Page:United States Statutes at Large Volume 110 Part 5.djvu/509

 PUBLIC LAW 104-297—OCT. 11, 1996 110 STAT. 3583 Federal Register, publication. "(4) Whenever the Secretary prepares a fishery management plan or plan amendment under this section, the Secretary shall immediately— "(A) for a plan or amendment for a fishery under the authority of a Council, submit such plan or amendment to the appropriate Council for consideration and comment; and "(B) publish in the Federal Register a notice stating that the plan or amendment is available 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. "(5) Whenever a plan or amendment is submitted under paragraph (4)(A), the appropriate Council must submit its comments and recommendations, if any, regarding the plan or gmiendment to the Secretary before the close of the 60-day period referred to in paragraph (4)(B). After the close of such 60-day period, the Secretary, after taking into account any such comments and recommendations, as well as any views, information, or comments submitted vmder paragraph (4)(B), may adopt such plan or amendment. "(6) The Secretary may propose regulations in the Federal Register to implement any plan or amendment prepared by the Secretary. In the case of a plan or amendment to which paragraph (4)(A) applies, such regulations shall be submitted to the Council with such plan or amendment. The comment period on proposed regulations shall be 60 days, except that the Secretary may shorten the comment period on minor revisions to existing regulations. "(7) The Secretary shall promulgate final regulations within Regulations. 30 days after the end of the comment period under paragraph (6). The Secretary must publish in the Federal Register an explanation of any substantive differences between the proposed and final rules. All final regulations must be consistent with the fishery management plan, with the national standards and other provisions of this Act, and with any other applicable law.". (c) INDIVIDUAL FISHING QUOTA AND COMMUNITY DEVELOPMENT QUOTA FEES. —Section 304(d) (16 U.S.C. 1854(d)) is amended— (1) by inserting "(1)" immediately before the first sentence; and (2) by inserting at the end the following: "(2)(A) Notwithstanding psiragraph (1), the Secretary is authorized and shall collect a fee to recover the actual costs directly related to the management and enforcement of any— "(i) individual fishing quota program; and "(ii) community development quota program that allocates a percentage of the total allowable catch of a fishery to such program. "(B) Such fee shall not exceed 3 percent of the ex-vessel value of fish harvested under any such program, and shall be collected at either the time of the landing, filing of a landing report, or sale of such fish during a fishing season or in the last quarter of the calendar year in which the fish is harvested. "(C)(i) Fees collected under this paragraph shall be in addition to any other fees charged under this Act and shall be Federal Register, publication.

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