13386 Federal Register / Vol. 74, No. 58 / Friday, March 27, 2009 / Proposed Rules 

[FR Doc. E9–6891 Filed 3–26–09; 8:45 am] 

BILLING CODE 7710–FW–C 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 600 

[Docket No. 080102007–81097–01] 

RIN 0648–AW18 

Magnuson-Stevens Fishery 

Conservation and Management Act; 

Regional Fishery Management 

Councils; Operations 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes changes to 

the regulations that address the 

operations and administration of 

regional fishery management councils 

(Councils). The regulatory changes are 

needed to implement amendments to 

the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) that, among 

other things, govern the Council 

Coordination Committee (CCC), expand 

the role of the Councils’ Scientific and 

Statistical Committee (SSC), require that 

SSC members disclose their financial 

interests, and provide for training of 

Council members and staff. 

Additionally, the proposed rule would 

make changes to the regulations 

requiring Councils to provide 

procedures for proposed regulations, 

clarifying restrictions on lobbying, and 

clarifying timing in the Council member 

nomination process. The proposed rule 

would also make technical and minor 

corrections to the regulations unrelated 

to the most recent Magnuson-Stevens 

Act amendments. 

DATES: Written comments must be 

received no later than 5 p.m. e.d.t. on 

July 6, 2009. 

ADDRESSES: You may submit comments, 

identified by ‘‘RIN 0648–AW18,’’ by any 

one of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. 

• Fax: 301–713–1175. 

• Mail: Alan Risenhoover, Director, 

Office of Sustainable Fisheries, National 

Marine Fisheries Service, 1315 EastWest Highway, SSMC3, Silver Spring, 

MD 20910. Please mark the outside of 

the envelope ‘‘Council Operations.’’ 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments (enter n/a in the required 

fields, if you wish to remain 

anonymous). Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe pdf 

file formats only. 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this proposed 

rule may be submitted to the Office of 

Sustainable Fisheries at the mailing 

address or fax number specified above 

and by e-mail to 

DavidlRostker@omb.eop.gov, or fax to 

(202) 395–7285. 

FOR FURTHER INFORMATION CONTACT: 

William Chappell, at 301–713–2337. 

SUPPLEMENTARY INFORMATION: Section 

302 of the Magnuson-Stevens Act 

includes provisions for the 

establishment and administration of the 

Councils. The Magnuson-Stevens Act 

was reauthorized on January 12, 2007, 

with amendments throughout, and this 

proposed rule would implement some 

of the changes that were made to 

Section 302. Additionally, several issues 

regarding Council operations and 

membership have prompted proposed 


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Federal Register / Vol. 74, No. 58 / Friday, March 27, 2009 / Proposed Rules 13387 

changes to the regulations. Key aspects 

of the proposed rule are: requirements 

relative to the CCC; requirements for 

SSCs and financial interest reporting for 

SSC members; an update of Council and 

committee meeting announcement 

requirements; a requirement for 

Councils to have procedures for 

proposed regulations; designation of an 

alternate for the Indian tribal 

representative of the Pacific Fishery 

Management Council; requirements for 

nominating individuals to the Gulf of 

Mexico Fishery Management Council; 

revisions to the process and deadline for 

governors to submit Council member 

nominations to the Secretary; 

restrictions on direct or indirect 

lobbying by Council members, Council 

staff, and contractors; addition of 

lobbying and advocacy as types of 

financial interest activities that must be 

reported by affected individuals; and 

the requirement for new Council 

members to attend a training course. 

Additionally, the proposed rule would 

implement several minor changes in 

Magnuson-Stevens Act section 302, as 

well as a number of technical changes 

and minor corrections, unrelated to the 

reauthorization of the Act. Many of the 

key aspects of the proposed rule 

reiterate statutory requirements of the 

Magnuson-Stevens Act. NMFS is 

including this statutory text in 

regulations so that relevant Council 

process provisions both statutory and 

regulatory are presented together for 

ease of reference. 

Statement of Organization, Practices 

and Procedures (SOPPs) 

There have been continuing questions 

regarding Councils’ SOPPs. The general 

public often does not understand the 

Councils’ functions, how they are 

organized and what their limits are in 

fisheries management and policy. 

SOPPs have provided that information, 

but the public must go to the Council 

office for a copy or request a copy by 

mail. The increased use of the Internet 

makes it appropriate for the Councils to 

post their SOPPs on line. Therefore, 

NMFS proposes to amend § 600.115 to 

require that Council SOPPs be made 

available on the Internet. Additionally, 

NMFS proposes to clarify the regulatory 

sections with which the SOPPs must 

comply. 

Council Coordinating Committee (CCC) 

The proposed rule at a new § 600.117 

would govern the CCC. The CCC 

consists of the chairs, vice chairs, and 

executive directors of each of the eight 

Councils or other Council members or 

staff, and discusses issues of relevance 

to all Councils, as specified in the 

Magnuson-Stevens Act at section 302(l). 

The CCC is exempt from the 

requirements of the Federal Advisory 

Committee Act. Procedures for 

announcing and conducting open and 

closed meetings of the CCC are reflected 

in § 600.135. 

Scientific and Statistical Committees 

(SSCs) 

This proposed rule addresses several 

changes in Magnuson-Stevens Act 

section 302(g)(1) regarding SSCs. 

Section 600.133 of the proposed rule 

requires SSC members, appointed by the 

Councils, to be Federal employees, State 

employees, academicians, or 

independent experts with strong 

scientific or technical credentials and 

experience. It also requires SSC 

meetings to be held in conjunction with 

Council meetings to the extent 

practicable. 

Section 302(g)(1)(D) of the MagnusonStevens Act includes a new requirement 

that SSC members shall be treated as 

‘‘affected individuals’’ for purposes of 

sections 302(j)(2), (3)(B), (4) and (5)(A) 

of the Act, which pertain to the 

disclosure of financial interests by 

affected individuals. Consistent with the 

Act, the proposed rule at § 600.235 

would require an SSC member to file 

the Financial Interest Form with the 

NMFS Regional Administrator within 

45 days prior to appointment and 

within 30 days of substantial changes to 

his/her financial interests and update 

his/her form annually. NMFS would 

retain the records for five years. 

