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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.
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.
Summary
This bill requires the Secretary of Commerce to use a negotiated rulemaking process to prepare conservation and management measures for the northeast multispecies (groundfish) fishery under the Magnuson Fishery Conservation and Management Act. Within 60 days of enactment, the Secretary must establish a negotiated rulemaking committee and publish notice to initiate the process for developing a fishery management plan or amendment and implementing regulations. If the negotiated rulemaking committee reaches consensus on a plan, amendment, and proposed regulations, the Secretary may submit them to the New England Fishery Management Council for consideration under the Magnuson Act. The bill exempts this negotiated rulemaking process from certain standard procedures under the Magnuson Act and Federal rulemaking law.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Sponsor (1)
Actions (5)
- Aug 16, 1994 Referred to the Subcommittee on Fisheries Management. · house
- Aug 16, 1994 Executive Comment Requested from Commerce. · house
- Aug 10, 1994 Referred to the House Committee on Merchant Marine and Fisheries. · house
- Aug 10, 1994 Sponsor introductory remarks on measure. (CR E1700)
- Aug 10, 1994 Introduced in House
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Full text
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.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. REQUIREMENT TO INITIATE PREPARATION OF CONSERVATION AND MANAGEMENT MEASURES FOR NORTHEAST MULTISPECIES FISHERY.
(a) Requirement.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Commerce in accordance with this section shall begin preparing under section 304(c) of the Magnuson Fishery Conservation 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 amendment, which establish conservation and management measures for the northeast multispecies (groundfish) fishery.
(b) Procedures.—
(1) In general.—Except as provided in paragraph (2), in preparing a fishery management plan or amendment and proposed regulations under subsection (a), the Secretary of Commerce shall comply with the procedures for negotiated rulemaking established 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 following 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 Conservation 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 Management Council.—If a negotiated rulemaking committee established pursuant to this section reaches a consensus (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 Conservation Act (16 U.S.C. 1854(c)(2)); and
(2) if the Secretary submits the plan or amendment and proposed regulations under paragraph (1), the plan or amendment and proposed regulations shall be treated under that Act as having been prepared by the Secretary. <all>
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