reduction fishery. (b) Each CFMP for a reduction fishery must: (1) Prevent the replacement of fishing capacity removed by the program through a moratorium on new entrants, restrictions on vessel upgrades, and other effort control measures, taking into account the full potential fishing capacity of the fleet; (2) Establish a specified or target total allowable catch or other measures that trigger closure of the fishery or adjustments to reduce catch; and (3) Include, for a financed program in a reduction fishery involving only a portion of a fishery, appropriate provisions for the post-reduction allocation of fish between the reduction fishery and the rest of the fishery that both protect the borrower's reduction investment in the program and support the borrower's ability to repay the reduction loan. (c) The Secretary may not make a fishing capacity reduction program payment with respect to a reduction vessel that will not be scrapped unless the Secretary certifies that the vessel will not be used for fishing in the waters of the U.S., a foreign nation, or on the high seas. | ||||
| 50:50:12.0.1.1.1.12.1.4 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | L | Subpart L—Fishing Capacity Reduction Framework | § 600.1003 Content of a request for a financed program. | FWS | A request for a financed program shall: (a) Specify the reduction fishery. (b) Project the amount of the reduction and specify what a reduction of that amount achieves in the reduction fishery. (c) Specify whether the program is to be wholly or partially financed and, if the latter, specify the amount and describe the availability of all funding from sources other than a reduction loan. (d) Project the availability of all Federal appropriation authority or other funding, if any, that the financed program requires, including the time at which funding from each source will be available and how that relates to the time at which elements of the reduction process are projected to occur. (e) Demonstrate how the program meets, or will meet after an appropriate reduction amendment, the requirements in § 600.1002(a). (f) Demonstrate how the CFMP meets, or will meet after an appropriate reduction amendment, the requirements in § 600.1002(b). (g) If a reduction amendment is necessary, include an actual reduction amendment or the requester's endorsement in principle of the reduction amendment specifications in the business plan. Endorsement in principle is non-binding. (h) Request that NMFS conduct, at the appropriate time, a referendum under § 600.1010 of this subpart. (i) List the names and addresses of record of all fishing permit or fishing vessel owners who are currently authorized to harvest fish from the reduction fishery, excluding those whose authority is limited to incidentally harvesting fish from the reduction fishery during directed fishing for fish not in the reduction fishery. The list shall be based on the best information available to the requester. The list shall take into account any limitation by type of fishing gear operated, size of fishing vessel operated, geographic area of operation, or other factor that the proposed program involves. The list may include any relevant information that NMFS may supply to the requester. (j) Specify the aggregate total allowable catch in the reduction fishery … | |||||
| 50:50:12.0.1.1.1.12.1.5 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | L | Subpart L—Fishing Capacity Reduction Framework | § 600.1004 Accepting a request for, and determinations about initiating, a financed program. | FWS | (a) Accepting a request. Once it receives a request, NMFS will review any request for a financed program to determine whether the request conforms with the requirements of § 600.1003. If the request does not conform, NMFS will return the request with guidance on how to make the request conform. If the request conforms, NMFS shall accept it and publish a notice in the Federal Register requesting public comments on the request. Such notice shall state the name and address of record of each eligible voter, as well as the basis for having determined the eligibility of those voters. This shall constitute notice and opportunity to respond about adding eligible voters, deleting ineligible voters, and/or correcting any voter's name and address of record. If, in NMFS' discretion, the comments received in response to such notice warrants it, or other good cause warrants it, NMFS may modify such list by publishing another notice in the Federal Register. (b) Determination about initiating a financed program. After receipt of a conforming request for a financed program, NMFS will, after reviewing and responding to any public comments received in response to the notice published in the Federal Register under paragraph (a) of this section, initiate the program if NMFS determines that: (1) The program meets, or will meet after an appropriate reduction amendment, the requirements in § 600.1002(a); (2) The CFMP meets, or will meet after an appropriate reduction amendment, the requirements in § 600.1002(b); (3) The program, if successfully implemented, is cost effective; (4) The reduction requested constitutes a realistic and practical prospect for successfully completing a program in accordance with this subpart and the borrower is capable of repaying the reduction loan. This includes enabling NMFS to readily design, propose, and adopt a timely and reliable implementation plan as well as propose and issue timely and reliable implementation regulations and otherwise complete the program in accordance with this subpart… | |||||
| 50:50:12.0.1.1.1.12.1.6 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | L | Subpart L—Fishing Capacity Reduction Framework | § 600.1005 Content of a request for a subsidized program. | FWS | A request for a subsidized program shall: (a) Specify the reduction fishery. (b) Project the amount of the reduction and specify what a reduction of that amount achieves in the reduction fishery. (c) Project the reduction cost, the amount of reduction cost to be funded by Federal appropriations, and the amount, if any, to be funded by other sources. (d) Project the availability of Federal appropriations or other funding, if any, that completion of the program requires, including the time at which funding from each source will be available and how that relates to the time at which elements of the reduction process are projected to occur. (e) List the names and addresses of record of all fishing permit or fishing vessel owners who are currently authorized to harvest fish from the reduction fishery, excluding those whose authority is limited to incidentally harvesting fish from the reduction fishery during directed fishing for fish not in the reduction fishery. The list shall be based on the best information available to the requester, including any information that NMFS may supply to the requester, and take into account any limitation by type of fishing gear operated, size of fishing vessel operated, geographic area of operation, or other factor that the proposed program involves. (f) Specify the aggregate total allowable catch in the reduction fishery during each of the preceding 5 years and the aggregate portion of such catch harvested by the parties listed under paragraph (e) of this section. (g) Include a preliminary development plan that: (1) Specifies a detailed reduction methodology that accomplishes the maximum sustained reduction in the reduction fishery's fishing capacity at the least cost and in a minimum period of time, and otherwise achieves the program result that the requester specifies under paragraph (b) of this section. The methodology shall: (i) Be sufficiently detailed to enable NMFS to prepare a final development plan to serve as the basis for NMFS to readily design, propose, and adopt… | |||||
| 50:50:12.0.1.1.1.12.1.7 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | L | Subpart L—Fishing Capacity Reduction Framework | § 600.1006 Accepting a request for, and determinations about conducting, a subsidized program. | FWS | (a) Accepting a request. NMFS will review any request for a subsidized program submitted to NMFS to determine whether the request conforms with the requirements of § 600.1005. If the request does not conform, NMFS will return it with guidance on how to make the request conform. If the request conforms, NMFS shall accept it and publish a notice in the Federal Register requesting public comments about the request. (b) Final development plan. After receipt of a conforming request, NMFS will prepare a final development plan if NMFS determines that the reduction requested constitutes a realistic and practical prospect for successfully completing a program in accordance with this subpart. This includes enabling NMFS to readily design, propose, and adopt a timely and reliable implementation plan as well as propose and issue timely and reliable implementation regulations and otherwise complete the program in accordance with this subpart. NMFS will, as far as possible, base the final development plan on the requester's preliminary development plan. Before completing the final development plan, NMFS will consult, as NMFS deems necessary, with the requester, Federal agencies, state and regional authorities, affected fishing communities, participants in the reduction fishery, conservation organizations, and other interested parties in preparing the final development plan. (c) Reaffirmation of the request. After completing the final development plan, NMFS will submit the plan to the requester for the requester's reaffirmation of the request. Based on the final development plan, the reaffirmation shall: (1) Certify that the final development plan meets, or will meet after an appropriate reduction amendment, the requirements in § 600.1002(a); (2) Certify that the CFMP meets, or will meet after an appropriate reduction amendment, the requirements in § 600.1002(b)(1) and (2); and (3) Project the date on which the requester will forward any necessary reduction amendment and, if the requester is a Council, proposed regu… | |||||
| 50:50:12.0.1.1.1.12.1.8 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | L | Subpart L—Fishing Capacity Reduction Framework | § 600.1007 Reduction amendments. | FWS | (a) Each reduction amendment may contain provisions that are either dependent upon or independent of a program. Each provision of a reduction amendment is a dependent provision unless the amendment expressly designates the provision as independent. (b) Independent provisions are effective without regard to any subsequent program actions. (c) Dependent provisions are initially effective for the sole limited purpose of enabling initiation and completion of the pre-reduction processing stage of a program. (d) All dependent provisions of a reduction amendment for a financed program are fully in force and effect for all other purposes only when NMFS either: (1) For bidding results that conform to the fishing capacity reduction specifications and are not subject to any other condition, notifies bidders, under § 600.1009(e)(3), that reduction contracts then exist between the bidders and the United States; or (2) For bidding results that do not conform to the fishing capacity reduction specifications or are subject to any other condition, notifies bidders whose bids NMFS had conditionally accepted, under § 600.1010 (d)(8)(iii), that the condition pertaining to the reduction contracts between them and the United States is fulfilled. (e) If NMFS does not, in accordance with this subpart and any special provisions in the implementation regulations, subsequently make all reduction payments that circumstances, in NMFS' judgment, reasonably permit NMFS to make and, thus, complete a program, no dependent provisions shall then have any further force or effect for any purpose and all final regulations involving such dependent provisions shall then be repealed. | |||||
| 50:50:12.0.1.1.1.12.1.9 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | L | Subpart L—Fishing Capacity Reduction Framework | § 600.1008 Implementation plan and implementation regulations. | FWS | (a) As soon as practicable after deciding to initiate a program, NMFS will prepare and publish, for a 60-day public comment period, a proposed implementation plan and implementation regulations. During the public comment period, NMFS will conduct a public hearing of the proposed implementation plan and implementation regulations in each state that the program affects. (b) To the greatest extent practicable, NMFS will base the implementation plan and implementation regulations for a financed program on the business plan. The implementation plan for a financed program will describe in detail all relevant aspects of implementing the program, including: (1) The reduction fishery; (2) The reduction methodology; (3) The maximum reduction cost; (4) The maximum reduction loan amount, if different from the maximum reduction cost; (5) The reduction cost funding, if any, other than a reduction loan; (6) The minimum acceptable reduction level; (7) The potential amount of the fee; (8) The criteria for determining the types and number of fishing permits or fishing permits and fishing vessels eligible to participate in the program; (9) The invitation to bid and bidding procedures; (10) The criteria for determining bid acceptance; (11) The referendum procedures; and (12) Any relevant post-referendum reduction procedures other than those in the implementation regulations or this subpart. (c) NMFS will base each implementation plan and implementation regulations for a subsidized program on the final development plan. The implementation plan will describe in detail all relevant aspects of implementing the program, including: (1) The reduction fishery; (2) The reduction methodology; (3) The maximum reduction cost; (4) The reduction-cost funding, if any, other than Federal appropriations; (5) The criteria for determining the types and number of fishing permits or fishing permits and fishing vessels eligible to participate in the program; (6) The invitation to bid and bidding procedures; (7) The criteria for deter… | |||||
| 50:50:12.0.1.1.1.13.1.1 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | M | Subpart M—Specific Fishery or Program Fishing Capacity Reduction Regulations | § 600.1100 [Reserved] | FWS | ||||||
