[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: 50CFR665.89]

[Page 276]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
                   DEPARTMENT OF COMMERCE (CONTINUED)
 
PART 665_FISHERIES IN THE WESTERN PACIFIC--Table of Contents
 
                   Subpart F_Precious Corals Fisheries
 
Sec.  665.89  Framework procedures.

    (a) Introduction. Established management measures may be revised and 
new management measures may be established and/or revised through 
rulemaking if new information demonstrates that there are biological, 
social, or economic concerns in a precious coral permit area. The 
following framework process authorizes the implementation of measures 
that may affect the operation of the fisheries, gear, quotas, season, or 
levels of catch and/or in effort.
    (b) Annual report. By June 30 of each year, the Council-appointed 
Precious Coral Team will prepare an annual report on the fisheries in 
the management area. The report will contain, among other things, 
recommendations for Council action and an assessment of the urgency and 
effects of such action(s).
    (c) Procedure for established measures. (1) Established measures are 
management measures that, at some time, have been included in 
regulations implementing the FMP, and for which the impacts have been 
evaluated in Council/NMFS documents in the context of current 
conditions.
    (2) According to the framework procedures of Amendment 3 to the FMP, 
the Council may recommend to the Regional Administrator that established 
measures be modified, removed, or re-instituted. Such recommendation 
will include supporting rationale and analysis and will be 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.
    (d) 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.
    (2) Following the framework procedures of Amendment 3 to the FMP, 
the Council will publicize, including by a Federal Register document, 
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 Federal Register 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 a subsequent public meeting, 
the Council will consider public comments and other information received 
before making a recommendation to the Regional Administrator about any 
new measure. If approved by the Regional Administrator, NMFS may 
implement the Council's recommendation by rulemaking.

[63 FR 55810, Oct. 19, 1998]

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