Page:United States Statutes at Large Volume 90 Part 1.djvu/404

 90 STAT. 354

PUBLIC LAW 94-265—APR. 13, 1976 (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. SEC. 305. IMPLEMENTATION OF FISHERY MANAGEMENT PLANS.

(a) IN GENERAL.—As soon as practicable after the Secretary— (1) approves, pursuant to section 304(a) and (b), any fishery management plan or amendment; or (2) prepares, pursuant to section 304(c), any fishery management plan or amendment; the Secretary shall publish in the Federal Kegister (A) such plan or amendment, and (B) any regulations which he proposes to promulgate Written to implement such plan or amendment. Interested persons shall be comments. afforded a period of not less than 45 days after such publication within which to submit in writing data, views, or comments on the plan or amendment, and on the proposed regulations. (b) HEARING.—The Secretary may schedule a hearing, in accordance with section 553 of title 5, United States Code, on any fishery management plan, any amendment to any such plan, and any regulations to implement any such plan or amendment. If any such hearing is sclieduled, the Secretary may, pending its outcome— (A) postpone the effective date of the regulations proposed to implement such plan or amendment; or (B) take such other action as he deems appropriate to preserve the rights or status of any person. Regulations. (c) IMPLEMENTATION.—The Secretary shall promulgate regulations to implement any fishery management plan or any amendment to any such plan— (1) after consideration of all relevant matters— (A) presented to him during the 45-day period referred to in subsection (a), and (B) produced in any hearing held under subsection (b); and (2) if he finds that the plan or amendment is consistent with the national standards, the other provisions of this Act, and any other applicable law. To the extent practicable, such regulations shall be put into effect in a manner which does not disrupt the regular fishing season for any fishery. (d) JUDICIAL REVIEW.—Regulations promulgated by the Secretary under this Act shall be subject to judicial review to the extent authorized by,, and in accordance with, chapter 7 of title 5, United States 5 USC 701 et seq. Code, if a petition for such review is filed within 30 days after the date on which the regulations are promulgated; except that (1) section 705 of such title is not applicable, and (2) the appropriate court shall only set aside any such regulation on a ground specified in section 706(2)(A), (B), (C), or (D) of such title. Emergency (e) EMERGENCY ACTIONS.—If the Secretary finds that an emergency regulations. involving any fishery resources exists, he may— (1) promulgate emergency regulations, without regard to subsections (a) and (c), to implement any fishery management plan, if such emergency so requires; or (2) promulgate emergency regulations to amend any regulation which implements any existing fishery management plan, to the extent required by such emergency. Publication in Federal Register. 16 USC 1855.

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