Sec. 7. Transparency and public process
995 words·~5 min read·
/bill/114/hr/1335/rh/section-7A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 302(g)(1)(B) ( 16 U.S.C. 1852(g)(1)(B) ) is amended by adding at the end the following: Each scientific and statistical committee shall develop such advice in a transparent manner and allow for public involvement in the process. . Section 302(i)(2) ( 16 U.S.C. 1852(i)(2) ) is amended by adding at the end the following: Each Council shall make available on the Internet Web site of the Council— to the extent practicable, a Webcast, an audio recording, or a live broadcast of each meeting of the Council, and of the Council Coordination Committee established under subsection (l), that is not closed in accordance with paragraph (3); and audio, video (if the meeting was in person or by video conference), or a searchable audio or written transcript of each meeting of the Council and of the meetings of committees referred to in section 302(g)(1)(B) of the Council by not later than 30 days after the conclusion of the meeting.
The Secretary shall maintain and make available to the public an archive of Council and scientific and statistical committee meeting audios, videos, and transcripts made available under clauses
(i)and
(ii)of subparagraph (G). . Section 303 ( 16 U.S.C. 1853 ) is amended— in subsection (a), by striking paragraph
(9)and redesignating paragraphs
(10)through
(15)as paragraphs
(9)through (14), respectively; and by adding at the end the following: Any fishery management plan (or fishery management plan amendment) prepared by any Council or by the Secretary pursuant to subsection
(a)or (b), or proposed regulations deemed necessary pursuant to subsection (c), shall include a fishery impact statement which shall assess, specify and analyze the likely effects and impact of the proposed action on the quality of the human environment. The fishery impact statement shall describe— a purpose of the proposed action; the environmental impact of the proposed action; any adverse environmental effects which cannot be avoided should the proposed action be implemented; a reasonable range of alternatives to the proposed action; the relationship between short-term use of fishery resources and the enhancement of long-term productivity; the cumulative conservation and management effects; and economic, and social impacts of the proposed action on— participants in the fisheries and fishing communities affected by the proposed action; participants in the fisheries conducted in adjacent areas under the authority of another Council, after consultation with such Council and representatives of those participants; and the safety of human life at sea, including whether and to what extent such measures may affect the safety of participants in the fishery. A substantially complete fishery impact statement, which may be in draft form, shall be available not less than 14 days before the beginning of the meeting at which a Council makes its final decision on the proposal (for plans, plan amendments, or proposed regulations prepared by a Council pursuant to subsection
(a)or (c)). Availability of this fishery impact statement will be announced by the methods used by the council to disseminate public information and the public and relevant government agencies will be invited to comment on the fishery impact statement. The completed fishery impact statement shall accompany the transmittal of a fishery management plan or plan amendment as specified in section 304(a), as well as the transmittal of proposed regulations as specified in section 304(b). The Councils shall, subject to approval by the Secretary, establish criteria to determine actions or classes of action of minor significance regarding subparagraphs (A), (B), (D), (E), and
(F)of paragraph (2), for which preparation of a fishery impact statement is unnecessary and categorically excluded from the requirements of this section, and the documentation required to establish the exclusion. The Councils shall, subject to approval by the Secretary, prepare procedures for compliance with this section that provide for timely, clear, and concise analysis that is useful to decisionmakers and the public, reduce extraneous paperwork and effectively involve the public, including— using Council meetings to determine the scope of issues to be addressed and identifying significant issues related to the proposed action; integration of the fishery impact statement development process with preliminary and final Council decisionmaking in a manner that provides opportunity for comment from the public and relevant government agencies prior to these decision points; and providing scientific, technical, and legal advice at an early stage of the development of the fishery impact statement to ensure timely transmittal and Secretarial review of the proposed fishery management plan, plan amendment, or regulations to the Secretary. Actions taken in accordance with this section are deemed to fulfill the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and all related implementing regulations. . Section 304(a)(2) ( 16 U.S.C. 1854(a)(2) ) is amended by striking and after the semicolon at the end of subparagraph (B), striking the period at the end of subparagraph
(C)and inserting ; and , and by adding at the end the following: evaluate the adequacy of the accompanying fishery impact statement as basis for fully considering the environmental impacts of implementing the fishery management plan or plan amendment. . Section 304(b) ( 16 U.S.C. 1854(b) ) is amended by striking so much as precedes subparagraph
(A)of paragraph
(1)and inserting the following: Upon transmittal by the Council to the Secretary of proposed regulations prepared under section 303(c), the Secretary shall immediately initiate an evaluation of the proposed regulations to determine whether they are consistent with the fishery management plan, plan amendment, this Act and other applicable law. The Secretary shall also immediately initiate an evaluation of the accompanying fishery impact statement as a basis for fully considering the environmental impacts of implementing the proposed regulations. Within 15 days of initiating such evaluation the Secretary shall make a determination and— . Section 305(e) ( 16 U.S.C. 1855(e) ) is amended by inserting the National Environmental Policy Act of 1969 ( after 42 U.S.C. 4321 et seq. ), the Regulatory Flexibility Act ( . 5 U.S.C. 601 et seq. ),
Connectionstraces to 6
Citation graph
cites case law
Sec. 7
Transparency and public process
Cites 6Cited by 0 across 0 sources