Magnuson-Stevens Fishery Conservation and Management Act; Public Comments on Fishery Management Plans and Regulations

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Chapter VI

[Docket No. 970130016-7016-01; I.D. 012797F]

RIN 0648-XX80

Magnuson-Stevens Fishery Conservation and Management Act; Public

Comments on Fishery Management Plans and Regulations

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

ACTION: Policy statement.

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SUMMARY: NMFS notifies the public of how public comments on Fishery

Management Plans (FMPs), FMP amendments, and their implementing

regulations will be handled under the procedures of the Magnuson-

Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act),

as amended by the Sustainable Fisheries Act (SFA). The intent is to

ensure that the public has full opportunity for input to the fishery

management decision process.

FOR FURTHER INFORMATION CONTACT: George H. Darcy, 301-713-2341.

SUPPLEMENTARY INFORMATION: On October 11, 1996, the President signed

into law the SFA (Public Law 104-297), which made numerous amendments

to the Magnuson-Stevens Act (16 U.S.C. 1801 et seq.). The amendments

significantly changed the process and schedules under which FMPs, FMP

amendments, and most regulations are reviewed and implemented. Because

of those changes, NMFS has had to revise its procedures for handling

public comments on FMPs, FMP amendments, and their implementing

regulations.

Specifically, the SFA decoupled the schedule for approval/

disapproval of FMPs and FMP amendments submitted by Regional Fishery

Management Councils (Councils) from the schedule for publication of

proposed and final rules to implement them. Because both the notice of

availability (NOA) of an FMP/amendment and the proposed rule request

public comments, the timing of the receipt of those comments relative

to the timing of decisions regarding the FMP/amendment and associated

rules has been complicated. To address these issues and to inform the

public of how and when public comments will be considered, NMFS will

follow the procedures outlined below.

FMPs and FMP Amendments

An NOA will be published in the Federal Register as soon as

possible after transmittal of an FMP/amendment from a Council, as

required by sec. 304(a) of the Magnuson-Stevens Act. The NOA will

request comments on the FMP/amendment and will alert the public that

(1) public comments are being solicited on the FMP/amendment through

the end of the 60-day comment period stated in the NOA; (2) a proposed

rule that would implement the FMP/amendment may be published in the

Federal Register for public comment, following NMFS' evaluation of the

proposed rule under the Magnuson-Stevens Act procedures; and (3) public

comments on the proposed rule must be received by the end of the

comment period on the FMP/amendment to be considered in the approval/

disapproval decision on the FMP/amendment. All comments received by the

end of the comment period on the FMP/amendment, whether specifically

directed to the FMP/amendment or the proposed rule, will be considered

in the approval/disapproval decision; comments received after that date

will not be considered in the approval/disapproval decision on the FMP/

amendment. To be considered, comments must be received by close of

business on the last day of the comment period established by the NOA.

Proposed Rules

If NMFS' evaluation of the proposed rule under procedures specified

in sec. 304(b) of the Magnuson-Stevens Act determines that it is

consistent with the FMP, FMP amendment, the Magnuson-Stevens Act, and

other applicable laws, NMFS will publish the proposed rule with a

request for public comment; the

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comment period will normally be 45 days. The preamble of the proposed

rule will inform the public that (1) public comments are being

solicited on the FMP/amendment through the end of the comment period

stated in the NOA; and (2) public comments on the proposed rule must be

received by the end of the comment period on the FMP/amendment, as

published in the NOA, to be considered in the approval/disapproval

decision on the FMP/amendment. To be considered, comments must be

received by close of business on the last day of the comment period.

Responses to Comments

All comments received during the public comment periods will be

responded to in the final rule. The preamble of the final rule will

contain a summary of the comments received, both on the FMP/amendment

and on the proposed rule, and responses to those comments.

NMFS expects that the comment periods for the FMP/amendment (as

published in the NOA) and the proposed rule will generally end on or

about the same date, and NMFS will attempt to achieve that result.

However, because there is the possibility that the comment period

ending dates could be significantly different, it is important for

commenters to focus their comments on either the FMP/amendment or on

the proposed rule, if possible, and to be aware of the decisional

timing issues that have resulted from the Magnuson-Stevens Act

amendments. By publishing this policy statement, and through language

to be included in NOAs and preambles to proposed rules, NMFS is

attempting to ensure that the public has full opportunity for input to

the decision process.

Classification

This rule has been determined to be not significant for purposes of

Executive Order 12866.

Pursuant to authority at 5 U.S.C. 553(b)(A), prior notice and an

opportunity for public comment are not required to be provided for this

rule, as this is a rule of procedure. Further, because prior notice and

an opportunity for public comment are not required under 5 U.S.C. 553,

or any other law, the analytical requirements of the Regulatory

Flexibility Act, 5 U.S.C. 601 et seq., are not applicable. Finally,

because this rule is not substantive it is not subject to the 30-day

delay in effective date required of substantive rules under 5 U.S.C.

553(d).

Dated: February 14, 1997.

Nancy Foster,

Deputy Assistant Administrator for Fisheries, National Marine Fisheries

Service.

[FR Doc. 97-4457 Filed 2-21-97; 8:45 am]

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