Sections 302(j)(5)(B-C), (6) and (7) of 

the Act include requirements for public 

inspection of, and access to, Council 

member Financial Interest Forms and 

recusals from voting. Because SSC 

members are not ‘‘affected individuals’’ 

for purposes of these sections, the 

proposed rule does not require that SSC 

members’ Financial Interest Forms be 

made available for inspection or made 

available on the internet. In addition, 

the proposed rule states that SSC 

members are not subject to the 

restrictions on voting under § 600.235. 

The proposed rule also clarifies that 

SSC members are not automatically 

subject to the requirements of 18 U.S.C. 

208, which pertains to actions affecting 

personal financial interests. Those 

requirements would only apply if a 

person is an officer or employee of the 

executive branch of the United States 

Government, or falls under another 

category of persons specified in that 

statute. NMFS seeks comments from the 

public on the proposed regulations that 

would affect the composition, purpose, 

and operation of the SSC, as well as the 

financial disclosure requirements for its 

members. Finally, existing regulations at 

§ 600.235(h) provide that 18 U.S.C. 208 

would also not apply to an affected 

individual who is in compliance with 

the requirements of that section for 

filing a financial disclosure report. 

Consistent with section 302(j)(8) of the 

Magnuson-Stevens Act, the proposed 

rule would clarify this exemption only 

applies to an affected individual ‘‘who 

is a voting member of a Council 

appointed by the Secretary, as described 

under section 302(j)(1)(A)(ii) of the 

Magnuson-Stevens Act.’’ 

Additional changes in MagnusonStevens Act section 302(g)(1)(A), (B) and 

(E) regard the function and roles of the 

SSC and the establishment of a peer 

review process. Some aspects of those 

changes were addressed in the National 

Standard 1 Guidelines revisions (74 FR 

3178, January 16, 2009), which included 

guidance on annual catch limits and 

accountability measures and other 

aspects of overfishing and rebuilding. 

NMFS is continuing to explore other 

guidance that may be needed regarding 

these statutory changes. 

Magnuson-Stevens Act section 

302(g)(1)(F) requires the Secretary, 

subject to the availability of funds, to 

pay a stipend to members of SSCs and 

advisory panels who are not employed 

by the Federal Government or a State 

marine fisheries agency. NMFS seeks 

comment from the public on the 

implementation of stipends should 

funding be available. In addition to 

issues such as the amount and 

frequency of the payments, and what 

criteria must be satisfied for one to 

qualify for the stipend, NMFS seeks 

input from the public on the funding 

priority that should be given payment of 

the stipend, relative to the Councils’ 

other financial obligations. 

In anticipation of the stipend 

requirement, NMFS has begun to 

examine how Councils develop and use 

their SSCs, advisory panels, and other 

advisory committees. One concern has 

been that Councils use the terms 

‘‘advisory panel’’ and ‘‘advisory 

committee’’ inconsistently. To help 

prepare for a clear analysis of the 

number and types of advisory 

committees and for a determination of 

who may be entitled to receive the 

stipend, NMFS proposes definitions in 

§ 600.10 for an ‘‘advisory panel’’, which 

would be established pursuant to 

Magnuson-Stevens Act section 

302(g)(2), and a ‘‘fishing industry 

advisory committee’’, established by a 

Council pursuant to section 

302(g)(3)(A). In addition, definitions for 

‘‘Region,’’ ‘‘Regional Administrator,’’ 

and ‘‘Science and Research Director’’ 

would be updated to reflect that there 


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are now 6 regions, each with a regional 

administrator and a science and 

research director. 

Public Notice of Meetings 

The proposed rule at § 600.135 would 

specify revised means for announcing 

meetings of a Council, SSC, advisory 

panels, other committees, and the CCC. 

The regulations currently require public 

notification specifically through the 

news media. The revised regulations 

would allow for notice of regular, 

emergency, and closed meetings by any 

means that will result, per section 

302(i)(2)(c) of the Magnuson-Stevens 

Act, in wide publicity in the major 

fishing ports of the region and those 

other ports with an interest in any of the 

fisheries likely to be addressed in the 

proceedings. Also, the proposed rule 

stipulates that notices about regular and 

emergency meetings by website and email postings alone are not sufficient. 

Council Procedure for Proposed 

Regulations 

A new § 600.140 is proposed to be 

added that would require each Council 

to establish clear internal procedures for 

proposed regulations, consistent with 

Magnuson-Stevens Act section 303(c). 

Section 303(c) pertains to the 

submission of proposed regulations to 

the Secretary which a Council deems 

necessary or appropriate for the 

purposes of implementing a fishery 

management plan or plan amendment 

and making modifications to regulations 

implementing a plan or plan 

amendment. Section 600.140 would 

require that each Council establish a 

clear procedure that sets forth how it 

deems proposed regulations as 

necessary or appropriate and also how 

it formally submits such regulations to 

the Secretary. Section 600.140 proposes 

that the procedure be described in the 

Council’s SOPP or other written 

documentation available to the public to 

inform the public how it operates. The 

form and detail of the procedure may be 

prescribed by each Council, and may be 

based on any existing procedures as 

appropriate, subject to the requirements 

of the Magnuson-Stevens Act and 

approval by the Secretary. 

Pacific Fishery Management Council 

Tribal Member Alternate 

The proposed rule would establish a 

new section, § 600.207, to specify the 

conditions under which a tribal Indian 

representative to the Pacific Fishery 

Management Council may designate an 

alternate for the period of the 

representative’s term. The requirements 

for designating an alternate would be 

similar to those of state members. 

Gulf of Mexico Fishery Management 

Council Nominations 

The proposed rule would specify new 

procedures in § 600.215 for nominating 

and appointing members to the Gulf of 

Mexico Fishery Management Council. 

Consistent with new language in the 

Magnuson-Stevens Act, the proposed 

rule requires the Governors of each Gulf 

state to ensure their list of nominees for 

appointment to the Council includes 

representatives of certain fishery 

sectors, as well as at least one other 

individual knowledgeable in fishery 

conservation and management. The rule 

also provides a process for the citizens 

of a Gulf coastal state to nominate 

individuals, should the Governor’s 

nominees be determined by the 

Secretary to be unqualified for 

appointment. 

Council Member Nomination Process 

NMFS proposes to amend § 600.215 

regarding the submission of Council 

member nominations by state governors 

to allow more flexibility in the timing. 

