[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: 50CFR648.41]

[Page 342-343]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
                         DEPARTMENT OF COMMERCE
 
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES--Table of Contents
 
           Subpart C--Management Measures for Atlantic Salmon
 
Sec. 648.41  Framework specifications.

    (a) Within season management action. The New England Fishery 
Management Council (NEFMC) may, at any time, initiate action to 
implement, add to or adjust Atlantic salmon management measures to allow 
for Atlantic salmon aquaculture projects in the EEZ, provided such an 
action is consistent with the goals and objectives of the Atlantic 
Salmon FMP.
    (b) Framework process. After initiation of an action to implement, 
add to or adjust an Atlantic salmon management measure to allow for an 
Atlantic salmon aquaculture project in the EEZ, the NEFMC shall develop 
and analyze Atlantic salmon management measures to allow for Atlantic 
salmon aquaculture projects in the EEZ over the span of at least two 
NEFMC meetings. The NEFMC shall provide the public with advance notice 
of the availability of both the proposals and the analysis and 
opportunity to comment on them prior to and at the second NEFMC meeting. 
The NEFMC's recommendation on aquaculture management measures must come 
from one or more of the following categories: minimum fish sizes, gear 
restrictions, minimum mesh sizes, possession limits, tagging 
requirements, monitoring requirements, reporting requirements, permit 
restrictions, area closures, establishment of special management areas 
or zones and any other management measures currently included in the 
FMP.
    (c) NEFMC recommendation. After developing Atlantic salmon 
management measures and receiving public testimony, the NEFMC shall make 
a recommendation to NMFS. The NEFMC's recommendation must include 
supporting rationale and, if management measures are recommended, an 
analysis of impacts and a recommendation to NMFS on whether to issue the 
management measures as a final rule. If NMFS concurs with the NEFMC's 
recommendation to issue the management measures as a final rule, the 
NEFMC must consider at least the following factors and provide support 
and analysis for each factor considered:
    (1) Whether the availability of data on which the recommended 
management measures are based allows for adequate time to publish a 
proposed rule, and whether regulations have to be in place for an entire 
harvest/fishing season.
    (2) Whether there has been adequate notice and opportunity for 
participation by the public and members of the affected industry in the 
development of the NEFMC's recommended management measures.
    (3) Whether there is an immediate need to protect the resource.
    (4) Whether there will be a continuing evaluation of measures 
adopted following their implementation as a final rule.
    (d) NMFS action. If the NEFMC's recommendation includes 
implementation of management measures and, after reviewing the NEFMC's 
recommendation and supporting information:
    (1) NMFS concurs with the NEFMC's recommended management measures 
and determines that the recommended measures should be issued as a final 
rule based on the factors specified in paragraph (c)(1) through (4) of 
this section, the measures will be issued as a final rule in the Federal 
Register.
    (2) NMFS concurs with the NEFMC's recommendation 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 NEFMC recommendation, the measures will be issued as a final rule in 
the Federal Register.
    (3) NMFS does not concur, the NEFMC will be notified in writing of 
the reasons for the non-concurrence.
    (e) Emergency action. Nothing in this section is meant to derogate 
from the authority of the Secretary to take

[[Page 343]]

emergency action under section 305(e) of the Magnuson-Stevens Act.

[64 FR 40520, July 27, 1999]