ACTION BY THE SECRETARY.

SEC. 304. ACTION BY THE SECRETARY. (a) Action by the Secretary After Receipt of Plan.— Within 60 days after the Secretary receives any fishery management plan, or any amendment to any such plan, which is prepared by any Council, the Secretary shall— (1) review such plan or amendment pursuant to subsection (b); and (2) notify such Council in writing of his approval, disapproval, or partial disapproval of such plan or amendment. In the case of disapproval or partial disapproval, the Secretary shall include in such notification a statement and explanation of the Secretary’s objections and the reasons therefor, suggestions for improvement, a request to such Council to change such plan or amendment to satisfy the objections, and a request, to resubmit the plan or amendment, as so modified, to the Secretary within 45 days after the date on which the Council receives such notification. (b) Review by the Secretary.— The Secretary shall review any fishery management plan, and any amendment to any such plan, prepared by any Council and submitted to him to determine whether90 STAT. 353 it is consistent with the national standards, the other provisions of this Act, and any other applicable law. In carrying out such review, the Secretary shall consult with— (1) the Secretary of State with respect to foreign fishing; and (2) the Secretary of the department in which the Coast Guard is operating with respect to enforcement at sea. (c) Preparation by the Secretary.— (1) The Secretary may prepare a fishery management plan, with respect to any fishery, or any amendment to any such plan, in accordance with the national standards, the other provisions of this Act, and any other applicable law, if— (A) the appropriate Council fails to develop and submit to the Secretary, after a reasonable, period of time, a fishery management plan for such fishery, or any necessary amendment to such a plan, if such fishery requires conservation and management; or (B) the Secretary disapproves or partially disapproves any such plan or amendment, and the Council involved fails to change such plan or amendment in accordance with the notification made under subsection (a)(2). In preparing any such plan or amendment, the Secretary shall consult with the Secretary of Stale with respect, to foreign fishing and with the Secretary of the department in which the Coast Guard is operating with respect to enforcement at sea. (2) Whenever, pursuant to paragraph (1), the Secretary prepares a fishery management plan or amendment, the Secretary shall promptly transmit such plan or amendment to the appropriate Council for consideration and comment. Within 45 days after the date of receipt of such plan or amendment, the appropriate Council may recommend, to the Secretary, changes in such plan or amendment, consistent with the national standards, the other provisions of this Act, and any other applicable, law. After the expiration of such 45-day period, the Secretary may implement such plan or amendment pursuant to section 305. (3) Notwithatanding paragraph (1), the Secretary may not include in any fishery management plan, or any amendment to any such plan, prepared by him, a provision establishing a limited access system described in section 303(b)(6), unless such system is first approved by a majority of the voting members, present, and voting, of each appropriate Council. (d) Establishment of Fees.— The Secretary shall by regulation establish the level of any fees which are authorized to be charged pursuant to section 303(b)(1). Such level shall not exceed the administrative costs incurred by the Secretary in issuing such permits. (e) Fisheries Research.— The Secretary shall initiate and maintain a comprehensive program of fishery research to carry out and further the purposes, policy, and provisions of this Act. Such program shall be designed to acquire knowledge and information, including statistics, on fishery conservation and management, including, but not limited to, biological research concerning the interdependence of fisheries or stocks of fish, the impact of pollution on fish, the impact of wetland and estuarine degradation, and other matte re bearing upon the abundance and availability of fish. (f) Miscellaneous Duties.— (1) If any fishery extends beyond the geographical area of authority of any one Council, the Secretary may— (A) designate which Council shall prepare the fishery management plan for such fishery and any amendment to such plan; or 90 STAT. 354 (B) may require that the plan and amendment be prepared jointly by the Councils concerned. No jointly prepared plan or amendment may be submitted to the Secretary unless it is approved by a majority of the voting members, present and voting, of each Council concerned. (2) The Secretary shall establish the boundaries between the geographical areas of authority of adjacent Councils.