Current guidelines require state 

governors to submit names of Council 

seat nominees and their complete 

nomination packages to NMFS by 

March 15. The proposed rule would 

soften the deadline, requiring 

submission of nominees’ names by 

March 15 and allowing until March 31 

for submission of the completed 

nomination packages. 

This proposed rule change is needed 

to accommodate the lengthy and 

complex procedure for Council 

nominees to file for and receive official 

security assurances. The security 

assurance application procedure 

requires extensive personal history 

information to be submitted by 

computer. Due to timing of the process, 

software and internet connectivity 

problems, and availability of the 

personal information, the security 

assurance filings can be delayed, 

resulting in submission of the 

completed nomination packages after 

March 15. 

Recognizing the difficulty of the 

process, NMFS has accommodated late 

submission of nomination packages. 

NMFS intends to provide states every 

reasonable opportunity to submit 

nominations for open Council seats, 

and, therefore, while submission of the 

names for nomination must be 

submitted by March 15, the proposed 

rule would give states until March 31 to 

submit the completed nomination 

package. 

NMFS retains the requirement for 

having completed packages prior to 

accepting nominations for any seat, and 

the option not to consider any 

nominations for at-large seats not 

completed by March 31. It remains 

NMFS’ expectation that governors will 

submit, at a minimum, their list of 

nominees by March 15. 

The Secretary must make Council 

member appointments by June 27 to 

allow new members to be seated by 

August 11 and complete the regular 

nomination cycle. Any later submission 

of nominees jeopardizes that process. 

Notifying governors and commencing 

the nomination process earlier may help 

the situation but would not solve the 

problem of late nomination package 

submissions. Currently, NMFS contacts 

governors each December and January to 

solicit nominations for upcoming 

obligatory and at-large seats. Some 

gubernatorial terms begin in January 

and a change in administration, as well 

as other year-end priorities can 

confound the state’s Council 

nomination process. 

Restrictions on Lobbying 

NMFS proposes to add a new 

paragraph concerning lobbying to 

§ 600.225, which sets forth the Council 

Rules of Conduct. There have been 

recent questions from the Councils and 

inquiries from the public regarding what 

is allowed and not allowed in the way 

of direct or indirect lobbying by Council 

members and staff. Direct lobbying 

involves contacts with legislators, their 

staffs, or other government officials, 

either in person or through written or 

oral communication. Indirect or 

‘‘grassroots’’ lobbying involves 

contacting others and urging them to 

support or to advocate for improve 

appropriations or changes to legislation 

or policy. 

To provide Council members, Council 

staff and members of the public a better 

idea of restrictions on lobbying 

activities, NMFS proposes to add a new 

§ 600.227 Lobbying. Restrictions on 

lobbying activities that apply to the 

Regional Fishery Management Councils, 

as recipients of Federal financial 

assistance, are encompassed in 31 

U.S.C. 1352(a)(1)and (2), 15 CFR 

28.100(a), and in applicable costprinciples set forth at 2 CFR part 230. 

As a condition of receiving such 

assistance, the Councils agree to abide 

by these restrictions. The proposed 

§ 600.227 would provide not only 

references to these lobbying restrictions, 

but also general guidance with respect 

to certain proscribed actions. 

Financial Disclosure by Council and 

SSC Members 

The amended Magnuson-Stevens Act 

expands the array of business activities 


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that must be reported by affected 

individuals in their financial 

disclosures. An ‘‘affected individual’’ is 

a person who is nominated by a state 

Governor or appointed by the Secretary 

to serve as a voting member of a Council 

under section 302(b)(2) and (b)(5) of the 

Magnuson-Stevens Act. Members of an 

SSC are also considered affected 

individuals for specific paragraphs of 

§ 600.235. Affected individuals must 

disclose any financial interests they 

have in certain activities that may fall 

under the jurisdiction of the Council. 

Per the amended Magnuson-Stevens 

Act, lobbying and advocacy are added to 

fishery harvesting, processing, and 

marketing as the types of activities, 

upon which the individual must report. 

The proposed rule would implement 

this change by expanding and updating 

the definition of financial interests in 

§ 600.235 to include the activities of 

lobbying and advocacy. It would also 

remove from the definition of financial 

interests the exclusion of financial 

concerns associated with environmental 

advocacy. For clarity, Financial Interest 

Form is defined. 

Consistent with the MagnusonStevens Act, at § 600.235 the proposed 

rule would require the financial 

disclosures made by Council members 

appointed by the Secretary to be posted 

on the internet and accessible to the 

public. 

Council Member Training 

Another new section, § 600.250, 

addresses a Magnuson-Stevens Act 

requirement for the Secretary to develop 

a training course and for newly 

appointed Council members to attend 

the training course within one year of 

appointment. The minimum course 

content is specified in the MagnusonStevens Act and not addressed in this 

regulation. The course would be made 

available, not only to new Council 

members, but also to existing Council 

members, Council staff, and NMFS staff. 

The course may also be made available 

to Council committee and advisory 

panel members. 

Technical Changes 

In addition to implementing 

amendments to the Magnuson-Stevens 

Act, the proposed rule would make 

several technical changes and 

corrections to 50 CFR part 600 subparts 

A, B, and C. In § 600.105, ‘‘intercouncil 

boundaries,’’ the latitude of the seaward 

boundary between Virginia and North 

Carolina would be corrected. In 

§ 600.125, citations to two documents 

that direct a Council’s financial 

management would be updated. Section 

600.10 would be revised to clarify that 

one full year must have elapsed after the 

completion of a member’s third 

consecutive term before that person may 

take a seat on the same Council. The 

text of an oath of office would be 

reinserted in § 600.220. This oath was 

removed during the regulations 

consolidation in 1996, however it is still 

in use by the Councils and it requested 

by them and others, particularly when 

new members are about to be sworn in. 

The oath acknowledges and affirms the 

members’ commitment to the 

conservation and management of living 

marine resources. Section 600.240 

would be clarified by requiring that 

background checks be acceptable rather 

than just completed. Several additional 

minor corrections and clarifications 

reflecting changes already discussed 

would be made throughout the subparts. 

Classification 

This action has been determined to be 

not significant for purposes of Executive 

Order 12866. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration that this 

proposed rule, if adopted, would not 

have a significant economic impact on 

a substantial number of small entities. 

