Page:United States Statutes at Large Volume 110 Part 5.djvu/508

 110 STAT. 3582 PUBLIC LAW 104-297—OCT. 11, 1996 Federal Register, publication. Notification. Federal Register, publication. "(1) Upon transmittal by the Council to the Secretary of proposed regulations prepared under section 303(c), the Secretary shall immediately initiate an evaluation of the proposed regulations to determine whether they are consistent with the fishery management plan, plan amendment, this Act and other applicable law. Within 15 days of initiating such evaluation the Secretary shall make a determination and— "(A) if that determination is affirmative, the Secretary shall publish such regulations in the Federal Register, with such technical changes as may be necessary for clarity and an explanation of those changes, for a public comment period of 15 to 60 days; or "(B) if that determination is negative, the Secretary shall notify the Council in writing of the inconsistencies and provide recommendations on revisions that would make the proposed regulations consistent with the fishery management plan, plan amendment, this Act, and other applicable law. "(2) Upon receiving a notification under paragraph (1)(B), the Council may revise the proposed regulations and submit them to the Secretary for reevaluation under paragraph (1). "(3) The Secretary shall promulgate final regulations within 30 days after the end of the comment period under paragraph (1)(A). The Secretary shall consult with the Council before making any revisions to the proposed regulations, and must publish in the Federal Register an explanation of any dif- ferences between the proposed and final regulations.", (b) PREPARATION BY THE SECRETARY. — Section 304(c) (16 U.S.C. 1854(c)) is amended— (1) by striking the subsection heading and inserting "PREPARATION AND REVIEW OF SECRETARIAL PLANS"; (2) by striking "or" at the end of paragraph (1)(A); (3) by striking all that follows "further revised plan" in paragraph (1) and inserting "or amendment; or"; (4) by inserting after subparagraph (1)(B), as amended, the following new subparagraph: "(C) the Secretary is given authority to prepare such plan or amendment under this section."; (5) by striking paragraph (2) and inserting: "(2) In preparing any plan or amendment under this subsection, the Secretary shall— "(A) conduct public hearings, at appropriate times and locations in the geographical areas concerned, so as to allow interested persons an opportunity to be heard in the preparation and amendment of the plan and any regulations implementing the plan; and "(B) consult with the Secretary of State with respect to foreign fishing and with the Secretary of the department in which the Coast Guard is operating with respect to enforcement at sea."; (6) by inserting "for a fishery under the authority of a Council" after "paragraph (1)" in paragraph (3); (7) by striking "system described in section 303(b)(6)" in paragraph (3) and inserting "system, including any individusil fishing quota program"; and (8) by inserting after paragraph (3) the following new paragraphs:

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