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PROPOSED AMENDMENTS TO THE 



MAGNUSON FISHERY CONSERVATION AND MANAGEMENT ACT 



FOR CONSIDERATION BY THE HOUSE SUBCOMMITTEE ON 



FISHERIES MANAGEMENT 



(1) Amend 16 U.S.C. § 1802 (1993) to incorporate a new definition as follows: 



"(23) The term "regulatory amendment" means any amendment to a regulation submitted by 

 a Council not covered by Section 304(a)" 



Renumbering as appropriate subsequent definitions in this section. 



(2) Add to 16 U.S.C. § 1854 (1993) the following new subsection (d), relettering subsections (d) 

 through (g) as subsections (e) .through (h): 



"(d) ACTION ON REGULATORY AMENDMENTS 



(1) After the secretary receives a regulatory amendment which was prepared by a 

 council, the Secretary shall — 



(A) immediately commence a review of the regulatory amendment to determine 

 whether it is consistent with the fishery management plan, the national 

 standards, the other provisions of this Act, and other applicable law; and 



(B) immediately publish in the Federal Register the Council's proposed 

 regulations for a 30-day public comment period. 



(2) (A) The Secretary shall take action under this section on any regulatory 



amendment which the Council characterizes as being a final regulatory 

 amendment. 

 (B) For purposes of this section, "receipt date" means the 5th day after the day on 

 which a Council transmits to the Secretary a regulatory amendment it 

 characterizes as a final regulatory amendment. 



(3) If the Secretary does not notify the Council in writing of disapproval or partial 

 disapproval by the 60th day after the receipt date, a regulatory amendment will 

 take effect and be implemented. 



(4) If, after review, the Secretary determines the regulatory amendment is not consistent 

 with the criteria set forth in paragraph (1) (A), the Secretary shall notify the 

 Council in writing of the disapproval or partial disapproval of the regulatory 

 amendment. Such notice shall specify — 



(A) the applicable law or provision of the fishery management plan with which 

 the regulatory amendment is inconsistent; 



(B) the nature of such inconsistencies; and 



(C) recommendations concerning the actions that could be taken by the Council 

 to conform such regulatory amendment to the requirements of applicable law 

 and the fishery management plan. Such recommendations shall be 

 accompanied by the rationale and the appropriate analysis of impacts. 



(5) If the Secretary disapproves or partially disapproves a regulatory amendment, the 

 Council may submit a revised regulatory amendment to the Secretary. 



(6) After the Secretary receives a revised regulatory amendment, the Secretary shall 

 immediately — 



(A) commence a review of the regulatory amendment to determine if it complies 

 with the criteria set forth in paragraph (1) (A); and 



(B) publish the revised regulation in the Federal Register for a 15-day public 

 comment period. 



