Page:United States Statutes at Large Volume 110 Part 5.djvu/507

 PUBLIC LAW 104-297—OCT. 11, 1996 110 STAT. 3581 16 USC 1853 note. (i) EXISTING QUOTA PLANS. —Nothing in this Act or the amendments made by this Act shall be construed to require a reallocation of individual fishing quotas under any individual fishing quota program approved by the Secretary before January 4, 1995. SEC. 109. ACTION BY THE SECRETARY. (a) SECRETARIAL REVIEW OF PLANS AND REGULATIONS.— Section 304 (16 U.S.C. 1854) is amended by striking subsections (a) and (b) and inserting the following: "(a) REVIEW OF PLANS. — "(1) Upon transmittal by the Council to the Secretary of a fishery management plan or plan amendment, the Secretary shall— "(A) immediately commence a review of the plan or amendment to determine whether it is consistent with the national standards, the other provisions of this Act, and any other applicable law; and "(B) immediately publish in the Federal Register a Federal Register, notice stating that the plan or amendment is available publication. and that written information, views, or comments of interested persons on the plan or amendment may be submitted to the Secretary during the 60-day period beginning on the date the notice is published. "(2) In undertaking the review required under paragraph (1), the Secretary shall— "(A) take into account the information, views, and comments received from interested persons; "(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 303(a)(6). "(3) The Secretary shall approve, disapprove, or partially Notice. approve a plan or amendment within 30 days of the end of the comment period under paragraph (1) by written notice to the Council. A notice of disapproval or partial approval shall specify— "(A) the applicable law with which the plan or amendment is inconsistent; "(B) the nature of such inconsistencies; and "(C) recommendations concerning the actions that could be taken by the Covmcil to conform such plan or amendment to the requirements of applicable law. If the Secretary does not notify a Council within 30 days of the end of the comment period of the approval, disapproval, or partial approval of a plan or amendment, then such plan or amendment shall take effect as if approved. "(4) If the Secretary disapproves or partially approves a plan or amendment, the Council may submit a revised plan or amendment to the Secretary for review under this subsection. "(5) For purposes of this subsection and subsection (b), the term 'immediately* means on or before the 5th day after the day on which a Council transmits to the Secretary a fishery management plan, plan amendment, or proposed regulation that the Council characterizes as final. " (b) REVIEW OF REGULATIONS.—