| 50:50:12.0.1.1.1.13.1.2 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | M | Subpart M—Specific Fishery or Program Fishing Capacity Reduction Regulations | § 600.1101 Inshore fee system for repayment of the loan to harvesters of Pollock from the directed fishing allowance allocated to the inshore component under section 206(b)(1) of the AFA. | FWS | (a) Definition. In addition to the definitions in the Magnuson-Stevens Act and in § 679.2 of this title, the terms used in this subpart have the following meanings: American Fisheries Act (AFA) means Title II of Pub.L. 105-277. Borrower means (individually and collectively) all persons who, after January 1, 2000, harvest fee fish from the IC directed fishing allowance. Business week means a 7-day period, Saturday through Friday. Delivery value means the gross ex-vessel value of all fee fish at fish delivery. Deposit principal means all collected fee revenue that a fish buyer deposits in a segregated deposit account maintained in a federally chartered national bank for the sole purpose of aggregating collected fee revenue before sending the fee revenue to NMFS for repaying the loan. Fee means the six-tenths (0.6) of one cent that fish buyers deduct at fish delivery from the delivery value of each pound of round weight fee fish. Fee fish means all pollock harvested from the IC directed fishing allowance beginning on February 10, 2000 and ending at such time as the loan's principal and interest are fully repaid. Fish buyer means the first ex-vessel fish buyer who purchases fee fish from a fish seller. Fish delivery means the point at which a fish buyer first takes delivery or possession of fee fish from a fish seller. Fish seller means the harvester who catches and first sells fee fish to a fish buyer. IC directed fishing allowance means the directed fishing allowance allocated to the inshore component under section 206(b)(1) of the AFA. Loan means the loan authorized by section 207(a) of the AFA. Net delivery value means the delivery value minus the fee. Subaccount means the Inshore Component Pollock Subaccount of the Fishing Capacity Reduction Fund in the U.S. Treasury for the deposit of all funds involving the loan. (b) Loan —(1) Principal amount. The loan's principal amount is $75,000,000 (seventy five million dollars). (2) Interest. Interest shall, from December 30, 1998, wh… | |||||
| 50:50:12.0.1.1.1.13.1.3 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | M | Subpart M—Specific Fishery or Program Fishing Capacity Reduction Regulations | § 600.1102 Pacific Coast groundfish fee. | FWS | [70 FR 40229, July 13, 2005, as amended at 71 FR 28, Jan. 3, 2006] | (a) Purpose. This section implements the fee for repaying the reduction loan financing the Pacific Coast Groundfish Program authorized by section 212 of Division B, Title II, of Public Law 108-7 and implemented by a final notification in the Federal Register (July 18, 2003; 68 FR 42613). (b) Definitions. Unless otherwise defined in this section, the terms defined in § 600.1000 of subpart L expressly apply to this section. The following terms have the following meanings for the purpose of this section: Borrower means, individually and collectively, each post-reduction fishing permit holder and/or fishing vessel owner fishing in the reduction fishery, in any or all of the fee-share fisheries, or in both the reduction fishery and any or all of the fee-share fisheries. Deposit principal means all collected fee revenue that a fish buyer deposits in an account maintained at a federally insured financial institution for the purpose of aggregating collected fee revenue before sending the fee revenue to NMFS for repaying the reduction loan. Fee fish means all fish harvested from the reduction fishery during the period in which any portion of the reduction fishery's subamount is outstanding and all fish harvested from each of the fee-share fisheries during the period in which any portion of each fee-share fishery's subamount is outstanding. Fee-share fishery means each of the fisheries for coastal Dungeness crab and pink shrimp in each of the States of California and Oregon and the fishery for coastal Dungeness crab and ocean pink shrimp in the State of Washington. Fee-share fishery subaccount means each of the six subaccounts established in the groundfish program's fund subaccount in which each of the six fee-share fishery subamounts are deposited. Reduction fishery means all species in, and that portion of, the limited entry trawl fishery under the Federal Pacific Coast Groundfish Fishery Management Plan that is conducted under permits, excluding those registered to whiting catcher-processors, which ar… | ||||
| 50:50:12.0.1.1.1.13.1.4 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | M | Subpart M—Specific Fishery or Program Fishing Capacity Reduction Regulations | § 600.1103 Bering Sea and Aleutian Islands (BSAI) Crab species program. | FWS | [68 FR 69337, Dec. 12, 2003. Redesignated at 69 FR 53362, Sept. 1, 2004] | (a) Purpose. This section's purpose is to implement the program that Section 144(d) of Division B of Pub. L. 106-554, as amended by section 2201 of Pub. L. 107-20 and section 205 of Pub. L. 107-117, enacted for BSAI crab species. (b) Terms. Unless otherwise defined in this section, the terms defined in § 600.1000 expressly apply to the program for BSAI crab. Likewise, the terms defined in § 679.2 of this chapter also apply to terms not otherwise defined in either § 600.1000 or this section. The following terms used in this section have the following meanings for the purpose of this section: Acceptance means NMFS' acceptance, on behalf of the United States, of a bid. Bid means a bidder's irrevocable offer, in response to an invitation to bid under this section, to surrender, to have revoked, to have restricted, to relinquish, to have withdrawn, or to have extinguished by other means, in the manner this section requires, the bidder's reduction fishing interest. Bid amount means the dollar amount of each bid. Bidder means either a qualifying bidder bidding alone or a qualifying bidder and a co-bidder bidding together who at the time of bidding holds the reduction fishing interests specified at § 600.1018(e). Bid crab means the crab that NMFS determines each bidder's reduction/history vessel (see definition) harvested, according to the State of Alaska's records of the documented harvest of crab, from each reduction endorsement fishery and from the Norton Sound fishery during the most recent 5 calendar years in which each reduction endorsement fishery was for any length of time open for directed crab fishing during a 10-calendar-year period beginning on January 1, 1990, and ending on December 31, 1999. Bid score means the criterion by which NMFS decides in what order to accept bids in the reverse auction this section specifies. Co-bidder means a person who is not a qualifying bidder, but who at the time of bidding owns the reduction/privilege vessel this section requires to be included in a bid and … | ||||
| 50:50:12.0.1.1.1.13.1.5 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | M | Subpart M—Specific Fishery or Program Fishing Capacity Reduction Regulations | § 600.1104 Bering Sea and Aleutian Islands (BSAI) crab species fee payment and collection system. | FWS | [70 FR 54656, Sept. 16, 2005, as amended at 71 FR 27210, May 10, 2006] | (a) Purpose. As authorized by Public Law 106-554, this section's purpose is to: (1) In accordance with § 600.1012 of subpart L, establish: (i) The borrower's obligation to repay a reduction loan, and (ii) The loan's principal amount, interest rate, and repayment term; and (2) In accordance with § 600.1013 through § 600.1016 of subpart L, implement an industry fee system for the reduction fishery. (b) Definitions. Unless otherwise defined in this section, the terms defined in § 600.1000 of subpart L and § 600.1103 of this subpart expressly apply to this section. The following terms have the following meanings for the purpose of this section: Crab rationalization crab means the same as in § 680.2 of this chapter. Crab rationalization fisheries means the same as in § 680.2 of this chapter. Reduction endorsement fishery means any of the seven fisheries that § 679.2 of this chapter formerly (before adoption of part 680 of this chapter) defined as crab area/species endorsements, except the area/species endorsement for Norton Sound red king. More specifically, the reduction endorsement fisheries, and the crab rationalization fisheries which (after adoption of part 680 of this chapter) correspond to the reduction endorsement fisheries, are: (1) Bristol Bay red king (the corresponding crab rationalization fishery is Bristol Bay red king crab), (2) Bering Sea and Aleutian Islands Area C. opilio and C. bairdi (the corresponding crab rationalization fisheries are two separate fisheries, one for Bering Sea snow crab and another for Bering Sea Tanner crab), (3) Aleutian Islands brown king (the corresponding crab rationalization fisheries are the two separate fisheries, one for Eastern Aleutian Islands golden king crab and another for Western Aleutian Islands golden king crab), (4) Aleutian Islands red king (the corresponding crab rationalization fishery is Western Aleutian Islands red king crab), (5) Pribilof red king and Pribilof blue king (the corresponding crab rationalization fishery is Pribilof red… | ||||
| 50:50:12.0.1.1.1.13.1.6 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | M | Subpart M—Specific Fishery or Program Fishing Capacity Reduction Regulations | § 600.1105 Longline catcher processor subsector of the Bering Sea and Aleutian Islands (BSAI) non-pollock groundfish fishery program. | FWS | [71 FR 57701, Sept. 29, 2006] | (a) Purpose. This section implements the capacity reduction program that Title II, Section 219(e) of Public Law 108-447 enacted for the longline catcher processor subsector of the Bering Sea and Aleutian Islands (BSAI) non-pollock groundfish fishery. (b) Definitions. Unless otherwise defined in this section, the terms defined in § 600.1000 of subpart L of this part expressly apply to this section. The following terms have the following meanings for the purpose of this section: Act means Title II, Section 219 of Public Law 108-447. AI means the Aleutian Islands. Application Form means the form published on the FLCC's website that sets forth whether the qualifying LLP License is a Latent License and identifies the individual(s) authorized to execute and deliver Offers and Offer Ranking Ballots on behalf of the Subsector Member. Auditor means Jack V. Tagart, Ph.D., d.b.a. Tagart Consulting. Authorized Party means the individuals authorized by Subsector Members on the application form to execute and submit Offers, Rankings, protests and other documents and/or notices on behalf of Subsector Member. Ballot means the form found on the auditor's website used to cast a vote in favor of, or in opposition to, the currently Selected Offers. BS means the Bering Sea. BSAI means the Bering Sea and the Aleutian Islands. BSAI Pacific Cod ITAC means the Total Allowable Catch for Pacific cod after the subtraction of the 7.5 percent Community Development Program reserve. Capacity Reduction Agreement or Reduction Agreement means an agreement entered into by the Subsector Members and the FLCC under which the FLCC is permitted to develop and submit a Capacity Reduction Plan to the Secretary. Certificate of Documentation (COD) means a document issued by the U.S. Coast Guard's National Documentation Center that registers the vessel with the United States Government. Closing Vote means a vote held pursuant to paragraph (d)(7) of this section, after two-thirds ( 2/3 ) or more of the Nonoffering Subsector Membe… | ||||
| 50:50:12.0.1.1.1.13.1.7 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | M | Subpart M—Specific Fishery or Program Fishing Capacity Reduction Regulations | § 600.1106 Longline catcher processor subsector Bering Sea and Aleutian Islands (BSAI) non-pollock groundfish species fee payment and collection system. | FWS | [72 FR 54222, Sept. 24, 2007] | (a) Purpose. As authorized by Public Law 108 447, this section's purpose is to: (1) In accordance with § 600.1012, establish: (i) The borrower's obligation to repay a reduction loan, and (ii) The loan's principal amount, interest rate, and repayment term; and (2) In accordance with §§ 600.1013 through 600.1016, implement an industry fee system for the reduction fishery. (b) Definitions. Unless otherwise defined in this section, the terms defined in § 600.1000 and § 600.1105 expressly apply to this section. In addition, the following definition applies to this section: Reduction fishery means the longline catcher processor subsector of the BSAI non-pollock groundfish fishery that § 679.2 of this chapter defined as groundfish area/species endorsements. (c) Reduction loan amount. The reduction loan's original principal amount is $35,000,000. (d) Interest accrual from inception. Interest began accruing on the reduction loan from May 29, 2007, the date on which NMFS disbursed such loan. (e) Interest rate. The reduction loan's interest rate shall be the applicable rate which the U.S. Treasury determines at the end of fiscal year 2007 plus 2 percent. (f) Repayment term. For the purpose of determining fee rates, the reduction loan's repayment term is 30 years from May 29, 2007, but fees shall continue indefinitely for as long as necessary to fully repay the loan. (g) Reduction loan repayment. (1) The borrower shall, in accordance with § 600.1012, repay the reduction loan; (2) For the purpose of the fee collection, deposit, disbursement, and accounting requirements of this subpart, subsector members are deemed to be both the fish buyer and fish seller. In this case, all requirements and penalties of § 600.1013 that are applicable to both a fish seller and a fish buyer shall equally apply to parties performing both functions; (3) Subsector members in the reduction fishery shall pay and collect the fee amount in accordance with § 600.1105; (4) Subsector members in the reduction fishery shall, in… | ||||
| 50:50:12.0.1.1.1.13.1.8 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | M | Subpart M—Specific Fishery or Program Fishing Capacity Reduction Regulations | § 600.1107 Southeast Alaska Purse Seine Salmon Fishery capacity reduction program, including fee payment and collection system. | FWS | [76 FR 61990, Oct. 6, 2011] | (a) Purpose. This section implements the fishing capacity reduction program for the Southeast Alaska purse seine salmon fishery enacted by Section 209 of Public Law 108-447 and amended by Section 121 of Public Law 109-479, with appropriations authorized by Section 121 of Public Law 109-479 and Public Law 110-161. The intent of the program is to permanently reduce, through an industry-financed permit buyback, the most harvesting capacity in the Reduction Fishery at the least cost, increase harvesting productivity for post-reduction Permit Holders and improve flexibility in the conservation and management of the fishery. Fishery participants will finance this program through a federal loan that will be repaid over 40 years through a fee collection system. The intent of the fee collection system is to establish the post-reduction Permit Holders' obligation to repay the Reduction Loan's principal and accrued interest over the repayment term, and to ensure repayment of the loan. (b) Definitions. Unless otherwise defined in this section, the terms defined in § 600.1000 of subpart L of this part expressly apply to this section. The following terms have the following meanings for the purpose of this section: Acceptance means SRA acceptance of a bid. Act means Section 209 of Title II of Division B of Public Law 108-447, Consolidated Appropriations Act of 2005, as amended by Section 121 of Public Law 109-447, Magnuson-Stevens Reauthorization Act of 2006. Authorized party means the individuals authorized by the Permit Holder on the application form to execute and submit Bids, protests and other documents and/or notices on behalf of the Permit Holder. Bid means a bidder's irrevocable offer to relinquish a permit. Bid amount means the dollar amount submitted by a bidder. Bidder means a permit holder who submits a bid. Commercial Fisheries Entry Commission (CFEC) means the Alaska state commission mandated to conserve and maintain the economic health of Alaska's commercial fisheries by limiting the number of … | ||||
