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great uncertainly, not only of what the decision will be, but when die action will occur. 



This issue is echoed in the preamble to the Oregon Legislative memorial which states that: 

 "Whereas the tardiness and Hated duration of the Department's decision, together with its failure 

 to adequately explain its reasons for that decision, has deprived Oregon fishing industry members 

 of legitimate, investment-backed expectations based on the Pacific Fishery Management Council's 

 Stated goals and recommendations, has left in its wake substantial uncertainty concerning the long- 

 term direction and stability of coastal fishery resources and has jeopardized public and industry 

 confidence in the regional Fishery Management Council process set forth in the Magnuson Act" 



This memorial suggested the following amendments to improve the timeliness and efficiency of 

 both federal review and federal decisions, (in this and subsequent sections, matter in boldface type 

 in a section to be amended is new, new sections are in boldfaced type and enclosed by quotation 

 marks): 



(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)" Subsequent definitions in this section would 

 need to be renumbered as appropriate. 



(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 k 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. 



2. Consistent involvement bv Councils in the whole decision process as well as an 

 explanation for the final action. 



Federal oversight action that takes place largely out-of-sight of Council participants provides a 

 fertile ground for inside-the-beltway influence peddling, real or imagined. After the open and 



