[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: 50CFR648.24]

[Page 340-341]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
                         DEPARTMENT OF COMMERCE
 
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES--Table of Contents
 
  Subpart B--Management Measures for the Atlantic Mackerel, Squid, and 
                          Butterfish Fisheries
 
Sec. 648.24  Framework adjustments to management measures.

    (a) Within season management action. The Council, at any time, may 
initiate action to add or adjust management measures within the Atlantic 
Mackerel, Squid, and Butterfish FMP if it finds that action is necessary 
to meet or be consistent with the goals and objectives of the plan.
    (1) Adjustment process. The Council shall develop and analyze 
appropriate management actions over the span of at least two Council 
meetings. The Council must provide the public with advance notice of the 
availability of the recommendation(s), appropriate justification(s) and 
economic and biological analyses, and the opportunity to comment on the 
proposed adjustment(s) at the first meeting and prior

[[Page 341]]

to and at the second Council meeting. The Council's recommendations on 
adjustments or additions to management measures must come from one or 
more of the following categories: Minimum fish size, maximum fish size, 
gear restrictions, gear requirements or prohibitions, permitting 
restrictions, recreational possession limit, recreational seasons, 
closed areas, commercial seasons, commercial trip limits, commercial 
quota system including commercial quota allocation procedure and 
possible quota set asides to mitigate bycatch, recreational harvest 
limit, annual specification quota setting process, FMP Monitoring 
Committee composition and process, description and identification of 
essential fish habitat (and fishing gear management measures that impact 
EFH), description and identification of habitat areas of particular 
concern, overfishing definition and related thresholds and targets, 
regional gear restrictions, regional season restrictions (including 
option to split seasons), restrictions on vessel size (LOA and GRT) or 
shaft horsepower, any other management measures currently included in 
the FMP, set aside quota for scientific research, regional management, 
and process for inseason adjustment to the annual specification.
    (2) Council recommendation. After developing management actions and 
receiving public testimony, the Council shall make a recommendation to 
the Regional Administrator. The Council's recommendation must include 
supporting rationale, if management measures are recommended, an 
analysis of impacts, and a recommendation to the Regional Administrator 
on whether to issue the management measures as a final rule. If the 
Council recommends that the management measures should be issued as a 
final rule, the Council must consider at least the following factors, 
and provide support and analysis for each factor considered:
    (i) Whether the availability of data on which the recommended 
management measures are based allows for adequate time to publish a 
proposed rule, and whether the regulations would have to be in place for 
an entire harvest/fishing season.
    (ii) Whether there has been adequate notice and opportunity for 
participation by the public and members of the affected industry in the 
development of the recommended management measures.
    (iii) Whether there is an immediate need to protect the resource.
    (iv) Whether there will be a continuing evaluation of management 
measures following their implementation as a final rule.
    (3) NMFS action. If the Council's recommendation includes 
adjustments or additions to management measures and, after reviewing the 
Council's recommendation and supporting information:
    (i) If NMFS concurs with the Council's recommended management 
measures and determines that the recommended management measures should 
be issued as a final rule based on the factors specified in paragraph 
(a)(2) of this section, the measures will be issued as a final rule in 
the Federal Register.
    (ii) If NMFS concurs with the Council's recommended management 
measures and determines that the recommended management measures should 
be published first as a proposed rule, the measures will be published as 
a proposed rule in the Federal Register. After additional public 
comment, if NMFS concurs with the Council recommendation, the measures 
will be issued as a final rule in the Federal Register.
    (iii) If NMFS does not concur, the Council will be notified in 
writing of the reasons for the non-concurrence.
    (4) Emergency actions. Nothing in this section is meant to derogate 
from the authority of the Secretary to take emergency action under 
section 305(e) of the Magnuson-Stevens Act.
    (b) [Reserved]

[64 FR 57593, Oct. 26, 1999]