| 50:50:12.0.1.1.1.13.1.9 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | M | Subpart M—Specific Fishery or Program Fishing Capacity Reduction Regulations | § 600.1108 Longline catcher processor subsector of the Bering Sea and Aleutian Islands (BSAI) non-pollock groundfish fishery program. | FWS | [77 FR 58779, Sept. 24, 2012] | (a) Purpose. This section implements the capacity reduction program that Title II, section 219(e) of Public Law 108-447 established for the longline catcher processor subsector of the Bering Sea and Aleutian Islands (BSAI) non-pollock groundfish fishery. (b) Definitions. Unless otherwise defined in this section, the terms defined in § 600.1000 of subpart L and § 600.1105 of subpart M of this part expressly apply to this section. The following terms have the following meanings for the purpose of this section: Reduction fishery means the Hook & Line, Catcher Processor (Longline Subsector); sometimes referred to as the “H&LCP Subsector) portion of the BSAI Pacific cod ITAC (in metric tons) set by the North Pacific Fishery Management Council (NPFMC) in December of each year multiplied by 2,205 (i.e., the rounded number of pounds in a metric ton)or the Longline Subsector of the BSAI non-pollock groundfish fishery that § 679.2 of this chapter defined as groundfish area/species endorsement. (c) Capacity Reduction Program. As a result of the completion of the Selection Process, written notification from the FLCC to NMFS identifying the selected offeror, and submission of the reduction plan, the capacity reduction program is implemented as follows: (1) Loan repayment —(i) Term. As authorized by section 219(B)(2) of the Appropriations Act, the capacity reduction loan (the Reduction Loan) shall be amortized over a thirty (30) year term. The Reduction Loan's original principal amount may not exceed the amount approved by the subsector. The subsector has currently approved a loan of two million seven hundred thousand dollars ($2,700,000). Subsector Members acknowledge that in the event payments made under the Reduction Plan are insufficient to repay the actual loan, the term of repayment shall be extended by NMFS until the loan is paid in full. Repayment calculations and records will be kept separately for each program. (ii) Interest. The Reduction Loan's interest rate will be the U.S. Treasury's cost of borr… | ||||
| 50:50:12.0.1.1.1.14.1.1 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | N | Subpart N—Shark Fin Removal, Possession, Transfer and Landing | § 600.1200 Purpose and scope. | FWS | The regulations in this subpart implement the Shark Conservation Act of 2010. | |||||
| 50:50:12.0.1.1.1.14.1.2 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | N | Subpart N—Shark Fin Removal, Possession, Transfer and Landing | § 600.1201 Relation to other laws. | FWS | (a) Regulations pertaining to conservation and management (including record keeping and reporting) for certain shark fisheries are also set forth in parts 635 (for Federal Atlantic Ocean, Gulf of America, and Caribbean shark fisheries), 648 (for spiny dogfish fisheries), 660 (for fisheries off West Coast states), and 665 (for fisheries in the western Pacific) of this chapter. (b) This subpart does not apply to an individual engaged in commercial fishing for smooth dogfish ( Mustelus canis ) when the conditions in § 635.30(c)(5) have been met. (c) This subpart does not supersede state laws or regulations governing conservation and management of state shark fisheries in state waters. | |||||
| 50:50:12.0.1.1.1.14.1.3 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | N | Subpart N—Shark Fin Removal, Possession, Transfer and Landing | § 600.1202 Definitions. | FWS | (a) In addition to the definitions in the Magnuson-Stevens Act and in § 600.10, the terms used in this subpart have the following meanings: Fin means any of the fins of a shark (including the tail) or a portion thereof. Land or landing means offloading fish, or causing fish to be offloaded, from a fishing vessel, either to another vessel or to a shore side location or facility, or arriving in port, or at a dock, berth, beach, seawall, or ramp to begin offloading fish. Naturally attached, with respect to a shark fin, means attached to the corresponding shark carcass through some portion of uncut skin. (b) If there is any difference between a definition in this section and in § 600.10, the definition in this section is the operative definition for the purposes of this subpart. | |||||
| 50:50:12.0.1.1.1.14.1.4 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | N | Subpart N—Shark Fin Removal, Possession, Transfer and Landing | § 600.1203 Prohibitions. | FWS | (a) It is unlawful for any person to do, or attempt to do, any of the following: (1) Remove a fin at sea. (2) To have custody, control, or possession of a fin, aboard a fishing vessel, unless the fin is naturally attached. (3) Transfer a fin from one vessel to another vessel at sea unless the fin is naturally attached. (4) Receive a fin in a transfer from one vessel to another vessel at sea unless the fin is naturally attached. (5) Land a fin unless the fin is naturally attached. (6) Land a shark carcass without all of its fins naturally attached. (7) Possess, purchase, offer to sell, or sell fins or shark carcasses taken, transferred, landed, or possessed in violation of this section. (8) When requested, fail to allow an authorized officer or any employee of NMFS designated by a Regional Administrator, or by the Director of the Office of Sustainable Fisheries in the case of the Atlantic Highly Migratory Species, access to or inspection or copying of any records pertaining to the landing, sale, transfer, purchase, or other disposition of fins or shark carcasses. (b) For purposes of this section, it is a rebuttable presumption that: (1) If a fin is found aboard a vessel, other than a fishing vessel, without being naturally attached, such fin was transferred in violation of this section. (2) If, after landing, the total weight of fins landed from any vessel exceeds five percent of the total weight of shark carcasses landed, such fins were taken, held, or landed in violation of this section. | |||||
| 50:50:12.0.1.1.1.15.1.1 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | O | Subpart O—Limited Access Privilege Programs | §§ 600.1300-600.1309 [Reserved] | FWS | ||||||
| 50:50:12.0.1.1.1.15.1.2 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | O | Subpart O—Limited Access Privilege Programs | § 600.1310 New England and Gulf Individual Fishing Quota Referenda. | FWS | [73 FR 75973, Dec. 15, 2008, as amended at 90 FR 38003, Aug. 7, 2025] | (a) Purpose and scope. This section establishes procedures and guidelines for referenda to be conducted on Individual Fishing Quota (IFQ) program proposals developed by the New England Fishery Management Council (NEFMC) and the Gulf Fishery Management Council (GFMC). These procedures and guidelines also apply to IFQ program proposals developed by NMFS for fisheries under the jurisdiction of the NEFMC or GFMC, except for certain provisions that only apply to a fishery management council. This section provides guidance on developing voter eligibility and vote weighting, and establishes general procedures to ensure referenda are conducted in a fair and equitable manner. (b) Initiating IFQ referenda. (1) The NEFMC and the GFMC shall not submit, and the Secretary shall not approve, an FMP or FMP amendment that would create an IFQ program until the IFQ program proposal, as ultimately developed, has been approved by a referendum of eligible voters. Paragraph (h) of this section provides criteria for determining the outcome of IFQ referenda. (2) To initiate a referendum on a proposed IFQ program: (i) The relevant Council must have held public hearings on the FMP or FMP amendment in which the IFQ program is proposed; (ii) The relevant Council must have considered public comments on the proposed IFQ program; (iii) The relevant Council must have selected preferred alternatives for the proposed IFQ program; (iv) The chair of the Council with jurisdiction over such proposed IFQ fishery must request a referendum on the proposed IFQ program in a letter to the appropriate NMFS Regional Administrator; (v) The letter requesting initiation of a referendum must recommend voter eligibility criteria that are consistent with the applicable requirements of paragraph (c)(1) of this section and may also include recommended criteria for vote weighting. The letter must provide the rationale supporting the Council's recommendation, as well as such additional information and analyses as needed, consistent with applicable law and pr… | ||||
| 50:50:12.0.1.1.1.16.1.1 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | P | Subpart P—Marine Recreational Fisheries of the United States | § 600.1400 Definitions. | FWS | [77 FR 42191, July 18, 2012] | In addition to the definitions in the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) and in § 600.10 of this title, the terms used in this subpart have the following meanings. For purposes of this subpart, if applicable, the terms used in this subpart supersede those used in § 600.10. Anadromous species means the following: American shad: Alosa sapidissima Blueback herring: Alosa aestivalus Alewife: Alosa pseudoharengus Hickory shad: Alosa mediocris Alabama shad: Alosa alabamae Striped bass: Morone saxatilis Rainbow smelt: Osmerus mordax Atlantic salmon: Salmo salar Chinook, or king, salmon: Oncorhynchus tshawytscha Coho, or silver, salmon: Oncorhynchus kisutch Pink salmon: Oncorhynchus gorbuscha Sockeye salmon: Oncorhynchus nerka Chum salmon: Oncorhynchus keta Steelhead: Oncorhynchus mykiss Coastal cutthroat trout: Oncorhynchus clarki clarki Eulachon or candlefish: Thaleichthys pacificus Dolly varden: Salvelinus malma Sheefish or inconnu: Stenodus leucichthys Atlantic sturgeon: Acipenser oxyrhynchus oxyrhynchus Shortnose sturgeon: Acipenser brevirostrum Gulf sturgeon: Acipenser oxyrhynchus desotoi White sturgeon: Acipenser transmontanus Green sturgeon: Acipenser medirostris American shad: Alosa sapidissima Blueback herring: Alosa aestivalus Alewife: Alosa pseudoharengus Hickory shad: Alosa mediocris Alabama shad: Alosa alabamae Striped bass: Morone saxatilis Rainbow smelt: Osmerus mordax Atlantic salmon: Salmo salar Chinook, or king, salmon: Oncorhynchus tshawytscha Coho, or silver, salmon: Oncorhynchus kisutch Pink salmon: Oncorhynchus gorbuscha Sockeye salmon: Oncorhynchus nerka Chum salmon: Oncorhynchus keta Steelhead: Oncorhynchus mykiss Coastal cutthroat trout: Oncorhynchus clarki clarki Eulachon or candlefish: Thaleichthys pacificus Dolly varden: Salvelinus malma Sheefish or inconnu: Stenodus leucichthys Atlantic sturgeon: … | ||||
| 50:50:12.0.1.1.1.16.1.2 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | P | Subpart P—Marine Recreational Fisheries of the United States | § 600.1405 Angler registration. | FWS | [73 FR 79717, Dec. 30, 2008, as amended at 77 FR 42191, July 18, 2012] | (a) Effective January 1, 2010, the requirements of this section apply to any person who does any of the following: (1) Engages in angling or spearfishing for: (i) Fish in the EEZ; (ii) Anadromous species in any tidal waters; or (iii) Continental Shelf fishery resources beyond the EEZ. (2) Operates a for-hire fishing vessel in the EEZ. (3) Operates a for-hire fishing vessel that engages in angling or spearfishing for: (i) Anadromous species in any tidal waters; or (ii) Continental shelf fishery resources beyond the EEZ. (4) Possesses equipment used for angling or spearfishing and also possesses: (i) Fish in the EEZ; (ii) Anadromous species in any tidal waters; or (iii) Continental shelf fishery resources beyond the EEZ. (b) No person may engage in the activities listed in paragraph (a) of this section unless that person: (1) Has registered annually with NMFS in accordance with § 600.1410 of this part; (2) Holds a valid fishing license issued by, or is registered by, an exempted state; (3) Is a resident of an exempted state, but is not required to hold a fishing license, or to be registered to fish, under the laws of that state; (4) Holds a permit issued by NMFS for for-hire fishing under 50 CFR 622.4(a)(1), 635.4(b), 648.4(a), or 660.707(a)(1); (5) Is under the age of 16; (6) Is angling aboard a for-hire fishing vessel that is in compliance with NMFS and state for-hire vessel permit, license or registration requirements; (7) Holds a commercial fishing license or permit issued by NMFS or a state and is lawfully fishing or in possession of fish taken under the terms and conditions of such license or permit; (8) Holds an HMS Angling permit under 50 CFR 635.4(c) or a MHI Non-commercial Bottomfish permit under 50 CFR 665.203(a)(2); (9) Holds a subsistence fishing license or permit issued by NMFS or a state and is lawfully fishing or in possession of fish taken under the terms and conditions of such license or permit; or (10) Is angling or spearfishing for, or operating a for-hire fishing vessel t… | ||||
| 50:50:12.0.1.1.1.16.1.3 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | P | Subpart P—Marine Recreational Fisheries of the United States | § 600.1410 Registry process. | FWS | (a) A person may register through the NMFS web site at www.nmfs.noaa.gov or by calling a toll-free telephone number available by contacting NMFS or at the NMFS website. (b) Individuals must submit their name; address; telephone number; date of birth; region(s) of the country in which they intend to fish in the upcoming year; and additional information necessary for the issuance or administration of the registration. (c) To register a for-hire fishing vessel, the vessel owner or operator must submit vessel owner name, address, date of birth, and telephone number; vessel operator (if different) name, address, date of birth and telephone number; vessel name; vessel's state registration or U.S. Coast Guard documentation number; home port or principal area of operation; and additional information necessary for the issuance or administration of the registration. (d) NMFS will issue a registration number and certificate to registrants. A registration number and certificate will be valid for one year from the date on which it is issued. (e) It shall be unlawful for any person to submit false, inaccurate or misleading information in connection with any registration request. (f) Fees. Effective January 1, 2011, persons registering with NMFS must pay an annual fee. The annual schedule for such fees will be published in the Federal Register. Indigenous people engaging in angling or spear fishing must register, but are not required to pay a fee. | |||||
