[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: 50CFR648.77]

[Page 360-361]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
                         DEPARTMENT OF COMMERCE
 
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES--Table of Contents
 
  Subpart E--Management Measures for the Atlantic Surf Clam and Ocean 
                            Quahog Fisheries
 
Sec. 648.77  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 
Surf Clam and Ocean Quahog FMP if it finds that action is necessary to 
meet or be consistent with the goals and objectives of the plan.

[[Page 361]]

    (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 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: The overfishing definition (both the threshold and 
target levels) description and identification of EFH (and fishing gear 
management measures that impact EFH), habitat areas of particular 
concern, set aside quota for scientific research, vessel tracking 
system, optimum yield range.
    (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, it 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 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 adopted 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 and published 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 57594, Oct. 26, 1999]