The regulations in this Part 601 implement certain portions of the Fishery Conservation and Management Act of 1967 (16 U.S.C. 1801-1892), which among other things, establishes eight Regional Fishery Management Councils (hereinafter referred to as "Councils"). The principal responsibilities of these councils are to provide the nucleus of a national fishery conservation and management program through the systematic development of fishery management plans and amendments to such plans, to submit periodic and other reports to the Secretary, to continually review and revise assessments as to optimum yield and the total allowable level of foreign fishing, and to conduct other necessary and appropriate activities with respect to the conservation and management of the fisheries within their geographical area of concern. The Councils act as independent bodies, whose actions must conform to the uniform standards established by Part 601. Part 601 describes matters pertaining to the establishment, organization,

The terms used in these regulations shall have the meanings that are prescribed in section 3 of the Act. In addition, the following definitions apply:

(a) Administrative and Technical Support Services. The administrative, technical, legal, and scientific services needed by the Councils, authorized by the Secretary, and provided by the government to assist the Councils in the fulfillment of their various functions required by the Act.

(b) Administrator. The Administrator of the National Oceanic and Atmospheric Administration.

(c) Advisory Group. The Scientific and Statistical Committees or advisory panels established under the Act.

(d) Associate Administrator. The Associate Administrator for Marine Resources, National Oceanic and Atmospheric Administration.

(e) Confidential. Confidential means containing information, the unauthorized disclosure of which could be prejudicial or harmful. Depending on the context within which it is used, the word: (1) Identifies information having an official security classification of Confidential or higher relating to the protection of national security, or (2) describes information/data that is identifiable with an individual, business, or some other entity and that is accepted from any person by the Secretary under a stipulation that limits disclosure.

(f) Council. Regional Fishery Management Council.

(g) Director. The Director of the National Marine Fisheries Service.

(h) Federal Budget Cycle. The 33month process of formulating and executing the Federal budget.

(i) Fishery management plan. A document that contains a systematic description of a given fishery and that sets forth the objectives and strategies for the management of the fishery.

(j) Highly Migratory Species. The following, among others, are considered highly migratory species for the purposes of the Act:

TUNA

Albacore, Thunnus alalunga;
Bigeye tuna, Thunnus obesus;
Bluefin tuna, Thunnus thynnus;

Southern bluefin tuna, Thunnus maccoyii;
Yellowfin tuna, Thunnus albacares; and
Skipjack tuna, Euthynnus pelamis.

(k) Regional Director. The Regional representatives of the Director. There are five regional offices of the National Marine Fisheries Service whose Regional Directors serve on the various Councils as specified by the Act.

(1) Regional Fishery Management Council Operations Manual. A compilation of technical and explanatory information, the purpose of which is to provide assistance to the Councils in the fulfillment of their various functions.

[42 FR 34452, July 5, 1977, as amended at 42 FR 36980, July 18, 1977]

(a) Fishery Conservation Zone. The Act creates a zone contiguous to the territorial sea, which is called the fishery conservation zone. The outer boundary of the zone is 200 nautical miles from the baseline from which the territorial sea is measured and the inner boundary is a line coterminous with the seaward boundary of each of the coastal States. (See 43 U.S.C. 1301(b) and 1312 for definition of "seaward boundary".)

(b) Scope. (1) The boundaries described in § 601.12 delineate the geographical area of authority of adjacent Council within this fishery conservation zone.

(2) Within the geographical area of authority, each Council shall develop fishery management plans for each fishery involving the following categories of fishery resources:

(i) All fish within this zone, except "highly migratory species";

(ii) All anadromous species throughout their migratory range, except within a conservation zone recognized by the United States; and

(iii) Continental Shelf fishery re

sources.

(c) Jurisdiction-(1) State. Generally the Act does not diminish the fishery

jurisdiction of any State within its own boundaries, nor does it extend State fishery jurisdiction beyond a State's seaward boundary.

(2) Intercouncil. In any case in which the range of stock or a fishery extends beyond the geographical area of authority of any one Council, as defined in § 601.12, the Secretary is authorized to designate the Council that shall prepare the fishery management plan for such a fishery, after consultation with the Councils concerned. When such a plan includes waters adjacent to the States represented on more than one Council, the Council thus designated should consult with the other affected Council(s). The Secretary may require that a plan be prepared jointly by the Councils concerned. In this case, any plan or amendment must, before being submitted to the Secretary, shall be approved by a majority of the voting members, present and voting, of each participating Council.

§ 601.12

Intercouncil boundaries.

(a) New England and Mid-Atlantic Fishery Management Councils-(1) Description. The boundary commences at the intersection point of Connecticut, Rhode Island and New York at 41°18'16.249"latitude and 71°54′28.477" longitude and proceeds S 37°22'32.75" E to the points of intersection with the outward boundary of the fishery conservation zone as specified in Title I, section 101 and Title II, section 202(d) of the Act.

(2) Method of Determination. The boundary between the New England and Mid-Atlantic Councils continues the agreed state boundary between New York and Rhode Island (to which Congress granted consent on July 1, 1944, Pub. L. 78-399) seaward to the 200 mile boundary of the fishery conservation zone.

(b) Mid-Atlantic and South Atlantic Fishery Management Councils—(1) Description. The boundary commences at the seaward boundary between the States of Virginia and North Carolina, and proceeds due East to the point of intersection with the outward boundary of the fishery conservation zone as

specified in Title I, section 101 and Title II, section 202(d) of the Act.