| 50:50:12.0.1.1.1.16.1.4 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | P | Subpart P—Marine Recreational Fisheries of the United States | § 600.1415 Procedures for designating exempted states-general provisions. | FWS | (a) States with an exempted state designation must: (1) Submit state angler and for-hire vessel license holder data to NMFS for inclusion in a national or regional registry database; or (2) Participate in regional surveys of recreational catch and effort and make the data from those surveys available to NMFS. (b) Process for getting an exempted state designation: (1) To apply for exempted state designation, a state must submit: (i) A complete description of the data it intends to submit to NMFS; (ii) An assessment of how the data conforms to the requirements of §§ 600.1416 or 600. 1417; (iii) A description of the database in which the data exists and will be transmitted; and (iv) The proposed process, schedule and frequency of submission of the data. (2) If NMFS determines the submitted material meets the requirements of §§ 600.1416 or 600.1417, NMFS will initiate negotiations with the state on a Memorandum of Agreement. The Memorandum of Agreement must include the terms and conditions of the data-sharing program. The Memorandum of Agreement and state designation may be limited to data-sharing related to only anglers or only for-hire fishing vessels. (3) Following execution of a Memorandum of Agreement, NMFS will publish a notice of the exempted state designation in the Federal Register. | |||||
| 50:50:12.0.1.1.1.16.1.5 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | P | Subpart P—Marine Recreational Fisheries of the United States | § 600.1416 Requirements for exempted state designation based on submission of state license holder data. | FWS | [73 FR 79717, Dec. 30, 2008, as amended at 77 FR 42191, July 18, 2012] | (a) A state must annually update and submit to NMFS, in a format consistent with NMFS guidelines, the name, address and, to the extent available in the state's database, telephone number and date of birth, of all persons and for-hire vessel operators, and the name and state registration number or U.S. Coast Guard documentation number of for-hire vessels that are licensed to fish, or are registered as fishing, in the EEZ, in the tidal waters of the state, or for anadromous species. The Memorandum of Agreement developed in accordance with § 600.1415(b)(2) will specify the timetable for a state to compile and submit complete information telephone numbers and dates of birth for its license holders/registrants. The waters of the state for which such license-holder data must be submitted will be specified in the Memorandum of Agreement. (b) A state is eligible to be designated as an exempted state even if its licensing program excludes anglers who are: (1) Under 17 years of age; (2) Over age 59 (see § 600.1416(d)(1)); (3) Customers on licensed for-hire vessels; (4) Customers on state-licensed fishing piers, provided that the pier license holder provides to the state complete angler contact information or angler effort information for users of the pier; (5) On active military duty while on furlough; or (6) Disabled or a disabled Veteran as defined by the state. (7) Fishing on days designated as “free fishing days” by states. “ Free fishing days” means fishing promotion programs by which states allow new anglers to fish for a specified day without a license or registration. (c) Unless the state can demonstrate that a given category of anglers is so small it has no significant probability of biasing estimates of fishing effort if these anglers are not included in a representative sample, a state may not be designated as an exempted state if its licensing or registration program excludes anglers in any category other than those listed in paragraph (b) of this section. (d) Required enhancements to exempted state … | ||||
| 50:50:12.0.1.1.1.16.1.6 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | P | Subpart P—Marine Recreational Fisheries of the United States | § 600.1417 Requirements for exempted state designation based on submission of recreational survey data. | FWS | [73 FR 79717, Dec. 30, 2008, as amended at 77 FR 42192, July 18, 2012] | (a) To be designated as an exempted state based on the state's participation in a regional survey of marine and anadromous recreational fishing catch and effort, a state may submit to NMFS a proposal that fully describes the state's participation in a qualifying regional survey, and the survey's sample design, data collection and availability. (b) A qualifying regional survey must: (1) Include all of the states within each region as follows: (i) Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia and Florida (Atlantic coast); (ii) Florida (Gulf of America coast), Alabama, Mississippi, Louisiana, and Texas; (iii) Puerto Rico; (iv) U.S. Virgin Islands; (v) California, Oregon and Washington; (vi) Alaska; (vii) Hawaii; or (viii) American Samoa, Guam and the Commonwealth of the Northern Mariana Islands. (2) Utilize angler registry data, or direct field counts to obtain angler effort, or other appropriate statistical means to obtain fishing effort; (3) Utilize angler registry data to identify individuals to be surveyed by telephone, mail or Internet if such regional survey includes a telephone survey component; and (4) Meet NMFS survey design and data collection standards. | ||||
| 50:50:12.0.1.1.1.17.1.1 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | Q | Subpart Q—Vessel Monitoring System Type-Approval | § 600.1500 Definitions and acronyms. | FWS | In addition to the definitions in the Magnuson-Stevens Act and in § 600.10, and the acronyms in § 600.15, the terms and acronyms in this subpart have the following meanings: Authorized entity means a person, defined at 16 U.S.C. 1802(36), authorized to receive data transmitted by a VMS unit. Bench configuration means the configuration of a VMS unit after it has been customized to meet the Federal VMS requirements. Bundle means a mobile communications service and VMS unit sold as a package and considered one product. If a bundle is type-approved, the requestor will be the type-approval holder for the bundled MCS and VMS unit. Cellular communication means the wireless transmission of VMS data via a cellular network. Communication class means the satellite or cellular communications operator from which communications services originate. Electronic form means a pre-formatted message transmitted by a VMS unit that is required for the collection of data for a specific fishery program ( e.g., declaration system, catch effort reporting). Enhanced Mobile Transceiver Unit (EMTU) means a type of MTU that is capable of supporting two-way communication, messaging, and electronic forms transmission via satellite. An EMTU is a transceiver or communications device, including an antenna, and dedicated message terminal and display which can support a dedicated input device such as a tablet or keyboard, installed on fishing vessels participating in fisheries with a VMS requirement. Enhanced Mobile Transceiver Unit, Cellular Based (EMTU-C) means an EMTU that transmits and receives data via cellular communications, except that it may not need a dedicated message terminal and display component at the time of approval as explained at § 600.1502(a)(6). An EMTU-C only needs to be capable of transmission and reception when in the range of a cellular network. Latency means the state of untimely delivery of Global Positioning System position reports and electronic forms to NMFS ( i.e., information is not delivered to NMF… | |||||
| 50:50:12.0.1.1.1.17.1.10 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | Q | Subpart Q—Vessel Monitoring System Type-Approval | § 600.1509 General. | FWS | (a) An EMTU/EMTU-C must have the durability and reliability necessary to meet all requirements of §§ 600.1502 through 600.1507 regardless of weather conditions, including when placed in a marine environment where the unit may be subjected to saltwater (spray) in smaller vessels, and in larger vessels where the unit may be maintained in a wheelhouse. The unit, cabling and antenna must be resistant to salt, moisture, and shock associated with sea-going vessels in the marine environment. (b) PII and Other Protected Information. Personally identifying information (PII) and other protected information includes Magnuson-Stevens Act confidential information as provided at 16 U.S.C. 1881a and Business Identifiable Information (BII), as defined in the Department of Commerce Information Technology Privacy Policy. A type-approval holder is responsible for ensuring that: (1) All PII and other protected information is handled in accordance with applicable state and Federal law. (2) All PII and other protected information provided to the type-approval holder by vessel owners or other authorized personnel for the purchase or activation of an EMTU/EMTU-C or arising from participation in any Federal fishery are protected from disclosure not authorized by NMFS or the vessel owner or other authorized personnel. (3) Any release of PII or other protected information beyond authorized entities must be requested and approved in writing, as appropriate, by the submitter of the data in accordance with 16 U.S.C. 1881a, or by NMFS. (4) Any PII or other protected information sent electronically by the type-approval holder to the NMFS Office of Law Enforcement must be transmitted by a secure means that prevents interception, spoofing, or viewing by unauthorized individuals. | |||||
| 50:50:12.0.1.1.1.17.1.11 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | Q | Subpart Q—Vessel Monitoring System Type-Approval | § 600.1510 Notification of type-approval. | FWS | (a) If a request made pursuant to § 600.1501 (type-approval) is approved or partially approved, NMFS will issue a type-approval letter to indicate the specific EMTU/EMTU-C model, MCSP, or bundle that is approved for use, the MCS or class of MCSs permitted for use with the type-approved EMTU, and the regions or fisheries in which the EMTU/EMTU-C, MCSP, or bundle is approved for use. (b) The NMFS Office of Law Enforcement will maintain a list of type-approved EMTUs/EMTU-C, MCSPs, and bundles on a publicly available website and provide copies of the list upon request. | |||||
| 50:50:12.0.1.1.1.17.1.12 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | Q | Subpart Q—Vessel Monitoring System Type-Approval | § 600.1511 Changes or modifications to type-approvals. | FWS | Type-approval holders must notify NMFS Office of Law Enforcement (OLE) in writing no later than 2 days following modification to or replacement of any functional component or piece of their type-approved EMTU, EMTU-C, or MTU configuration, MCS, or bundle. If the changes are substantial, NMFS OLE will notify the type-approval holder in writing within 60 calendar days that an amended type-approval is required or that NMFS will initiate the type-approval revocation process. | |||||
| 50:50:12.0.1.1.1.17.1.13 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | Q | Subpart Q—Vessel Monitoring System Type-Approval | § 600.1512 Type-approval revocation process. | FWS | (a) If at any time, a type-approved EMTU/EMTU-C, MCS, or bundle fails to meet requirements at §§ 600.1502 through 600.1509 or applicable VMS regulations and requirements in effect for the region(s) and Federal fisheries for which the EMTU/EMTU-C or MCS is type-approved, or if an MTU fails to meet the requirements under which it was type-approved, OLE may issue a Notification Letter to the type-approval holder that: (1) Identifies the MTU, EMTU, EMTU-C, MCS, or bundle that allegedly fails to comply with type-approval regulations and requirements; (2) Identifies the alleged failure to comply with type-approval regulations and requirements, and the urgency and impact of the alleged failure; (3) Cites relevant regulations and requirements under this subpart; (4) Describes the indications and evidence of the alleged failure; (5) Provides documentation and data demonstrating the alleged failure; (6) Sets a response date by which the type-approval holder must submit to NMFS OLE a written response to the Notification Letter, including, if applicable, a proposed solution; and (7) Explains the type-approval holder's options if the type-approval holder believes the Notification Letter is in error. (b) NMFS will establish a response date between 30 and 120 calendar days from the date of the Notification Letter. The type-approval holder's response must be received in writing by NMFS on or before the response date. If the type-approval holder fails to respond by the response date, the type-approval will be revoked. At its discretion and for good cause, NMFS may extend the response date to a maximum of 150 calendar days from the date of the Notification Letter. (c) A type-approval holder who has submitted a timely response may meet with NMFS within 21 calendar days of the date of that response to discuss a detailed and agreed-upon procedure for resolving the alleged failure. The meeting may be in person, conference call, or webcast. (d) If the type-approval holder disagrees with the Notification Letter and believes th… | |||||
| 50:50:12.0.1.1.1.17.1.14 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | Q | Subpart Q—Vessel Monitoring System Type-Approval | § 600.1513 Type-approval revocation appeals process. | FWS | (a) If a type-approval holder receives a Revocation Letter pursuant to § 600.1512, the type-approval holder may file an appeal of the revocation to the NMFS Assistant Administrator. (b) An appeal must be filed within 14 calendar days of the date of the Revocation Letter. A type-approval holder may not request an extension of time to file an appeal. (c) An appeal must include a complete copy of the Revocation Letter and its attachments and a written statement detailing any facts or circumstances explaining and refuting the failures summarized in the Revocation Letter. (d) The NMFS Assistant Administrator may, at his or her discretion, affirm, vacate, or modify the Revocation Letter and send a letter to the type-approval holder explaining his or her determination, within 21 calendar days of receipt of the appeal. The NMFS Assistant Administrator's determination constitutes the final agency decision. | |||||
