Sec. 5. Rulemaking authority of the Secretary of Commerce
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The Secretary, in consultation with the Secretary of State and, with respect to enforcement measures, the Secretary of the department in which the Coast Guard is operating, is authorized to promulgate such regulations as may be necessary to carry out the U.S. international obligations under the North Pacific Fisheries Convention and this Act, including recommendations and decisions adopted by the Commission. If the Secretary has discretion in the implementation of 1 or more measures adopted by the Commission that would govern fisheries resources under the authority of a Regional Fishery Management Council, the Secretary may promulgate, to the extent practicable within the implementation schedule of the North Pacific Fisheries Convention and any recommendations and decisions adopted by the Commission, such regulations in accordance with the procedures established by the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).
Regulations promulgated under subsection
(a)shall be applicable only to a person, a fishing vessel, or fisheries resources covered by the North Pacific Fisheries Convention or this Act. 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 not later than 30 days after the date on which the regulations are promulgated or the action is published in the Federal Register, as applicable. Notwithstanding any other provision of law, the Secretary shall file a response to any petition filed in accordance with paragraph (1), not later than 30 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. A response of the Secretary under paragraph
(2)shall include a copy of the administrative record for the regulations that are the subject of the petition. 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.
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Sec. 5
Rulemaking authority of the Secretary of Commerce
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