I

103D CONGRESS

2D SESSION H. R. 4932

To amend the Magnuson Fishery Conservation and Management Act to require the Secretary of Commerce to prepare conservation and management measures for the northeast multispecies (groundfish) fishery under

negotiated rulemaking procedures.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 10, 1994

Ms. SNOWE introduced the following bill; which was referred to the Committee

on Merchant Marine and Fisheries

A BILL

To amend the Magnuson Fishery Conservation and Management Act to require the Secretary of Commerce to prepare conservation and management measures for the

northeast multispecies (groundfish) fishery under negotiated rulemaking procedures.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. REQUIREMENT TO INITIATE PREPARATION OF

2 CONSERVATION AND MANAGEMENT MEAS3 URES FOR NORTHEAST MULTISPECIES FISH4 ERY.

5 (a) REQUIREMENT.—Not later than 60 days after the

6 date of the enactment of this Act, the Secretary of Com7 merce in accordance with this section shall begin prepar8 ing under section 304(c) of the Magnuson Fishery Con9 servation and Management Act (16 U.S.C. 1854(c)) a

10 fishery management plan or an amendment to an existing

11 fishery management plan in effect under that Act, and

12 proposed regulations to implement the plan or amend13 ment, which establish conservation and management

14 measures for the northeast multispecies (groundfish) fish15 ery.

16 (b) PROCEDURES.—

17 (1) IN GENERAL.—Except as provided in para18 graph (2), in preparing a fishery management plan

19 or amendment and proposed regulations under sub20 section (a), the Secretary of Commerce shall comply

21 with the procedures for negotiated rulemaking estab22 lished by subchapter III of chapter 5 of title 5,

23 United States Code, including by—

24 (A) establishing a negotiated rulemaking

25 committee in accordance with that subchapter
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1 before the end of the 60-day period beginning

2 on the date of the enactment of this Act; and

3 (B) publishing a notice in accordance with

4 section 564(a) of that subchapter before the

5 end of that period.

6 (2) PROVISIONS NOT APPLICABLE.—The follow7 ing provisions shall not apply to the preparation

8 under this section of a fishery management plan, an

9 amendment to an existing fishery management plan,

10 or proposed regulations:

11 (A) Subparagraphs (A) and (B) of section

12 304(c)(1) of the Magnuson Fishery Conserva13 tion Act (16 U.S.C. 1854(c)(1)(A) and (B)).

14 (B) The second sentence of section 563(a)

15 of title 5, United States Code.

16 (C) Section 565(a)(2) of title 5, United

17 States Code.

18 (c) SUBMISSION TO NEW ENGLAND FISHERY MAN19 AGEMENT COUNCIL.—If a negotiated rulemaking commit20 tee established pursuant to this section reaches a consen21 sus (as that term is defined in section 562(2) of title 5,

22 United States Code) on a fishery management plan or

23 amendment and proposed regulations prepared under this

24 section—
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1 (1) the Secretary of Commerce may submit the

2 plan or amendment and proposed regulations to the

3 New England Fishery Management Council under

4 section 304(c)(2) of the Magnuson Fishery Con5 servation Act (16 U.S.C. 1854(c)(2)); and

6 (2) if the Secretary submits the plan or amend7 ment and proposed regulations under paragraph (1),

8 the plan or amendment and proposed regulations

9 shall be treated under that Act as having been pre10 pared by the Secretary.

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