| 50:50:12.0.1.1.1.17.1.15 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | Q | Subpart Q—Vessel Monitoring System Type-Approval | § 600.1514 Revocation effective date and notification to vessel owners. | FWS | (a) Following issuance of a Revocation Letter pursuant to § 600.1512 and any appeal pursuant to § 600.1513, NMFS will provide notice to all vessel owners impacted by the type-approval revocation via letter and Federal Register notice. NMFS will provide information to impacted vessel owners on: (1) The next steps vessel owners should take to remain in compliance with regional and/or national VMS requirements; (2) The date, 60-90 calendar days from the notice date, on which the type-approval revocation will become effective; (3) Reimbursement of the cost of a new type-approved EMTU/EMTU-C, should funding for reimbursement be available pursuant to § 600.1516. | |||||
| 50:50:12.0.1.1.1.17.1.16 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | Q | Subpart Q—Vessel Monitoring System Type-Approval | § 600.1515 Litigation support. | FWS | (a) All technical aspects of a type-approved EMTU, EMTU-C, MTU, MCS, or bundle are subject to being admitted as evidence in a court of law, if needed. The reliability of all technologies utilized in the EMTU, EMTU-C, MTU, MCS, or bundle may be analyzed in court for, inter alia, testing procedures, error rates, peer review, technical processes and general industry acceptance. (b) The type-approval holder must, as a requirement of the holder's type-approval, provide technical and expert support for litigation to substantiate the EMTU/EMTU-C, MCS, or bundle capabilities to establish NMFS Office of Law Enforcement cases against violators, as needed. If the technologies have previously been subject to such scrutiny in a court of law, the type-approval holder must provide NMFS with a brief summary of the litigation and any court findings on the reliability of the technology. (c) The type-approval holder will be required to sign a non-disclosure agreement limiting the release of certain information that might compromise the effectiveness of the VMS operations. | |||||
| 50:50:12.0.1.1.1.17.1.17 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | Q | Subpart Q—Vessel Monitoring System Type-Approval | § 600.1516 Reimbursement opportunities for revoked Vessel Monitoring System type-approval products. | FWS | (a) Subject to the availability of funds, vessel owners may be eligible for reimbursement payments for a replacement EMTU/EMTU-C if: (1) All eligibility and process requirements specified by NMFS are met as described in NMFS Policy Directive 06-102; and (2) The replacement type-approved EMTU/EMTU-C is installed on the vessel, and reporting to NMFS Office of Law Enforcement; and (3) The type-approval for the previously installed EMTU/EMTU-C has been revoked by NMFS; or (4) NMFS requires the vessel owner to purchase a new EMTU/EMTU-C prior to the end of an existing unit's service life. (b) The cap for individual reimbursement payments is subject to change. If this occurs, NMFS Office of Law Enforcement will publish a notice in the Federal Register announcing the change. | |||||
| 50:50:12.0.1.1.1.17.1.2 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | Q | Subpart Q—Vessel Monitoring System Type-Approval | § 600.1501 Vessel Monitoring System type-approval process. | FWS | (a) Applicability. Unless otherwise specified, this section applies to EMTUs, EMTU-Cs, units that operate as both an EMTU and EMTU-C, and MCSs. Units that can operate as both an EMTU and EMTU-C must meet the requirements for both an EMTU and an EMTU-C in order to gain type-approval as both. MTUs are no longer eligible for type-approval. (b) Application submission. A requestor must submit a written type-approval request and electronic copies of supporting materials that include the information required under this section to the NMFS Office of Law Enforcement (OLE) at: U.S. Department of Commerce; National Oceanic and Atmospheric Administration; National Marine Fisheries Service; Office of Law Enforcement; Attention: Vessel Monitoring System Office; 1315 East-West Highway, SSMC3, Suite 3301, Silver Spring, Maryland 20910. (c) Application requirements. (1) EMTU, EMTU-C, and MCS Identifying Information: In a type-approval request, the requestor should indicate whether the requestor is seeking approval for an EMTU, EMTU-C, MCS, or bundle and must specify identifying characteristics, as applicable: Communication class; manufacturer; brand name; model name; model number; software version and date; firmware version number and date; hardware version number and date; antenna type; antenna model number and date; tablet, monitor or terminal model number and date; MCS to be used in conjunction with the EMTU/EMTU-C; entity providing MCS to the end user; and current global and regional coverage of the MCS. (2) Requestor-approved third party business entities: The requestor must provide the business name, address, phone number, contact name(s), email address, specific services provided, and geographic region covered for the following third party business entities: (i) Entities providing bench configuration for the EMTU/EMTU-C at the warehouse or point of supply. (ii) Entities distributing/selling the EMTU/EMTU-C to end users. (iii) Entities currently approved by the requestor to install the EMTU/EMTU-C onboard vessel… | |||||
| 50:50:12.0.1.1.1.17.1.3 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | Q | Subpart Q—Vessel Monitoring System Type-Approval | § 600.1502 Communications functionality. | FWS | (a) Unless otherwise specified, this subsection applies to all VMS units. Units that can operate as both an EMTU and EMTU-C must meet the requirements for both an EMTU and an EMTU-C in order to gain type-approval as both. The VMS unit must: (1) Be able to transmit all automatically-generated position reports. (2) Provide visible or audible alarms onboard the vessel to indicate malfunctioning of the VMS unit. (3) Be able to disable non-essential alarms in non-Global Maritime Distress and Safety System (GMDSS) installations. (4) EMTU/EMTU-Cs must be able to send communications that function uniformly throughout the geographic area(s) covered by the type-approval, except an EMTU-C only needs to be capable of transmission and reception when in the range of a cellular network. (5) EMTU/EMTU-Cs must have two-way communications between the unit and authorized entities, via MCS, or be able to connect to a device that has two-way communications. (6) EMTU/EMTU-Cs must be able to run or to connect to a dedicated message terminal and display component that can run software and/or applications that send and receive electronic forms and internet email messages for the purpose of complying with VMS reporting requirements in Federal fisheries. Depending on the reporting requirements for the fishery(s) in which the requester is seeking type-approval, an EMTU-C type-approval may not require the inclusion of a dedicated message terminal and display component at the time of approval, but the capability to support such a component must be shown. (7) Have messaging and communications mechanisms that are completely compatible with NMFS vessel monitoring and surveillance software. (b) In addition, messages and communications from a VMS unit must be able to be parsed out to enable clear billing of costs to the government and to the owner of a vessel or EMTU/EMTU-C, when necessary. Also, the costs associated with position reporting and the costs associated with other communications (for example, personal email or communications/re… | |||||
| 50:50:12.0.1.1.1.17.1.4 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | Q | Subpart Q—Vessel Monitoring System Type-Approval | § 600.1503 Position report data formats and transmission. | FWS | Unless otherwise specified, this subsection applies to all VMS units, MCSs and bundles. Units that can operate as both an EMTU and EMTU-C must meet the requirements for both an EMTU and an EMTU-C in order to gain type-approval as both. To be type-approved in any given fishery, a VMS unit must also meet any additional positioning information as required by the applicable VMS regulations and requirements in effect for each fishery or region for which the type-approval applies. The VMS unit must meet the following requirements: (a) Transmit all automatically-generated position reports, for vessels managed individually or grouped by fleet, that meet the latency requirement under § 600.1504. (b) When powered up, must automatically re-establish its position reporting function without manual intervention. (c) Position reports must contain all of the following: (1) Unique identification of an EMTU/EMTU-C and clear indication if the unit is an EMTU-C. (2) Date (year/month/day with century in the year) and time stamp (GMT) of the position fix. (3) Date (year/month/day with century in the year) and time stamp (GMT) that the EMTU-C position report was sent from the EMTU-C. (4) Position fixed latitude and longitude, including the hemisphere of each, which comply with the following requirements: (i) The position fix precision must be to the decimal minute hundredths. (ii) Accuracy of the reported position must be within 100 meters (328.1 ft). (d) An EMTU/EMTU-C must have the ability to: (1) Store 1,000 position fixes in local, non-volatile memory. (2) Allow for defining variable reporting intervals between 5 minutes and 24 hours. (3) Allow for changes in reporting intervals remotely and only by authorized users. (e) An EMTU/EMTU-C must generate specially identified position reports upon: (1) Antenna disconnection. (2) Loss of positioning reference signals. (3) Security events, power-up, power down, and other status data. (4) A request for EMTU/EMTU-C status information such as configuration of programming and … | |||||
| 50:50:12.0.1.1.1.17.1.5 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | Q | Subpart Q—Vessel Monitoring System Type-Approval | § 600.1504 Latency requirement. | FWS | (a) Ninety percent of all pre-programmed or requested Global Positioning System position reports during each 24-hour period must reach NMFS within 15 minutes or less of being sent from the VMS unit, for 10 out of 11 consecutive days (24-hour time periods). (b) NMFS will continually examine latency by region and by type-approval holder. (c) Exact dates for calculation of latency will be chosen by NMFS. Days in which isolated and documented system outages occur will not be used by NMFS to calculate a type-approval holder's latency. | |||||
| 50:50:12.0.1.1.1.17.1.6 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | Q | Subpart Q—Vessel Monitoring System Type-Approval | § 600.1505 Messaging. | FWS | (a) Unless otherwise specified, this section applies to all VMS units, MCSs, and bundles. Units that can operate as both an EMTU and EMTU-C must meet the requirements for both an EMTU and an EMTU-C in order to gain type-approval as both. Depending on the reporting requirements for the fishery(s) in which the requester is seeking type-approval, an EMTU-C type-approval may not require the inclusion of a dedicated message terminal and display component at the time of approval, but the capability to support such a component must be shown. To be type-approved in any given fishery, a VMS unit must meet messaging information requirements under the applicable VMS regulations and requirements in effect for each fishery or region for which the type-approval applies. The VMS unit must also meet the following requirements: (b) An EMTU must be able to run software and/or applications that send email messages for the purpose of complying with VMS reporting requirements in Federal fisheries that require email communication capability. An EMTU-C must be able to run or connect to a device that can run such software and/or applications. In such cases, the EMTU/EMTU-C messaging must provide for the following capabilities: (1) Messaging from vessel to shore, and from shore to vessel by authorized entities, must have a minimum supported message length of 1 KB. For EMTU-Cs, this messaging capability need only be functional when in range of shore-based cellular communications. (2) There must be a confirmation of delivery function that allows a user to ascertain whether a specific message was successfully transmitted to the MCS email server(s). (3) Notification of failed delivery to the EMTU/EMTU-C must be sent to the sender of the message. The failed delivery notification must include sufficient information to identify the specific message that failed and the cause of failure ( e.g., invalid address, EMTU/EMTU-C switched off, etc. ). (4) The EMTU/EMTU-C must have an automatic retry feature in the event that a message fails to be… | |||||
| 50:50:12.0.1.1.1.17.1.7 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | Q | Subpart Q—Vessel Monitoring System Type-Approval | § 600.1506 Electronic forms. | FWS | Unless otherwise specified, this subsection applies to all EMTUs, EMTU-Cs, MCSs, and bundles. (a) Forms. An EMTU/EMTU-C must be able to run, or to connect to and transmit data from a device that can run electronic forms software. Depending on the reporting requirements for the fishery(s) in which the requester is seeking type-approval, an EMTU-C type-approval may not require the inclusion of a dedicated message terminal and display component at the time of approval, but the capability to support such a component must be shown. The EMTU/EMTU-C must be able to support forms software that can hold a minimum of 20 electronic forms, and it must also meet any additional forms requirements in effect for each fishery or region for which the type-approval applies. The EMTU/EMTU-C must meet the following requirements: (1) Form Validation: Each field on a form must be capable of being defined as Optional, Mandatory, or Logic Driven. Mandatory fields are those fields that must be entered by the user before the form is complete. Optional fields are those fields that do not require data entry. Logic-driven fields have their attributes determined by earlier form selections. Specifically, a logic-driven field must allow for selection of options in that field to change the values available as menu selections on a subsequent field within the same form. (2) A user must be able to select forms from a menu on the EMTU/EMTU-C. (3) A user must be able to populate a form based on the last values used and “modify” or “update” a prior submission without unnecessary re-entry of data. A user must be able to review a minimum of 20 past form submissions and ascertain for each form when the form was transmitted and whether delivery was successfully sent to the type-approval holder's VMS data processing center. In the case of a transmission failure, a user must be provided with details of the cause and have the opportunity to retry the form submission. (4) VMS Position Report: Each form must include VMS position data, including latitud… | |||||
