[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 431 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 431

   To amend the Magnuson Fishery Conservation and Management Act to 
authorize the Secretary of Commerce to prepare fishery management plans 
and amendments to fishery management plans under negotiated rulemaking 
                  procedures, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            February 16 (legislative day, January 30), 1995

   Ms. Snowe introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To amend the Magnuson Fishery Conservation and Management Act to 
authorize the Secretary of Commerce to prepare fishery management plans 
and amendments to fishery management plans under negotiated rulemaking 
                  procedures, and for other purposes.

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

SECTION 1. AUTHORITY TO PREPARE FISHERY MANAGEMENT PLANS AND AMENDMENTS 
              UNDER NEGOTIATED RULEMAKING PROCEDURES.

    (a) Authority.--Section 304(c) of the Magnuson Fishery Conservation 
and Management Act (16 U.S.C. 1854(c)) is amended--
            (1) in paragraph (1), by adding at the end the following 
        new flush sentence:
``In addition to exercising the authority granted to the Secretary 
under this paragraph, the Secretary may, without regard to whether a 
Council has prepared a fishery management plan or amendment, prepare a 
fishery management plan or amendment and issue proposed regulations in 
accordance with paragraph (4).''; and
            (2) by adding at the end the following new paragraph:
    ``(4)(A) The Secretary may, pursuant to the procedures for 
negotiated rulemaking established by subchapter III of chapter 5 of 
title 5, United States Code--
            ``(i) prepare a fishery management plan with respect to any 
        fishery, or any amendment to any such fishery management plan; 
        and
            ``(ii) issue such proposed regulations as the Secretary 
        determines are necessary or appropriate to carry out a fishery 
        management plan or amendment prepared under clause (i).
    ``(B) A fishery management plan or amendment prepared by the 
Secretary pursuant to subparagraph (A) shall be prepared--
            ``(i) in accordance with--
                    ``(I) the national standards described in section 
                301(a);
                    ``(II) any other applicable provision of this Act 
                (other than paragraph (1)); and
                    ``(III) any other applicable law; and
            ``(ii) in consultation with--
                    ``(I) the Secretary of State, with respect to 
                foreign fishing; and
                    ``(II) the Secretary of the department in which the 
                Coast Guard is operating, with respect to enforcement 
                at sea.''.
    (b) Conforming Amendment.--Paragraphs (2)(A) and (3) of section 
304(c) of the Magnuson Fishery Conservation and Management Act (16 
U.S.C. 1854(c)) are each amended by striking ``paragraph (1)'' each 
place it appears and inserting ``this subsection''.
                                 <all>