Page:United States Statutes at Large Volume 96 Part 2.djvu/1127

 PUBLIC LAW 97-453—JAN. 12, 1983

96 STAT. 2489

"(ii) After notifying a C!ouncil of disapproval under clause (i), the Secretary shall promptly provide to the Council a written statement of the reasons on which the disapproval was based and advise the Council that it may submit a further revised plan or amendment, together with appropriately revised proposed regulations, for review and determination under this paragraph. "(D) A revised plan or amendment shall take effect and be implemented in accordance with section 305(c) if the Secretary does not notify the Council, in writing, by the close of the 60th day after the revised receipt date of his disapproval of the plan or amendment.". (2) Subsection (c)(1) is amended— (A) by amending paragraph (1)— ¥**' (i) by amenc^g subparagraph (B) to read as follows: "(B) the Secretary disapproves or partially disapproves any such plan or amendment, or disapproves a revised plan or amendment, and the Council involved fails to submit a revised or further revised plan or amendment, as the case may be.", and (ii) by adding immediately after the last sentence thereof the following flush sentence: "The Secretary shall sdso prepare such proposed regulations as he deems necessary or appropriate to carry out each plan or amendment prepared by him under this paragraph."; and (B) by amending paragraph (2) to read as follows: "(2)(A) Whenever, under paragraph (1), the Secretary prepares a fishery management plan or amendment, the Secretary shall immediately— "(i) submit such plan or amendment, and proposed regulations to implement such plan or amendment, to the appropriate Council for consideration and comment; "(ii) 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 Secretly during the 75-day period begin^ ^ ning on the date the plan or amendment was submitted under clause (i); and ij I "(iii) by the 30th day after the date of submission under clause (i), submit for publication in the Federal Register the proposed regulations to implement the plan or amendment. "(B) The appropriate council must submit its comments and recommendations, if any, regarding the plan or amendment to the Secretary before the close of the 75-day period referred to in subparagraph (A)(ii). After the close of such 75-day period, the Secretary, after taking into account any such comments and recommendations, as well as any views, data, or comments submitted under subparagraph (A)(ii), may implement such plan or amendment under section 305(c).". (3) Subsection (d) is amended by striking out the last sentence «* and inserting in lieu thereof the following: "The Secretary may enter into a cooperative agreement with the States concerned under which the States administer the permit system and the agreement may provide that all or part of the fees collected under the system shall accrue to the States. The level of fees charged under this subsection shall not exceed the administrative costs incurred in issuing the permits.", (b) The amendments made by subsection (a) shall only apply with respect to fishery management plans and amendments thereto that

Post, p. 2490.

Publication in Federal Register.

Cbmments and recommendations.

16 USC ISM note.

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