| 50:50:12.0.1.1.1.17.1.8 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | Q | Subpart Q—Vessel Monitoring System Type-Approval | § 600.1507 Communications security. | FWS | Communications between an EMTU/EMTU-C and MCS must be secure from tampering or interception, including the reading of passwords and data. The EMTU/EMTU-C and MCS must have mechanisms to prevent to the extent possible: (a) Sniffing and/or interception during transmission from the EMTU/EMTU-C to MCS. (b) Spoofing. (c) False position reports sent from an EMTU/EMTU-C. (d) Modification of EMTU/EMTU-C identification. (e) Interference with Global Maritime Distress and Safety System (GMDSS) or other safety/distress functions. (f) Introduction of malware, spyware, keyloggers, or other software that may corrupt, disturb, or disrupt messages, transmission, and the VMS system. (g) The EMTU/EMTU-C terminal from communicating with, influencing, or interfering with the Global Positioning System antenna or its functionality, position reports, or sending of position reports. The position reports must not be altered, corrupted, degraded, or at all affected by the operation of the terminal or any of its peripherals or installed-software. (h) VMS data must be encrypted and sent securely through all associated cellular, satellite, and internet communication pathways and channels. | |||||
| 50:50:12.0.1.1.1.17.1.9 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | Q | Subpart Q—Vessel Monitoring System Type-Approval | § 600.1508 Field and technical services. | FWS | As a requirement of its type-approval, a type-approval holder must communicate with NMFS to resolve technical issues with a VMS Unit, MCS or bundle and ensure that field and technical services includes: (a) Diagnostic and troubleshooting support to NMFS and fishers, which is available 24 hours a day, seven days per week, and year-round. (b) Response times for customer service inquiries that shall not exceed 24 hours. (c) Warranty and maintenance agreements. (d) Escalation procedures for resolution of problems. (e) Established facilities and procedures to assist fishers in maintaining and repairing their EMTU, EMTU-C, or MTU. (f) Assistance to fishers in the diagnosis of the cause of communications anomalies. (g) Assistance in resolving communications anomalies that are traced to the EMTU, EMTU-C, or MTU. (h) Assistance to NMFS Office of Law Enforcement and its contractors, upon request, in VMS system operation, resolving technical issues, and data analyses related to the VMS Program or system. | |||||
| 50:50:12.0.1.1.1.18.1.1 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | R | Subpart R—Standardized Bycatch Reporting Methodology | § 600.1600 Purpose and scope. | FWS | Section 303(a)(11) of the Magnuson-Stevens Act requires that any fishery management plan (FMP) with respect to any fishery shall establish a standardized reporting methodology to assess the amount and type of bycatch occurring in the fishery. 16 U.S.C. 1853(a)(11). The purpose of a standardized reporting methodology is to collect, record, and report bycatch data in a fishery that, in conjunction with other relevant sources of information, are used to assess the amount and type of bycatch occurring in the fishery and inform the development of conservation and management measures that, to the extent practicable, minimize bycatch and bycatch mortality. This subpart sets forth requirements for and guidance on establishing and reviewing a standardized reporting methodology. | |||||
| 50:50:12.0.1.1.1.18.1.2 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | R | Subpart R—Standardized Bycatch Reporting Methodology | § 600.1605 Definitions and word usage. | FWS | (a) Definitions. In addition to the definitions in the Magnuson-Stevens Act and § 600.10, standardized reporting methodology means an established, consistent procedure or procedures used to collect, record, and report bycatch data in a fishery, which may vary from one fishery to another. Bycatch assessment is not part of the standardized reporting methodology, but must be considered as described in § 600.1610(a)(2)(iv). (b) Word usage. The terms “bycatch” and “fishery” are used in the same manner as in 16 U.S.C. 1802. The terms “must”, “should”, “may”, “will”, “could”, and “can” are used in the same manner as in § 600.305(c). The term “Council” is used in the same manner as in § 600.305(d)(10), and includes the regional fishery management Councils and the Secretary of Commerce, as appropriate (16 U.S.C. 1854(c) and (g)). | |||||
| 50:50:12.0.1.1.1.18.1.3 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | R | Subpart R—Standardized Bycatch Reporting Methodology | § 600.1610 Establishing and reviewing standardized bycatch reporting methodologies in fishery management plans. | FWS | (a) Establishing a standardized reporting methodology —(1) Fishery management plan contents. An FMP must identify the required procedure or procedures that constitute the standardized reporting methodology for the fishery. The required procedures may include, but are not limited to, one or more of the following: Observer programs, electronic monitoring and reporting technologies, and self-reported mechanisms ( e.g., recreational sampling, industry-reported catch and discard data). The FMP, or a fishery research plan authorized under 16 U.S.C. 1862, must explain how the standardized reporting methodology meets the purpose described in § 600.1600, based on an analysis of the requirements under § 600.1610(a)(2). The FMP, or fishery research plan authorized under 16 U.S.C. 1862, may reference analyses and information in other FMPs, FMP amendments, Stock Assessment and Fishery Evaluation (SAFE) reports, or other documents. Councils should work together and collaborate on standardized reporting methodologies for fisheries that operate across multiple jurisdictions, as appropriate. In addition to proposing regulations necessary to implement the standardized reporting methodology, a Council should also provide in its FMP, or a fishery research plan authorized under 16 U.S.C. 1862, guidance to NMFS on how to adjust implementation of a standardized reporting methodology consistent with the FMP. See National Standard 6 guidelines, § 600.335. (2) Requirements for standardized reporting methodology. The FMP must establish a standardized reporting methodology as provided under § 600.1610(a)(1) that meets the specific purpose described in § 600.1600. Due to the inherent diversity of fisheries, different standardized reporting methodologies may be appropriate for different fisheries. However, when establishing or reviewing a standardized reporting methodology, a Council must address the following: (i) Information about the characteristics of bycatch in the fishery. A Council must address information about the character… | |||||
| 50:50:12.0.1.1.1.2.1.1 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | B | Subpart B—Regional Fishery Management Councils | § 600.105 Intercouncil boundaries. | FWS | [61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 75 FR 59149, Sept. 27, 2010] | (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 Councils. The boundary coincides with the line of demarcation between the Atlantic Ocean and the Gulf of America, 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 mainland at the eastern end of Florida Bay, the line so running that the narrow waters within the Dry Tortugas Islands, the Marquesas Keys and the Florida Keys, and between the Florida Keys and the mainland, are within the Gulf of America. | ||||
| 50:50:12.0.1.1.1.2.1.10 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | B | Subpart B—Regional Fishery Management Councils | § 600.135 Meeting procedures. | FWS | [66 FR 57887, Nov. 19, 2001, as amended at 75 FR 59150, Sept. 27, 2010] | (a) Regular meetings. Public notice of a regular meeting, including the meeting agenda, of each Council, CCC, SSC, AP, FIAC, or other committees established under Magnuson-Stevens Act, Sec. 302(g), must be published in the Federal Register at least 14 calendar days prior to the meeting date. Appropriate 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 interest 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 additional matters for Council action without public notice given at least 14 calendar 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 public meeting notices must be received by NMFS headquarters office at least 23 calendar days before the first day of the regular meeting. Councils must ensure that all public meetings are accessible to persons with disabilities, and that the public can make timely requests 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 Register, notices of emergency meetings must be promptly announced through any means that will result in wide publicity in the major fishing ports of the region. E-mail notification and website postings alone are not sufficient. (c) Closed meetings. After proper notification by any means that will result in wide publicity in the major fishing ports within the region and, having included in the notification the time and place of the meeting and the rea… | ||||
| 50:50:12.0.1.1.1.2.1.11 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | B | Subpart B—Regional Fishery Management Councils | § 600.140 Procedure for proposed regulations. | FWS | [75 FR 59150, Sept. 27, 2010] | (a) Each Council must establish a written procedure for proposed regulations consistent with section 303(c) of the Magnuson-Stevens Act. The procedure must describe how the Council deems proposed regulations necessary or appropriate for the purposes of implementing a fishery management plan or a plan amendment, or making modifications 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. | ||||
| 50:50:12.0.1.1.1.2.1.12 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | B | Subpart B—Regional Fishery Management Councils | § 600.150 Disposition of records. | FWS | [66 FR 57887, Nov. 19, 2001, as amended at 75 FR 59151, Sept. 27, 2010] | (a) Council records must be handled in accordance with NOAA records management office procedures. All records and documents created or received by Council employees while in active duty status belong to the Federal Government. When employees leave the Council, they may not take the original or file copies of records with them. (b) Each Council is required to maintain documents generally available to the public on its Internet site. Documents for posting must include: fishery management plans and their amendments for the fisheries for which the Council is responsible, drafts of fishery management plans and plan amendments under consideration, analysis of actions the Council has under review, minutes or official reports of past meetings of the Council and its committees, 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 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. | ||||
| 50:50:12.0.1.1.1.2.1.13 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | B | Subpart B—Regional Fishery Management Councils | § 600.155 Freedom of Information Act (FOIA) requests. | FWS | [80 FR 57738, Sept. 25, 2015] | (a) FOIA requests received by a Council should be coordinated promptly with the appropriate NMFS Regional Office. The Region will forward the request to the NOAA FOIA Officer to secure a FOIA number and log the request into FOIAonline. The Region will also obtain clearance from the NOAA General Counsel's Office concerning initial determination for denial of requested information. (b) FOIA request processing will be controlled and documented in the Region. 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 withheld, must be cleared through the NMFS FOIA Liaison. Upon completion, a copy of the signed letter transmitting the information to the requester should be posted to FOIAonline by NMFS. | ||||
| 50:50:12.0.1.1.1.2.1.2 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | B | Subpart B—Regional Fishery Management Councils | § 600.110 Intercouncil fisheries. | FWS | If any fishery extends beyond the geographical area of authority of any one Council, the Secretary may— (a) Designate a single Council to prepare the FMP for such fishery and any amendments to such FMP, in consultation with the other Councils concerned; or (b) Require that the FMP and any amendments be prepared jointly by all the Councils concerned. (1) A jointly prepared FMP or amendment must be adopted by a majority of the voting members, present and voting, of each participating Council. Different 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 “administrative lead.” The “administrative lead” Council is responsible for the preparation of the FMP or any amendments and other required documents for submission to the Secretary. (3) None of the Councils involved in joint preparation may withdraw without Secretarial approval. If Councils cannot agree on approach or management measures within a reasonable period of time, the Secretary may designate a single Council to prepare the FMP or may issue the FMP under Secretarial authority. | |||||
| 50:50:12.0.1.1.1.2.1.3 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | B | Subpart B—Regional Fishery Management Councils | § 600.115 Statement of organization, practices, and procedures (SOPP). | FWS | [61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 75 FR 59149, Sept. 27, 2010] | (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 Secretary (section 302(f)(6)) of the Magnuson-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 cooperative agreement (the funding agreement between the Council and NOAA that establishes Council funding and mandates specific requirements regarding the use of those funds), the statutory 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 lawful, from the guidelines with appropriate supporting rationale, and Secretarial approval of each amendment to a SOPP would constitute approval of any such deviations for that particular Council. | ||||
| 50:50:12.0.1.1.1.2.1.4 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | B | Subpart B—Regional Fishery Management Councils | § 600.117 Council coordination committee (CCC). | FWS | [75 FR 59150, Sept. 27, 2010] | (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 members or staff, in order to discuss issues of relevance to all Councils. (b) The CCC is not subject to the requirements of the Federal Advisory Committee Act (5 U.S.C. App. 2). Procedures for announcing and conducting open and closed meetings of the CCC shall be in accordance with § 600.135. | ||||
