480 



pared bs him, a provision establishing a limited 

 access system described in section 303(b)(6), un- 

 less such system is first approved by a majority of 

 the voting members, present and voting, of each 

 appropriate Council. 



(d) Establishment op 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 in- 

 terdependence of fisheries or stocks of fish, the im- 

 pact of pollution on fish, the impact of wetland and 

 estuarine degradation, and other matters 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 



(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 ad- 

 jacent 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 amend- 

 ment; or 



(2) prepares, pursuant to section 304(c), any 

 fishery management plan or amendment; 



the Secretary shall publish in the Federal Register 

 (A) such plan or amendment, and (B) any regula- 

 tions which he proposes to promulgate to imple- 

 ment such plan or amendment. Interested persons 

 shall be 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 amend- 

 ment. If any such hearing is scheduled, the Sec- 

 retary may, pending its outcome — 



(A) postpone the effective date of the regula- 

 tions proposed to implement such plan or 

 amendment; or 



(B) take such other action as he deems ap- 

 propriate to preserve the rights or status of any 

 person. 



(c) Implementation. — ^The Secretary shall pro- 

 mulgate regulations to implement any fishery man- 

 agement plan or any amendment to any such 

 plan — 



(1) after consideration of all relevant mat- 

 ters — 



(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 diier applicable 

 law. 



To the extent practicable, such regulations shall be 

 put into effect in a manner which does not dis- 

 rupt 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 Code, if a petition for such review is filed 

 within 30 days after the date on which the regu- 

 lations are promulgated; except that (1) section 

 705 of such title is not applicable, and (2) the ap- 

 propriate court shall only set aside any such regu- 

 lation on a groimd specified in section 706(2) (A), 

 (B) , (C) , or (D) of such title. 



(e) Emergency Actions. — If the Secretary finds 

 that an emergency involving any fishery resources 

 exists, he may — 



(1) promulgate emergency regulations, with- 

 out regard to subsections (a) and (c), to im- 

 plement 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. 



Any emergency regulation which changes any ex- 

 isting fishery management plan shall be treated 

 as an amendment to su:h plan for the period in 

 which such regulation is in effect. Any emergency 

 regulation promulgated under this subsection (A) 

 shall be published in the Federal Register together 

 with the reasons therefor; (B) shall remain in ef- 

 fect for not more than 45 days after the date of 

 such publication, except that any such regulation 

 may be repromulgated for one additional period of 

 not more than 45 days; and (C) may be terminated 

 by the Secretary at any earlier date by publication 

 in the Federal Register of a notice of termination. 



(f ) Annual Report. — The Secretary shall report 

 to the Congress and the President, not later than 

 March 1 of each year, on all activities of the Coun- 

 cils and the Secretary with respect to fishery man- 

 agement plans, regulations to implement such 

 plans, and all other activities relating to the con- 



