(3) with the concurrence of the Secretary, ap-
prove or disapprove the general annual program of 
the Commission with respect to conservation and 
management measures and other measures proposed 
or adopted in accordance with the North Pacific 
Fisheries Convention; and 
(4) act upon, or refer to other appropriate au-
thority, any communication under paragraph (1). 
SEC. 104. AUTHORITY OF THE SECRETARY OF COMMERCE. 
(a) PROMULGATION OF REGULATIONS.— 
(1) AUTHORITY.—The Secretary, in consulta-
tion with the Secretary of State and, with respect to 
enforcement measures, the Secretary of the depart-
ment in which the Coast Guard is operating, may 
promulgate such regulations as may be necessary to 
carry out the United States international obligations 
under the North Pacific Fisheries Convention and 
this title, including recommendations and decisions 
adopted by the Commission. 
(2) REGULATIONS OF STRADDLING STOCKS.— 
In the implementation of a measure adopted by the 
Commission that would govern a straddling stock 
under the authority of a Council, any regulation pro-
mulgated by the Secretary to implement such meas-
ure shall be approved by such Council. 
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(b) RULE OF CONSTRUCTION.—Regulations promul-
gated under subsection (a) shall be applicable only to a 
person or a fishing vessel that is or has engaged in fishing 
activities, or fisheries resources covered by the North Pa-
cific Fisheries Convention under this title. 
(c) ADDITIONAL AUTHORITY.—The Secretary may 
conduct, and may request and utilize on a reimbursed or 
nonreimbursed basis the assistance, services, personnel, 
equipment, and facilities of other Federal departments 
and agencies in— 
(1) scientific, research, and other programs 
under this title; 
(2) fishing operations and biological experi-
ments for purposes of scientific investigation or 
other purposes necessary to implement the North 
Pacific Fisheries Convention; 
(3) the collection, utilization, and disclosure of 
such information as may be necessary to implement 
the North Pacific Fisheries Convention, subject to 
sections 552 and 552a of title 5, United States 
Code, and section 402(b) of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 
U.S.C. 1881a(b)); and 
(4) the issuance of permits to owners and oper-
ators of United States vessels to engage in fishing 
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activities in the Convention Area seaward of the ex-
clusive economic zone of the United States, under 
such terms and conditions as the Secretary may pre-
scribe, including the period of time that a permit is 
valid. 
(d) CONSISTENCY WITH OTHER LAWS.—The Sec-
retary shall ensure the consistency, to the extent prac-
ticable, of fishery management programs administered 
under this title, the Magnuson-Stevens Fishery Conserva-
tion and Management Act (16 U.S.C. 1801 et seq.), the 
Tuna Conventions Act of 1950 (16 U.S.C. 951 et seq.), 
the South Pacific Tuna Act of 1988 (16 U.S.C. 973 et 
seq.), section 401 of Public Law 108–219 (16 U.S.C. 1821 
note) (relating to Pacific albacore tuna), the Western and 
Central Pacific Fisheries Convention Implementation Act 
(16 U.S.C. 6901 et seq.), the National Oceanic and At-
mospheric Administration Authorization Act of 1992 
(Public Law 102–567) and the amendments made by that 
Act, and Public Law 100–629 (102 Stat. 3286). 
(e) JUDICIAL REVIEW OF REGULATIONS.— 
(1) IN GENERAL.—Regulations promulgated by 
the Secretary under this title shall be subject to ju-
dicial review to the extent authorized by, and in ac-
cordance with, chapter 7 of title 5, United States 
Code, if a petition for such review is filed not later 
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than 30 days after the date on which the regulations 
are promulgated. 
(2) RESPONSES.—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 Sec-
retary 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. 
(3) COPIES OF ADMINISTRATIVE RECORD.—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. 
(4) EXPEDITED HEARINGS.—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. 
SEC. 105. ENFORCEMENT. 
(a) IN GENERAL.—The Secretary and the Secretary 
of the department in which the Coast Guard is oper-
ating— 
(1) shall administer and enforce this title and 
any regulations issued under this title, except to the 
extent otherwise provided for in the Magnuson-Ste-
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vens Fishery Conservation and Management Act (16 
U.S.C. 1801 et seq.); and 
(2) may request and utilize on a reimbursed or 
nonreimbursed basis the assistance, services, per-
sonnel, equipment, and facilities of other Federal de-
partments and agencies in the administration and 
enforcement of this title. 
(b) SECRETARIAL ACTIONS.—Except as provided 
under subsection (c), the Secretary and the Secretary of 
the department in which the Coast Guard is operating 
shall prevent any person from violating this title with re-
spect to fishing activities or the conservation of fisheries 
resources in the Convention Area in the same manner, by 
the same means, and with the same jurisdiction, powers, 
and duties as though sections 308 through 311 of the 
Magnuson-Stevens Fishery Conservation and Manage-
ment Act (16 U.S.C. 1858, 1859, 1860, and 1861) were 
incorporated into and made a part of this title. Any person 
that violates this title is subject to the penalties and enti-
tled to the privileges and immunities provided in the Mag-
nuson-Stevens Fishery Conservation and Management Act 
(16 U.S.C. 1801 et seq.) in the same manner, by the same 
means, and with the same jurisdiction, power, and duties 
as though sections 308 through 311 of that Act (16 
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