Page:United States Statutes at Large Volume 96 Part 2.djvu/1128

 96 STAT. 2490

PUBLIC LAW 97-453—JAN. 12, 1983

are initially submitted to the Secretary of Commerce on or after the date of the enactment of this Act for action under section 304. SEC. 8. IMPLEMENTATION OF PLANS.

R^ulations. Ante, p. 2487.

Regulations.

Publication in Federal Register.

Notice of termination, publication in Federal Register.

.. Section 305 (16 U.S.C. 1855) is amended as follows: (1) Subsections (a) and (b) are repealed. (2) Subsection (c) is amended to read as follows: "(c) IMPLEMENTATION.—The Secretary shall promulgate each regulation that is necessary to carry out a plan or amendment— "(1) within 110 days after the plan or amendment was received by him for action under section 304(a), if such plan or amendment takes effect under section 304(b)(l); "(2) within 75 days after a revised plan or amendment was received by him under section 304(b), if such plan or amendment takes effect under paragraph (3)(D) of such section; or "(3) within such time as he deems appropriate in the case of a plan or amendment prepared by him under section 304(c).". (3) Subsection (e) is amended to read as follows: "(e) EMERGENCY ACTIONS.—(1) If the Secretary finds that an emergency exists involving any fishery, he may promulgate emergency regulations necessary to address the emergency, without regard to whether a fishery management plan existsforsuch fishery. "(2) If a Council finds that an emergency exists involving any fishery within its jurisdiction, whether or not a fishery management plan exists for such fishery— "(A) the Secretary shall promulgate emergency regulations under paragraph (1) to address the emergency if the Council, by unanimous vote of the members who are voting members, requests the taking of such action; and "(B) the Secretary may promulgate emergency regulations under paragraph (1) to address the emergency if the Council, by less than a unanimous vote, requests the talung of such action. "(3) Any emergency regulation wmch changes any existing fishery management plan or amendment shall be treated as an amendment to such plan for the period in which such regulation is in effect. Any emergency regulation promulgated under this subsection— "(A) shall be published in the Federal Register together with the reasons therefor; "(B) shall remain in effect for not more than 90 days after the date of such publication, except that any such regulation may, by agreement of the Secretary and the Council, be promulgated for one additional period of not more than 90 days; and "(C) may be terminated by the Secretary at an earlier date by publication in the Federal Register of a notice of termination, except for emergency regulations promulgated under paragraph (2) in which case such early termination may be made only upon the agreement of the Secretary and the Council concerned.". (4) Subsection (f) is repealed. (5) Such section is further amended by adding at the end thereof the following new subsection: "(h) EFFECT OF CERTAIN LAWS ON CERTAIN TIME REQUIREMENTS.—

44 USC 101 note. 3 CFR, 1981 Comp., p. 127. Ante, p. 2487.

The Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.), the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), and Executive Order Numbered 12291, dated February 17, 1981, shall be complied with within the time limitations specified in subsection (c) or section 304 (a) and (b) as they apply to the functions of the Secretary under such provisions.".

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