Updating Council Operations Regulations and Procedures William D. Chappell Chief, Regulatory Services Division

2 Updating Council Operations Regulations and Procedures I.Updating of 50 CFR 600 II.Establish Procedures for SOPP Amendment Approvals

3 Updating 50 CFR 600 Need to Update Regulations New requirements – MSA, FLSA, FMLA, ADA, etc. Reference changes – e.g., OMB circulars now in regulations. Adopt by reference 3rd party requirements or regulations. Updating of DOC, NOAA, & NMFS Orders/Instructions.

4 Updating 50 CFR CFR 600 Proposed rule published at 74 FR 13386, Mar. 27, 2009 Comment period ends July 6 (to be extended to end of July), 2009 Proposed changes cover 50 CFR Part 600: —Subpart A – General, definitions —Subpart B – Councils – Operations and Management —Subpart C – Councils – Membership

5 Updating 50 CFR 600 Subpart A—General Add definitions for Advisory Panel and Fishing Industry Advisory Committee (FIAC) Revise the definitions (add PIR) for Region, Regional Director, and Science and Research Director Add acronyms for Council Coordinating Committee (CCC) and FIAC

6 Updating 50 CFR 600 Subpart B—Regional Fishery Management Councils Correct the boundary between the Mid-Atlantic and South Atlantic Councils (VA-NC line) Require SOPPs be available on the Internet Add section on CCC and statutory requirement for it.

7 Updating 50 CFR 600 Subpart B—Regional Fishery Management Councils (continued) Update references to OMB budgeting, funding and accounting guidance Add a requirement to establish an SSC (Language comes from the MSA, paragraphs on stipends and peer review process are reserved)

8 Updating 50 CFR 600 Subpart B—Regional Fishery Management Councils (continued) Meeting procedures are updated to reflect the changed requirements of the MSA (deletes requirement to publish in newspapers but notes web site notice not sufficient) and add the CCC as required to follow them Adds section on submitting proposed regulations to the Secretary to ensure they are necessary or appropriate

9 Updating 50 CFR 600 Subpart C—Council Membership Provides for an alternative to the tribal Indian representative to the PFMC, as allowed in revised MSA. Clarifies that a member completing 3 terms on a Council needs to sit out only one year before being able to be reappointed.

10 Updating 50 CFR 600 Subpart C—Council Membership (continued) Adds requirements for governors to provide 4 nominees (commercial, recreational, recreational charter, and other) for each position on the GMFMC until 2012 as required by the revised MSA. Revises nomination deadlines to require names but not complete nomination packages from the governors by March 15 of each year with complete packages required by March 31.

11 Updating 50 CFR 600 Subpart C—Council Membership (continued) Reinstates the Oath of Office to the regulations Adds a prohibition on lobbying as a specific rule of conduct for Council members

12 Updating 50 CFR 600 Subpart C—Council Membership (continued) Adds SSC members as “affected individuals” for certain requirements of financial disclosure. They report to the Secretary vice the Councils and there is no statutory requirement for their disclosures to be public. Participation in lobbying and advocacy are added as reasons to declare financial interest in an organization

13 Updating 50 CFR 600 Subpart C—Council Membership (continued) The section on security assurances is clarified to require an acceptable background check before a nominee can be appointed to a Council. A section requiring Council member training is added. The language is the same as the revised MSA

14 SOPP Amendment Procedures Need to Update SOPPs and Approval Process Need a clear process within NOAA to overcome tracking/response problems Since removal of specific guidance from the regulations, Council SOPPs have “drifted” in their organization and content, needing details to ensure they meet all the requirements of law, regulation, and budgetary and financial guidance.

15 SOPP Amendment Procedures SOPPs Review and Approval Process Review and approval modeled on RSP process Council, RO, and Regional NOAA GC work w/DOC-OGC (FALD) to get concurrence w/proposed changes Councils submit SOPP to RO/Regional GC for clearance. RO submits SOPP to HQ for SF, GCF, and final DOC- OGC review. AA approves SOPP.

16 SOPP Amendment Procedures Model SOPP SF, GCF, FALD have developed a model SOPP Model based on original guidance, very similar to NPFMC Language in Model is pre-approved by GCF and FALD While format need not be followed exactly, requirements identified in model must be in Council SOPP for it to be approvable Model to be updated w/final rule and provided to assist in updating Council SOPPs

17 Updating Council Operations Regulations and Procedures Bill Chappell, F/SF5 ph: , x169 Dan Morris, F/SF ph: ph: Stacey Nathanson, GCF ph: Jeff Joyner, DOC/OGC-FALD ph: