65 



Proposed ameiuimenis to the Ma^nuson Fisheries Conserx'ation and Management Act 2 



(7) Before the close of the 30th day after the revised receipt date, the Secretary, after 

 taking into account any public comments, shall complete the review and 

 determine whether the regulatory amendment complies with the criteria set forth 

 In paragraph (1) (A). If the Secretary determines that the revised regulatory 

 amendment is not in compliance with such criteria, the Secretary shall 

 Immediately notify the Council of the disapproval. After notifying a council of 

 disapproval, the Secretary shall promptly provide to the Council a written 

 statement of the reasons on which the disapproval was based and advise the 

 Council that it may submit a further revised regulatory amendment for review and 

 determination under this paragraph. If the Secretary does not notify the Council 

 in writing of the disapproval or partial disapproval by the 30th day after the 

 receipt date, a regulatory amendment will take effect and be implemented." 



(3) Amend 16 U.S.C. § 1854(a)(2) to read as follows: 



"(a) (2) In undertaking the review required under paragraph (1) (B), the Secretary shall — 



(A) take into account only 



(i) the data, views and comments received from interested persons that have been 

 made a part of the official record submitted by a council with the fishery 

 management plan or an amendment to the plan under paragraph (1) (A), or a 

 regulatory amendment to a plan under subsection (d); and 



(ii) any written data, views and comments received pursuant to paragraph (1) (B), 

 which must be on the issue of consistency with the national standards 

 contained In Section 301, other provisions of this Act and other applicable 

 law. 



(B) consult with the Secretary of State with respect to foreign fishing; and 



(C) consult with the Secretary of the department in which the Coast Guard is operating 

 with respect to enforcement at sea and to fishery access adjustments referred to in 

 section 1853(a)(6) of this title." 



As used herein, matter in boldface type in a section to be amended is new; new sections are in 

 boldfaced type and enclosed by quote marks. 



