[Code of Federal Regulations]
[Title 50, Volume 7]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR222.403]

[Page 135]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
  CHAPTER II--NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND 
           ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE
 
PART 222_GENERAL ENDANGERED AND THREATENED MARINE SPECIES--Table of
 
                     Subpart D_Observer Requirement
 
Sec. 222.403  Duration of selection; effective date.

    (a) Fisheries included in the final annual determination in a given 
year will remain eligible for observer coverage under this rule for five 
years, without need for NMFS to include the fishery in the intervening 
proposed annual determinations, to enable the design of an appropriate 
sampling program and to ensure collection of scientific data. If NMFS 
wishes to continue observations beyond the fifth year, NMFS must include 
the fishery in the proposed annual determination and seek comment, prior 
to the expiration of the fifth year.
    (b) A 30-day delay in effective date for implementing observer 
coverage will follow the annual notification, except for those fisheries 
that were included in a previous determination within the preceding five 
years or where the AA has determined that there is good cause pursuant 
to the Administrative Procedure Act to make the rule effective without a 
30-day delay.