IMPLEMENTATION OF FISHERY MANAGEMENT PLANS.

SEC. 305. IMPLEMENTATION OF FISHERY MANAGEMENT PLANS. (a) In General.— As soon us 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 Register (A) such plan or amendment, and (B) any regulations which he proposes to promulgate to implement 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 amendment. If any such hearing is scheduled, 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. (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 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. (e) Emergency Actions.— If the Secretary finds that an emergency 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. 90 STAT. 355 Any emergency regulation which changes any existing fishery management plan shall be treated as an amendment to such 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 effect 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 Councils and the Secretary with respect to fishery management plans, regulations to implement such plans, and all other activities relating to the conservation and management of fishery resources that were undertaken under this Act during the preceding calendar year. (g) Responsibility of the Secretary.— The Secretary shall have general responsibility to carry out any fishery management plan or amendment approved or prepared by him, in accordance with the provisions of this Act. The Secretary may promulgate such regulations, in accordance with section 553 of title 5, United States Code, as may be necessary to discharge such responsibility or to carry out any other provision of this Act.