[Code of Federal Regulations]
[Title 50, Volume 9]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR665.607]

[Page 280-281]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
                   DEPARTMENT OF COMMERCE (CONTINUED)
 
PART 665_FISHERIES IN THE WESTERN PACIFIC--Table of Contents
 
        Subpart G_Western Pacific Coral Reef Ecosystem Fisheries
 
Sec.  665.607  Framework for regulatory adjustments.

    (a) Procedure for established measures. (1) Established measures are 
management measures that, at some time, have been included in 
regulations implementing the FMP, or for which the impacts have been 
evaluated in Council/NMFS documents in the context of current 
conditions;
    (2) Following framework procedures of the CREFMP, the Council may 
recommend to the Regional Administrator that established measures be 
modified, removed, or re-instituted. Such recommendation shall include 
supporting rationale and analysis, and shall be

[[Page 281]]

made after advance public notice, public discussion and consideration of 
public comment. NMFS may implement the Council's recommendation by 
rulemaking if approved by the Regional Administrator.
    (b) Procedure for new measures. (1) New measures are management 
measures that have not been included in regulations implementing the 
FMP, or for which the impacts have not been evaluated in Council/NMFS 
documents in the context of current conditions. New measures include but 
are not limited to catch limits, resource size limits, closures, effort 
limitations, reporting and recordkeeping requirements;
    (2) Following the framework procedures of the FMP, the Regional 
Administrator will publicize, including by Federal Register notice, and 
solicit public comment on, any proposed new management measure. After a 
Council meeting at which the measure is discussed, the Council will 
consider recommendations and prepare a document summarizing the 
Council's deliberations, rationale, and analysis for the preferred 
action, and the time and place for any subsequent Council meeting(s) to 
consider the new measure. At subsequent public meeting(s), the Council 
will consider public comments and other information received to make a 
recommendation to the Regional Administrator about any new measure. NMFS 
may implement the Council's recommendation by rule making if approved by 
the Regional Administrator.
    (i) The Regional Administrator will consider the Council's 
recommendation and supporting rationale and analysis, and, if the 
Regional Administrator concurs with the Council's recommendation, will 
propose regulations to carry out the action. If the Regional 
Administrator rejects the Council's proposed action, the Regional 
Administrator will provide a written explanation for the denial within 2 
weeks of the decision.
    (ii) The Council may appeal denial by writing to the Assistant 
Administrator, who must respond in writing within 30 days.
    (iii) The Regional Administrator and the Assistant Administrator 
will make their decisions in accordance with the Magnuson-Stevens Act, 
other applicable laws, and the CREFMP.
    (iv) To minimize conflicts between the Federal and state/
territorial/commonwealth management systems, the Council will use the 
procedures in paragraph (a)(2) in this section to respond to state/
territorial/commonwealth management actions. The Council's consideration 
of action would normally begin with a representative of the state, 
territorial or commonwealth government bringing a potential or actual 
management conflict or need to the Council's attention.