[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4932 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4932

   To amend the Magnuson Fishery Conservation and Management Act to 
     require the Secretary of Commerce to prepare conservation and 
management measures for the northeast multispecies (groundfish) fishery 
                under negotiated rulemaking procedures.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            August 10, 1994

  Ms. Snowe introduced the following bill; which was referred to the 
               Committee on Merchant Marine and Fisheries

_______________________________________________________________________

                                 A BILL


 
   To amend the Magnuson Fishery Conservation and Management Act to 
     require the Secretary of Commerce to prepare conservation and 
management measures for the northeast multispecies (groundfish) fishery 
                under negotiated rulemaking procedures.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. REQUIREMENT TO INITIATE PREPARATION OF CONSERVATION AND 
              MANAGEMENT MEASURES FOR NORTHEAST MULTISPECIES FISHERY.

    (a) Requirement.--Not later than 60 days after the date of the 
enactment of this Act, the Secretary of Commerce in accordance with 
this section shall begin preparing under section 304(c) of the Magnuson 
Fishery Conservation and Management Act (16 U.S.C. 1854(c)) a fishery 
management plan or an amendment to an existing fishery management plan 
in effect under that Act, and proposed regulations to implement the 
plan or amendment, which establish conservation and management measures 
for the northeast multispecies (groundfish) fishery.
    (b) Procedures.--
            (1) In general.--Except as provided in paragraph (2), in 
        preparing a fishery management plan or amendment and proposed 
        regulations under subsection (a), the Secretary of Commerce 
        shall comply with the procedures for negotiated rulemaking 
        established by subchapter III of chapter 5 of title 5, United 
        States Code, including by--
                    (A) establishing a negotiated rulemaking committee 
                in accordance with that subchapter before the end of 
                the 60-day period beginning on the date of the 
                enactment of this Act; and
                    (B) publishing a notice in accordance with section 
                564(a) of that subchapter before the end of that 
                period.
            (2) Provisions not applicable.--The following provisions 
        shall not apply to the preparation under this section of a 
        fishery management plan, an amendment to an existing fishery 
        management plan, or proposed regulations:
                    (A) Subparagraphs (A) and (B) of section 304(c)(1) 
                of the Magnuson Fishery Conservation Act (16 U.S.C. 
                1854(c)(1)(A) and (B)).
                    (B) The second sentence of section 563(a) of title 
                5, United States Code.
                    (C) Section 565(a)(2) of title 5, United States 
                Code.
    (c) Submission to New England Fishery Management Council.--If a 
negotiated rulemaking committee established pursuant to this section 
reaches a consensus (as that term is defined in section 562(2) of title 
5, United States Code) on a fishery management plan or amendment and 
proposed regulations prepared under this section--
            (1) the Secretary of Commerce may submit the plan or 
        amendment and proposed regulations to the New England Fishery 
        Management Council under section 304(c)(2) of the Magnuson 
        Fishery Conservation Act (16 U.S.C. 1854(c)(2)); and
            (2) if the Secretary submits the plan or amendment and 
        proposed regulations under paragraph (1), the plan or amendment 
        and proposed regulations shall be treated under that Act as 
        having been prepared by the Secretary.
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