16 U.S.C. § 7704 — Authority of the Secretary of Commerce

(a) Promulgation of regulations:
(1) Authority: The Secretary^*, working with the Secretary of State^* and, for enforcement, the Secretary running the Coast Guard, can issue regulations needed to carry out the United States' international duties under the North Pacific Fisheries Convention^* and this chapter, including recommendations and decisions the Commission^* adopts.
(2) Regulations of straddling stocks: If the Commission adopts a measure that would govern a "straddling stock^*" under a Council's authority, any Secretary regulation implementing that measure inside the exclusive economic zone^* must be approved by that Council^*.

(b) Rule of construction: Regulations under (a) apply only to a person^* or fishing vessel^* that is or has been engaged in fishing activities^*, or to fishery resources, covered by the North Pacific Fisheries Convention under this chapter.

(c) Additional authority: The Secretary can run, and can get paid or unpaid help — services, staff, equipment, and facilities — from other federal agencies for: (1) scientific, research, and other programs under this chapter; (2) fishing trips and biological experiments for scientific study or other purposes needed to carry out the Convention; (3) collecting, using, and sharing information needed to carry out the Convention, subject to the Privacy Act (5 U.S.C. §§ 552, 552a) and section 402(b) of the Magnuson-Stevens Fishery Conservation and Management Act; (4) issuing permits to United States vessel owners and operators to fish in the Convention Area^* beyond the U.S. exclusive economic zone, on terms the Secretary sets, including how long a permit lasts; and (5) if the United States Commissioners recommend it, assessing and collecting fees — up to 3 percent of the ex-vessel value of fish caught by U.S. vessels in the Convention Area — to recover the actual U.S. cost of carrying out the Secretary's functions under this chapter.

(d) Consistency with other laws: As much as practical, the Secretary must keep fishery management programs under this chapter consistent with several other named fishery laws: the Magnuson-Stevens Fishery Conservation and Management Act, the Tuna Conventions Act of 1950, the South Pacific Tuna Act of 1988, section 401 of Public Law 108-219 (about Pacific albacore tuna), the Western and Central Pacific Fisheries Convention Implementation Act, the National Oceanic and Atmospheric Administration Authorization Act of 1992, and Public Law 100-629.

(e) Judicial review of regulations:
(1) In general: Courts can review the Secretary's regulations under this chapter, under chapter 7 of title 5, if someone files a petition within 30 days of the regulation being promulgated.
(2) Responses: The Secretary must file a response to any such petition within 30 days of being served with it, unless the appropriate court extends that deadline for good cause the Secretary shows.
(3) Copies of administrative record: The Secretary's response must include a copy of the administrative record for the regulations under challenge.
(4) Expedited hearings: If the person who filed the petition moves for it, the appropriate court must assign the matter for hearing at the earliest possible date.