| 50:50:12.0.1.1.1.2.1.5 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | B | Subpart B—Regional Fishery Management Councils | § 600.120 Employment practices. | FWS | [66 FR 57886, Nov. 19, 2001] | (a) Council staff positions must be filled solely on the basis of merit, fitness for duty, competence, and qualifications. Employment actions must be free from discrimination based on race, religion, color, national origin, sex, age, disability, reprisal, sexual orientation, status as a parent, or on any additional 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 Alternative 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 geographic 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. (1) No pay adjustment based on geographic location shall exceed the COLA and locality pay adjustments available to Federal employees in the same geographic area. (2) [Reserved] (c) Salary increases funded in lieu of life and medical/dental policies are not permitted. (d) Unused sick leave may be accumulated without limit, or up to a maximum 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, retirement, or death of an employee. (f) One or more accounts shall be maintained to pay for unused sick or annual leave as authorized under paragraphs (d) and (e) of this section, and will be funded from the Council's annual operating allowances. Councils have the option to deposit funds into these account(s) at the end of the budget peri… | ||||
| 50:50:12.0.1.1.1.2.1.6 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | B | Subpart B—Regional Fishery Management Councils | § 600.125 Budgeting, funding, and accounting. | FWS | [66 FR 57887, Nov. 19, 2001, as amended at 75 FR 59150, Sept. 27, 2010] | (a) Council grant activities are governed by 15 CFR part 14 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and other Non-Profit and Commercial Organizations), 2 CFR part 230 (Cost Principles for Non-Profit Organizations), 15 CFR part 14 (Audit Requirements for Institutions of Higher Education and Other Non-Profit Organizations), and the terms and conditions of the cooperative agreement. (b) Councils may not independently enter into agreements, including grants, contracts, or cooperative agreements, whereby they will receive funds for services rendered. All such agreements must be approved and entered into by NOAA on behalf of the Councils. (c) Councils are not authorized to accept gifts or contributions directly. All such donations must be directed to the NMFS Regional Administrator in accordance with applicable Department of Commerce regulations. | ||||
| 50:50:12.0.1.1.1.2.1.7 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | B | Subpart B—Regional Fishery Management Councils | § 600.130 Protection of confidentiality of statistics. | FWS | [61 FR 32540, June 24, 1996, as amended at 89 FR 102013, Dec. 17, 2024] | Each Council must establish appropriate procedures for ensuring the confidentiality of the information that may be submitted to it by Federal or state authorities and may be voluntarily submitted to it by private persons, including, 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 conflicts of interest, except that such procedures must be consistent with procedures of the Secretary. (b) In the case of information submitted to the Council by a state, the confidentiality laws and regulations of that state. | ||||
| 50:50:12.0.1.1.1.2.1.8 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | B | Subpart B—Regional Fishery Management Councils | § 600.133 Scientific and Statistical Committee (SSC). | FWS | [75 FR 59150, Sept. 27, 2010] | (a) Each Council shall establish, maintain, and appoint the members of an SSC to assist it in the development, collection, evaluation, and peer review of such statistical, biological, economic, social, and other scientific information as is relevant to such Council's development and amendment of any fishery management plan. (b) Each SSC shall provide its Council ongoing scientific advice for fishery management decisions, including recommendations for acceptable biological catch, preventing overfishing, maximum sustainable yield, and achieving rebuilding targets, and reports on stock status and health, bycatch, habitat status, social and economic impacts of management measures, and sustainability of fishing practices. (c) Members appointed by the Councils to the SSCs shall be Federal employees, State employees, academicians, or independent experts and shall have strong scientific or technical credentials and experience. (d) An SSC shall hold its meetings in conjunction with the meetings of the Council, to the extent practicable. | ||||
| 50:50:12.0.1.1.1.2.1.9 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | B | Subpart B—Regional Fishery Management Councils | § 600.134 Stipends. | FWS | [75 FR 59150, Sept. 27, 2010] | Stipends are available, subject to the availability of appropriations, to members 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 marine fisheries agency. For the purposes of this section, a state marine fisheries agency includes any state or tribal agency that has conservation, management, or enforcement responsibility for any marine fishery resource. | ||||
| 50:50:12.0.1.1.1.3.1.1 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | C | Subpart C—Council Membership | § 600.205 Principal state officials and their designees. | FWS | [66 FR 57888, Nov. 19, 2001] | (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 Governor as the principal state official for purposes of section 302(b) of the Magnuson-Stevens Act. (b) A principal state official may name his/her designee(s) to act on his/her behalf at Council meetings. Individuals designated to serve as designees 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 officials and new or revised designations by principal state officials of their designees(s) must be delivered in writing to the appropriate NMFS Regional Administrator and the Council chair at least 48 hours before the individual may vote on any issue before the Council. 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 fisheries agency, and whether the official's full salary is paid by the state. Written designation(s) by the principal state official must indicate how the designee is knowledgeable and experienced in fishery resources of the geographic area of concern to the Council, the County in which the designee resides, and whether the designee's salary is paid by the state. | ||||
| 50:50:12.0.1.1.1.3.1.10 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | C | Subpart C—Council Membership | § 600.240 Security assurances. | FWS | [61 FR 32540, June 24, 1996, as amended 75 FR 59153, Sept. 27, 2010] | (a) DOC Office of Security will issue security assurances to Council members following completion of favorable background investigations. A Council member's appointment is conditional until such time as the background investigation has been favorably adjudicated. The Secretary will revoke the member's appointment if that member receives an unfavorable background investigation. In instances in which Council members may need to discuss, at closed meetings, materials classified for national security purposes, the agency or individual (e.g., Department of State, U.S. Coast Guard) providing such classified information will be responsible for ensuring that Council members and other attendees have the appropriate security clearances. (b) Each nominee to a Council is required to complete a Certification of Status form (“form”). All nominees must certify, pursuant to the Foreign Agents Registration Act of 1938, whether they serve as an agent of a foreign principal. Each nominee must certify, date, sign, and return the form with his or her completed nomination kit. Nominees will not be considered for appointment to a Council if they have not filed this form. Any nominee who currently is an agent of a foreign principal will not be eligible for appointment to a Council, and therefore should not be nominated by a Governor for appointment. | ||||
| 50:50:12.0.1.1.1.3.1.11 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | C | Subpart C—Council Membership | § 600.245 Council member compensation. | FWS | [61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 66 FR 57888, Nov. 19, 2001] | (a) All voting Council members whose eligibility for compensation has been established in accordance with NOAA guidelines will be paid through the cooperative agreement as a direct line item on a contractual basis without deductions being made for Social Security or Federal and state income taxes. A report of compensation will be furnished each year by the member's Council to the proper Regional Program Officer, as required by the Internal Revenue Service. Such compensation may be paid on a full day's basis, whether in excess of 8 hours a day or less than 8 hours a day. The time is compensable where the individual member is required to expend a significant private effort that substantially disrupts the daily routine to the extent that a work day is lost to the member. “Homework” time in preparation for formal Council meetings is not compensable. (b) Non-government Council members receive compensation for: (1) Days spent in actual attendance at a meeting of the Council or jointly with another Council. (2) Travel on the day preceding or following a scheduled meeting that precluded the member from conducting his normal business on the day in question. (3) Meetings of standing committees of the Council if approved in advance by the Chair. (4) Individual member meeting with scientific and technical advisors, when approved in advance by the Chair and a substantial portion of any day is spent at the meeting. (5) Conducting or attending hearings, when authorized in advance by the Chair. (6) Other meetings involving Council business when approved in advance by the Chair. (c) The Executive Director of each Council must submit to the appropriate Regional Office annually a report, approved by the Council Chair, of Council member compensation authorized. This report shall identify, for each member, amount paid, dates, and location and purpose of meetings attended. | ||||
| 50:50:12.0.1.1.1.3.1.12 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | C | Subpart C—Council Membership | § 600.250 Council member training. | FWS | [75 FR 59154, Sept. 27, 2010] | (a) The Secretary shall provide a training course covering a variety of topics relevant to matters before the Councils and shall make the training course available to all Council members and staff and staff from NMFS regional offices and science centers. To the extent resources allow, the Secretary will make the training available to Council committee and advisory panel members. (b) Council members appointed after January 12, 2007, shall, within one year of appointment, complete the training course developed by the Secretary. Any Council member who completed such a training course within 24 months of January 12, 2007, is considered to have met the training requirement of this section. | ||||
| 50:50:12.0.1.1.1.3.1.2 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | C | Subpart C—Council Membership | § 600.207 Pacific Fishery Management Council Tribal Indian representative and alternate. | FWS | [75 FR 59151, Sept. 27, 2010] | (a) The tribal Indian representative to the Pacific Fishery Management Council may designate an alternate during the period of the representative's term. The designee must be knowledgeable concerning tribal rights, tribal law, and the fishery resources of the geographical area concerned. (b) New or revised designations of an alternate by the tribal Indian representative must be delivered in writing 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 Indian representative must indicate how the designee meets the knowledge requirements under paragraph (a) of this section. | ||||
| 50:50:12.0.1.1.1.3.1.3 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | C | Subpart C—Council Membership | § 600.210 Terms of Council members. | FWS | [61 FR 32540, June 24, 1996, as amended at 63 FR 7073, Feb. 12, 1998; 75 FR 59151, Sept. 27, 2010] | (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. A voting member's Council service of 18 months or more during a term of office will be counted as service for the entire 3-year term. (b) The anniversary date for measuring terms of membership is August 11. The Secretary may designate a term of appointment shorter than 3 years, if necessary, to provide for balanced expiration of terms of office. Members may not serve more than three consecutive terms. (c) A member who has completed three consecutive terms will be eligible for appointment to another term one full year after completion of the third consecutive term. | ||||
| 50:50:12.0.1.1.1.3.1.4 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | C | Subpart C—Council Membership | § 600.215 Council nomination and appointment procedures. | FWS | [64 FR 4600, Jan. 29, 1999, as amended at 75 FR 59151, Sept. 27, 2010] | (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, 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 fr… | ||||
| 50:50:12.0.1.1.1.3.1.5 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | C | Subpart C—Council Membership | § 600.220 Oath of office. | FWS | [75 FR 59152, Sept. 27, 2010] | As trustees of the nation's fishery resources, all voting members must take an oath specified by the Secretary as follows: “I, [name of the person taking oath], as a duly appointed member of a Regional Fishery Management Council established under the Magnuson-Stevens Fishery Conservation and Management Act, hereby promise to conserve and manage the living marine resources of the United States of America by carrying out the business of the Council for the greatest overall benefit of the Nation. I recognize my responsibility to serve as a knowledgeable and experienced trustee of the Nation's marine fisheries resources, being careful to balance competing private or regional interests, and always aware and protective of the public interest in those resources. I commit myself to uphold the provisions, standards, and requirements of the Magnuson-Stevens Fishery Conservation and Management Act and other applicable law, and shall conduct myself at all times according to the rules of conduct prescribed by the Secretary of Commerce. This oath is given freely and without mental reservation or purpose of evasion.” | ||||
| 50:50:12.0.1.1.1.3.1.6 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | C | Subpart C—Council Membership | § 600.225 Rules of conduct. | FWS | [61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 63 FR 64185, Nov. 19, 1998; 75 FR 59152, Sept. 27, 2010] | (a) Council members, as Federal office holders, and Council employees are subject to most Federal criminal statutes covering bribery, conflict-of-interest, disclosure of confidential information, and lobbying with appropriated funds. (b) The Councils are responsible for maintaining high standards of ethical conduct among themselves, their staffs, and their advisory groups. In addition to abiding by the applicable Federal conflict of interest statutes, both members and employees of the Councils must comply with the following standards of conduct: (1) No employee of a Council may use his or her official authority or influence derived from his or her position with the Council for the purpose of interfering with or affecting the result of an election to or a nomination for any national, state, county, or municipal elective office. (2) Council members, employees, and contractors must comply with the Federal Cost Principles Applicable to Regional Fishery Management Council Grants and Cooperative Agreements, especially with regard to lobbying, and other restrictions with regard to lobbying as specified in § 600.227 of this part. (3) No employee of a Council may be deprived of employment, position, work, compensation, or benefit provided for or made possible by the Magnuson-Stevens Act on account of any political activity or lack of such activity in support of or in opposition to any candidate or any political party in any national, state, county, or municipal election, or on account of his or her political affiliation. (4) No Council member or employee may pay, offer, promise, solicit, or receive from any person, firm, or corporation a contribution of money or anything of value in consideration of either support or the use of influence or the promise of support or influence in obtaining for any person any appointive office, place, or employment under the Council. (5) No employee of a Council may have a direct or indirect financial interest that conflicts with the fair and impartial conduct of his or her Council du… | ||||
