I
103D CONGRESS
2D SESSION
H. R. 4932
To amend the Magnuson Fishery Conservation and Management Act to re-
quire the Secretary of Commerce to prepare conservation and manage-
ment 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 Manage-
ment Act to require the Secretary of Commerce to pre-
pare conservation and management measures for the
northeast multispecies (groundfish) fishery under nego-
tiated rulemaking procedures.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. REQUIREMENT TO INITIATE PREPARATION OF
CONSERVATION AND MANAGEMENT MEAS-
URES FOR NORTHEAST MULTISPECIES FISH-
ERY.
(a) REQUIREMENT.—Not later than 60 days after the
date of the enactment of this Act, the Secretary of Com-
merce in accordance with this section shall begin prepar-
ing under section 304(c) of the Magnuson Fishery Con-
servation and Management Act (16 U.S.C. 1854(c)) a
fishery management plan or an amendment to an existing
fishery management plan in effect under that Act, and
proposed regulations to implement the plan or amend-
ment, which establish conservation and management
measures for the northeast multispecies (groundfish) fish-
ery.
(b) PROCEDURES.—
(1) IN GENERAL.—Except as provided in para-
graph (2), in preparing a fishery management plan
or amendment and proposed regulations under sub-
section (a), the Secretary of Commerce shall comply
with the procedures for negotiated rulemaking estab-
lished by subchapter III of chapter 5 of title 5,
United States Code, including by—
(A) establishing a negotiated rulemaking
committee in accordance with that subchapter
before the end of the 60-day period beginning
on the date of the enactment of this Act; and
(B) publishing a notice in accordance with
section 564(a) of that subchapter before the
end of that period.
(2) PROVISIONS NOT APPLICABLE.—The follow-
ing provisions shall not apply to the preparation
under this section of a fishery management plan, an
amendment to an existing fishery management plan,
or proposed regulations:
(A) Subparagraphs (A) and (B) of section
304(c)(1) of the Magnuson Fishery Conserva-
tion Act (16 U.S.C. 1854(c)(1)(A) and (B)).
(B) The second sentence of section 563(a)
of title 5, United States Code.
(C) Section 565(a)(2) of title 5, United
States Code.
(c) SUBMISSION TO NEW ENGLAND FISHERY MAN-
AGEMENT COUNCIL.—If a negotiated rulemaking commit-
tee established pursuant to this section reaches a consen-
sus (as that term is defined in section 562(2) of title 5,
United States Code) on a fishery management plan or
amendment and proposed regulations prepared under this
section—
(1) the Secretary of Commerce may submit the
plan or amendment and proposed regulations to the
New England Fishery Management Council under
section 304(c)(2) of the Magnuson Fishery Con-
servation Act (16 U.S.C. 1854(c)(2)); and
(2) if the Secretary submits the plan or amend-
ment and proposed regulations under paragraph (1),
the plan or amendment and proposed regulations
shall be treated under that Act as having been pre-
pared by the Secretary.
Æ