The factual basis for this determination 

is as follows: 

This proposed rule would update 

operational and administrative procedures of 

the eight Regional Fishery Management 

Councils. It consists of varied measures 

which implement 2007 amendments to the 

Magnuson-Stevens Act, respond to emerging 

Council issues, and make minor changes and 

technical corrections to the Council 

regulations. The proposed rule includes: 

1. Requirements relative to the Council 

Coordination Committee (CCC) consisting of 

Council chairs, executive directors, and 

others, to work on issues of common 

concern; 

2. Requirements relative to the Scientific 

and Statistical Committee (SSC) in the 

regulations and requirements for financial 

interest reporting by the SSC; 

3. Update meeting announcement 

requirements for the Councils, their 

committees, advisory panels (AP), Fishing 

Industry Advisory Committees (FIAC), and 

the CCC, consistent with the MagnusonStevens Act; 

4. Requirement for Councils to establish a 

procedure for proposed regulations 

submitted to the Secretary; 

5. Designation of an alternate for the Indian 

tribal representative of the Pacific Fishery 

Management Council; 

6. Requirements for nominating 

individuals to the Gulf of Mexico Fishery 

Management Council; 

7. Revisions to the process and deadline for 

governors to submit Council member 

nominations to the Secretary; 

8. Restrictions on direct or indirect 

lobbying of legislators by Council members, 

Council staff, and contractors. 

9. Addition of lobbying and advocacy as 

types of financial interest activities that must 

be reported by affected individuals; 

10. Specifying that SSC members be treated 

as ‘‘affected individuals’’ as regards certain 

financial interest reporting requirements, 

consistent with the Magnuson-Stevens Act; 

11. Requirement that financial disclosures 

made by appointed Council members to be 

posted on the internet, consistent with the 

Magnuson-Stevens Act; and 

12. Requirement that new Council 

members to attend a training course 

developed by the Secretary, consistent with 

the Magnuson-Stevens Act. 

Additionally, the proposed rule would 

make several technical changes and minor 

corrections to the existing regulations. For 

example, in the section on inter-council 

boundaries, the latitude of the seaward 

boundary between Virginia and North 

Carolina is corrected; citations to two 

documents that direct the Councils’ financial 

management are updated; and the text of an 

oath of office is added to the regulations. 

Several additional minor corrections have 

been made throughout the subparts. 

As a result, an initial regulatory flexibility 

analysis is not required and none has been 

prepared. 

This proposed rule contains a 

collection-of-information requirement 

subject to the Paperwork Reduction Act 

(PRA) and which has been approved by 

OMB under Control Number 0649–0192. 

Public reporting burden for completing 

and submitting the Statement of 

Financial Interests, Form 88–195, is 

estimated to average 35 minutes per 

response, including the time for 

reviewing instructions, searching 

existing data sources, gathering and 

maintaining the data needed, and 

completing and reviewing the collection 

of information. Send comments 

regarding this burden estimate, or any 

other aspect of this data collection, 

including suggestions for reducing the 

burden, to NMFS (see ADDRESSES) and 

by e-mail to 

DavidlRostker@omb.eop.gov or fax to 

(202) 395–7285. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, and no person shall be 

subject to penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB control number. 

List of Subjects in 50 CFR Part 600 

Administrative practice and 

procedure, Confidential business 

information, Fisheries, Fishing, Fishing 

vessels, Foreign relations, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Statistics. 


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Dated: March 23, 2009. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, NMFS proposes to amend 50 

CFR part 600 as follows: 

PART 600—MAGNUSON-STEVENS 

ACT PROVISIONS 

1. The authority citation for part 600 

continues to read: 

Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 

et seq. 

2. In § 600.10, add definitions for 

‘‘Advisory panel (AP)’’ and ‘‘Fishing 

industry advisory committee (FIAC)’’ in 

alphabetical order; and revise the 

definitions for ‘‘Region’’, ‘‘Regional 

Administrator’’, and ‘‘Science and 

Research Director’’ to read as follows: 

§ 600.10 Definitions. 

* * * * * 

Advisory panel (AP) means a standing 

committee formed and selected by a 

regional fishery management council, 

under the authority of MagnusonStevens Act section 302(g)(2), to assist it 

in carrying out its functions. An AP may 

include individuals who are not 

members of the council. 

* * * * * 

Fishing industry advisory committee 

(FIAC) means an advisory group formed 

and selected by a regional fishery 

management council under the 

authority of the Magnuson-Stevens Act 

section 302(g)(3)(A). A FIAC is not an 

‘‘advisory panel’’ as defined under this 

section. 

* * * * * 

Region means one of six NMFS 

Regional Offices responsible for 

administering the management and 

development of marine resources in the 

United States in their respective 

geographical regions. 

Regional Administrator means the 

Administrator of one of the six NMFS 

Regions described in Table 1 to 

§ 600.502, or a designee. Formerly 

known as Regional Director. 

* * * * * 

Science and Research Director means 

the Director of one of the six NMFS 

Fisheries Science Centers described in 

Table 1 to § 600.502, or a designee, also 

known as Center Director. 

* * * * * 

3. In § 600.15: 

a. Redesignate paragraphs (a)(9) 

through (a)(15) as paragraphs (a)(11) 

through (a)(17), respectively. 

b. Redesignate paragraphs (a)(5) 

through (a)(8) as paragraphs (a)(6) 

through (a)(9), respectively. 

c. Add new paragraphs (a)(5) and 

(a)(10) to read as follows: 

§ 600.15 Other acronyms. 

(a) * * * 

(5) CCC Council coordination 

committee 

* * * * * 

(10) FIAC Fishing industry advisory 

committee 

* * * * * 

4. In § 600.105, revise paragraph (b) to 

read as follows: 

§ 600.105 Intercouncil boundaries. 

* * * * * 

(b) Mid-Atlantic and South Atlantic 

Councils. The boundary begins at the 

seaward boundary between the States of 

Virginia and North Carolina (36 

33’01.0’’ N. lat), and proceeds due east 

to the point of intersection with the 

outward boundary of the EEZ as 

specified in the Magnuson-Stevens Act. 

* * * * * 

5. In § 600.115, revise paragraph (b) to 

read as follows: 

§ 600.115 Statement of organization, 

practices, and procedures (SOPP). 