| 50:50:12.0.1.1.1.3.1.7 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | C | Subpart C—Council Membership | § 600.227 Lobbying. | FWS | [75 FR 59152, Sept. 27, 2010] | (a) Council members, employees and contractors must comply with the requirements of 31 U.S.C. 1352 and Department of Commerce implementing regulations published at 15 CFR part 28, “New Restrictions on Lobbying.” These provisions generally prohibit the use of Federal funds for lobbying the Executive or Legislative Branches of the Federal Government in connection with the award. Because the Councils receive in excess of $100,000 in Federal funding, the regulations mandate that the Councils must complete Form SF-LLL, “Disclosure of Lobbying Activities,” regarding the use of non Federal funds for lobbying. The Form SF-LLL shall be submitted within 30 days following the end of the calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed. The recipient must submit the Forms SF-LLL, including those received from subrecipients, contractors, and subcontractors, to the Grants Officer. (b) Council members, employees, and contractors must comply with the Federal Cost Principles Applicable to Regional Fishery Management Council Grants and Cooperative Agreements summarized as follows: (1) Title 2 CFR part 230 - Cost Principles for Nonprofit Organizations (OMB CircularA-122) is applicable to the Federal assistance awards issued to the Councils. (2) The purpose of the cost principles at 2 CFR part 230 is to define what costs can be paid on Federal awards issued to non-profit organizations. The regulation establishes both general principles and detailed items of costs. (3) Under 2 CFR part 230, costs for certain lobbying activities are unallowable as charges to Federal awards. These activities would include any attempts to influence: (i) The introduction of Federal or state legislation; (ii) The enactment or modification of any pending legislation by preparing, distributing, or using publicity or propaganda, or by urging members of the general public to contribute to or to participate in any demonstr… | ||||
| 50:50:12.0.1.1.1.3.1.8 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | C | Subpart C—Council Membership | § 600.230 Removal. | FWS | [61 FR 32540, June 24, 1996, as amended at 63 FR 7073, Feb. 12, 1998] | 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. A recommendation of a Council to remove a member must be made in writing to the Secretary and accompanied by a statement of the reasons upon which the recommendation is based. | ||||
| 50:50:12.0.1.1.1.3.1.9 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | C | Subpart C—Council Membership | § 600.235 Financial disclosure and recusal. | FWS | [63 FR 64185, Nov. 19, 1998, as amended at 75 FR 59152, Sept. 27, 2010; 85 FR 56182, Sept. 11, 2020] | (a) Definitions. For purposes of § 600.235: Affected individual means an individual who is— (1) Nominated by the Governor of a state or appointed by the Secretary of Commerce to serve as a voting member of a Council in accordance with section 302(b)(2) of the Magnuson-Stevens Act; or (2) A representative of an Indian tribe appointed to the Pacific Council by the Secretary of Commerce under section 302(b)(5) of the Magnuson-Stevens Act who is not subject to disclosure and recusal requirements under the laws of an Indian tribal government. (3) A member of an SSC shall be treated as an affected individual for the purposes of paragraphs (b)(1), (b)(5) through (b)(7), and (i) of this section. Close causal link means that a Council decision would reasonably be expected to directly impact or affect the financial interests of an affected individual. Council decision means approval of a fishery management plan (FMP) or FMP amendment (including any proposed regulations); request for amendment to regulations implementing an FMP; finding that an emergency exists involving any fishery (including recommendations for responding to the emergency); and comments to the Secretary on FMPs or amendments developed by the Secretary. It does not include a vote by a committee of a Council. Designated official means an attorney designated by the NOAA General Counsel. Expected and substantially disproportionate benefit means a positive or negative impact with regard to a Council decision that is likely to affect a fishery or sector of a fishery in which the affected individual has a significant financial interest. Financial Interest Form means NOAA Form 88-195, “STATEMENT OF FINANCIAL INTERESTS For Use By Voting Members of, and Nominees to, the Regional Fishery Management Councils, and Members of the Scientific and Statistical Committee (SSC)” or such other form as the Secretary may prescribe. Financial interest in harvesting, processing, lobbying, advocacy, or marketing (1) includes: (i) Stock, equity, or other ownersh… | ||||
| 50:50:12.0.1.1.1.4.1.1 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | D | Subpart D—National Standards | § 600.305 General. | FWS | [81 FR 71893, Oct. 18, 2016] | (a) Purpose. (1) This subpart establishes guidelines, based on the national standards, to assist in the development and review of FMPs, amendments, and regulations prepared by the Councils and the Secretary. (2) In developing FMPs, the Councils have the initial authority to ascertain factual circumstances, to establish management objectives, and to propose management measures that will achieve the objectives. The Secretary will determine whether the proposed management objectives and measures are consistent with the national standards, other provisions of the Magnuson-Stevens Act (MSA), and other applicable law. The Secretary has an obligation under section 301(b) of the MSA to inform the Councils of the Secretary's interpretation of the national standards so that they will have an understanding of the basis on which FMPs will be reviewed. (3) The national standards are statutory principles that must be followed in any FMP. The guidelines summarize Secretarial interpretations that have been, and will be, applied under these principles. The guidelines are intended as aids to decision-making; FMPs formulated according to the guidelines will have a better chance for expeditious Secretarial review, approval, and implementation. FMPs that are not formulated according to the guidelines may not be approved by the Secretary if the FMP or FMP amendment is inconsistent with the MSA or other applicable law (16 U.S.C. 1854(a)(3)). (b) Fishery management objectives. (1) Each FMP, whether prepared by a Council or by the Secretary, should identify what the FMP is designed to accomplish ( i.e., the management objectives to be attained in regulating the fishery under consideration). In establishing objectives, Councils balance biological constraints with human needs, reconcile present and future costs and benefits, and integrate the diversity of public and private interests. If objectives are in conflict, priorities should be established among them. (2) To reflect the changing needs of the fishery over time, Councils sho… | ||||
| 50:50:12.0.1.1.1.4.1.10 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | D | Subpart D—National Standards | § 600.350 National Standard 9—Bycatch. | FWS | [63 FR 24235, May 1, 1998, as amended at 73 FR 67811, Nov. 17, 2008] | (a) Standard 9. Conservation and management measures shall, to the extent practicable: (1) Minimize bycatch; and (2) To the extent bycatch cannot be avoided, minimize the mortality of such bycatch. (b) General. This national standard requires Councils to consider the bycatch effects of existing and planned conservation and management measures. Bycatch can, in two ways, impede efforts to protect marine ecosystems and achieve sustainable fisheries and the full benefits they can provide to the Nation. First, bycatch can increase substantially the uncertainty concerning total fishing-related mortality, which makes it more difficult to assess the status of stocks, to set the appropriate OY and define overfishing levels, and to ensure that OYs are attained and overfishing levels are not exceeded. Second, bycatch may also preclude other more productive uses of fishery resources. (c) Definition—Bycatch. The term “bycatch” means fish that are harvested in a fishery, but that are not sold or kept for personal use. (1) Inclusions. Bycatch includes the discard of whole fish at sea or elsewhere, including economic discards and regulatory discards, and fishing mortality due to an encounter with fishing gear that does not result in capture of fish (i.e., unobserved fishing mortality). (2) Exclusions. Bycatch excludes the following: (i) Fish that legally are retained in a fishery and kept for personal, tribal, or cultural use, or that enter commerce through sale, barter, or trade. (ii) Fish released alive under a recreational catch-and-release fishery management program. A catch-and-release fishery management program is one in which the retention of a particular species is prohibited. In such a program, those fish released alive would not be considered bycatch. (iii) Fish harvested in a commercial fishery managed by the Secretary under Magnuson-Stevens Act sec. 304(g) or the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971d) or highly migratory species harvested in a commercial fishery managed by a Council… | ||||
| 50:50:12.0.1.1.1.4.1.11 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | D | Subpart D—National Standards | § 600.355 National Standard 10—Safety of Life at Sea. | FWS | [63 FR 24236, May 1, 1998] | (a) Standard 10. Conservation and management measures shall, to the extent practicable, promote the safety of human life at sea. (b) General. (1) Fishing is an inherently dangerous occupation where not all hazardous situations can be foreseen or avoided. The standard directs Councils to reduce that risk in crafting their management measures, so long as they can meet the other national standards and the legal and practical requirements of conservation and management. This standard is not meant to give preference to one method of managing a fishery over another. (2) The qualifying phrase “to the extent practicable” recognizes that regulation necessarily puts constraints on fishing that would not otherwise exist. These constraints may create pressures on fishermen to fish under conditions that they would otherwise avoid. This standard instructs the Councils to identify and avoid those situations, if they can do so consistent with the legal and practical requirements of conservation and management of the resource. (3) For the purposes of this national standard, the safety of the fishing vessel and the protection from injury of persons aboard the vessel are considered the same as “safety of human life at sea. The safety of a vessel and the people aboard is ultimately the responsibility of the master of that vessel. Each master makes many decisions about vessel maintenance and loading and about the capabilities of the vessel and crew to operate safely in a variety of weather and sea conditions. This national standard does not replace the judgment or relieve the responsibility of the vessel master related to vessel safety. The Councils, the USCG, and NMFS, through the consultation process of paragraph (d) of this section, will review all FMPs, amendments, and regulations during their development to ensure they recognize any impact on the safety of human life at sea and minimize or mitigate that impact where practicable. (c) Safety considerations. The following is a non-inclusive list of safety considerations t… | ||||
| 50:50:12.0.1.1.1.4.1.2 | 50 | Wildlife and Fisheries | VI | 600 | PART 600—MAGNUSON-STEVENS ACT PROVISIONS | D | Subpart D—National Standards | § 600.310 National Standard 1—Optimum Yield. | FWS | [81 FR 71895, Oct. 18, 2016] | (a) Standard 1. Conservation and management measures shall prevent overfishing while achieving, on a continuing basis, the optimum yield (OY) from each fishery for the U.S. fishing industry. (b) General. (1) The guidelines set forth in this section describe fishery management approaches to meet the objectives of National Standard 1 (NS1), and include guidance on: (i) Specifying maximum sustainable yield (MSY) and OY; (ii) Specifying status determination criteria (SDC) so that overfishing and overfished determinations can be made for stocks and stock complexes in an FMP; (iii) Preventing overfishing and achieving OY, incorporation of scientific and management uncertainty in control rules, and adaptive management using annual catch limits (ACL) and measures to ensure accountability ( i.e., accountability measures (AMs)); and (iv) Rebuilding stocks and stock complexes. (2) Overview of Magnuson-Stevens Act concepts and provisions related to NS1 —(i) MSY. The Magnuson-Stevens Act establishes MSY as the basis for fishery management and requires that: The fishing mortality rate must not jeopardize the capacity of a stock or stock complex to produce MSY; the abundance of an overfished stock or stock complex must be rebuilt to a level that is capable of producing MSY; and OY must not exceed MSY. (ii) OY. The determination of OY is a decisional mechanism for resolving the Magnuson-Stevens Act's conservation and management objectives, achieving an FMP's objectives, and balancing the various interests that comprise the greatest overall benefits to the Nation. OY is based on MSY as reduced under paragraphs (e)(3)(iii)(A) and (B) of this section. The most important limitation on the specification of OY is that the choice of OY and the conservation and management measures proposed to achieve it must prevent overfishing. (iii) ACLs and AMs. Any FMP shall establish a mechanism for specifying ACLs in the FMP (including a multiyear plan), implementing regulations, or annual specifications, at a level such that o… |
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