The regulations in this part implement certain portions of the Magnuson Fishery Conservation and Management Act, 16 U.S.C. 1801 et seq, (Magnuson Act), which, among other things, establishes eight Regional Fishery Management Councils (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, practices, and procedures of the Councils.

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 disclo

sure.

(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.

[42 FR 34452, July 5, 1977, as amended at 42 FR 36980, July 18, 1977; 48 FR 56591, Dec. 22, 1983]

Subpart B-Geographical Boundaries § 601.11

General.

(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.

[42 FR 34452, July 5, 1977]

§ 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