* * * * * 

(b) Amendments to current SOPPs 

must be consistent with the guidelines 

in this section, subpart C of this part, 

the terms and conditions of the 

cooperative agreement (the funding 

agreement between the Council and 

NOAA that establishes Council funding 

and mandates specific requirements 

regarding the use of those funds), the 

statutory requirements of the MagnusonStevens Act, and other applicable law. 

Upon approval of a Council’s SOPP 

amendment by the Secretary, a notice of 

availability must be published in the 

Federal Register that includes an 

internet address from which the 

amended SOPP may be read and 

downloaded and a mailing address to 

which the public may write to request 

copies. 

* * * * * 

6. Section 600.117 is added to subpart 

B to read as follows: 

§ 600.117 Council coordination committee 

(CCC). 

(a) The Councils may establish a 

Council coordination committee (CCC) 

consisting of the chairs, vice chairs, and 

executive directors of each of the eight 

Councils or other Council members or 

staff, in order to discuss issues of 

relevance to all Councils. 

(b) The CCC is not subject to the 

requirements of the Federal Advisory 

Committee Act (5 U.S.C. App. 2). 

Procedures for announcing and 

conducting open and closed meetings of 

the CCC shall be in accordance with 

§ 600.135. 

7. In § 600.125, revise paragraph (a) to 

read as follows: 

§ 600.125 Budgeting, funding, and 

accounting. 

(a) Council grant activities are 

governed by 15 CFR part 14 (Uniform 

Administrative Requirements for Grants 

and Agreements with Institutions of 

Higher Education, Hospitals, and other 

Non-Profit and Commercial 

Organizations), 2 CFR part 230 (Cost 

Principles for Non-Profit Organizations), 

15 CFR part 14 (Audit Requirements for 

Institutions of Higher Education and 

Other Non-Profit Organizations), and 

the terms and conditions of the 

cooperative agreement. 

* * * * * 

8. Section 600.133 is added to subpart 

B to read as follows: 

§ 600.133 Scientific and Statistical 

Committee (SSC). 

(a) Establishment of an SSC. (1) Each 

Council shall establish, maintain, and 

appoint the members of an SSC to assist 

it in the development, collection, 

evaluation, and peer review of such 

statistical, biological, economic, social, 

and other scientific information as is 

relevant to such Council’s development 

and amendment of any fishery 

management plan. 

(2) Each SSC shall provide its Council 

ongoing scientific advice for fishery 

management decisions, including 

recommendations for acceptable 

biological catch, preventing overfishing, 

maximum sustainable yield, and 

achieving rebuilding targets, and reports 

on stock status and health, bycatch, 

habitat status, social and economic 

impacts of management measures, and 

sustainability of fishing practices. 

(3) Members appointed by the 

Councils to the SSCs shall be Federal 

employees, State employees, 

academicians, or independent experts 

and shall have strong scientific or 

technical credentials and experience. 

(4) An SSC shall hold its meetings in 

conjunction with the meetings of the 

Council, to the extent practicable. 

(b) [Reserved] 

(c) [Reserved] 

9. In § 600.135, paragraphs (a), (b), (c), 

(d), and (e) are revised to read as 

follows: 

§ 600.135 Meeting procedures. 

(a) Regular meetings. Public notice of 

regular meetings of each Council, CCC, 

SSC, and AP, including the meeting 

agenda, must be published in the 

Federal Register at least 14 calendar 

days prior to the meeting date. 


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Appropriate notice by any means that 

will result in wide publicity in the 

major fishing ports of the region (and in 

other major fishing ports having a direct 

interest in the affected fishery) must be 

given. E-mail notification and website 

postings alone are not sufficient. The 

published agenda of a regular meeting 

may not be modified to include 

additional matters for Council action 

without public notice, or such notice 

must be given at least 14 calendar days 

prior to the meeting date, unless such 

modification is necessary to address an 

emergency under section 305(c) of the 

Magnuson-Stevens Act, in which case 

public notice shall be given 

immediately. Drafts of all regular public 

meeting notices must be received by 

NMFS headquarters office at least 23 

calendar days before the first day of the 

regular meeting. Councils must ensure 

that all public meetings are accessible to 

persons with disabilities, and that the 

public can make timely requests for 

language interpreters or other auxiliary 

aids at public meetings. 

(b) Emergency meetings. Drafts of 

emergency public notices must be 

transmitted to the NMFS headquarters 

office; recommended at least 5 working 

days prior to the first day of the 

emergency meeting. Although notices of 

and agendas for emergency meetings are 

not required to be published in the 

Federal Register, notices of emergency 

meetings must be promptly announced 

through any means that will result in 

wide publicity in the major fishing ports 

of the region. E-mail notification and 

website postings alone are not 

sufficient. 

(c) Closed meetings. After proper 

notification by any means that will 

result in wide publicity in the major 

fishing ports within the region, having 

included in the notification the time 

and place of the meeting and the reason 

for closing any meeting or portion 

thereof to the public: 

(1) A Council, CCC, SSC, AP, or FIAC 

must close any meeting, or portion 

thereof, that concerns information 

bearing a national security 

classification. 

(2) A Council, CCC, SSC, AP, or FIAC 

may close any meeting, or portion 

thereof, that concerns matters or 

information pertaining to national 

security, employment matters, or 

briefings on litigation in which the 

Council is interested. 

(3) A Council, CCC, SSC, AP, or FIAC 

may close any meeting, or portion 

thereof, that concerns internal 

administrative matters other than 

employment. Examples of other internal 

administrative matters include 

candidates for appointment to AP, SSC, 

FIAC, and other subsidiary bodies and 

public decorum or medical conditions 

of members of a Council or its 

subsidiary bodies. In deciding whether 

to close a portion of a meeting to discuss 

internal administrative matters, the 

CCC, a Council, or subsidiary body 

should consider not only the privacy 

interests of individuals whose conduct 

or qualifications may be discussed, but 

also the interest of the public in being 

informed of Council operations and 

actions. 

(d) Without the notice required by 

paragraph (c) of this section, a Council, 

CCC, SSC, AP, or FIAC may briefly close 

a portion of a meeting to discuss 

employment or other internal 

administrative matters. The closed 

portion of a meeting that is closed 

without notice may not exceed two 

hours. 

