Page:United States Statutes at Large Volume 104 Part 6.djvu/63

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PUBLIC LAW 101-627—NOV. 28, 1990 104 STAT. 4453 "(h) 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. ". STATE JURISDICTION SEC. 112. Section 306(c) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1856(c)) is amended— (1) in paragraph (I)(B) by inserting "and the application specifies the species to be processed" before the period at the end; and (2) by striking paragraph (2) and inserting in lieu thereof the following: "(2) The Governor of a State may not grant permission for a foreign fishing vessel to engage in fish processing under paragraph (D— "(A) for a fishery which occurs in the waters of more than one State or in the exclusive economic zone, except after— "(i) consulting with the appropriate Council and Marine Fisheries Commission, and "(ii) considering any comments received from the Governor of any other State where the fishery occurs; and "(B) if the Governor determines that fish processors within the State have adequate capacity, and will utilize such capacity, to process all of the United States harvested fish from the fishery concerned that are landed in the State.". PROHIBITION OF CERTAIN ACTS SEC. 113. (a) PROHIBITIONS WITH RESPECT TO THEFT, ASSAULT, AND LARGE-SCALE DRIFTNET FISHING.— Section 307(1) of the Magnuson