§1826g — Title 16 Conservation | U.S. Code

Summary

The Secretary of Commerce and the head of the department that runs the Coast Guard must enforce this law and the nine related fisheries laws. They can use people, ships, planes, and other equipment from other federal or state agencies by agreement. The Secretaries have the same enforcement powers and duties as given in sections 308 through 311 of the Magnuson‑Stevens Act. They can also, when money is available, work with other countries to fight illegal fishing and help make fisheries sustainable. Officers from federal or state agencies who the Secretary approves can also enforce these laws with the same powers as section 311 of the Magnuson‑Stevens Act. The Secretary can share information, under the data rules in section 402 of the Magnuson‑Stevens Act, with other governments, the Food and Agriculture Organization, or international fishery groups if the recipient will protect the data and the sharing is needed for enforcement, investigations, or related actions. The section 402 data limits do not apply when the United States must share information under a regional fisheries group or for information about foreign vessels. It is illegal to break the law, refuse boarding or inspection, assault or block officers, resist arrest, help someone avoid arrest, or attack or interfere with observers or data collectors. People who do these things can face civil penalties and permit sanctions under section 308, and some acts are criminal under section 309(b). The President must use Defense, Coast Guard, and other federal assets to detect and stop large-scale driftnet fishing on the high seas under the U.N. moratorium, and elsewhere as international law allows.

Title 16, §1826g

Conservation — Source: USLM XML via OLRC

(a)The Secretary and the Secretary of the department in which the Coast Guard is operating shall enforce this Act, and the Acts to which this section applies, in accordance with this section. Each such Secretary may, by agreement, on a reimbursable basis or otherwise, utilize the personnel services, equipment (including aircraft and vessels), and facilities of any other Federal agency, and of any State agency, in the performance of such duties.

(b)This section applies to—

(1)the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3631 et seq.);

(2)the Dolphin Protection Consumer Information Act (16 U.S.C. 1385);

(3)the Tuna Conventions Act of 1950 (16 U.S.C. 951 et seq.);

(4)the North Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 5001 et seq.);

(5)the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971 et seq.);

(6)the Northwest Atlantic Fisheries Convention Act of 1995 (16 U.S.C. 5601 et seq.);

(7)the Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6901 et seq.);

(8)the Antigua Convention Implementing Act of 2015; and

(9)the Ensuring Access to Pacific Fisheries Act.

(c)(1)The Secretary shall prevent any person from violating this Act, or any Act to which this section applies, 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 Management Act (16 U.S.C. 1858 through 1861) were incorporated into and made a part of and applicable to this Act and each such Act.

(2)The Secretary may, subject to appropriations and in the course of carrying out the Secretary’s responsibilities under the Acts to which this section applies, engage in international cooperation to help other nations combat illegal, unreported, and unregulated fishing and achieve sustainable fisheries.

(d)(1)In addition to the powers of officers authorized pursuant to subsection (c), any officer who is authorized by the Secretary, or the head of any Federal or State agency that has entered into an agreement with the Secretary under subsection (a), may enforce the provisions of any Act to which this section applies, with the same jurisdiction, powers, and duties as though section 311 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861) were incorporated into and made a part of each such Act.

(2)(A)The Secretary, subject to the data confidentiality provisions in section 402 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881a), may disclose, as necessary and appropriate, information, including information collected under joint authority of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) and the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 71 et seq.) or the Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6901 et seq.) or other statutes implementing international fishery agreements, to any other Federal or State government agency, the Food and Agriculture Organization of the United Nations, the secretariat or equivalent of an international fishery management organization or arrangement made pursuant to an international fishery agreement, or a foreign government, if—

(i)such government, organization, or arrangement has policies and procedures to protect such information from unintended or unauthorized disclosure; and

(ii)such disclosure is necessary—

(I)to ensure compliance with any law or regulation enforced or administered by the Secretary;

(II)to administer or enforce any international fishery agreement to which the United States is a party;

(III)to administer or enforce a binding conservation measure adopted by any international organization or arrangement to which the United States is a party;

(IV)to assist in any investigative, judicial, or administrative enforcement proceeding in the United States; or

(V)to assist in any law enforcement action undertaken by a law enforcement agency of a foreign government, or in relation to a legal proceeding undertaken by a foreign government to the extent the enforcement action is consistent with rules and regulations of a regional fisheries management organization (as that term is defined by the United Nation’s 11 So in original. Food and Agriculture Organization Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing) of which the United States is a member, or the Secretary has determined that the enforcement action is consistent with the requirements under Federal law for enforcement actions with respect to illegal, unreported, and unregulated fishing.

(B)The data confidentiality provisions of section 402 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881a) shall not apply with respect to this Act with respect to—

(i)any obligation of the United States to share information under a regional fisheries management organization (as that term is defined by the United Nation’s 1 Food and Agriculture Organization Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing) of which the United States is a member; or

(ii)any information collected by the Secretary regarding foreign vessels.

