Page:United States Statutes at Large Volume 110 Part 5.djvu/515

 PUBLIC LAW 104-297—OCT. 11, 1996 110 STAT. 3589 to be authorized, funded, or undertaken, by such agency that may adversely affect any essential fish habitat identified under this Act. "(3) Each Council— "(A) may comment on and make recommendations to the Secretary and any Federal or State agency concerning any activity authorized, funded, or undertaken, or proposed to be authorized, funded, or undertaken, by any Federal or State agency that, in the view of the Council, may affect the habitat, including essential fish habitat, of a fishery resource under its authority; and "(B) shall comment on and make recommendations to the Secretary and any Federal or State agency concerning any such activity that, in the view of the Council, is likely to substantially affect the habitat, including essential fish habitat, of an anadromous fishery resource under its authority. "(4)(A) If the Secretary receives information from a Council or Federal or State agency or determines from other sources that an action authorized, funded, or undertaken, or proposed to be authorized, funded, or undertaken, by any State or Federed agency would adversely affect any essential fish habitat identified under this Act, the Secretary shall recommend to such agency measures that can be taken by such agency to conserve such habitat. "(B) Within 30 days after receiving a recommendation under subparagraph (A), a Federal agency shall provide a detailed response in writing to any Council commenting under paragraph (3) and the Secretary regarding the matter. The response shall include a description of measures proposed by the agency for avoiding, mitigating, or offsetting the impact of the activity on such habitat. In the case of a response that is inconsistent with the recommendations of the Secretary, the Federal agency shall explain its reasons for not following the recommendations.". (b) Section 305(c) (16 U.S.C. 1855(c)) is amended— (1) in the heading by striking "ACTIONS" and inserting "ACTIONS AND INTERIM MEASURES"; (2) in paragraphs (1) and (2)— (A) by striking "involving" and inserting "or that interim measures are needed to reduce overfishing for"; and (B) by inserting "or interim measures" after "emergency regulations"; and (C) by inserting "or overfishing" after "emergency"; and (3) in paragraph (3)— (A) by inserting "or interim measure" after "emergency regulation" each place such term appears; (B) by striking subparagraph (B); (C) by redesignating subparagraph (C) as subparagraph (D); and (D) by inserting after subparagraph (A) the following: "(B) shall, except as provided in subparagraph (C), remain in effect for not more than 180 days after the date of publication, and may be extended by pjublication in the Federal Register for one additional period of not more than 180 days, provided the public has had an opportunity to comment on the emergency regulation or interim measure, and, in the case of a Council recommendation

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