implementation of fishery management plans

implementation of fishery management plans Sec. 111. (a) Technical and Conforming Amendments.— (1) Section 305 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1855) is amended— (A) by redesignating subsections (c), (d), and (e) as subsections (a), (b), and (c), respectively; and (B) by redesignating subsections (g) and (h) as subsections (d) and (e), respectively. (2) Section 304 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1854) is amended— (A) in subsection (b)(1) by striking “305(c)” in the first sentence and inserting in lieu thereof “305(a)”; (B) in subsection (b)(3)(D) by striking “305(c)” and inserting in lieu thereof “305(a)”; and (C) in subsection (c)(2)(B) by striking “305(c)” and inserting in lieu thereof “305(a)”. (b) Judicial Review of Certain Implementing Actions.—Section 305(b) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1855(b)), as redesignated by subsection (a)(1)(A), is amended to read as follows: 104 STAT. 4453 “(b) Judicial Review.— (1) Regulations promulgated by the Secretary under this Act and actions described in paragraph (2) 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 regulations are promulgated or the action is published in the Federal Register, as applicable; except that— “(A) section 705 of such title is not applicable, and “(B) the appropriate court shall only set aside any such regulation or action on a ground specified in section 706(2) (A), (B), (C), or (D) of such title. “(2) The actions referred to in paragraph (1) are actions that are taken by the Secretary under regulations which implement a fishery management plan, including but not limited to actions that establish the date of closure of a fishery to commercial or recreational fishing. “(3) (A) Notwithstanding any other provision of law, the Secretary shall file a response to any petition filed in accordance with paragraph (1), not later than 45 days after the date the Secretary is served with that petition, except that the appropriate court may extend the period for filing such a response upon a showing by the Secretary of good cause for that extension. “(B) A response of the Secretary under this paragraph shall include a copy of the administrative record for the regulations that are the subject of the petition. “(4) Upon a motion by the person who files a petition under this subsection, the appropriate court shall assign the matter for hearing at the earliest possible date and shall expedite the matter in every possible way.”.