(e) Before closing a meeting or portion 

thereof, the CCC, a Council, or 

subsidiary body should consult with the 

NOAA General Counsel Office to ensure 

that the matters to be discussed fall 

within the exceptions to the 

requirement to hold public meetings 

described in paragraph (c) of this 

section. 

* * * * * 

10. Section 600.140 is added to 

subpart B to read as follows: 

§ 600.140 Procedure for proposed 

regulations. 

(a) Each Council must establish a 

written procedure for proposed 

regulations consistent with section 

303(c) of the Magnuson-Stevens Act. 

The procedure must describe how the 

Council deems proposed regulations 

necessary or appropriate for the 

purposes of implementing a fishery 

management plan or a plan amendment, 

or making modifications to regulations 

implementing a fishery management 

plan or plan amendment. In addition, 

the procedure must describe how the 

Council submits proposed regulations to 

the Secretary. 

(b) The Councils must include the 

procedure for proposed regulations in 

its SOPP, see § 600.115, or other written 

documentation that is available to the 

public. 

11. Section 600.207 is added to 

subpart C to read as follows: 

§ 600.207 Pacific Fishery Management 

Council Tribal Indian representation and 

alternate. 

(a) The tribal Indian representative to 

the Pacific Fishery Management Council 

may designate an alternate during the 

period of the representative’s term. The 

designee must be knowledgeable 

concerning tribal rights, tribal law, and 

the fishery resources of the geographical 

area concerned. 

(b) New or revised designations of an 

alternate by the tribal Indian 

representative must be delivered in 

writing to the appropriate NMFS 

Regional Administrator and the Council 

chair at least 48 hours before the 

designee may vote on any issue before 

the Council. In that written document, 

the tribal Indian representative must 

indicate how the designee meets the 

knowledge requirements under 

paragraph (a) of this section. 

12. In § 600.210 revise paragraph (c) 

to read as follows: 

§ 600.210 Terms of Council members. 

* * * * * 

(c) A member who has completed 

three consecutive terms will be eligible 

for appointment to another term one full 

year after completion of the third 

consecutive term. 

13. In § 600.215, redesignate 

paragraphs (c), (d), and (e) as paragraphs 

(d), (e), and (f), respectively; add new 

paragraph (c); and revise the newly 

redesignated paragraph (e) to read as 

follows: 

§ 600.215 Council nomination and 

appointment procedures. 

* * * * * 

(c) Nominees to the Gulf of Mexico 

Fishery Management Council. (1) The 

Governors of States submitting 

nominees to the Secretary for 

appointment to the Gulf of Mexico 

Fishery Management Council shall 

include: 

(i) At least one nominee each from the 

commercial, recreational, and charter 

fishing sectors, except that an 

individual who owns or operates a fish 

farm outside the United States shall not 

be considered to be a representative of 

the commercial or recreational sector; 

and 

(ii) At least one other individual who 

is knowledgeable regarding the 

conservation and management of 

fisheries resources in the jurisdiction of 

the Council. 

(2) Notwithstanding the requirements 

of paragraphs (a) and (b) of this section, 

if the Secretary determines that the list 

of names submitted by the Governor 

does not meet the requirements of 

paragraph (c)(1) of this section, the 

Secretary shall: 

(i) Publish a notice in the Federal 

Register asking the residents of that 

State to submit the names and pertinent 

biographical data of individuals who 

would meet the requirements of this 

section that were not met for 

appointment to the Council; and 

(ii) Add the name of any qualified 

individual submitted by the public who 


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meets the requirements of this section 

that were not met to the list of names 

submitted by the Governor. 

(3) The requirements of this paragraph 

(c) shall expire at the end of fiscal year 

2012, meaning through September 30, 

2012. 

* * * * * 

(e) Nomination deadlines. 

Nomination packages (governors’ letters 

and completed nomination kits) should 

be forwarded by express mail under a 

single mailing to the address specified 

by the Assistant Administrator by 

March 15. For appointments outside the 

normal cycle, the Secretary will provide 

a deadline for receipt of nominations to 

the affected Council and state governors. 

(1) Obligatory seats. (i) The Governor 

of the state for which the term of an 

obligatory seat is expiring should 

submit the names of at least three 

qualified individuals to fill that seat by 

the March 15 deadline. The Secretary 

will appoint to the Pacific Fishery 

Management Council a representative of 

an Indian tribe from a list of no fewer 

than three individuals submitted by the 

tribal Indian governments. 

(ii) If the Governor or tribal Indian 

governments fail to provide a 

nomination letter and at least three 

complete nomination kits by March 15, 

the obligatory seat will remain vacant 

until all required information has been 

received and processed and the 

Secretary has made the appointment. 

(2) At-large seats. (i) If a Governor 

chooses to submit nominations for an atlarge seat, he/she should submit lists 

that contain at least three qualified 

nominees for each vacant seat. A 

nomination letter and a nomination kit 

for each qualified nominee should be 

forwarded by express mail under a 

single mailing to the address specified 

by the Assistant Administrator by 

March 15. 

(ii) Nomination packages that are not 

substantially complete by March 31 will 

be returned to the nominating Governor 

and will be processed no further. Atlarge members will be appointed from 

among the nominations submitted by 

the governors who complied with the 

nomination requirements. 

* * * * * 

14. Section 600.220 is revised to read 

as follows: 

§ 600.220 Oath of office. 

As trustees of the nation’s fishery 

resources, all voting members must take 

an oath specified by the Secretary as 

follows: ‘‘I, [name of the person taking 

oath], as a duly appointed member of a 

Regional Fishery Management Council 

established under the MagnusonStevens Fishery Conservation and 

Management Act, hereby promise to 

conserve and manage the living marine 

resources of the United States of 

America by carrying out the business of 

the Council for the greatest overall 

benefit of the Nation. I recognize my 

responsibility to serve as a 

knowledgeable and experienced trustee 

of the Nation’s marine fisheries 

resources, being careful to balance 

competing private or regional interests, 

and always aware and protective of the 

public interest in those resources. I 

commit myself to uphold the 

provisions, standards, and requirements 

of the Magnuson-Stevens Fishery 

Conservation and Management Act and 

other applicable law, and shall conduct 

myself at all times according to the rules 

of conduct prescribed by the Secretary 

of Commerce. This oath is given freely 

and without mental reservation or 

purpose of evasion.’’ 

