Page:United States Statutes at Large Volume 96 Part 2.djvu/1125

 PUBLIC LAW 97-453—JAN. 12, 1983

96 STAT. 2487

a plan or amendment to a plan shall be submitted to the Secretary simultaneously with the plan or amendment for action by the Secretary under sections 304 and 305,"; and (3) Such section is amended by adding at the end thereof the following new subsection: "(e) DATA CIOLLECTION PROGRAMS.—If a Council determines that additional information and data (other than information and data that would disclose proprietary or confidential commercial or financial information regarding fishing operations or fish processing operations) would be beneficial for the purposes of— "(1) determining whether a fishery management plan is needed for a fishery; or "(2) preparing a fishery management plan; the Council may request that the Secretary implement a data collection program for the fishery which would provide the types of information and data (other than information and data that would disclose proprietary or confidential commercial or financial information regarding fishing operations or fish processing operations) specified by the Council. The Secretary shall approve such a data collection program if he determines that the need is justified, and shall promulgate regulations to implement the program within 60 days after such determination is made. If the Secretary determines that the need for a data collection program is not justified, he shall inform the Council of the resisons for such determination in writing. The determinations of the Secretary under this subsection regarding a Council request shall be made within a reasonable period of time after he receives that request.".

Infra; post, p. 2490.

Regulations.

SEC. 7. ACTION BY SECRETARY.

(a) Section 304 (16 U.S.C. 1854) is amended as follows: (1) Subsections (a) and (b) are amended to read as follows: "(a) ACTION BY THE SECRETARY AFTER RECEIPT OF PLAN.—(1) After the Secretary receives a fishery management plan, or amendment to a plan, which was prepared by a Council (the date of receipt of which is hereafter in this section referred to as the 'receipt date'), the Secretary shall— "(A) immediately commence a review of the management plan or amendment to determine whether it is consistent with the national standards, the other provisions of this Act, and any other applicable law; "(B) immediately publish in the Federal Register a notice stating that the plan or amendment is available and that written data, views, or comments of interested persons on the plan or amendment may be submitted to the Secretary during the 75-day period beginning on the receipt date; and "(C) by the 30th day after the receipt date— "(i) make such changes in the proposed regulations submitted for the plan or amendment under section 303(c) as may be necessary for the implementation of the plan, and changes made thereto under clause (i), in the Federal Register together with an explanation of those changes which are substantive. "(2) In undertaking the review required under paragraph (1)(A), the Secretary shall— "(A) take into account the data, views, and comments received from interested persons;
 * (ii) publish such proposed regulations, including any

Review.

Publication in Federal Roister.

Ante, p. 2486. Publication in Federal Register.

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