[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 432 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 432

   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, 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 
     require the Secretary of Commerce to prepare conservation and 
management measures for the northeast multispecies (groundfish) fishery 
    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. REQUIREMENT TO INITIATE PREPARATION OF CONSERVATION AND 
              MANAGEMENT MEASURES.

    (a) Definitions.--Unless the context implies otherwise, for the 
purposes of this section, the following definitions shall apply:
            (1) Consensus.--The term ``consensus'' has the same meaning 
        as in section 562(2) of title 5, United States Code.
            (2) Northeast multispecies fishery.--The term ``northeast 
        multispecies fishery'' means the New England groundfish 
        fishery.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
    (b) Requirement To Establish Conservation and Management 
Measures.--Subject to subsection (c), not later than 60 days after the 
date of enactment of this Act, in order to establish conservation and 
management measures for the northeast multispecies fishery, the 
Secretary shall, in accordance with this section and section 304(c) of 
the Magnuson Fishery Conservation and Management Act (16 U.S.C. 
1854(c)), commence--
            (1) the preparation of--
                    (A) a fishery management plan; or
                    (B) an amendment to an existing fishery management 
                plan that is in effect under the Magnuson Fishery 
                Conservation and Management Act (16 U.S.C. 1801 et 
                seq.) on the date on which the amendment is prepared; 
                and
            (2) the issuance of proposed regulations to implement the 
        plan or amendment.
    (c) Procedures for the Preparation of Plan or Amendment.--
            (1) In general.--Except as provided in paragraph (3), in 
        preparing a fishery management plan or amendment under 
        subsection (b) and in issuing proposed regulations under such 
        subsection, the Secretary shall comply with the procedural 
        requirements for negotiated rulemaking under subchapter III of 
        chapter 5 of title 5, United States Code.
            (2) Procedures included.--In carrying out paragraph (1), 
        the Secretary shall, not later than 60 days after the date of 
        enactment of this Act--
                    (A) establish a negotiated rulemaking committee in 
                accordance with subchapter III of chapter 5 of title 5, 
                United States Code; and
                    (B) publish a notice under section 564(a) of title 
                5, United States Code.
            (3) Provisions that are inapplicable.--Notwithstanding any 
        other provision of law, with respect to the preparation of a 
        fishery management plan or amendment under subsection (b) and 
        the issuance of proposed regulations under such subsection, the 
        Secretary shall not be required to comply with--
                    (A) subparagraphs (A) and (B) of section 304(c)(1);
                    (B) the second sentence of section 563(a) of title 
                5, United States Code; or
                    (C) section 565(a)(2) of title 5, United States 
                Code.
    (d) Submission to New England Fishery Management Council.--If a 
negotiated rulemaking committee established under subsection (c)(2)(A) 
reaches a consensus on a fishery management plan or amendment prepared 
under subsection (b) and proposed regulations issued under such 
subsection, the Secretary may, pursuant to the requirements of section 
304(c)(2) of the Magnuson Fishery Conservation Act (16 U.S.C. 
1854(c)(2)) (including notice and publication requirements), submit the 
plan or amendment, together with proposed regulations, to the New 
England Fishery Management Council for consideration and comment by the 
Council in the same manner as is provided for the submission by the 
Secretary, and consideration and comment by the Council, of a plan or 
amendment prepared by, and proposed regulations issued by, the 
Secretary under section 304(c)(1) of such Act (16 U.S.C. 1854(c)(1)).
                                 <all>