15. In § 600.225 redesignate 

paragraphs (b)(2) through (b)(8) as 

paragraphs (b)(3) through (b)(9) 

respectively; and add a new paragraph 

(b)(2) to read as follows: 

§ 600.225 Rules of conduct. 

* * * * * 

(b) * * * 

(2) Council members, employees, and 

contractors must comply with the 

Federal Cost Principles Applicable to 

Regional Fishery Management Council 

Grants and Cooperative Agreements, 

especially with regard to lobbying, and 

other restrictions with regard to 

lobbying as specified in § 600.227 of this 

part. 

* * * * * 

16. Section 600.227 is added to 

subpart C to read as follows: 

§ 600.227 Lobbying. 

(a) Council members, employees and 

contractors must comply with the 

requirements of 31 U.S.C. 1352 and 

Department of Commerce implementing 

regulations published at 15 CFR 28, 

‘‘New Restrictions on Lobbying.’’ These 

provisions generally prohibit the use of 

Federal funds for lobbying the Executive 

or Legislative Branches of the Federal 

Government in connection with the 

award. Because the Councils receive in 

excess of $100,000 in Federal funding, 

the regulations mandate that the 

Councils must complete Form SF-LLL, 

‘‘Disclosure of Lobbying Activities,’’ 

regarding the use of non Federal funds 

for lobbying. The Form SF-LLL shall be 

submitted within 30 days following the 

end of the calendar quarter in which 

there occurs any event that requires 

disclosure or that materially affects the 

accuracy of the information contained 

in any disclosure form previously filed. 

The recipient must submit the Forms 

SF-LLL, including those received from 

subrecipients, contractors, and 

subcontractors, to the Grants Officer. 

(b) Council members, employees, and 

contractors must comply with the 

Federal Cost Principles Applicable to 

Regional Fishery Management Council 

Grants and Cooperative Agreements 

summarized as follows: 

(1) Title 2 CFR part 230 - Cost 

Principles for Nonprofit Organizations 

(OMB CircularA–122) is applicable to 

the Federal assistance awards issued to 

the Councils. 

(2) The purpose of the cost principles 

at 2 CFR part 230 is to define what costs 

can be paid on Federal awards issued to 

non-profit organizations. The regulation 

establishes both general principles and 

detailed items of costs. 

(3) Under 2 CFR part 230, costs for 

certain lobbying activities are 

unallowable as charges to Federal 

awards. These activities would include 

any attempts to influence: 

(i) The introduction of Federal or state 

legislation; 

(ii) The enactment or modification of 

any pending legislation by preparing, 

distributing, or using publicity or 

propaganda, or by urging members of 

the general public to contribute to or to 

participate in any demonstration, 

march, rally, fundraising drive, lobbying 

campaign, or letter writing or telephone 

campaign. 

(4) Generally, costs associated with 

providing a technical and factual 

presentation directly related to the 

performance of a grant, through hearing 

testimony, statements, or letters to 

Congress or a state legislature are 

allowable if made in response to a 

documented request. 

(5) Costs associated with lobbying to 

influence state legislation in order to 

reduce the cost or to avoid material 

impairment of the organization’s 

authority to perform the grant are also 

allowable. 

17. In § 600.235: 

a. In paragraph (a), add paragraph (3) 

to the definition of ‘‘Affected 

individual’’, remove the definition of 

‘‘Financial interest in harvesting, 

processing, or marketing’’, and add 

definitions for ‘‘Financial Interest 

Form’’ and ‘‘Financial interest in 

harvesting, processing, lobbying, 

advocacy, or marketing’’ in alphabetical 

order. 

b. Revise paragraph (b). 

c. Revise paragraph (c)(2) and add 

paragraph (c)(4). 

d. Revise paragraphs (h) and (i). 

The revisions and additions read as 

follows: 


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§ 600.235 Financial disclosure. 

(a) * * * 

Affected individual * * * 

(3) A member of an SSC shall be 

treated as an affected individual for the 

purposes of paragraphs (b)(1), (b)(5) 

through (b)(7), and (i) of this section. 

* * * * * 

Financial Interest Form means NOAA 

Form 88–195, ‘‘STATEMENT OF 

FINANCIAL INTERESTS For Use By 

Voting Members of, and Nominees to, 

the Regional Fishery Management 

Councils, and Members of the Scientific 

and Statistical Committee (SSC)’’ or 

such other form as the Secretary may 

prescribe. 

Financial interest in harvesting, 

processing, lobbying, advocacy, or 

marketing (1) includes: 

(i) Stock, equity, or other ownership 

interests in, or employment with, any 

company, business, fishing vessel, or 

other entity engaging in any harvesting, 

processing, lobbying, advocacy, or 

marketing activity in any fishery under 

the jurisdiction of the Council 

concerned; 

(ii) Stock, equity, or other ownership 

interests in, or employment with, any 

company or other entity that provides 

equipment or other services essential to 

harvesting, processing, lobbying, 

advocacy, or marketing activities in any 

fishery under the jurisdiction of the 

Council concerned, such as a chandler 

or a dock operation; 

(iii) Employment with, or service as 

an officer, director, or trustee of, an 

association whose members include 

companies, vessels, or other entities 

engaged in any harvesting, processing, 

lobbying, advocacy, or marketing 

activity in any fishery under the 

jurisdiction of the Council concerned; 

and 

(iv) Employment with an entity 

providing consulting, legal, or 

representational services to any entity 

engaging in, or providing equipment or 

services essential to harvesting, 

processing, lobbying, advocacy, or 

marketing activities in any fishery under 

the jurisdiction of the Council 

concerned, or to any association whose 

members include entities engaged in the 

activities described in paragraphs (1)(i) 

and (ii) of this definition; 

(2) Does not include stock, equity, or 

other ownership interests in, or 

employment with, an entity engaging in 

scientific fisheries research in any 

fishery under the jurisdiction of the 

Council concerned, unless it is covered 

under paragraph (1) of this definition. A 

financial interest in such entities is 

covered by 18 U.S.C. 208, the Federal 

conflict-of-interest statute. 

