Page:United States Statutes at Large Volume 96 Part 2.djvu/1126

 96 STAT. 2488

Plan implementation. J*ost, p. 2490.

Notification of disapproval.

Revised plan.

Publications in Federal Register.

Notification of disapproval.

PUBLIC LAW 97-453—JAN. 12, 1983

"(B) consult with the Secretary of State with respect to foreign fishing; and "(C) consult with the Secretary of the department in which the Coast Guard is operating with respect to enforcement at sea. "(b)(1) A plan or amendment shall take effect and be implemented in accordance with section 305(c) if— "(A) the Secretary does not notify the Council in writing of his disapproval, or partial disapproval, under paragraph (2), of the ]•: plan or amendment before the close of the 95th day after the receipt date; or "(B) at any time subsequent to the 75th day after the receipt date and before such 95th day, the Secretary notifies the Council in writing that he does not intend to disapprove, or partially disapprove, the plan or amendment. "(2) If after review under subsection (a) the Secretary determines that the plan or amendment is not consistent with the criteria set forth in paragraph (I)(A) of that subsection, the Secretary shall notify the Council in writing of his disapproval or partial disapproval of the plan or amendment. Such notice shall specify— "(A) the applicable law with which the plan or amendment is C inconsistent; t "(B) the nature of such inconsistency; and "(C) recommendations concerning the actions that could be taken by the Council to conform such plan or amendment to the requirements of applicable law. "(3)(A) If the Secretary disapproves, or partially disapproves, a proposed plan or amendment under paragraph (2), the Council may submit a revised plan or amendment, accompanied by appropriately revised proposed regulations, to the Secretary. "(B) After the Secretary receives a revised plan or amendment under subparagraph (A) or (C)(ii), the Secretary shall immediately— "(i) commence a review of the plan or amendment to determine whether it complies with the criteria set forth in subsection (a)(l)(A); "(ii) publish in the Federal Register a notice stating that the revised plan or amendment is available and that written data, views, or comments of interested persons on the plan or amend' ment may be submitted to the Secretary during the 30-day period beginning on the date (hereinafter in this paragraph referred to as the 'revised receipt date') the plan or amendment was submitted to the Secretary under subparagraph (A) or (C)(ii); and "(iii) review the revised proposed regulations, if any, submity I ted by the Council and make such changes to them as may be necessary for the implementation of the plan, and thereafter publish such revised proposed regulations (as so changed) in the Federsil Register together with an explanation of each of such changes that is substantive. "(C)(i) Before the close of the 60th day after the revised receipt date, the Secretary, after taking into account any data, views, or comments received under subparagraph (B)(ii), shall complete the review required under subparagraph (B)(i) and determine whether the plan or amendment complies with the criteria set forth in subsection (a)(l)(A). If the Secretary determines that a plan or amendment is not in compliance with such criteria, he shall immediately notify the Council of his disapproval of the plan or amendment.

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