(e)It is unlawful for any person—

(1)to violate any provision of this Act or any regulation or permit issued pursuant to this Act;

(2)to refuse to permit any officer authorized to enforce the provisions of this Act to board, search, or inspect a vessel, subject to such person’s control for the purposes of conducting any search, investigation, or inspection in connection with the enforcement of this Act, any regulation promulgated under this Act, or any Act to which this section applies;

(3)to forcibly assault, resist, oppose, impede, intimidate, or interfere with any such authorized officer in the conduct of any search, investigation, or inspection described in paragraph (2);

(4)to resist a lawful arrest for any act prohibited by this section or any Act to which this section applies;

(5)to interfere with, delay, or prevent, by any means, the apprehension, arrest, or detection of another person, knowing that such person has committed any act prohibited by this section or any Act to which this section applies; or

(6)to forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with—

(A)any observer on a vessel under this Act or any Act to which this section applies; or

(B)any data collector employed by the National Marine Fisheries Service or under contract to any person to carry out responsibilities under this Act or any Act to which this section applies.

(f)Any person who commits any act that is unlawful under subsection (e) shall be liable to the United States for a civil penalty, and may be subject to a permit sanction, under section 308 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1858).

(g)Any person who commits an act that is unlawful under subsection (e)(2), (e)(3), (e)(4), (e)(5), or (e)(6) is deemed to be guilty of an offense punishable under section 309(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1859(b)).

(h)The President shall utilize appropriate assets of the Department of Defense, the United States Coast Guard, and other Federal agencies to detect, monitor, and prevent violations of the United Nations moratorium on large-scale driftnet fishing on the high seas for all fisheries under the jurisdiction of the United States and, in the case of fisheries not under the jurisdiction of the United States, to the fullest extent permitted under international law.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in subsecs. (a), (c)(1), (d)(2)(B), and (e)(1), (2), and (6), probably means title VI of Pub. L. 104–43, Nov. 3, 1995, 109 Stat. 391, known as the High Seas Driftnet Fishing Moratorium Protection Act, which is classified generally to sections 1826d to 1826k of this title. For complete classification of title VI to the Code, see

Short Title

of 1995 Amendment note set out under section 1801 of this title and Tables. The Pacific Salmon Treaty Act of 1985, referred to in subsec. (b)(1), is Pub. L. 99–5, Mar. 15, 1985, 99 Stat. 7, which is classified generally to chapter 56A (§ 3631 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 3631 of this title and Tables. The Dolphin Protection Consumer Information Act, referred to in subsec. (b)(2), is Pub. L. 101–627, title IX, § 901, Nov. 28, 1990, 104 Stat. 4465, which is classified to section 1385 of this title. For complete classification of this Act to the Code, see Tables. The Tuna Conventions Act of 1950, referred to in subsec. (b)(3), is act Sept. 7, 1950, ch. 907, 64 Stat. 777, which is classified generally to chapter 16 (§ 951 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 951 of this title and Tables. The North Pacific Anadromous Stocks Act of 1992, referred to in subsec. (b)(4), is Pub. L. 102–567, title VIII, Oct. 29, 1992, 106 Stat. 4309, which is classified generally to chapter 70 (§ 5001 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 5001 of this title and Tables. The Atlantic Tunas Convention Act of 1975, referred to in subsecs. (b)(5) and (d)(2)(A), is Pub. L. 94–70, Aug. 5, 1975, 89 Stat. 385, which is classified generally to chapter 16A (§ 971 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 971 of this title and Tables. The Northwest Atlantic Fisheries Convention Act of 1995, referred to in subsec. (b)(6), is Pub. L. 104–43, title II, Nov. 3, 1995, 109 Stat. 377, which is classified generally to chapter 76 (§ 5601 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 5601 of this title and Tables. The Western and Central Pacific Fisheries Convention Implementation Act, referred to in subsecs. (b)(7) and (d)(2)(A), is Pub. L. 109–479, title V, Jan. 12, 2007, 120 Stat. 3635, which is classified generally to chapter 88 (§ 6901 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 6901 of this title and Tables. The Antigua Convention Implementing Act of 2015, referred to in subsec. (b)(8), is Pub. L. 114–81, title II, Nov. 5, 2015, 129 Stat. 660. For complete classification of this Act to the Code, see

Short Title

of 2015 Amendment note set out under section 951 of this title and Tables. The Ensuring Access to Pacific Fisheries Act, referred to in subsec. (b)(9), is Pub. L. 114–327, Dec. 16, 2016, 130 Stat. 1974. For complete classification of this Act to the Code, see

Short Title

note set out under section 7701 of this title and Tables. The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (d)(2)(A), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to chapter 38 (§ 1801 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 1801 of this title and Tables. Codification Section was enacted as part of the High Seas Driftnet Fishing Moratorium Protection Act, and also as part of the Fisheries Act of 1995, and not as part of the Magnuson-Stevens Fishery Conservation and Management Act which comprises this chapter.

Amendments

2016—Subsec. (b)(9). Pub. L. 114–327 added par. (9). 2015—Pub. L. 114–81 designated existing provisions as subsec. (h), inserted heading, and added subsecs. (a) to (g).

Statutory Notes and Related Subsidiaries

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see section 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

§1826g Enforcement

Summary

Title 16, §1826g

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Short Title

Short Title

Short Title

Short Title

Short Title

Short Title

Short Title

Short Title

Short Title

Amendments

Statutory Notes and Related Subsidiaries

Transfer of Functions

Citations & Metadata