50 C.F.R. § 600.110

Intercouncil fisheries

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If any fishery extends beyond the geographical area of authority of any one Council, the Secretary may—

(a) Designate a single Council to prepare the FMP for such fishery and any amendments to such FMP, in consultation with the other Councils concerned; or

(b) Require that the FMP and any amendments be prepared jointly by all the Councils concerned.

(1) A jointly prepared FMP or amendment must be adopted by a majority of the voting members, present and voting, of each participating Council. Different conservation and management measures may be developed for specific geographic areas, but the FMP should address the entire geographic range of the stock(s).

(2) In the case of joint FMP or amendment preparation, one Council will be designated as the “administrative lead.” The “administrative lead” Council is responsible for the preparation of the FMP or any amendments and other required documents for submission to the Secretary.

(3) None of the Councils involved in joint preparation may withdraw without Secretarial approval. If Councils cannot agree on approach or management measures within a reasonable period of time, the Secretary may designate a single Council to prepare the FMP or may issue the FMP under Secretarial authority.

Notes of Decisions

Cited in 1 case, 2010–2010 · leading case: Gen. Category Scallop Fishermen v. Sec'y of United States Dep't of Com., 720 F. Supp. 2d 564 (D.N.J. 2010).

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Gen. Category Scallop Fishermen v. Sec'y of United States Dep't of Com., 720 F. Supp. 2d 564 (D.N.J. 2010). “) 2 See also 50 C.F.R. § 600.110 (a); 69 Fed. Reg. 35194 (June 23, 2004).”

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