[Federal Register Volume 65, Number 99 (Monday, May 22, 2000)]
[Notices]
[Pages 32078-32079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12834]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 051500C]


Guidelines for Economic Analysis of Fishery Management Actions

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of availability; request for comments.

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SUMMARY: The Guidelines for Economic Analysis of Fishery Management 
Actions (Guidelines) provide guidance on meeting the procedural and 
analytical requirements of Executive Order (E.O.) 12866 and the 
Regulatory Flexibility Act(RFA)for regulatory actions of federally 
managed fisheries. Specifically, the guidelines include a general 
framework for conducting economic analyses of regulatory actions; 
recommend that a preliminary regulatory economic evaluation be 
conducted early in the regulatory process to provide information on the 
impacts of proposed measures to the public and decision makers; outline 
the process for doing the regulatory impact review for meeting 
analytical requirements, including information requirements, analytical 
procedures, and methodologies; outline the steps for fulfilling the 
requirements of the Regulatory Flexibility Act; discuss the 
relationship of the Regulatory Flexibility Act to other applicable law; 
and identify ways of involving small entities in the rulemaking 
process.

DATES: Comments and information must be received no later than June 21, 
2000.

ADDRESSES: Comments on the guidelines should be addressed to Theo R. 
Brainerd, Regulatory Services Division (Stn. 13212), Office of 
Sustainable Fisheries, NOAA/NMFS, 1315 East West Highway, Silver 
Spring, Maryland 20910.
    Comments may also be sent via facsimile (fax) to 301-713-0696. A 
copy of the draft guidelines is available through the internet at: 
http: //www.nmfs.gov/sfa/>> under ``Proposed & Final Rules, and 
Documents for Public Comment.''

FOR FURTHER INFORMATION CONTACT: Theo R. Brainerd, NMFS, 301-713-2337.

SUPPLEMENTARY INFORMATION:   

Background

    The objective of E.O. 12866 (58 FR 51735, October 4, 1993) is to 
improve the Federal regulatory system. NMF complies with E.O. 12866 by 
preparing a Regulatory Impact Review (RIR) which includes an analysis 
of the economic effects of the proposed action and alternative actions. 
The RIR is intended to assist Councils and the NMFS in selecting the 
regulatory approach that maximizes net benefits (including potential 
economic, environmental, public health and safety, and other 
advantages; distributive impacts, and equity issues), unless a statute 
requires another regulatory approach.
    The purpose of the RFA (5 U.S.C. 601 et seq.) is to establish as a 
principle of regulatory issuance that agencies shall endeavor, 
consistent with the objectives of the regulatory action and applicable 
statutes, to fit regulatory and informational requirements to the scale 
of businesses, organizations, and governmental jurisdictions subject to 
the regulation. NMFS conducts a Regulatory Flexibility Act Analysis 
(RFAA) to assess the impacts of the proposed/final rule on small 
entities and describes steps the agency has taken to minimize any 
significant economic impact on small entities while achieving 
regulatory goals.
    In comparison to the previous RIR/RFAA guidelines, these 
guidelines:
    Incorporate the revisions to the Regulatory Flexibility Act made by 
the Small Business Regulatory Enforcement Act;
    Revise the basis the agency will use to certify that a proposed 
regulation will not have a significant economic impact on a substantial 
number of small entities;
    Place greater emphasis on the need for the Councils and NMFS to 
have draft analyses early in the FMP development process and final 
analyses available prior to a decision on the preferred course of 
action. These analyses would also be a source of information for public 
comment on the expected effects of the alternatives under 
consideration;
    Provide recommendations concerning key topic areas and organization 
for the regulatory analyst to consider when developing and revising the 
regulatory analysis; and
    Based on the growing regulatory emphasis on protected resources and 
habitat, recommend that analysts highlight, where appropriate, the 
effects on the non-consumptive uses of fishery, other living marine 
resources, and the ecological benefits derived from these resources and 
their habitats.


[[Page 32079]]


    Dated: May 17, 2000.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 00-12834 Filed 5-19-00; 8: 45 am]
BILLING CODE 3510-22-F