[Code of Federal Regulations]
[Title 50, Volume 6]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR223.209]

[Page 178-188]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
                      SERVICE, NATIONAL OCEANIC AND
                       ATMOSPHERIC ADMINISTRATION,
                         DEPARTMENT OF COMMERCE
 
PART 223--THREATENED MARINE AND ANADROMOUS SPECIES--Table of Contents
 
 Subpart B--Restrictions Applicable to Threatened Marine and Anadromous 
                                 Species
 
Sec. 223.209  Tribal plans.

    (a) Limits on the prohibitions. The prohibitions of Sec. 223.203(a) 
of this subpart relating to threatened species of salmonids listed in 
Sec. 223.102 do not apply to any activity undertaken by a tribe, tribal 
member, tribal permittee, tribal employee, or tribal agent in compliance 
with a Tribal resource management plan (Tribal Plan), provided that the 
Secretary determines that implementation of such Tribal Plan will not 
appreciably reduce the likelihood of survival and recovery of the listed 
salmonids. In making that determination the Secretary shall use the best 
available biological data (including any tribal data and analysis) to 
determine the Tribal Plan's impact on the biological requirements of the 
species, and will assess the effect of the Tribal Plan on survival and 
recovery, consistent with legally enforceable tribal rights and with the 
Secretary's trust responsibilities to tribes.
    (b) Consideration of a Tribal Plan. (1) A Tribal Plan may include 
but is not limited to plans that address fishery harvest, artificial 
production, research, or water or land management, and may be developed 
by one tribe or jointly with other tribes. The Secretary will consult on 
a government-to-government basis with any tribe that so requests and 
will provide to the maximum extent practicable technical assistance in 
examining impacts on listed salmonids and other salmonids as tribes 
develop Tribal resource management plans that meet the management 
responsibilities and needs of the tribes. A Tribal Plan

[[Page 179]]

must specify the procedures by which the tribe will enforce its 
provisions.
    (2) Where there exists a Federal court proceeding with continuing 
jurisdiction over the subject matter of a Tribal Plan, the plan may be 
developed and implemented within the ongoing Federal Court proceeding. 
In such circumstances, compliance with the Tribal Plan's terms shall be 
determined within that Federal Court proceeding.
    (3) The Secretary shall seek comment from the public on the 
Secretary's pending determination whether or not implementation of a 
Tribal Plan will appreciably reduce the likelihood of survival and 
recovery of the listed salmonids.
    (4) The Secretary shall publish notification in the Federal Register 
of any determination regarding a Tribal Plan and the basis for that 
determination.

[65 FR 42485, July 10, 2000]

                   Figures 1-2 to Part 223 [Reserved]

                   Figure 3 to Part 223--Matagorda TED
[GRAPHIC] [TIFF OMITTED] TC01JY91.047


[52 FR 24260, June 29, 1987. Redesignated at 57 FR 40868, Sept. 8, 1992]

[[Page 180]]

                    Figure 4 to Part 223--Georgia TED
[GRAPHIC] [TIFF OMITTED] TC01JY91.048


[52 FR 24261, June 29, 1987. Redesignated at 57 FR 40868, Sept. 8, 1992]

[[Page 181]]

 Figure 5 to Part 223--Net Diagram for the Excluder Panel of the Parker 
                                Soft TED
[GRAPHIC] [TIFF OMITTED] TR13AP98.001


[63 FR 17958, Apr. 13, 1998]

[[Page 182]]

      Figure 6 to Part 223--TED Extension in Summer Flounder Trawl
[GRAPHIC] [TIFF OMITTED] TR15OC99.001


[64 FR 55864, Oct. 15, 1999]

[[Page 183]]

                   Figures 7-9b to Part 223 [Reserved]

                   Figure 10 to Part 223--Flounder TED
[GRAPHIC] [TIFF OMITTED] TC01JY91.056


[58 FR 54069, Oct. 20, 1993]

[[Page 184]]

                    Figure 11 to Part 223 [Reserved]

Figure 12 to Part 223--Escape Opening & Cover Dimensions for 71-inch TED
[GRAPHIC] [TIFF OMITTED] TR21FE03.002


[68 FR 8469, Feb. 21, 2003]

[[Page 185]]

       Figure 13 to Part 223--Single Grid Hard TED Escape Opening
[GRAPHIC] [TIFF OMITTED] TC01JY91.060


[60 FR 15520, Mar. 24, 1995]

[[Page 186]]

 Figures 14a and 14b to Part 223--Maximum Angle of Deflector Bars With 
 Straight Bars Attached to the Bottom of the Frame and Maximum Angle of 
    Deflector Bars With Bent Bars Attached to the Bottom of the Frame
[GRAPHIC] [TIFF OMITTED] TR19DE96.002


[61 FR 66946, Dec. 19, 1996]

[[Page 187]]

       Figure 15 to Part 223-- Weedless TED Brace Bar Description
[GRAPHIC] [TIFF OMITTED] TR21FE03.003


[68 FR 8469, Feb. 21, 2003]

[[Page 188]]

Figure 16 to Part 223--Escape Opening and Flap Dimensions for the Double 
                             Cover Flap TED
[GRAPHIC] [TIFF OMITTED] TR14MY01.006


[66 FR 24289, May 14, 2001]

[[Page 189]]