[Code of Federal Regulations]
[Title 50, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR600.315]

[Page 35-36]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
                         DEPARTMENT OF COMMERCE
 
PART 600--MAGNUSON-STEVENS ACT PROVISIONS--Table of Contents
 
                      Subpart D--National Standards
 
Sec. 600.315  National Standard 2--Scientific Information.

    (a) Standard 2. Conservation and management measures shall be based 
upon the best scientific information available.
    (b) FMP development. The fact that scientific information concerning 
a fishery is incomplete does not prevent the preparation and 
implementation of an FMP (see related Secs. 600.320(d)(2) and 
600.340(b).
    (1) Scientific information includes, but is not limited to, 
information of a biological, ecological, economic, or social nature. 
Successful fishery management depends, in part, on the timely 
availability, quality, and quantity of scientific information, as well 
as on the thorough analysis of this information, and the extent to which 
the information is applied. If there are conflicting facts or opinions 
relevant to a particular point, a Council may choose among them, but 
should justify the choice.
    (2) FMPs must take into account the best scientific information 
available at the time of preparation. Between the initial drafting of an 
FMP and its submission for final review, new information often becomes 
available. This new information should be incorporated into the final 
FMP where practicable; but it is unnecessary to start the FMP process 
over again, unless the information indicates that drastic changes have 
occurred in the fishery that might require revision of the management 
objectives or measures.
    (c) FMP implementation. (1) An FMP must specify whatever information 
fishermen and processors will be required or requested to submit to the 
Secretary. Information about harvest within state boundaries, as well as 
in the EEZ, may be collected if it is needed for proper implementation 
of the FMP and cannot be obtained otherwise. The FMP should explain the 
practical utility of the information specified in monitoring the 
fishery, in facilitating inseason management decisions, and in judging 
the performance of the management regime; it should also consider the 
effort, cost, or social impact of obtaining it.
    (2) An FMP should identify scientific information needed from other 
sources to improve understanding and management of the resource, marine 
ecosystem, and the fishery (including fishing communities).
    (3) The information submitted by various data suppliers should be 
comparable and compatible, to the maximum extent possible.
    (d) FMP amendment. FMPs should be amended on a timely basis, as new 
information indicates the necessity for change in objectives or 
management measures.
    (e) SAFE Report. (1) The SAFE report is a document or set of 
documents that provides Councils with a summary of information 
concerning the most recent biological condition of stocks and the marine 
ecosystems in the FMU and the social and economic condition of the 
recreational and commercial fishing interests, fishing communities, and 
the fish processing industries. It summarizes, on a periodic basis, the 
best available scientific information concerning the past, present, and 
possible

[[Page 36]]

future condition of the stocks, marine ecosystems, and fisheries being 
managed under Federal regulation.
    (i) The Secretary has the responsibility to assure that a SAFE 
report or similar document is prepared, reviewed annually, and changed 
as necessary for each FMP. The Secretary or Councils may utilize any 
combination of talent from Council, state, Federal, university, or other 
sources to acquire and analyze data and produce the SAFE report.
    (ii) The SAFE report provides information to the Councils for 
determining annual harvest levels from each stock, documenting 
significant trends or changes in the resource, marine ecosystems, and 
fishery over time, and assessing the relative success of existing state 
and Federal fishery management programs. Information on bycatch and 
safety for each fishery should also be summarized. In addition, the SAFE 
report may be used to update or expand previous environmental and 
regulatory impact documents, and ecosystem and habitat descriptions.
    (iii) Each SAFE report must be scientifically based, and cite data 
sources and interpretations.
    (2) Each SAFE report should contain information on which to base 
harvest specifications.
    (3) Each SAFE report should contain a description of the maximum 
fishing mortality threshold and the minimum stock size threshold for 
each stock or stock complex, along with information by which the Council 
may determine:
    (i) Whether overfishing is occurring with respect to any stock or 
stock complex, whether any stock or stock complex is overfished, whether 
the rate or level of fishing mortality applied to any stock or stock 
complex is approaching the maximum fishing mortality threshold, and 
whether the size of any stock or stock complex is approaching the 
minimum stock size threshold.
    (ii) Any management measures necessary to provide for rebuilding an 
overfished stock or stock complex (if any) to a level consistent with 
producing the MSY in such fishery.
    (4) Each SAFE report may contain additional economic, social, 
community, essential fish habitat, and ecological information pertinent 
to the success of management or the achievement of objectives of each 
FMP.
    (5) Each SAFE report may contain additional economic, social, and 
ecological information pertinent to the success of management or the 
achievement of objectives of each FMP.

[61 FR 32540, June 24, 1996, as amended at 63 FR 24233, May 1, 1998]