(b) Reporting. (1) The MagnusonStevens Act requires the disclosure by 

each affected individual of any financial 

interest in harvesting, processing, 

lobbying, advocacy, or marketing 

activity, and of any such financial 

interest of the affected individual’s 

spouse, minor child, partner, or any 

organization (other than the Council) in 

which that individual is serving as an 

officer, director, trustee, partner, or 

employee. The information required to 

be reported must be disclosed on the 

Financial Interest Form (as defined in 

paragraph (a) of this section), or such 

other form as the Secretary may 

prescribe. 

(2) The Financial Interest Form must 

be filed by each nominee for Secretarial 

appointment to the Council with the 

Assistant Administrator by April 15 or, 

if nominated after March 15, one month 

after nomination by the Governor. A 

seated voting member appointed by the 

Secretary must file a Financial Interest 

Form with the Executive Director of the 

appropriate Council within 45 days of 

taking office; must file an update of his 

or her statement with the Executive 

Director of the appropriate Council 

within 30 days of the time any such 

financial interest is acquired or 

substantially changed by the affected 

individual or the affected individual’s 

spouse, minor child, partner, or any 

organization (other than the Council) in 

which that individual is serving as an 

officer, director, trustee, partner, or 

employee; and must update his or her 

form annually and file that update with 

the Executive Director of the 

appropriate Council by February 1 of 

each year. 

(3) The Executive Director must, in a 

timely manner, provide copies of and 

updates to the Financial Interest Forms 

of appointed Council members to the 

NMFS Regional Administrator, the 

Regional Attorney who advises the 

Council, the Department of Commerce 

Assistant General Counsel for 

Administration, and the NMFS Office of 

Sustainable Fisheries. These completed 

Financial Interest Forms shall be kept 

on file in the office of the NMFS 

Regional Administrator and at the 

Council offices, and shall be made 

available for public inspection at such 

offices during normal office hours. In 

addition, the forms shall be made 

available at each Council meeting or 

hearing and shall be posted for 

download from the internet on the 

Council’s website. 

(4) Councils must retain the Financial 

Interest Form for a Council member for 

at least 5 years after the expiration of 

that individual’s last term. 

(5) An individual being considered for 

appointment to an SSC must file the 

Financial Interest Form with the 

Regional Administrator for the 

geographic area concerned within 45 

days prior to appointment. A member of 

the SSC must file an update of his or her 

statement with the Regional 

Administrator for the geographic area 

concerned within 30 days of the time 

any such financial interest is acquired 

or substantially changed by the SSC 

member or the SSC member’s spouse, 

minor child, partner, or any 

organization (other than the Council) in 

which that individual is serving as an 

officer, director, trustee, partner, or 

employee; and must update his or her 

form annually and file that update with 

the Regional Administrator by February 

1 of each year. 

(6) An individual who serves as an 

SSC member to more than one Council 

shall file Financial Interest Forms with 

each Regional Administrator for the 

geographic areas concerned. 

(7) The Regional Administrator shall 

maintain on file the Financial Interest 

Forms of all SSC members for at least 

five years after the expiration of that 

individual’s term on the SSC. Such 

Forms are not subject to sections 

302(j)(5)(B) and (C) of the MagnusonStevens Act. 

(c) * * * 

(2) As used in this section, a Council 

decision will be considered to have a 

‘‘significant and predictable effect on a 

financial interest’’ if there is a close 

causal link between the decision and an 

expected and substantially 

disproportionate benefit to the financial 

interest in harvesting, processing, 

lobbying, advocacy, or marketing of any 

affected individual or the affected 

individual’s spouse, minor child, 

partner, or any organization (other than 

the Council) in which that individual is 

serving as an officer, director, trustee, 

partner, or employee, relative to the 

financial interests of other participants 

in the same gear type or sector of the 

fishery. The relative financial interests 

of the affected individual and other 

participants will be determined with 

reference to the most recent fishing year 

for which information is available. 

However, for fisheries in which IFQs are 

assigned, the percentage of IFQs 

assigned to the affected individual will 

be dispositive. 

* * * * * 

(4) A member of an SSC is not subject 

to the restrictions on voting under this 

section. 

* * * * * 

(h) The provisions of 18 U.S.C. 208 

regarding conflicts of interest do not 


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apply to an affected individual who is 

a voting member of a Council appointed 

by the Secretary, as described under 

section 302(j)(1)(A)(ii) of the MagnusonStevens Act, and who is in compliance 

with the requirements of this section for 

filing a financial disclosure report. The 

provisions of 18 U.S.C. 208 do not apply 

to a member of an SSC, unless that 

individual is an officer or employee of 

the United States or is otherwise 

covered by the requirements of 18 

U.S.C. 208. 

(i) It is unlawful for an affected 

individual to knowingly and willfully 

fail to disclose, or to falsely disclose, 

any financial interest as required by this 

section, or to knowingly vote on a 

Council decision in violation of this 

section. In addition to the penalties 

applicable under § 600.735, a violation 

of this provision may result in removal 

of the affected individual from Council 

or SSC membership. 

18. In § 600.240, revise paragraph (a) 

to read as follows: 

§ 600.240 Security assurances. 

(a) DOC Office of Security will issue 

security assurances to Council nominees 

and members following completion of 

acceptable background checks. Security 

assurances will be valid for 5 years from 

the date of issuance. A security 

assurance will not entitle the member to 

access classified data. In instances in 

which Council members may need to 

discuss, at closed meetings, materials 

classified for national security purposes, 

the agency or individual (e.g., 

Department of State, U.S. Coast Guard) 

providing such classified information 

will be responsible for ensuring that 

Council members and other attendees 

have the appropriate security 

clearances. 

* * * * * 

19. Section 600.250 is added to 

subpart C to read as follows: 

§ 600.250 Council member training. 

(a) The Secretary shall provide a 

training course covering a variety of 

topics relevant to matters before the 

Councils and shall make the training 

course available to all Council members 

and staff and staff from NMFS regional 

offices and science centers. To the 

extent resources allow, the Secretary 

will make the training available to 

Council committee and advisory panel 

members. 

(b) Council members appointed after 

January 12, 2007, shall, within one year 

of appointment, complete the training 

course developed by the Secretary. Any 

Council member who completed such a 

training course within 24 months of 

January 12, 2007, is considered to have 

met the training requirement of this 

section. 

[FR Doc. E9–6896 Filed 3–26–09; 8:45 am] 

BILLING CODE 3510–22–S 


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