Page:United States Statutes at Large Volume 90 Part 1.djvu/403

 PUBLIC LAW 9 4 - 2 6 5 — A P R. 13, 1976

90 STAT. 3 5 3

it is consistent with the national standards, the other provisions of this Act, and any other applicable law. I n carrying out such review, the Secretary shall consult with— (1) the Secretary of State with respect to foreign fishing; and (2) the Secretary of the department in which the Coast G u a r d is operating with respect to enforcement a t sea. (c) PREPARATION BY THE SECRETARY.—(1) The Secretary may p r e -

p a r e a fishery management plan, with respect to any fishery, o r any amendment to any such plan, in accordance with the national standards, the other provisions of this Act, and any other applicable law, if— (A) the a p p r o p r i a t e Council fails to develop and submit to the Secretary, after a reasonable period of time, a fishery management plan for such fishery, or any necessary amendment to such a plan, if such fishery requires conservation and management; or (B) the Secretary disapproves or partially disapproves any such plan or amendment, and the Council involved fails to change such plan or amendment in accordance with the notification made under subsection (a)(2). I n p r e p a r i n g any such plan or amendment, the Secretary shall consult with the Secretary of State with respect to foreign fishing and with the Secretary of the department in which the Coast G u a r d is operating with respect to enforcement at sea. (2) Whenever, pursuant to paragraph (1), the Secretary prepares a fishery management plan or amendment, the Secretary shall promptly transmit such plan or amendment to the appropriate Council for consideration and comment. W i t h i n 45 days after the date of receipt of such plan or amendment, the a p p r o p r i a t e Council may recommend, to the Secretary, changes in such plan or amendment, consistent with the national standards, the other provisions of this Act, and any other applicable law. After the expiration of such 45-day period, the Secretary may implement such plan or amendment pursuant to section 305. (3) Notwithstanding paragraph (1), the Secretary may not include in any fishery management plan, or any amendment to any such plan, prepared by him, a provision establishing a limited access system described in section 303(b)(6), unless such system is first approved by a majority of the voting members, present and voting, of each appropriate Council. (d) ESTABLISHMENT OF F E E S. — The Secretary shall by regulation Regulations, establish the level of any fees which are authorized to be charged pursuant to section 303(b)(1). Such level shall not exceed the administrative costs incurred by the Secretary in issuing such permits. (e) FISHERIES RESEARCH.—The Secretary shall initiate and maintain a comprehensive program of fishery research to carry out and further the purposes, policy, and provisions of t h i s Act. Such, program shall be designed to acquire knowledge and information, including statistics, on fishery conservation and management, including, but not limited to, biological research concerning the interdependence of fisheries or stocks of fish, the impact of pollution on fish, the impact of wetland and estuarine degradation, and other matters bearing upon the abundance and availability of fish. (f)

MISCELLANEOUS D U T I E S. — (1)

I f any

fishery

extends beyond

the geographical area of authority of any one Council, the Secretary may— (A) designate which Council shall prepare the fishery management plan for such fishery and any amendment to such p l a n; or

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