(2) Methods of determinations. The boundary between the Mid-Atlantic and South Atlantic Councils continues the agreed State boundary between Virginia and North Carolina seaward to the 200-mile boundary of the fishery conservation zone and, when drawn, would be a line of constant latitude described as 36°33′00.8′′N.

(c) South Atlantic and Gulf of Mexico Fishery Management Councils-(1) Description. The boundary commences at the seaward boundary between counties of Dade and Monroe in the State of Florida, and proceeds due East to the intersection with the outward boundary of the fishery conservation zone as specified in Title I, section 101 and Title II, section 202(d) of the Act.

(2) Method of determination. The boundary between the South Atlantic and Gulf of Mexico Councils continues the agreed county boundary between Dade and Monroe Counties to minimize potential difficulties for fishermen, the affected Councils, and outward bordering countries.

[42 FR 36980, July 18, 1977]

Subpart C-Uniform Standards for Organization, Practices and Procedures

§ 601.21 General.

(a) Purpose. Section 302(f)(6) of the Act requires each Council to determine its own organization, practices and procedures for carrying out its functions in accordance with such Uniform Standards as are prescribed by the Secretary. The regulations contained in this subpart provide the Uniform Standards in accordance with which the Councils shall operate.

(b) Applicability of other laws-(1) National Environmental Policy Act of 1969 (42 U.S.C. 4321). The National Environmental Policy Act (NEPA) sets forth the strategy of the Congress to achieve coordination of Federal activities and environmental considerations. NEPA's basic purpose is to insure that, in addition to technical and economic considerations, Federal officials weigh and give appropriate consideration to

unquantified environmental values in policy formulation, decisionmaking and administrative actions. Section 102(2)(C) of NEPA requires prepara

tion of a detailed environmental

impact statement in the case of major Federal actions that significantly affect the quality of the human environment. Procedures for compliance with NEPA in the preparation and submission of fishery management plans and amendments to such plans are set forth in § 602.6 [Reserved].

(2) Provisions of three interrelated laws affect Council practices and procedures, particularly concerning opportunity for public input, public access to Council meetings and to agendas, records, and reports of such meetings. These laws are:

(i) The Federal Advisory Committee Act (5 U.S.C. App. I). The intent of Congress with regard to the application of the Federal Advisory Committee Act (FACA) is stated in the Report of the Conference Committee (House Rept. No. 94-948, March 24, 1976). The provisions of FACA apply to the Councils and their committees and panels. Meetings must be open to the public except as provided for in § 601.24 (b)(4)(iii) of these regulations. The application of FACA is designed to ensure open meetings and public access to information generated by the Councils.

(ii) The Freedom of Information Act (5 U.S.C. 552(b)). The Freedom of Information Act (FOIA) provides for public access to records of the executive branch of the Federal Government, and to records generated at the request of the Federal Government. Nine groups of exceptions are provided that allow the withholding of information. Application of FOIA is covered more specifically in Part 603.

(iii) The Privacy Act (5 U.S.C. 552 (a)). This Act provides to individuals certain rights of access to records kept about them, and at the same time requires that the confidentiality and use of the information be strictly regulated, placing restrictions on the collection, retention, and use of personal information. Specific application of this Act is found in Part 603.

(3) Coastal Zone Management Act of 1972, as amended (16 U.S.C. 1451 et

seq.). The principal objective of this Act is to encourage and assist States in developing coastal zone management programs, to coordinate State activities, and to safeguard the regional and national interests in the coastal zone. While the coastal zone does not extend beyond the territorial sea, activities taking place beyond the territorial sea may impact on the coastal zone and thus come within the influence of coastal zone planning. In the preparation of fishery management plans, Councils should be particularly cognizant of the provisions of section 307(c) of this Act that require that any Federal activity directly affecting the coastal zone of a State be consistent with that State's approved coastal zone management program. Thus, Councils will need to coordinate their planning actions with the appropriate State agencies involved in coastal zone program development.

§ 601.22 Organization.

(a) General. This part addresses such questions as organization of the Council members, administrative staff and advisory panels.

(b) Council members. The Councils consist of voting and nonvoting members or their designees, as specified in the Act.

(1) Terms. Members appointed following initial constitution of the Councils serve for a term of three years. An individual appointed to fill a vacancy occurring prior to the expiration of any term of office shall be appointed for the remainder of that term. The anniversary date for measuring terms of membership is August

11.

the

(2) Designees. (i) The Act authorizes the principal State officials, NMFS Regional Directors, and the nonvoting members to designate individuals to attend Council meetings in their absence. Only one designee per Council may be so specified by each of the above officials.

(ii) A designee may serve for all or part of a Council meeting in the absence of the individual he or she is replacing and has the same voting power as his or her designator.

(iii) If circumstances require, the Council member may change his or

her designee. In such case, the Chairman of the Council must be notified and given in writing, in advance of the meeting at which the designee will represent the Council member, the name, address, and position of the individual designated. A designee may not name a designee for himself or herself.

(iv) Designees without appropriate security clearance may not attend meetings closed for security reasons, nor handle classified material. (See § 601.23(e)(3).)

(v) Reimbursement of actual expenses and compensation, as described in § 601.23(f), associated with travel to any meeting shall be limited to the member, or, in the case of the absence of the member, one designee. A designee who serves for part of a Council meeting may receive reimbursement of actual expenses and compensation associated with necessary travel and attendance at that part of a Council meeting wherein the member is absent.

(3) Designation of regional directors. The Regional Directors, NMFS shall, in accordance with the Act, serve as voting members on the Councils as follows: