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Federal Regjater / 'Vol. J59.'Np, 48 /TOdayrMmdiJii. 1994 / Rules and RegulaUons 



11559 



^ormatioii conoeniiiig-the schedule 

 ^d timing of the review process for an 

 FMPjjt amendment is available in the 

 •Operational Guidelines— FWtfry 

 Management Plan Proce8^||i addition, 

 a detailed schedule of evM^ttd dates 

 is available foi final SeS^Mreview 

 of a specific plan or anMNbtari. Both 

 documents are availditeto the public 

 upon request from NMFS (see 

 ADDRESSES). A summary of key target 

 dates relative to the date of receipt from 

 the Council follows. The dates noted are 

 target dates only and are subject to 

 change, except those dates specified in 

 the Magnuson Act (so noted by an 

 asterisk). 



Date and Event 



Pay 0* — Receipt date of FMP or 



amendment from Council. 

 Day 1* — Begin Secretarial review and 

 60-day public comment on the FMP 

 or amendment. 

 Day 9 — Assistant Administrator for 



Fisheries (AA). NOAA . clears 



proposed rule for continued review 



and publication in the Federal 



Register. 

 Day 15* — Secretary makes such changes 



as may be necessary and publishes 



rule with any changes, together with 



an explanation of changes which are 



substantive. 

 Day 60* — Pubhc comment period ends 



on FMP or FMP amendment and 



proposed nile. 

 Day 73 — Regional Director transmits 



final rule package to NMFS 



headquarters. 

 Day 95*— FMP or FMP Amendment is 



formally approved, disapproved, or 



partially disapproved, and Council is 



notified of decision. 

 Day 110*— Final regulations pubhshed 



in the Federal Register. 

 Day 140 — End of Administrative 



Procedure Act 30-day delayed 



effectiveness period. Final regulations 



become effective. 



The suggestion that all final rules 

 disclose_who reviewed the rule or 

 amendment, what was reviewed, and 

 the identity of the person who 

 determined that the rule complied with 

 the national standards is also rejected. It 

 is impractical and of no benefit to 

 identify all those who reviewed the rule 

 or amendment, and to identify what was 

 reviewed. Except for the actual 

 decisionmakers, all reviews are 

 considered advisory. 



Classification 



The AA has determined that this 

 action is necessary for the efficient 

 administration and responsible 

 operation of Councils and is consistent 



with the Magnuson Act and other 

 applicable law. 



This interim final rule contains a 

 modification to a coUection-of-. ■ 

 information requirement previously 

 approved by the Office of Management 

 and Budget (OMB) under OMB No. 

 064»-0192. Several new-requirements 

 are added to NOAA Form 88-195. part 

 n, under the section titled "Financial 

 Interests." Each voting member and 

 Executive Director of a Cotmcil and new 

 nominees for Secretarial appointment to 

 a Council are required to provide 

 .^information concerning: (1) Fisheries 

 participated in under Council 

 jurisdiction, (2) the product types 

 produced, and (3) gear types utilized. 

 Council membere are required to update 

 the form by February 1 of each year, in 

 addition to updating the form when a 

 financial interest is acquired or 

 substantially changed, as is now 

 required. Part I, which is routinely 

 completed by NMFS, is removed from 

 the form. A request for clearance of this 

 change has received OMB approval. 

 Public reporting burden for this 

 collection of information is expected to 

 increase by 5 minirtes per respondent to 

 an average 35 minutes per response, 

 including the time for reviewing 

 instructions, searching existing data 

 sources, gathering and maintaining the 

 dau needed, and completing and 

 reviewing the collection of information. 

 Please send comments concerning the 

 burden estimate or any other aspect of 

 this collection of information, including 

 suggestions for reducing this burden to 

 OMB (see ADDRESSES). 



Pursuant to section 553(b)(B) of the 

 Administrative Procedure Act, the AA 

 finds that prior notice and comment is 

 contrary to the public interest, because 

 this rule institutes procedural changes 

 that provide increased information to 

 the public regarding possible financial 

 conflicts of interest of individuals 

 involved in establishing fishery 

 conservation and management 

 measures. In addition, public comment 

 was solicited on the petition for 

 rulemaking, and the additional data 

 requirements contained in the financial 

 disclosure form were sent to the 

 regional fishery management Councils 

 for review. This rule is not subject to 

 review under E.0. 12866. 



List of Subjects in SO CFR Part 601 



Administrative practice and 

 procedure. Fisheries, Fishing. 



DatwLMncha,1994. 

 Nancj Foliar. 



Deputy Assistant Administrator for Fisherin. 

 National Marina Fisheries Service. 



For the reasons set out in the 

 preamble, 50 CFR part 601 is amended 

 as follows: 



PART 601— flEGIONAL FISHERY 

 MANAGEMENT COUNCILS 



1. The authority citation for part 601 

 continues to read as follows: 



AnthorllT: 16 U.S.C 1801 e( seq. 



2. In section 601.37, paragraph (a) is 

 revised to read as follows: 



$601.37 Financial disclosure. 



(a) The Magnuson Act requires the 

 disclosure by each Council nominee, 

 voting member appointed to the Council 

 by the Secretary, and Executive 

 Director, of any financial interest of the 

 reporting individual In any harvesting, 

 processing, or marketing activity that is 

 being, or will be, undertaken withir) any 

 fishery under the authority of the 

 individual's Council, and of any such 

 financial interest of the reporting 

 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 irjformatioii 

 required to be reported must be 

 disclosed on NOAA Form 88-195, 

 "Statement of Financial Interests for Use 

 by Voting Members, Nominees, and 

 Executive Directors of Regional Fishery 

 Management Councils" (Financial 

 Interest Form), or such other form as the 

 Secretary, or designee, may prescribe. 

 The report must be filed by each 

 nominee for Secretarial appointment 

 before the date of appointment as 

 prescribed by the Secretary. Voting 

 members appointed by the Secretary, 

 and Executive Directors, must file an 

 update of the report with the Executive 

 Director of the appropriate Council, 

 with a copy sent to the NMFS Regional 

 Director for the geographic area 

 concerned, on or before February 1 of 

 each calendar year. Individuals must 

 also update the form at any time a 

 reportable financial interest is acquired 

 or the financial interests are otherwise 

 substantially changed. The Financial 

 Interest Forms will be kept on file, and 

 made available for public inspection at 

 reasonable hours at the Council offices. 

 In addition, the forms virill be available 

 for inspection at each Council meeting 

 and their availabiUty will be so noted on 

 the Council meeting agenda. 



|FR Doc 94-5844 Filed 3-10-94: 8:45 ami 

 aiUMO CODE i>i»4>-r 



