Judicial Review of Fishery Management Regulations under the Fishery Conservation and Management Act of 1976

There are many issues under the Act which may come before the courts, including the effect of the National Environmental Policy Act on management schemes and whether there may be judicial review of the executive branch's decisions on applications from foreign nations to fish within the 200-mile zone. But of paramount importance to those with a stake in the outcome of the management schemes is section 305(d) of the Act, which governs judicial review of fishery management regulations. Unfortunately, congressional discussion of this section is virtually non-existent, as the provision was a last minute addition to the Act. It is the purpose of this comment to analyze the scope of this section and to suggest some guidelines for its interpretation, recognizing, however, that such an attempt in the absence of any judicial precedent under the Act may be perilous.